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51 <br />May 4, 1987 <br />6.E Special Use Permit (ZAP Games, Inc.) <br />Messrs. Tony Caron and Dan Santanni have made application to the City of Hugo for <br />a SUP to conduct a paintball games recreationin an Agricultural zone. The applicants <br />in question received a SUP previously in the immediate vicinity of the site in question, <br />and are requesting to expand their business to another location several hundred feet <br />from the current site. The property is genrally described as the NE4 of the NE4 <br />of Section 33, T31N, R21W. Mr. Caron will be leasing the above referenced property <br />from Mr. Santanni to conduct the activities proposed. Mr. Caron has assured the city <br />that there will be no buildings constructed on site with the exception of the portable <br />sanitation facilities required. Although no public hearing on this request was re- <br />quired, notices of the SUP were sent to all property owners with 300' of the site prior <br />to Planning Commission review. The city has received no complaints from property <br />owners or others regarding the activities of ZAP Games, Inc., to date. At the April 22, <br />1987 regular meeting of the Planning Commission, this matter was discussed and several <br />members of the Commission indicated their concerns regarding the expansion of this <br />commercial, recreational activity. Those concerns included, but were not limited to, <br />the following: <br />1. An increase in traffic on Goodview Avenue. <br />2. Expansion of a commercial use of property in an agricultural zone. <br />3. A more intense use of agricultural property than was originally intended for this <br />type of zoning district. <br />Mr. Rick Lessard appeared at the PC meeting, and indicated his philosophical objection <br />to the type of games being played at these sites. The PC chairman Harry Rudisill, <br />questioned whether this type of commercial, recreational use should have ever been <br />permitted in an Agricultural zone in the first place. Following a lengthy discussion <br />by the Commission, and the establishment of a number of special conditions, a motion <br />was placed on the floor to approve the SUP subject to special conditions. The <br />motion to approve the SUP failed on a 3 to 2 vote of the Commission, and this permit <br />request comes to the City Council without the PC's recommendation for approval. <br />Councilman Potts stated that ZAP Games is a shooting type of facility, and that the <br />city is asking the city attorney to remove trap shooting from city ordinances. He <br />stated that the city has a long history of opposing gun facilities, and that this <br />type of activity is not in the best interest of the city. <br />Mayor Atkinson stated that these games use air -powered guns, and mentioned the fact <br />that they operated within the city for one year without a permit, and no complaints <br />had been received. The games have operated in the city at two separate sites, and <br />there have been no complaints (SUP's issued for Marty Wegleitner and Chris Molitor <br />sites). <br />Motion made by Atkinson, Peltier seconded, to approve the Special Use Permit for <br />ZAP Games, Inc., to operate a commercial recreational activity at the following <br />described property (the NE4 of the NE4 of Section 33, T31N, R21W, Washington County, <br />Minnesota). This approval is subject to the following conditions: <br />1. Any and all conditions of the Special Use Permit must be met within 60 days, <br />unless otherwise stipulated in this permit. If conditions are not met, the <br />Special Use Permit approval will be null and void and a new application must <br />be completed. <br />2. All participants will be required to wear eye and ear protection. <br />3. The number of participants on any field at any given time to be limited to 30. <br />4. No alcoholic beverages or drugs, and anyone intoxicated will not be allowed <br />to participate. <br />