06 ATTACHMENT 5 - Laserfiche WebLink

Mr. Miller continued that he also went to the farthest room of his house and closed all the doors inside the house to get away from the noise, and he felt the noise levels were far greater than those shown on police reports. Mr. Miller stated that unfortunately, the Masons have not been good neighbors the past few years. He noted that there were parties at the Lodge on every weekend of June 2008. He indicated that their life has been impacted by these weekend parties and that this building was not intended for this kind of use. He invited the Commissioners to come by their home during one of these parties to experience what they are going through. Mrs. Miller stated that the log she submitted of the Lodge parties was only for the second year because that was when she and her husband met with the Planning Commission, with the guidance of Connie Cox, the President of the Valley Traits Homeowners Association. She noted that they did not log the first year, but there were parties Friday night, all day Saturday, and Saturday night. She asked if the earlier speakers from the Lodge had attended any of the parties and believed that the speakers were making statements based upon non - personal experience. Mrs. Miller stated that she was shocked by the statement made earlier that there had been only one bad event. She added that police had told her when they called to report the noise that they were told by the Masons that the property is commercially zoned and that they can operate until midnight. She indicated that she and her husband are very frustrated with the police and that there is confusion regarding the training of police and proper procedures to measure noise. She noted that the site is residentially zoned and that they could not operate until midnight. Ms. Miller referred to another statement made that there are many nuisances in the area and stated that people are aware of the nuisance when they move next to a park. She noted that this is not the case here as this nuisance moved into the neighborhood. Ms. Miller also voiced concern that there would be a conflict of interest to have a noise study that will be paid for and conducted by the Masons. She stated that she felt the neighbors are not being protected from what was approved in the original use permit. She noted that the Design Review Board report provide significant evidence that the property was originally meant for only one building — St. Clare's Episcopal Church. She continued that St. Clare's sold part of the property to the Masons, and the Commission at that time recognized that the second building was being squeezed into a property meant for only one building, and therefore was built too close to the neighbors. She added that as a result, the entire building design was approved with the intention of protecting the neighbors from noise. She noted that there are hundreds of yards between neighbors across the street, which is unlike their situation where they are literally feet away from the structure. She indicated that they would like to see the original use permit enforced and requested the Commission to do so. EXCERPTS: PLANNING COMMISSION MINUTES, March 25, 2009 Page 6 of 7