2005.03.24 BOZA Minutes - Laserfiche WebLink

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Board of Zoning Adjustments Meeting March 24, 2005 - page 3 Rhodes said the CUP prohibited the use of muzzleloaders until 2003 when the City approved the use of muzzleloaders because it did not expand the effective use. He said he felt the standards should be applied consistently. Lights expanded the effective use and the City ignored its own effective use standard applied to muzzleloaders. The lights violate the City's effective use standard and precedent. Rhodes said the neighborhood had been impacted by having to listen to noise until 8 pm from April 18 through August 26. Now with lights, there is an additional 2-3 hours of noise per night the rest of the year. This noise occurred during a time when parents were doing homework and preparing children for bedtime. Rhodes also said the gun club had an impact on property values. He asked that the City be consistent in application of the effective use standard as applied to muzzleloaders, and the Club be treated as any nonconforming use. Rhodes submitted copies of his slide presentation for the record. Snyder asked Rhodes if it was in his opinion that shooting was unlawful between the hours of 6 and 8 pm. Rhodes acknowledged that it was not illegal but it was an expansion of the effective use. Snyder asked Rhodes when he had learned of the additional shooting. Rhodes said he had learned about the lights from a neighbor who saw the glow, and it was during an inspection of the club in November of 2004 that he found when lights had been erected. Schumann asked Rhodes if he had spoken to anyone at BESA regarding these issues. Rhodes said they had made some progress on other issues but were seeking the determination of the City to see if the lights could be used at all. Snyder pointed out that a change to a nonconforming use does not make it unlawful. Rhodes agreed that was a correct statement but said the ordinance specifically states a non -conforming use could not be expanded or intensified. Snyder said it must be determined if there was an unlawful expansion. Rhodes said that by definition, installation of the lights expanded the use. Schumann pointed out that the hours of operation were clearly stated in the CUP. Rhodes said the City had used a different standard with the use of muzzleloaders by considering the effective use. Schumann pointed out that the decision to disallow the use of muzzleloaders resulted from an emotional issue caused by a cannon being shot at the club years ago. Schumann said that because of the lack of language to stop shooting at dusk, it is clear that 8am- 8pm was the intent. He stated that realtors are to fully disclose the existence of the gun club. Snyder asked Rhodes if he had attempted to quantify whether or not there was additional shooting since the lights were installed. Rhodes said that the lights provided an additional 374