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HomeMy WebLinkAboutMinutes BZA 01-23-23 Leo: Can Jack Roger approach the stand?Do you live in this neighborhood?Jack Rogers: Yes, I live on Horseshoe Lane. Leo: What's your recollection of who previously lived at this house?Jack Rogers: Two divorced men, and their kids would stay there on the weekends,but they didn't live there all the time. Leo: I'm challenged by the Petitioner's Findings of Fact.My understanding this house was owned by one dividual with 3 children. There were never 8 individual people living here. Does the Petitioner have facts that state 8 individuals living here?Who told you this?Jennifer Piccione: During the transaction of this real estate,we spoke with the sellers daily for a month. It was 2 adult men who lived here, unrelated,who were not married,and had 3 children each. If you pull up the online posting of this home,you can see the pictures all of the different bedrooms and 8 beds. 8 people lived at this house. The children might have lived with the other parent during the week. Leo: I walked this neighborhood and spoke to some of the neighbors,asking them who lived here.They said an adult male and his 3 kids lived here. I then spoke to the person who owned this home,and it was only him and his 3 kids.Jennifer Piccione: That is not the case. There might be personal reasons why he said that, and I don't want to get into this tonight. If you pull up the posting on Zillow,there are 8 different beds shown.Leo Dierckman: After speaking with the neighbors and the owner,they are saying only one adult and his 3 kids lived here. You are using this as logic on your Findings of Fact,and you are asking us to support this?On the issue of location,you are using an example of the Group Home on 33 Beech Drive,and this location has parking for 10 spots,and is the first house as you turn onto Beech Drive. This location is totally different and is not being impacted as I feel this neighborhood would be impacted. This is not apples to apples.Your arguments and Findings of Fact don't jive on the way you want us to rule on this. I'm not challenged on the use since that is a protect use by law. I'm challenge by the set of circumstances you presented,and the validly of this location and methods you are using to validate that you will not negatively affect the neighborhood. You state 8 people have lived here independently of each other,and I don't know that is the case. I don't find the Findings of Fact factual in nature. I don't feel this is an appropriate location for this use. A Motion made by Hawkins and seconded by Grabow to approve PZ-2022-00208 SE.,conditioned upon: • The Petitioner addresses remaining TAC review comments before the issuance of the remodel permit, • The Petitioner complies with all applicable laws,regulations,and restrictive HOA covenants and limitations as it relates to UDO Section 9.08(EX3), • The special exception approval is only valid for 5-year time limit(would need to come back to the BZA after 5 years),and • The implementation of Special Exception will not otherwise result in a violation of any limitations or prohibitions imposed by any applicable HOA restrictive covenants. Approved 3-2,Dierckman,Potasnik. TABLED TO FEB.27-(UV,V)Insurance Office Variances, 2. , 3. Docket No. PZ 2022-001 ' DO-Seetion-5:-3 ,5 hhiii Ground Sign e-requested-fer-residen-tial structure erted t.office 4. , (V)Pruett Residence,Home Occupation Variance. The applicant seeks the following development standards variance approval: 6. Docket No.PZ-2022-00243 V UDO Section 5.18 Home Occupation Standards-Backyard area requested to be used. The site is located at 13787 Hickory Ridge Ct. (Springmill Crossing subdivision,Lot 163). It is zoned S2/Residence. Filed by Steven Lammers of MRL(Mandel Rauch&Lammers, P.C.),on behalf of Cary &Carrie Pruett, owners. Petitioner: Steven Lammers,Mandel Rauch&Lammers,P.C.: • With me tonight are the homeowners,Cary&Carrie Pruett • Coach Cary is now pursing his passion in coaching kids in agility soccer training 4 BZA Meeting Minutes 1-23-23 • Coach Cary received approval from the HOA for his backyard space that has turf he uses for training • Coach Cary did not proactively seek this as a full-time job,but he became very good at what he does and thus gained a lot of business from kids who wanted him for training • We are willing to impose conditions for our variance request to address the concerns of the neighbors • We received over 20 letters of support and most of them are here tonight • We received concerns about the noise generated in his backyard,but Coach Cary only limits 1-on-I training.The noises you hear wouldn't be any different than the noises from kids playing outside. • Coach Cary doesn't use whistles or megaphones. There's