Laserfiche WebLink
Mayor and City Council <br />May 4,1999 <br />Page 2 <br />the Club would proceed with the hiring of an off-duty policy officer during the rush hour period, <br />if needed. 1 do not believe the Club ever did so. <br />Instead, unfortunately, the Club chose to serve a Complaint and Petition for Alternative <br />Writ of Mandamus against the City on July 1. 1998, and sought a Court decision that the Club <br />need not obtain any permits of any kind from the City to build the access road and to use it as the <br />Club deemed appropriate. Fortunately for my clients and many others who would be adversely <br />affected if the Club prevailed, the City vigorously defended its right to require the Club to use the <br />conditional use permit process to see if access of some type should be allowed. The Club has <br />finally submitted an application while still claiming it has a right to do whatever it wan*.s as <br />outlined in its allegations in the Complaint. It is unfortunate that this application must now be <br />reviewed and acted upon while the litigation is still pending, albeit temporarily on hold by the <br />Club. In most other cities. I would be afraid that in such a situation, the City would capitulate to <br />the demands of a litigant in its subsequent deliberations. I have no such fear in this case. <br />Additionally, since my clients have personal and business relationships with members of <br />the Club, no one wants to be in this situation. I am sure all parties wish they could turn back the <br />clock of time to a date before May 5. 1998 (when the Club built the access road) and start the <br />process over in a different way. <br />However, my clients have no choice now, as was the case last May, but to try to protect <br />their children, themselves and the neighborhood from the proposed use of the quiet, narrow, <br />poorly paved road serving their homes, by numerous vehicles coming to and from the Club. <br />B. Preliminary Review of the Facts. <br />1 The Club was built in approximately 19.5 to 1917. <br />2. The main access to the Club was provided by a road (Woodhill Road ) constructed <br />to County Road 15. <br />j.That road has adequately ser\*ed the Club since then. <br />4. I do not know what the zoning was for the Club’s property at the time of <br />construction. For now 1 will assume that there was no zoning ordinance then or that the zonina <br />ordinance permitted construction of the Club. <br />5. At some point, a narrow dirt way was established by the Club which led to <br />Woodhill Avenue. No one seems to know when it was first used by the Club or whether the <br />necessary- zoning permits were obtained. The way was used rarely through the vears. <br />6. On May 23,1968 the Trustees of the Club indicated that the Club decided to bar <br />26025