Willow Glen Resident
News
City says Alano Club West failed to obtain permits and must close
By Alicia Upano
Characteristic of the on-again, off-again Alano Club West saga, the club's Sept. 14 hearing before the San Jose Appeals Hearing Board has been postponed.
The city's code enforcement division planned to ask the hearing board to shut the Alano Club doors. However, the club's attorney had a time conflict, and the hearing was rescheduled for Oct. 12.
Neighbors first complained about noise and parking issues at the club in October 2003. In early 2005, the club was ordered to close or apply for a conditional use permit.
The city has yet to receive a completed application despite repeated compliance orders, according to city documents. In April, the issue was supposed to go before the Appeals Hearing Board, but the city postponed the hearing to make sure it had a solid case against the club for its failure to comply, according to code enforcement deputy director Mike Hannon.
This latest bump in the process has frustrated neighbors who said they have waited long enough.
Alano Club West, 1139 Minnesota Ave., has been a haven for recovering alcoholics and drug addicts for 30 years. The club operated for decades without permits and remained under the city's radar until neighbors reported excessive noise and parking problems, according to Hannon.
Neighbors, including Iris Court resident Chris Piekarski, said the club's activity begins as early as 5:30 a.m. and extends beyond 10 p.m.
Piekarski wants the club to operate like any other business, with a permit that limits the negative effect on neighbors.
Alano Club attorney Sean Cottle maintains the club's activities are not disruptive to the community.
"The club feels that it is acting properly and has done so since 1976," Cottle said. "The club is supported by other individuals and other organizations."
Now the city is recommending the club be closed permanently. Cottle said his clients did submit a permit application in the summer of 2005, but the city told them it was incomplete. The club has not refiled a completed application.
Even though neighbors are disappointed by the latest delay, Hannon said, granting the attorney's request for a continuance is normal.
"I certainly appreciate the frustration that many residents feel about the continued delays," Hannon said. "They want their day in court, so to speak."
Hannon is confident the issue will be heard at the Oct. 12 Appeals Hearing Board.
The city will recommend the board order the club to close on Oct. 14, and that a $50-a-day penalty be levied against the club retroactive to the June 23 compliance order. As of Sept 14, the initial hearing date, the amount was $4,150. As of Oct. 12, the penalties will increase to $5,550.
If the club continues to violate city ordinances and remains open after Oct. 15, the city proposes the club be assessed a penalty of $500 a day up to $100,000, Hannon said.
However, the San Jose Appeals Hearing Board has the authority to impose the maximum penalties or none at all. If the board rules to close the club, the city anticipates club representatives will appeal in the courts, Hannon said.
Cottle said the Alano Club will contest the city's position at the hearing, as club leaders believe their establishment date gives them legal nonconforming status. The club would like to remain open and not pay the administrative penalties, because it is a nonprofit with no significant revenue stream.
Meanwhile, Piekarski has invited city leaders and the Willow Glen Business and Professional Association to discuss the Alano Club issue at the Sept. 13 Willow Glen Neighborhood Association meeting.
The Willow Glen Neighborhood Association meeting takes place at the Willow Glen Baptist Church, 1292 Minnesota Ave., at 7 p.m. The Oct. 12 San Jose Appeals Hearing Board meeting begins at 6:30 p.m. at San Jose City Hall, 200 E. Santa Clara St.
