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incorrectly issued the building permit over - the - counter instead of referring the matter to <br />the Planning Department for a design review. <br />12. Page 5 of the 2015 Staff Report discusses the catering business and states, <br />"Several zoning certificates for catering businesses have been approved by staff <br />since the operation of the Masonic Center. Catering businesses were <br />determined to be a use ancillary to the Masonic Center facility, and were <br />allowed to use the commercial kitchen for food preparation, including food <br />served on site." <br />• Again, this is an incorrect and misleading statement. This has already been discussed in #3 <br />above. <br />13. Page 6 of the 2015 Staff Report discusses three teen events the Masons held at the lodge, <br />including: Alistair's Entertainment, Naughty or Nice, and White Party. <br />• The City omitted to state that all three of these events are very different from private <br />parties such as a private wedding or birthday party. Instead, these parties target teens by <br />advertising on the Internet, and require teens to pay a fee at the door to enter. Usually <br />hundreds of teens attend these parties. <br />• These parties turned a quiet residential neighborhood into a party location for teens to <br />come and drink alcoholic beverages and smoke marijuana. This is completely inappropriate <br />for a residential area, and yet, this is exactly what the City has created. And this isn't much <br />different from today when private parties are held at the lodge and alcohol is served —that <br />is the City put a bar in the middle of a residential area. <br />• Also, the Millers' understanding is that these types of "pay -at- the - door" parties that target <br />teens require permits. Yet the Masons never got permits for any of these parties and to this <br />day have not been sanctioned by the City. <br />• As noted in a section above, it was the public outcry that stopped these parties. <br />14. Page 6 of the 2015 Staff Report states, <br />"Mr. David Austin, an attorney retained by the Millers, indicated the Millers would <br />have their own acoustic consultant prepare an acoustic study to document the noise <br />levels associated with the events at the Masonic Center.... Staff has not heard any <br />update from the Millers regarding the study." <br />• This is an incorrect statement by the City. This was discussed in #7 above. <br />15. Page 7 of the 2015 Staff Report discusses that on April 16, 2010, the Masons proposed changes <br />to its operations, including : <br />"Ail functions would conform to the City's noise ordinance." <br />• Although this is true, since the City's current interpretation of the noise ordinances is to <br />exclude voices, the noise ordinances provide little protection for the Millers. Since the <br />capacity of the lodge is 600, the noise level from voices alone can be deafening and makes <br />the Millers' backyard unusable. <br />• However, Planner Donna Decker, obviously did include voices in the codes as she states in a <br />March 10, 2009 email to the Millers stating, "The measurement would be from a structure. <br />What that would mean in terms of sound from a band or people attending a function, it <br />would be measured 25 feet from the structure." <br />17 <br />