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City Council Will Hear Appeal on Maxwell House Conditional Use Permit

Published on Tuesday, December 24, 2024 | 4:33 am
 

Neighbors opposing a Conditional Use Permit (CUP) that will allow the Western Justice Center to host special events annually at the historic Maxwell House, located in a residential neighborhood at 55 S. Grand Ave., are appealing a decision by the Board of Zoning Appeals to uphold the CUP. The appeal means the City Council will make the final decision on the CUP passed by the city’s Hearing Officer and upheld by the Board of Zoning Appeals in October. The ruling allows 21 special events to be held annually at the venue.

Some conditions were added to the CUP, including a mandatory onsite code enforcement compliance officer that must be onsite at least four times a year. Nearby residents claim the weddings have been a nuisance at the site due to noise impacts.

“Over the last year or so, we, being good neighbors and acting in good faith, have been contacting Western Justice Center directly about our concerns and their violations of the Temporary Use Permits because Western Justice Center asked that we work directly with them and not contact the City,” said Anita Yagijan in correspondence to the Hearing Officer. “Unfortunately, Western Justice Center has not corrected the violations we raised.”

Councilmember Rick Cole, who was then a Planning Commissioner and deliberated as part of the Board of Zoning Appeals, said in October the Western Justice Center’s insensitivity to their immediate neighbors brought the City into ironically mediating a thorny legal and practical dispute. Cole called the decision “a pragmatic outcome that can ensure compliance with a reasonable set of standards. The new conditions give the Western Center an opportunity to demonstrate their good faith as good neighbors.”

The CUP allows a maximum of 21 events per calendar year. These events include weddings, celebrations, and similar life celebration events. No events will be held on consecutive weekends in 2025. The events will only take place on Saturdays and Sundays between the hours of 9 a.m. and 11 p.m. Set up and clean up will occur during those times, but removal of equipment shall occur the day after an event during business hours, to avoid noise late at night.

Amplified music shall be limited to indoor areas only and shall be prohibited after 10:00 p.m. Outdoor music or use of microphones shall cease by 6 p.m. All sound (voices, music, etc.) from the events shall comply with the City’s Noise Restrictions Ordinance. The events are expected to generate revenue that would help support the organization’s mission and maintain the historic campus.

“From my perspective, these and other conditions will ensure that the wedding event schedule does not negatively impact adjacent and nearby residents,” Novak wrote in a memo to the Board of Zoning Appeals ahead of Thursday’s meeting.

The Maxwell House, built in 1929, has a storied past, having served various functions from a residential bungalow to an army hospital during World War II. The Western Justice Center aims to enhance its primary use as administrative offices while also preserving the building’s historical integrity.

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