no shouting. Coach Cary is a conscientious neighbor and will limit the noises generated. • We are willing to limit lessons from loam to 7pm, 6 lessons a day,2 trainees per session • This doesn't change the nature of the neighborhood,and neighbors will still be able to enjoy their backyards • There will be no signage or advertising on site,and it is not visible from the street • Traffic generated will be no different than a kid hosting a birthday party • We will limit the parking to the driveway only,and no parking on the street • Outside training doesn't really exist during the winter months,and we are willing to cut off training in the warmer months at 7pm • Some neighbors are concerned about the soccer balls bouncing off a wall, is no different than kids bouncing and shooting basketballs • The neighbors who live directly behind fully support it. They are exposed to it immediately.They have stated the trainees are not loud and do not cause stress or distraction. • We are seeking variance approval for supervised outside play Cary Pruett,homeowner: • I have a passion teaching Spanish and soccer,and working with the youth • It started as a side business,and it got bigger than I ever expected • I believe in an active outdoor lifestyle,and all of the same sounds from kids in this neighborhood will continue regardless of if I'm approved or not • I created this multi-space in my backyard for my family,and now I want to share it with others • It feels if there were ever a purpose for a variance,this should be the one Mulley Danforth,5th grader: • I see Coach Cary every Thursday to train with him in his backyard • I can bike to his home for training,and I have gained the skills and confidence needed to play soccer Public Comments in Support: Jacob Highton,Springmill Crossing: The noise generated is normal active play.Our neighborhood has lots of kids and you can hear them play outside daily. The noise is minimal. Coach Cary has a passion,and this will continue. Brent Santiwictz,former neighbor: My son trains with Coach Cary.He comes to my son's game. Coach Cary trains several players on my son's team.He's willing to train the low-income kids on my son's team for free. Ryan Feiock, Springmill Crossing.: I live directly behind Cary. My office where I work from is 25-ft from the backyard. The noise is not a problem.The noise my kids make from playing basketball is a lot louder. I take a lot of phone calls from my home and the noise is never an issue.The property is never an eyesore. They have been great neighbors. Public Comments in Opposition: Tania Roudebush, Hickory Ridge Ct.: We are a next-door neighbor. There's no doubt he's a good coach and teacher. That's not the point or why we are here tonight.An outdoor business does not belong in the middle of subdivision and not allowed per the Cannel UDO. Home Occupation Standards state a business shall be conducting wholly within the home. Cary did not tell us he was coaching kids other than his home and running an outdoor business. It is a nuisance for us and the sounds of the ball hitting the wall is loud. I can hear him coaching up the kids. Back-to-back lessons occur.Cars idle Iwhile parents wait for pickup.His turf buildout now creates standing water next in our backyard,passes out photos. Terry Hickey,Hickory Ridge Ct.: Lives across the street. This has been very hard for me. We hired private coaching for our kids.After reading and listening to all the responses,the BZA should deny this variance.UDO 5.18 is based on more than player development through private coaching. What important for these kids is Coach Cary and not this backyard.A 5 BZA Meeting Minutes 1-23-23 neighbor asked me to do something for this soccer business because he didn't know how to stop this escalation. I contacted the HOA.I didn't receive any communication from the HOA. It's our belief the HOA did not approve this buildout per the bylaws. We were to believe that this buildout in their yard was for their kids to play in. Nancy Beckerich,Hickory Ridge Ct.: I live across the street.You read my letter, and a lot of the support are from people who are not directly affected by this. It's a nuisance, and this contradicts UDO 5.18. We are concern if this goes forward, what's next?The sound is a constant sound of the soccer ball thudding against the wall. There was a lack of transparency between the Petitioner and the neighbors. We have been put in the middle of this. We do not want this outdoor business. Mr. Carey can take his business elsewhere at a park or an open field. There are options. Rebuttal to Public Comments: Steven Lammers: • A variance introduces some flexibility to the Ordinance • You did not hear from any disapproval from the HOA.There was no attempt from the HOA to shut down • The homeowner was