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Zoning File #1606 <br />August S, 1991 <br />Page 4 of 5 <br />Issue of Legitiioacy of Applic20it6 a MeiBbership vs. User Level - <br />1. <br />(REVIEN EXHIBIT R, CITY ATTORNEY'S OPINION) <br />Lon-profit corporation. Big Island Inc. is a for-profit <br />corporation. Ms. Shapiro's opinion notes the corporation <br />does not pay dividends nor do shareholders realize any <br />profit in the event assets of the corporation appreciate. <br />But if the corporation is dissolved pursuant to the sale of <br />th:5 property, current shareholders would share in the <br />disposition of the proceeds of that sale. This would <br />suggest that this corporation is for-profit rather than non­ <br />profit. Ms. Shapiro is not convinced that the RS code <br />requires that an association be for non-profit. Big Island <br />Inc. is made up of unrelated individuals who meet at Big <br />Island for group activities. All are permitted activities <br />under the RS code. There is nothing in the cede that <br />suggests that this association/private club must be a non­ <br />profit club or association. <br />B.Membership vs. User Level. Ms. Shapiro has also reviewed <br />the bylaws as they relate to membership and number of <br />shareholders, noting that tota] membership at 100 wxth an <br />average family size of 2.5 coulu result in 250 persons in <br />attendance at one time. Please refer to Pages 2 and 3 of <br />applicant's most recent letter, Exhibit V. Mr. Judd advises <br />tnat your code discusses number of users and not membership <br />numbers. The number of users at any one time must bo <br />limited 100. Judd advises that the average number of <br />• ’ay ers is less than lO and the average number of <br />J users at any given t'.ine is less than 20. Two to <br />t times during a summer season, users may exceed 50. If <br />t» 1 lub were to ever have a group function that involved <br />more than 100 users, a large assembly permit would be <br />required. In the Big Island Veteran's ramp operation, the <br />City never asked for th total nu; per of veterans that were <br />part of that association, but mere y limited the user level <br />to the existing area. The code lin^ts the number of users <br />for Big Island Inc. to 100 at any ont time. <br />Planning CoamdsBion Recosoiendation - <br />The Planning Commission , ''mmended unanimous approval of <br />the conditional use permit for g Island Inc. that would propose <br />a day use recreation area f- £*cord Lots 12 and 19 finding all <br />standards of the RS district iiave been satisfied. Such approval <br />is based on the following conditions; <br />1. Applicants shall file a special lot combinatior for <br />Record Lots 12 and 19.