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• <br /> 2016 (Maul: <br /> The CUP does not address the current use of the backyard. Condition#1 in the CUP only applied during <br /> the construction period of the lodge. (If you are confused by this, we were too!) <br /> • This time City staff added a completely new argument, which we had never heard in nine <br /> years of discussions with the City. Staff stated that Condition #1 of the CUP only applied <br /> during the construction of the Lodge building, and therefore had no effect on current Lodge <br /> operations. That is, with the City's current interpretation, the CUP does not address the <br /> use of the backyard. <br /> • City staff stated in their response to the code enforcement complaint: <br /> "Condition#1 relates to the development of the site and design of the building. Once the site was <br /> developed and the building was constructed per the standards of this condition, this condition was <br /> determined to be successfully implemented. This condition would only now apply to any new construction <br /> or development on—site, none of which is currently proposed by the Masons. This condition does not have <br /> any language explicitly prohibiting outside activities." <br /> • The above response frustrated us so much that we asked our attorney to write a letter <br /> to the City (See Attachment). Our attorney states in his letter, <br /> "Both my clients and I find this interpretation nothing short of ridiculous. Nowhere in the Use Permit <br /> is there any indication that this condition was for construction activities. Nor has the City ever raised this <br /> claim in all the time that my clients have been attempting to have the Use Permit enforced. The City <br /> cannot simply rewrite conditions to avoid their enforcement." <br /> We frankly are at a loss to understand why Staff has been so adamant in supporting the Masons against <br /> the legitimate complaints of neighboring residents—especially when the 1977 Use Permit conditions were <br /> clearly intended to protect those residents. <br /> We hope that the Council will demand an explanation for Staff's past behavior. <br /> Furthermore, we hope Council will direct staff in the future to take its direction from the Council and the <br /> Commission, rather than attempting to create its own policy directions. <br />