Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   We have a softball field 114 feet from our bedroom window. (https://www.askmehelpdesk.com/showthread.php?t=107667)

  • Jul 7, 2007, 02:20 PM
    laraJean
    We have a softball field 114 feet from our bedroom window.
    Below is a copy of the letter that I am taking to the park but I need more information. Does anyone know the law about city ordinances that restrict how close a softball field can be from a home.
    I warn you it is long...

    Our neighborhood has been having problems with the baseball field at ______ for years now.(I have letters to__ and from ___that date back to 2002. This does not include the phone calls over this time) We live at ___. We have contacted __on a regular basis by phone every year because we have problems over there. We have tried to work with the park district to be able to keep the field so that people and kids can use it but also make it livable for us and our neighbors.
    This year we finally asked for a meeting with ___. We had a meeting with him and ___ at the Park district on___ on Jun. 26. I was told they (__) would go out to the park and check it out/ take a look at it. He (__) was going to let us know when he was going to go out there so we could join him if we wanted to. We talked about making a fence taller and putting locks on the gates so people could not use it past an agreed upon time. This way the field could still be used by _____ and other groups but it would be better enforced. These groups would be required to follow the rules or their keys could be taken away in order to better enforce. We could also control how long people stayed there. The permits could have time limits on them and limits to how many nights it was used to lessen the noise problem. We needed this to be done because the field is 114 feet from bedrooms in my home and groups are staying past 8 pm. The other options were to move the field completely, take it out, do nothing or give the field to the school district and let them deal with it. (hand over the problem to the school district-that would be convenient)
    1. At our meeting we were told that they did not want to move the field.
    2. They did not want to take out the field because then they would need to talk to the school district to get permission to do that because part of the field is on school property. I did point out that the part that would need to be taken out was the backstop and the dug-outs and those were in fact on park property.
    3 Giving the field to the school district was not acceptable to us because
    Then we would have to start all over with trying to get this issue resolved and a the park district is still responsible for anything that happens on their property. Unless of course they plan on writing it up and giving the deed to the school for that section of the field and park. ( I also believe this to be an easy way out for them)
    4. Doing nothing was also not an option because the field is a nuisance to residents on __ .
    5. We thought of making the fence higher and putting locks on the gate and this would put the park district more in control.
    6. You could hire an employee to oversee the field while it is being permitted.
    7. You could build a block wall for all the residents.
    And but was not covered in our meeting.
    8. Just build a taller fence, lock the gates and don't permit the fields at all.(After all they are non reservable residential fields.) If we did that we wouldn't have to hand anything over to the school district. The gates could be locked at 5pm or 6pm. We would not have the noise after hours and it would take care of the parking and driving issues as well. You would not need to hire anyone to be here or hand out keys for permits. You would not have to deal with anything except simply having a park employee lock the field before work ends and the ranger or police could handle any drinking in the park issues, which will obviously lessen because most of the people who are drinking are there to play on the field. ___ can be diverted to __, a better field that is not being used on many nights and has no residents close to it. I am not sure but I believe it has lights and so they could use it longer hours.
    ___ and I left the meeting feeling like maybe we had finally accomplished something.
    I never received a call. ___showed up today at my home (7.06.2007) and told me that they handed the ____ softball field over to the school district. That the school district would now be in charge of permitting a field that was put in and kept up by the park district. ___ has been permitting this non-reservable field every year. (Yes, by the way it is considered a residential, non reservable fld because it is so close to the residents homes.)
    I feel like they told us what they thought would make us shut-up and went behind our backs and just gave the field and everything including the ability to permit a non-reserveable field to the school district. ____ told me today that the park district would no longer have anything to do with a softball field. How sneaky ,underhanded and deceitful that you have employees that would treat the public that way. A public that pays their salary through taxes. All we wanted was a solution to a noise and car problem that we have been having. They didn't even come and have the decency to speak to us, they just went behind our backs. How can you just hand over park property to the school anyway. __ said , its not on our property anyway. IF that were true, you would not have been permitting it in the first place. Have it surveyed. You will see that the property line is at the school fence where I showed them. Where the old __ ln was. ____ also said. " The school district has been permitting it already anyway" Very convenient that he forgot to mention that they mistakenly permitted it out one time to girls softball.-- per _____ the office manager at ____. I was told by ___that it was a mistake. I also spoke to ____ at the district administrative offices and she immediately called the group that they had permitted it to and told them they could no longer have it. All we want is someone to work with us.
    We would like to request a meeting with you before the board meeting on the 19th. Giving the field to the school isn't even an option unless it is done legally because you still own and are responsible for the property that half the infield sits on.
    We request that___or someone who can represent him be available and bring a copy of all permits that have been given regarding ___ softball field over the past seven years. I will bring you a copy of the__ park information sheet that states __ is Non-reservable. We request that ____ be available to bring a copy of this PRIVATE agreement that was made between him and___ on July 06, 2007 and anything they discussed in regard to___softball field. Permits and previous problems etc…and that___ be available as well since most of our communication over the last ten years has been with him and __.

