BA250033 Handout Memo
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DATE: July 17, 2025 TO: Board of Adjustment From: Nick Schlimm, Planner SUBJECT: BA250033 – Wiley Property Agenda Item: #7 Since the publication of the staff report for the referenced case, staff received one notice of opposition from the owner of the property adjacent to the west of the subject property. It is this neighboring property (as well as Stacey Road) from which the applicant is requesting the reduced setback for the basketball / pickleball court. The author of the letter states that the court’s proximity to her property is creating an ongoing safety hazard as basketballs and pickleballs are frequently crossing into her property. These incidents have already resulted in property damage, including to her dining room and bedroom windows, her pool filtration system, and her landscaping and outdoor furniture. Furthermore, the use of the court is causing disturbances both in terms of noise and light pollution, and the author notes that pickleball courts typically generate noise in the 60-70 decibel range. Finally, the author alleges that the applicant (who had previously submitted the permit for the swimming pool on the subject property) was aware of the permitting regulations governing sports courts and nonetheless opted to build the court without benefit of zoning clearance and an issued permit. For these reasons, the author of the letter has requested that the Board of Adjustment deny this variance request. Attachments: Letter of Opposition (2 pages) Written Comment – Variance Case BA250033 Submitted by: Anterre Beebe (Adjacent Property Owner) Dear Board Members, Thank you for the opportunity to provide comments on this variance request. I live immediately west of the property seeking a variance for a sport court, court lights, and basketball hoop that were built without permits--just 58 inches from our shared fence line, well short of the required 20-foot setback. (See Photo 1) This extreme proximity has created an ongoing safety hazard for my family. Basketballs and high- speed pickleballs frequently fly over the fence into our yard. It’s not a matter of if someone gets hurt, it’s when. I can easily picture my teenage daughter sunbathing by the pool when a basketball launches over and hits her. Or our dog getting sick after chewing on a stray pickleball. These are real concerns, not hypotheticals. (See Photo 2) The court has also caused property damage. We’ve had basketballs hit our dining room and bedroom windows, and pickleballs get pulled into our pool filtration system. Balls have smashed into landscaping and outdoor furniture by the pool. While the damage has been relatively minor so far, it’s only a matter of time until it’s not. The issue isn’t the player skill level, it’s how close the court is to our home. (See Photos 3 and 4) There’s also the issue of noise and disturbance. Basketballs hitting the backboard or bouncing off concrete are loud, but pickleball is something else entirely. Its sharp, repetitive pops are jarring and carry through my entire home. As pickleball grows in popularity, so do noise complaints--because people quickly realize how disruptive it is. A quick Google search shows that typical pickleball courts generate noise in the 60–70 decibel range, which exceeds many residential noise standards. It’s just not compatible with the quiet nature of a residential backyard. Additionally, the light spillover from the court lights is extreme and literally illuminates our dining room, living room, primary bedroom and daughter’s bedroom. Finally, I want to point out that the contractor who built the court knew the permitting regulations. He applied for a pool permit at the same time, yet skipped permits for the court and lighting presumably because he knew they wouldn’t be approved. Whether it was deliberate or careless, it shouldn’t be rewarded. Granting a variance after the fact sends a troubling message: that the zoning code can be ignored if you push the issue far enough. It invites others to build whatever they want, wherever they want, and hope no one challenges it. I respectfully urge the Board to deny this variance. My family shouldn’t have to sacrifice our safety, peace, and property value so someone else can have a full-size, recreational, park-like setup in a space that simply can’t accommodate it and doesn’t meet the size requirements for such use. Thank you for your time and consideration. Sincerely, Anterre Beebe Supporting Photos Photo #1 Photo #2 58-inch setback shown from our side of the fence using a measuring tape. View of basketball hoop and court directly adjacent to our poolside lounge area. Photo #3 Photo #4 Court and proximity as viewed from our backyard, showing full hoop height and visual intrusion. Photo posted to public Instagram showing court and basketball hoop’s distance from fence line, taken from inside the neighboring property.