Severance, Colorado — The Severance Town Council on Sept. 23 approved an amendment to an existing use-by-special-review allowing an indoor batting facility inside a storage building at 10845 County Road 74, contingent on the operator bringing the unit into compliance with building and accessibility codes within 30 days.

The council voted unanimously to adopt Resolution 2025-40R authorizing the amendment, with conditions recommended by staff and the Planning Commission. The resolution requires the owner to address five specific code issues — change of occupancy classification, makeup/outdoor air, an accessible restroom, insulation/thermal envelope and related electrical/work — within 30 days of council approval. Town management was given limited discretion to grant brief extensions if progress is shown.

The action follows more than a year of staff review after town inspectors discovered the batting operation was operating in a storage-rated unit. Planning staff told council the unit was built and issued a certificate of occupancy for storage use and was not rated for ‘‘B’’ business occupancy. Planning staff member Shaney Porter said, "The actual batting cages are existing there today. They're operating in a building that was specifically built for storage facility, not for human occupancy. The occupancy rating on that building allows for storage, but not for an actual business for human folks to come in and be a part of." Porter listed the five conditions the council included in the resolution and noted that failure to meet them within the deadline would require the use to cease.

Justin Morales, who identified himself as the property owner and applicant, told the council he and the building owner believed earlier inspections and permits supported operation and that they delayed capital work until the council approved changes. "We have been working on this for a long time as Shaney just alluded to," Morales said, adding that contractors and permit applications are lined up and that the required upgrades are achievable.

During public comment, operator Aubrey Jones described the program as youth-focused and said the facility had been inspected earlier when the business license was issued. Jones said she requires liability waivers and insurance and asked the council to allow the operation to continue while required fixes are completed. "We had heater, ADA accessible bathroom, overhead door... he said that everything appeared to be in compliance," Jones told council.

Town Manager Nick Wharton and town legal staff described the town's efforts to work with the operator while also identifying building- and zoning-related deficiencies. Wharton told the council staff had repeatedly urged the applicants to submit required applications and that the town had provided multiple opportunities to bring the unit into compliance. The building official and town attorney also advised council on the safety and legal implications of allowing public use in a space not designed or permitted for that occupancy.

Council members expressed support for youth activities but emphasized the safety and liability reasons for the conditions. Council member Bruin made the motion to approve the resolution with the Planning Commission stipulations; the motion was seconded and later amended to add explicit language giving the town manager discretion to extend the 30-day period briefly if the applicant shows good-faith progress. The final vote was unanimous: Hessler—yes; Barrett—yes; Vandermark—yes; Mayor Matt Friese—yes; Bruin—yes; Gallardi—yes; (roll-call tally: 7 yeas, 0 nos, 0 abstentions).

The resolution and Planning Commission material spell out that, if required corrections are not completed within 30 days, the use must cease. Porter and the building official told council the key upgrades include obtaining the correct occupancy classification and any permitting and inspections for HVAC (makeup air), plumbing (accessible restroom), insulation/thermal upgrades, and electrical work. Morales indicated those contractors and permit plans are ready to be submitted now that the council has approved the amendment.

Council’s action preserves the permitted use only for the single unit that was before the council; staff said any other unit in the storage complex seeking the same business use would need a separate amendment. Planning staff noted the Planning Commission recommended approval at its previous meeting.

Votes at a glance: Resolution 2025-40R — Approved (7–0). Motion to approve made by Council Member Bruin; amended motion and final second recorded; council adopted the resolution with the five code-correction conditions due in 30 days and a managerial discretion clause for limited extensions.

The council moved on to other agenda items after the vote; town staff said they will monitor compliance and, if required, enforce the cease-of-use provision in the resolution.

Sources: Severance Town Council meeting transcript Sept. 23, 2025; staff presentation and Planning Commission recommendation; public comments recorded at the meeting.