2005.03.24 BOZA Minutes - Laserfiche WebLink

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Board of Zoning Adjustments Meeting March 24, 2005 - page 2 Appeal of Administrative Decision for Lights at the Bald Eagle Sportsman Club (BESA) The Board considered the appeal of an administrative decision filed by Kevin Rhodes, 12160 Upper Avenue North. Mr. Rhodes submitted in writing a request for the appeal of an administrative decision prior to the October 6, 2003 City Council meeting to allow an application from BESA to be placed on the consent agenda for approval without a public hearing. The application involved the installation of lights at the skeet shoot range at BESA. BESA had indicated to staff in a letter dated January 4, 2005, that the skeet shooting range is used by existing members who wish to shoot skeet. The lights allow for a fall trap and skeet league including 10 to 15 participants with 4 to 5 people shooting each night. The skeet shooting range is located central to the site and is screened from neighboring properties by dense forested areas. The lights consist of two banks of stadium style lights that are mounted approximately 30 feet high on wooden poles. Skeet shooters stand in a specified area and, using shotguns, shoot targets as they are thrown into the air. The staff had sent notice of this request for an appeal to other property owners in the area, in case they would like to provide input on this issue. Chair Schumann asked City Attorney Dave Snyder if he had any comments. Snyder informed the Board that there was no requirement in the Ordinance or State Statues that required a public hearing be held for an amendment to a conditional use permit (CUP). If there was a significant change, a public hearing could be held but there was no mandate or requirement. Schumann opened the public hearing. Kevin Rhodes, 12160 Upper Heather Avenue, referenced his letter (received by the City on February 15, 2005), which will be made a part of the record. Rhodes disagreed with Snyder, saying a public hearing was required by state law, the Zoning Ordinance, and by the precedent set by the City. He also stated that he felt staff failed to site Hugo Zoning Ordinance requirements. Rhodes said that the ordinance intends that all non -conforming uses shall eventually be brought into conformance and that BESA has moved further out of conformity. Rhodes pointed out that since the club became non -conforming in 1999, the non -conforming use had been enlarged or increased. He said the effective use of the club and the manner of operation was daylight hours, and there had been a change in the manner of operation. Lights extend the non -conforming use. Rhodes referred to the BESA site plan from when the CUP was approved and pointed out that there were no lights shown on the plan. Rhodes said the installation of lights was not an incidental alteration; therefore, extended the non -conforming use into the nighttime hours.