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Elks Lodge use permit back before council

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A pair of zoning issues are at the top of the agenda for the Maryville City Council during its first regular session of November set to begin at 7 p.m. Monday at City Hall.

The first matter involves a request for a special use permit submitted by the local Elks Lodge that would allow the organization to move its headquarters from a century-old building on North Main to a former church at 921 E. Third Street.

The request to locate the lodge in the residential neighborhood has been green-lighted for council approval by the Maryville Planning & Zoning Commission but is being strenuously opposed by neighborhood resident Nicki Samson, whose yard adjoins the former church’s parking lot.

Addressing the council during its last regular meeting on Oct. 24, Samson said her primary objections to the Elks acquiring the Assemblies of God property include late operating hours and the group’s intention to serve alcohol.

While the Elks are considered by many to be primarily a service organization, the local lodge does operate a bar open daily to its more than 300 members. At the lodge’s current location, the bar begins serving at 4 p.m. and generally closes at 10:30 p.m. However, on busy nights or during special events the establishment serves patrons until 12:30 a.m.

The issue was tabled last month following Samson’s remarks because council members Tim Shipley and Jerry Riggs are both Elks Lodge members, and City Attorney Taryn Henry was unable to render an immediate opinion as to whether they should excuse themselves from the vote.

Since then, municipal staff has issued a written recommendation that Shipley and Riggs refrain from voting on the question and recuse themselves from any further debate in order to “eliminate any appearance of a conflict of interest.”

Samson, who has lodged the sole formal complaint against issuance of the permit, is arguing that locating the lodge in her R-2M Single Family-zoned neighborhood violates the city’s comprehensive plan.

“I know they (the Elks) do a lot of good things,” Samson told the council. “But I don’t want to live in a bar.”

She described her bedroom window as being about 6 feet from the parking lot offering access to the church building’s main rear entrance.

“I don’t want to stay up with you all night, I just don’t,” Samson said, pointing out that a special use permit is, in effect, permission from the city to conduct a land use in a location where such activities or facilities would not normally be allowed.

“Why do we have zoning?” she asked. “Why do we have rules? I don’t mind playing games if we all follow the same rules.”

A second special use permit before the council involves a request from the Northwest Foundation — the fundraising arm of Northwest Missouri State University — to build an addition onto the Alumni House located at 640 College Avenue (West Fourth Street).

A former single-family residence, the ornate brick structure serves as a headquarters for various alumni events and fundraising activities.

Proposed renovations, should the special use permit win approval, include additional office space and off-street parking.

The building is located in an R-2 Single Family zone and is already classified as non-conforming under current regulations.

According to a staff report, the Planning and Zoning Commission has recommended the special use permit for approval. The report also stated that the proposed expansion fits within the Civic Use guidelines set forth in the city’s comprehensive plan.

In other business, the council is expected to consider approving a $23,000 contract with Professional Turf Products of Tulsa, Oklahoma, for an irrigation system upgrade at the Sechrest 18 and Watson 9 golf courses at Mozingo Lake Recreation Park.

Because the existing Toro irrigation system embraces proprietary technology, Turf Products, a Toro dealer, is considered a “single source” supplier, meaning that the purchase was not subject to competitive bidding requirements.

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