06 ATTACHMENT 5 - Laserfiche WebLink

a April 16, 2010 — Staff again met with the Millers and representatives of the Masonic Lodge. To address the concerns raised by the Millers, the Masonic Lodge proposed changes to their operation (Exhibit F), which included the following: • all functions would conform to the City's Noise Ordinance; • use of the outdoor patio would be restricted for rental uses; • no amplified music would be played on the patio at any time and all live music would be held only in the Masonic Lodge room located in the southern side of the building; • a minimum of two Masonic Lodge staff would be present at non - Masonic Lodge related functions to monitor the use and enforce the Noise Ordinance; • only pre- recorded music would be allowed in the dining hall and only with the double doors closed; • window shades would be installed on the double doors and the shades would be closed during evening hours to minimize any impact on neighbors; and • a double row of Italian Cypress would be planted along the rear property line'. The Millers indicated that they would review the proposal, but no formal reply was submitted. The Millers continued meeting with staff to discuss their concerns related to the use of the rear yard area and the existence of the rear double /French door at the Masonic Lodge. o October 15, 2011 — The Millers notified the Code Enforcement Division about a baptism held at the Masonic Lodge between 5:00 p.m. and 6:00 p.m. on a Saturday with the double /French door open, during which music was played. The Millers stated that they took noise readings and that the noise exceeded 60 A- weighted decibels (dBA), which they believed violated the City's Noise Ordinance. The Millers did not specify the location of the noise measurements. Staff notes the daytime noise threshold is 70 dBA; thus, no violation was found. a December 31, 2012 — Stuart Flashman, on behalf of the Millers, wrote to the City Attorney's Office suggesting that violations to the City Municipal Code occurred at the Masonic Lodge site. Mr. Flashman stated that unauthorized uses at the Masonic Lodge were creating a continuing nuisance to the Millers and questioned whether commercial uses, such as the catering business, are appropriate for or subordinate to a fraternal organization. A copy of the letter is attached as Exhibit L. o May 23, 2013 -- Nadia Costa, an attorney at Miller Starr Regalia, a law firm representing the Masonic Lodge at the time, wrote to staff and identified voluntary measures intended to address the Millers' concerns (see Exhibit H). The proposed voluntary measures modified the April 2010 proposal by the Masonic Lodge to include measures addressing when the outdoor area could be used for non - Masonic Lodge related events and parameters for leases. The proposed measures are summarized below: 1. Use of the Masonic Lodge Building (inside): Masonic Activities: 9:00 a.m. — 9:00 p.m. (Mon -Sun) all year Non - Masonic Activities: 9:00 a.m. — 5:00 p.m. (Mon -Fri) all year 1 The proposal did not specify if the Italian cypress trees would be planted along the Masons' entire rear property line or only along the section of property line abutting the Millers' property. UP -77 -13 Modifications, 3370 Hopyard Road Planning Commission Page 7 of 16