06 ATTACHMENT 5 - Laserfiche WebLink

Mr. Mark Dennis et al. 6/15/2016 Page 2 detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity; The conditions attached to a use permit are intended to ensure that the use will not violate this requirement by creating detrimental impacts on surrounding properties and their residents. 2. THE CONDITIONS THE PLANNING COMMISSION PLACED ON THE LODGE'S USE PERMIT WERE INTENDED TO PROTECT AGAINST THE INJURIES THE FINDINGS WERE AIMED AT PREVENTING. The Planning Commission recognized that placing a club building had the potential to be incompatible with the neighboring residents. It was precisely for that reason that the Commission enacted Condition #1, requiring That the building be designed so that activities will be focused towards the southern portion of the subject property [i.e., the side of the property furthest removed from adjoining residents) (Resolution No. 1562, attached hereto as Exhibit A.) The Planning Commission was well aware that an organization like the Masons could create problems for a residential neighborhood unless there were proper controls on its activities. Knowing that the Masons sometimes hold parties and other celebrations, including outdoor activities, the obvious purpose of this condition is to minimize the impact of the Mason's use of the property, and specifically of outdoor activities associated with the use, on the adjoining residential properties and their residents. Since it talked about the design of the building, rather than its construction, it is quite obviously not a construction - related condition. The staff report for the Planning Commission meeting where the Use Permit was approved only reinforces the intent of the condition. It indicates an intent to "minimize any noise generated from within" the building; that the building entrance would be on the south side, that there would be no windows on the other three sides2 (which face residential areas) and that the only other openings would be emergency exits. The Project's design review also confirms this interpretation of Condition Number 1, as it states, "Placing the entrance on the south side of the building concentrates outdoor activities as far as possible from the bordering residences." Thus the Use Permit condition itself, other references in the permit, the staff report, and the design review all make it abundantly clear that the condition was intended to keep activity, including especially outdoor activity, away from the residential properties to the north of the site. 3. THE LODGE, AND THE CITY'S, SUBSEQUENT ACTIONS FLOUTED THE CONDITION THAT THE CITY HAD ENACTED. Despite the use permit's clear Condition #1, in 2004 the City allowed the Lodge to remodel the building and install glass French doors opening onto the north side of the building, directly facing my clients' home. Predictably, this both literally and figuratively opened the door to having outdoor activities take place on the north side of the building, in direct contradiction to Condition #1 in the use permit. Predictably, since the installation of the glass doors, the Lodge has violated Condition Number 1 on a regular basis by holding loud parties and other events in the The lack of windows also made sense to maintain the secrecy of Masonic rituals held in the building.