forthcoming with the HOA and received approval • Once we received a violation notice from Cannel Code Enforcement,he has not done any training since • It is not in violation of the Home Occupation Standards with the variance Department Report: Angie Conn: • The Petitioner is seeking variance approval from Home Occupation Standards • We did feel the proposed intensity of this use is of concern and should be addressed • The Petitioner is willing to reduce the hours of operations,trainees on site,and number of lessons • Our goal is to mitigate or eliminate the nuisance • We want the Petitioner to work the Cannel Engineering Dept.to resolve the standing stormwater • Staff recommends positive recommendation with several conditions: parking on site,reducing number of trainees, seeking a fence permit for existing fence,reducing the days and hours,and comply with the property maintenance codes,which relates to the standing water, and to relook at the existing lot coverage. Board Comments: Leah: Have you agreed to reduce to 2 trainees at a time,and 6 lessons a day?What were the hours?Carey Pruett: Correct. Hours would be from loam to 7pm.Leah: Have you looked at commercial space?Cary Pruett: I would lose money daily if I had to rent a commercial space.Leah: I did some math on revenue with the limitations,and that is a significant income. Jim: Have you looked at utilizing parks or any other open spaces we have in Cannel to do this type of training where it wouldn't have that much of an impact on the neighborhood?Cary Pruett: I have looked into this. There's no way for me to achieve what I achieve and connect with the kids with the way I do on consistent basis. The turf that I placed in my backyard drains any rain immediately.Any open space wouldn't be useable if it rains. Brad: How much time would you spend given lessons in a given in a day?Cary Pruett: There's only 2 months of the year where I can do 6 lessons a day. I can only give 4 lessons during a school day.Cutoff would be at 7pm. During the spring and summer breaks,6 would be the max.Brad: How much time during the day the neighbors would hear the noise?Cary Pruett: During this last summer,I did 7 lessons, around 5-6 hours a day. The other months I did 3-4 hours daily. Brad: Would the normal noise ordinance of the City comply with this request?Angie Conn: The Petitioner has committed to no use of whistles,and megaphones, but we have not measured what the level would be at the property line from the other noises generated,such as the thump of the soccer ball. Brad: Can the Petitioner continue to be in compliance with the HOA and their covenants?Cary Pruett:Yes.I'm willing to do what I can to change certain noises. Using a decibel reader,the noise shouldn't be louder than a basketball bouncing. If it is louder than a bouncing basketball,I will do my best to reduce my noise levels generated on site. Brad: If this petition is denied tonight,can that effect of the denial be delayed for the Petitioner and his students to allow for a transition period?Sergey Grechukhin: That would not be an option. There was no permit obtained prior to this. 6 BZA Meeting Minutes 1-23-23 Brad: Can Code Enforcement delay this for a short period to allow the Petitioner to transition?Angie Conn: Yes, if you direct us to do that since we are in the middle of winter. ILeo: When this was first introduced to us, I was under the impression that this was built for your kids, and then you expanded it to other kids to the point where you can do it full-time. Cary Pruett: That is correct.Leo: A remonstrator brought up a Facebook page about your services for soccer agility training before the date you built your turf space.Cary Pruett: I have always done soccer lessons on the side at high school fields.I built this for my kids to use. I decided to stay and work at home when we had a baby. Leo: This is having a negative impact on your neighbors. This is a variance request with a bunch of added requirements such as reducing the hours and resolving the stormwater issue. There are facilities built in this town that you can lease space from.Alan: I agree with you.You can add the need for a fence permit for the existing fence. When did you move in?Cary Pruett: March 2022.Alan: When did the soccer turf get installed?Cary Pruett: May 2022. Alan: Why couldn't you do lessons on a football field?Cary Pruett: It would be like playing basketball on a gravel road. The turf drains the water efficiently and allows me to conduct my training agilities during any conditions. That's why I built the training space. A Motion made by Grabow and seconded by Hawkins to approve PZ-2022-00243 V. Motion Denied 5-0. Meeting adjourned at 8:02 p.m. '-%"--- —. Leo Dierckman—President e Shestak—Recording Secretary I BZA Meeting Minutes 1-23-23