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Larkin Hoffman 11/5/2008 10:55 PAGE 004/004 Fax Server 40 Mr. Michael Grochala, Community Development Director November 4, 2008 Page 3 proposed addition does not meet the definition of "sport court" as set forth in the City's Ordinance. The City's Ordinance defines sport court as "a facility that typically includes a paved playing surface for one or more sport activities such as, but not limited to, tennis, basketball, or volleybalL" A facility is "something created to serve a particular function." Webster's II New Riverside University Dictionary 460. The proposed addition, however, is not a facility. First, it will be a room in Mr. and Mrs. Smith's home. Second, it is not being constructed to serve one particular function; rather, it will serve numerous functions, including exercise and relaxation purposes for the family. Additionally, the proposed addition is not intended for sport activities. It will be used for exercise by residents of the household not for organized, competitive sports activities. In addition, the proposed addition will also not have a paved playing surface. It will have hardwood floors consistent with the finish of the remainder of the home. Inclusion of reference to a paved playing surface indicates that a sport court was intended to be an outdoor, detached sport court. Several provisions in the Ordinance regulating sport courts also lead to this same determination. For example, the Ordinance imposes requirements regarding the height of • practice walls and chain link fencing and the direction of lighting. Such requirements are not applicable to a room fully connected as an integrated part of a residence. • Conclusion Clearly, the addition proposed by Mr. and Mrs. Smith is not an accessory use to Mr. and Mrs. Smith's home. While the Schwartz may not be happy with Mr. and Mrs. Smith increasing the size of their home, that is all the proposed addition does, increase the size of the home. As the City has recognized in the past, the proposed addition and its proposed use is not an accessory use, it is part of the principal use of the property as a home. Mr. and Mrs. Smith simply requests that they receive like treatment and that their building permit be issued. Thank you for your consideration. C. Crri ' for kin Hoffman Daly & Lindgren Ltd. Direct Dial: Direct Fax: Email: 952- 896 -3290 952- 842 -1729 wgriffith@larldnhoffman.com cc: Mark Smith Tamara O'Neill Moreland, Esq. 1226023.1