    ____ Recreation and Park district Ordinance Manual Article 1 pg. 5 states -Major impact shall apply when the nature of the activity proposed is found to cause damage or nuisance to the neighbors. The damage is broken windows- the park district actually paid to replace the last one. Nuisance is the noise so close to our homes - oh and I need to mention that there is not enough parking in the lot to provide for the cars- the required parking of the field is beyond the park softball field capacity.

    I would like to request that the board be asked to oversee this field. Under use of fields section 401 pg 23 article IV says any request that will place a major impact on a given facility will be subject to board approval. Major impact is defined as an activity where proposed use is found to b) cause damage or nuisance to the neighbors. Or c) require parking beyond the capacity of the park. I really am sorry that I have to bring this kind of problem to you. If it had been handled openly and honestly in the first place we could have avoided it. Maybe we can take care of this before the board meeting on the 19th. If not I would like permit and agreement information available to me to pick up by July 13th 2007, before the board meeting.

    I requested from __ in writing the private agreement that he made with the school districts Dr __, on behalf of all of us at ___. I request that you put a stop to this agreement with the school district until we have a chance to meet and have the board take a look at it. __ told me that it was effective starting July 6th 2007.
    We would appreciate you getting back to us on this ASAP.

    Some other issues that need consideration are:

    July 3rd The ranger __ was called. He saw drinking in the park and instead of citing them he warned and advised them.

    Some kids are camping in the school field overnight in the little playground castle. A little girl was overheard one evening saying " I have to go poop" and her brother said "just go in the sand". If the fence was raised and locked it would take care of this as well.
    ___ had a racial incident where some kids were making remarks and throwing things over the back fence. If the dug-out fence was locked and taller it would help with this problem as well.

    We have had an increase in vandalism and gang activity (tagging) at the school. If these delinquents found it a little harder to get in it might deter some of that. We could make it harder to get in by raising the fence level and locking the gate.

    The school has made a financial investment in securing the front of the school. Now the kids just come around the back. Lets get the back secure as well. To be a distinguished school don’t you have to secure grounds anyway. If so, they could lose their status as a distinguished school.

    As of today all of the people below live on ____ in ____ and have been updated on our lack of progress. All of them have read and added their name to this email. There will be more to follow as people get home from vacation and are contacted.
  • Jul 7, 2007, 02:30 PM
    Fr_Chuck
    I doubt there will be any codes on this, also you can not force them to build fences to protect their own property.

    I doubt you will have any effect on this what so ever unless you can get a large among of people to support your view point.

    No schools don't have to have secure grounds, the ones here have no fences at all you can walk up to them and look in the windows anytime you want to.
  • Jul 8, 2007, 07:39 AM
    Cvillecpm
    Had you planted fast growing trees 5 years ago, you would have a SCREEN of the field by now.
  • Jul 8, 2007, 10:47 AM
    laraJean
    Yes but that doesn't help with the speeding traffic going to the field problem and the double parking at the end of the cul de sac and the alcohol issues...
  • Oct 18, 2011, 05:39 AM
    AK lawyer
    Quote:

    Originally Posted by laraJean View Post
    ... Does anyone know the law about city ordinances that restrict how close a softball field can be from a home.
    ...

    It may have been permitted under the provisions of a zoning code; or perhaps not.

    Quote:

    Originally Posted by laraJean View Post
    ...
    ...
    We would like to request a meeting with you before the board meeting on the 19th.
    ...

    You may be asking them to violate open meeting laws, if such laws exist in your state.


    Quote:

    Originally Posted by laraJean View Post
    ...
    ...

    We request that___or someone who can represent him be available and bring a copy of all permits that have been given regarding ___ softball field over the past seven years. ...

    It would be better if you went to his office and requested copies of such documents before the meeting. That way you can point to anything that has a bearing on your issue; instead of simply looking at a pile of papers.

  • All times are GMT -7. The time now is 11:32 PM.