Severance planning commission backs amendment to allow batting cages inside storage unit with 30-day compliance condition

The Town of Severance Planning Commission on Sept. 17 recommended that the Town Council approve an amendment to an existing Use by Special Review permitting a batting-cage business to operate inside one unit of an existing storage building, with a condition that the applicant obtain a certificate of occupancy within 30 days of council approval.

The recommendation, passed by unanimous roll call, follows months of discussions between staff, the building official and the property owner after staff became aware in December that the batting operation was active inside a building rated for storage. Planning staff and the town’s chief building official identified multiple code issues that must be corrected before the building can be legally used for a “B” (business) occupancy.

Town planner Shaney Porter told commissioners the structure was issued a certificate of occupancy as an S-1 storage facility and “is now being used as batting cages and baseball training, which is a B occupancy,” and that the change of use requires a new certificate of occupancy under the International Building Code. Porter read a list of outstanding violations: the building was not designed for business use and lacks the required makeup (outdoor) air per the International Mechanical Code; the restroom is not accessible to patrons with disabilities; and the building’s thermal envelope does not meet the 2018 International Energy Conservation Code requirements for heated occupancies.

“Our recommendation is approval of the amendment to the special use permit with the condition that the applicant obtains a certificate of occupancy from our chief building official 30 days after approval from town council,” Porter said. She told commissioners the item is scheduled to go to council the following Tuesday.

Russ Weber, the town’s chief building official, explained the core technical issues: “Anytime something’s heated we have to protect that heat from just going out the door. So they need to update their thermal envelope. The occupant load in there … we need to also have fresh air brought in. … And of course any business has to have an accessible restroom.” Weber said, based on his site visits, that the work to bring the unit into compliance could be done in about seven working days but that lining up contractors and permitting could extend timing.

Property owner Justin Spathe told the commission the owners acquired the buildings in 2020 and understood the approved use to allow a variety of activities in the Town Core but that they did not intend to be noncompliant. “Our intent is to offer a valuable service for our local community,” Spathe said. He said the tenant had a business license and that the owners had received quotes and were evaluating feasibility and costs to make required upgrades.

Tenant Aubrey Jones, who operates the Semper Fi Athletics training program, said the tenant first walked the site with staff and Weber in November 2024 and was surprised later by a letter stating the operation was out of compliance. Jones said the program runs multiple youth teams and partners with other local organizations; she said the group wants to comply and keep serving local youth.

Commissioners debated the appropriate compliance deadline. Planning staff recommended 30 days; several commissioners expressed concern 30 days might be tight but nonetheless voted to recommend approval with the 30-day condition. Vice Chair Peroni made the motion to recommend approval with the 30-day timeline; Chair Quandt seconded. The roll-call vote recorded seven yes votes and no dissent.

Porter and Weber told commissioners that if the use is not brought into compliance within the specified timeframe, staff will pursue a zoning violation and the batting-cage operation would have to cease until the building is corrected and a certificate of occupancy is issued. Porter said staff had sent multiple written communications and had been engaged in negotiation with the owner and tenant since December or January.

The commission’s recommendation will be transmitted to the Town Council, which has the authority to approve, deny or impose other conditions. If council denies the amendment, Porter said the batting-cage use would have to cease immediately and staff would verify compliance and could issue fines for any continued operation.

Votes at a glance: Approve amendment to Use by Special Review to allow batting cages in one storage unit; condition: certificate of occupancy obtained within 30 days of Town Council approval. Outcome: Planning Commission recommended approval (7–0).

The commission moved on to a staff training item after the vote; the amendment will next be considered by Town Council on the date staff scheduled (the following Tuesday, per staff).