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ordinance, they're not detrimental to the health and safety of the neighbors, why are you limiting it only to 16 days? Weinstein: I think we recognize that even though noise is not being generated in exceedance of the noise ordinance because human voices don't count in regard to the noise ordinance, we're still acknowledging that noise is an issue for neighbors just like activity levels are, just like lighting is, just like traffic is, just like parking is, so these restrictions aren't just focused on noise. They're focused on overall activity levels. We understand that neighbors are impacted by activity and that includes all of the things I just mentioned. Commissioner O'Connor: So these activities are detrimental to the health, safety and welfare. Weinstein: I don't think they would rise to that level. The findings that we're recommending indicate that we think that with these restrictions, the use will not be detrimental to the public health, safety and welfare, but there's the potential for that to occur, right? And that's the whole impetus behind conditions that we're suggesting. So we think that with these conditions there won't be an adverse impact on health and safety and public welfare, but without these conditions there could be. Beaudin: Could I just add to that? So I've seen these types of circumstances in different cities over time where you have residential uses next to commercial or non - residential uses, and I think it's about finding the balance. The reason this is back before you from a staff perspective, the Masons got a little out of hand in 2008/2009. That was reigned in, and frankly the only reason this is back is because we received repeated complaints from a neighboring property. So what we're trying to do is find a middle ground. I would suggest that the public health, safety and welfare of the community isn't threatened by the current use permit, but it's clearly causing some discomfort for the neighbor and so we're trying to address that matter. Commissioner O'Connor: So Jenny, do you know when the rear yard was landscaped and began use? I mean, do we have a permit for that? Commissioner Balch: When the door got put in. Commissioner O'Connor: The door was installed in 2008, but was there a permit for the rear yard improvements? If not, I don't believe so. Do you know when that took place? Was it shortly after the doors were installed? Soo: I think perhaps it is around that time because otherwise I couldn't think why there is any need for the doors. Commissioner O'Connor: That also seems to correlate with the timeframe that you said the Masons got a bit out of control; the same time as the yard went in. Beaudin: Again, it was the scale of the events. We have conditions to modify and regulate the physical improvements to the building. We actually saw a serious or significant increase in the overall number of people attending events and the kinds of EXCERPT: PLANNING COMMISSION MINUTES, June 22, 2016 Page 5 of 52