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since 2006 that's what's happened with the Masons. They have been conducting parties <br />and events of all types outside their building right across our fence line for money. They <br />collect money for people they're renting the building to. That's commerce. Now, this is a <br />complicated issue as you've seen lots of material we presented to you. We're sorry <br />about that you had to read through it, but there really is a simple question here. The <br />question is should a quiet, private, non - commercial fraternity in a residential zone be <br />allowed to morph into a noisy commercial business that ruins the lives and damages the <br />property of the people who live close to them so they can make money? That's the <br />fundamental issue. Put yourself in our house and the house of people behind me. That's <br />what this is about. <br />Now staff has suggested the conditional use permit is not clear about the outside <br />building use. We would disagree with that in the staff report. If you look back in 1977 <br />until 2006 and I've lived in the house since 1985, there were absolutely no events of any <br />kind. I thought the building was abandoned. The CUP was a perfect solution, perfect. In <br />fact, even in 2008 the City said the existing entitlement does not allow outdoor use on <br />any side of the structure. In the last staff report in 2015, staff said, enforcing the <br />conditions of the CUP would not allow continued active use of the backyard. So, it's <br />very clear to us both from the history and from the comments from the City that the <br />Masons are not allowed to use the outside property. Now, there were absolutely no <br />problems of any kind until they modified their building, put in French doors, landscaped <br />the outside and brought the inside activity outside into our lives. So, Chair Ritter you <br />asked what we would suggest going forward? Enforce the current CUP and keep the <br />activity inside. That worked beautifully. The Masons could do whatever they wanted <br />inside their building with absolutely no complaint from residents around it. But, once that <br />activity comes outside, there is no way to control is. And again, if it were your house, <br />would you want to be outside with your friends on a Saturday night with 200 people <br />across your fence line partying so the people next door could make money? We would <br />say, you wouldn't want to do that, nor would we. <br />We have our attorney to speak more to the specific codes and issues with this account <br />and we'd like to climb up second if that's possible. We appreciate your time very much <br />on this. Thank you. <br />Stuart Flashman: Good evening Commissioners and I really appreciate your spending <br />the effort and time on this issue. It is a serious one for my clients and it's been a long- <br />standing one and it's been very frustrating for them to have to live with this for as long <br />as they have. As I indicated in my recent letter to the City, when the City allowed the <br />Mason's to go ahead and landscape the backyard and put in the glass doors and put in <br />the patio, they basically literally opened the door to a whole new range of problems for <br />my clients, and those problems should not have been there because the use permit that <br />was granted in 1977 was pretty specific about saying that the uses are supposed to be <br />concentrated on the southern side of the property. Well, all those glass doors, the patio, <br />the landscaping in the backyard, that's all on the north side where there's not supposed <br />to be activities going on. That's supposed to be on the southern side, and the City just <br />went ahead and let that all happen and essentially since then has turned a blind eye to <br />it and continued to let that sort of stuff happen. And I want to talk a little bit about what <br />that use permit was about because when a use permit is granted, as you know, it has <br />conditions attached to it and you also have to make findings. One of those findings <br />PLANNING COMMISSION MINUTES, June 22, 2016 Page 15 of 56 <br />