Willow Glen Resident

News

Is American Legion rental space grandfathered? Still unanswered

By Alicia Upano

American Legion Post 318 has suspended renting the Minnesota Avenue hall, as leaders try to prove hall regulations were grandfathered under prior regulations.

The Legion's actions are in line with a city compliance order to cease using the property as a private club by Oct. 11.

If the Legion can prove its "legal nonconforming" status, it will be able to operate indefinitely, according to Mike Hannon, San Jose code enforcement deputy director. The Legion, or the hall renters, would still be required to obtain necessary permits for parties.

However, if the city does not agree the Legion was grandfathered in, the hall will no longer be able to operate as a private club in a district zoned residential.

Legion attorney Robert Sturges said it plans to submit its paperwork to the city in the coming weeks. If the status is granted, Sturges said the Legion would continue to rent the hall.

The city's compliance order, issued in August, came after neighbors complained about noise from the weekend parties. The Legion and neighbors tried to reach a compromise, but their talks reached an impasse in June.

Neighbors previously reported issues at the hall to the code enforcement department and the police. Recently, there have been no complaints, Hannon said.