CCMIN04162019 - Laserfiche WebLink

Michael and Darlene Miller, appellants, thanked Council for its consideration; addressed meetings with the Chabad and noted their only concern was noise from outside activities. Ms. Miller noted they have come to agreements on various issues, including noise, with the Chabad but as a result of the most recent agenda report expressed concerns regarding denial of their request for a sound wall, taking issue with staffs comparison of Chabad to other religious institutions. She added the Chabad has agreed to the installation of a sound wall and stated they support staffs recommendation of no more than 24 children on the playground with 2.5 hours of use. Another concern raised was in regard to the 2005 St. Clare's Master Plan and spoke in opposition to it. Ms. Miller spoke about working closely with Chabad and reported they are encouraging neighbors who have issues with the project to sit down with them to resolve them. Michael Miller felt the proposed solution is far from perfect, but it is a good one, given the needs of the Chabad and its proximity to surrounding residences. He stated Chabad has been a good neighbor and thanked them for working hard to develop mutually-agreeable solutions. He thanked staff for their work; asked for approval of an eight-foot sound wall on the northside, facing their property; agreed with staff in limiting capacity and hours of the outdoor play area; agreed with Chabad asking that large, outdoor events be limited to five events in a three-month summer period (June, July and August); agreed that the City allow two outdoor events per year of up to 250 people; agreed with increasing the occupancy inside the Chabad and agreed to expanding the small-group meeting area to more than twenty-four people, but suggested considering the issue after the area has been sized. Additionally, he asked that the small group area not be used before 7:00 a.m., asked that the Chabad be allowed to use a microphone and indicated opposition to the St. Clare's Church Master Plan. Mr. Miller shared their experiences as Christians, noting the importance of treating others how you would like to be treated. Rabbi Raleigh Resnick expressed agreement with and support of Mr. Miller's comments; noted this has been a long process and listed items they feel they need to operate successfully. He referenced Condition No. 3; noted when they first bought the property there was a title search and there was no recorded agreement; stated talking with St. Clare's about the possibility of building a parking lot, but making this a contingency and forcing the taking of the land for shared parking is not something they can have to be able to function. He added they executed a parking agreement with St. Clare's, and it does not require the building of a parking lot for another 48 1/2 years. He asked Council to strike the condition and allow the Chabad and St. Clare's to work together. Rabbi Resnick requested clarity regarding Condition No. 4 as to the meaning of"may include" and asked that it be amended to reflect any fifteen events. Relative to Condition No. 5 and a new outdoor terrace, he asked that they be allowed to have at least 50 people in the area and agreed with limiting operations from 7:00 a.m. to 10:00 p.m. Regarding the number of people allowed in the building, he stated they have had more than 120 people in the building every week for the last two years, without any parking issue and asked to increase the number of people to 250. Rabbi Resnick referenced Condition No. 21 and did not feel, from a security issue, they need to make all of their events public and asked for clarification regarding audit. He confirmed surrounding neighbors and staff will be notified of large events and stressed that in order to function, they need to have 75 square feet of space per child for 48 children, which is the State licensing requirement; at least 4,000 square feet is needed for the playground and at least 4,000 square feet for the outdoor area. He added he would like to have at least 250 people for two of their fifteen outdoor events. Helen Principe reported she was neighbors with the Resnick's for ten years and found them to be polite, respectful and inclusive. She was glad the Miller's have built a relationship with them and spoke in support of the project. She expressed concern with putting thresholds on religious events and felt there is a need for inclusiveness. City Council Minutes Page 6 of 20 April 16, 2019