06 ATTACHMENT 5 - Laserfiche WebLink

In the Public Hearing notes, page 6, it states that, "Commissioner Shepherd requested that some wording be inserted to safeguard the residences from the facility by means of buffering." Also, on page 7, "Commissioner Shepherd requested addition of Condition 20 to require solve kind of effective buffer between the residential area and the facility." In the Public hearing notes, the City Council accepted all 19 recommendations of the proposed planning resolution and added one more regarding a "buffer" as noted above. This clearly shows that the City Council agreed with the entirety of the Staff Report, and that the Staff Report shows the clear intent of the Commission and City Council. The Staff report on page 1 states, "Lodges are conditionally allowed uses in the RM District." Since the Masonic Temple is in a residentially zoned area, and not commercially zoned area, the Planning Commission added the additional conditions discussed above to protect homeowners in a residentially zoned area. Conditional Use Permit The conditional use permit reflects the concerns raised in the public hearings and the Staff Report. It states: Section 1, item 1. " the guiding standards for the development of the site shall be that structures not total more than approximately 20,000 sq. ft. in area and that the building be designed so that activities will be focused toward the southern portion of the subiect property. Section 1, item 20. "That the applicant provide an effective buffer between the development and the single family residential area surrounding the property." Recent Changes to Structure With the changes made to the building and grounds by the Masonic Temple several years ago, well after the building was constructed, the Masonic Temple is now in violation of the conditional use permit and the intentions of the Planning Commission in granting the permit. Specifically, 1. Construction of glass doors on the north side of the building allows sound generated within the building to pass outside the building to the north, creating a nuisance for the residential areas north of the building. This clearly violates the planning commission's intent that at_Ay noise be contained inside the building. 2. Construction of glass doors, a patio, and gardens on the north side allows participants of activities inside the building to move to the north side of the grounds outside the building and also allows the Temple to conduct activities on the north side of the building. This clearly violates the planning commissions' intent that activities be focused on the south side of the building and away from the north side. This also violates the planning commissions' intent that the area behind the building be used for a parking lot. Remedy What is required to remedy the nuisance being creating by the Temple is for the wishes of the Planning Commission and the provision of the conditional use permit to be enforced, specifically: