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PC 062216
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PC 062216
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
6/22/2016
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is, it seems to me we have a loophole that once you get your initial use permit under a <br />certain set of conditions under a certain precedent, you can kind of move away from <br />that and start to loosely interpret that use permit as we're seeing here. So again, you <br />start off with a fraternal organization or place of assembly for a religious body or what <br />have you, and while because we can use it for that, I'm going to use it for this. I'm going <br />to rent out our kitchen and I'm going to have vans sitting in the parking lot that are <br />mechanically unsound for months at a time, so it kind of grows and grows and grows <br />and now we have the issue that we have. And, you know, I don't envy your position. I <br />don't envy the Miller's position. This is truly the definition of a quandary. What do we do <br />and what precedent do we set for the rest of the City where we might have similar <br />conflicts. I can only go back to what I would support personally and that would be a <br />substantial re- working of this use permit, perhaps not a revocation outright at this point <br />but something much different than it was in 1977 and much different than what staff is <br />proposing now. Thank you. <br />Commissioner Nagler: When you say much different, what then? <br />Broome: I think the definitions need to be tightened up. I think the uses need to be <br />tightened up. I think that perhaps a solution would be that the organization to whom it's <br />issued to have to use it a majority of the time and that percentage is fixed. Let's say <br />they have to use it 75 percent of the time for their meetings or their related events, <br />ancillary uses per se, and then any outside uses or rentals or what have you would be a <br />smaller percentage of that. So that change would allow for that organization to grow and <br />contract and grow and contract over time. It would also define something. Right now we <br />have a big, wide birth and it's up to interpretation as we've heard from staff, as we've <br />heard from their attorney. It's defined but it's not defined, so that would be my <br />suggestion. <br />Commissioner Nagler: Thank you. <br />Jann Bartow: I also live in Valley Trails and I'm a board member of the Valley Trails <br />HOA, also known now as coalitions. This is a letter that was submitted back in 2014 just <br />going through restated in regards to the board members' support for the Millers. It's <br />dated September 14, 2014 and there was a meeting held by the Valley Trails volunteers <br />HOA and there were approximately 60 people at that time that attended, which are <br />primarily all residents. It sags, "Ms. Miller presented to our volunteer Valley Trails HOA <br />meeting on September 14t and explained to us the current situation at the Masonic <br />Lodge building located at 3370 Hopyard Road. Attached are both the Miller's letters and <br />their attorney's letters. Our members are very concerned about the intrusion of the <br />commercial activities into the residential area in the guise of accessory uses. The City <br />needs to protect, not destroy, the peace and the tranquility of our residential <br />neighborhoods. The Valley Trails HOA agrees with the Millers that these commercial <br />activities and the associated noise nuisance should not be occurring in a residential <br />neighborhood. We also agree that the Planning Department's justifications of the <br />commercial activities via the accessory use provision in the zoning code are not <br />appropriate." So as board members, we support the Miller's request to remove <br />whatever you can out of this situation. Thank you. <br />PLANNING COMMISSION MINUTES, June 22, 2016 Page 24 of 56 <br />
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