HomeMy WebLinkAbout2005.06.06 RESO 2005-0032RESOLUTION 2005-32
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGO CONCERNING
THE ADMINISTRATIVE APPEAL OF MR. KEVIN H. RHODES
WHEREAS, the City of Hugo processed an application filed in late 2003 from the
Bald Eagle Sportsman's Association (BESA) to permit installation of lights at the trap/skeet
shooting range on BESA property located at 6557 125` Street North located in the City of Hugo,
County of Washington. Mr. Kevin H. Rhodes, 12160 Upper Heather Ave. North has appealed the
decision that no public hearing was required for the city council to approve the installation of
lighting on the trap/skeet range at the Bald Eagle Sportsmen's Association Gun Club:
WHEREAS, the City Council makes the following findings:
1. The Bald Eagle Sportsman's Association (BESA) operates its gun club in the
City of Hugo pursuant to a Special Use Permit (SUP).(attached). Its 40 acre
property contains a number of shooting ranges, including a range for pistols,
rifles, and a separate range for trap/skeet shooting. The SUP sets forth days
and hours of operation for the club stating, among other things, that the club
may be open between the hours of 8:00 a.m. until 8:00 p.m., Monday
through Friday, and 10:00 am. until 5:00 p.m. on Saturday. The SUP allows
the club to be open on six consecutive Sundays ending with the Sunday
closest to the Minnesota deer season opener and requires its closure on
certain holidays.
2. Under the SUP the facility is open to the public only on Saturdays and
specified Sundays. At all other times, according to the Permit, the use of the
facility is limited to members and their families and benefit guests. The
Permit contains a provision stating that the City is to be notified five working
days prior to any day on which extended hours of operation would be
requested. The SUP contains a provision stating that there shall be no
change in the physical operation of the club without notification to the City
and that at no time shall the current size of the physical operation of the club
beincreased.
3. In late 2003 BESA requested approval to install two banks of exterior
lighting to illuminate the trap/skeet range in connection with its use for the
fall trap/skeet leagues which occur during a four week span during the last
two weeks of September and the first two weeks of October. According to
the SUP, weekday shooting is to end at 8:00 p.m. The fall trap/skeet leagues
are completed by the third week in October.
4. According to BESA the lights, which are the subject of this appeal, after
dark, are used on weekdays during this 4 week period- from the middle of
September until the second week in October. This is two weeks before and
two weeks after daylight savings time comes into effect. The lights are used
to enhance shooting during the fall h*skeet leagues when there is either
low light or no light. The lights are not otherwise used in after -dark
conditions but they are used intermittently during daylight operating hours to
enhance visibility of targets, such as when the sky becomes overcast. When
used, the lights are used during the specified hours of operation.
5. The City council approved the installation of the lights upon staff
recommendation. The two banks of lights which were to be installed,
pursuant to the application, were later installed on 30 foot poles on the
skeet/trap range. According to BESA the addition of the lights allowed the
fall skeet and trap leagues to be rescheduled from August and September to
their current arrangement -in late September and early October.
6. The City Council received discussion on the effect of the lights. The lights
are not directly visible from, nor do they cast light upon, neighboring
properties. Mr. Rhodes stated that it was possible to observe a glow from the
lights. As indicated in the staff report, the lights are in the center of the
property, over 600 feet from the nearest property line. The perimeter of the
trap range is heavily wooded providing screening from adjacent properties.
There has been no increase in membership as a result of the addition of lights
on the skeet/trap range. There is no evidence that additional families or
guest shooters use the facility as a result of the addition of the lights. There
is no evidence that the level of noise emanating from BESA has changed or
that the overall amount of shooting has or will be affected in any way.
7. Mr. Rhodes states that during the two to four weeks in which the lights are
used after dark, an expansion of the use necessarily occurs since no
trap/skeet shooting would otherwise take place during these hours. BESA
states that it only uses the lights during the hours in which it is otherwise
entitled to shoot anyway by the terms of its SUP, that it uses them only in
connection with the four-week period in the fall and during daylight
operating hours and that no increase in shooting or membership has
occurred.
8. Mr. Rhode's appeal seeks a reversal of the "decision that no public hearing
was required for the City Council to approve the installation of lighting at the
Bald Eagle Sportsman's Association Gun Club." During the appeal,
extensive public testimony was famished to the Board of Adjustment and
Appeals and the City Council and notice of public hearings were sent to
surrounding property owners.
BASED UPON THE FOREGOING AND ALL THE EVIDENCE AND TESTIMONY
ADDUCED AT THE HEARINGS ON THIS MATTER, THE CITY COUNCIL OF THE CITY
OF HUGO, WASHINGTON COUNTY, MINNESOTA FINDS IN ANSWER TO THE APPEAL
AS FOLLOWS:
1. That because no material changes to the SUP were made in connection with
the additions of lights on the trap/skeet range the City Council desires no
public hearing should have been held in connection with the approval of
lights on the trap/skeet range at BESA. That, in any event, public hearings
have been held and extensive public testimony have been received in
connection with the appeal, including a hearing at the board of adjustment
and appeals and at the City Council level, satisfying the need for input on the
matter.
2. The addition of lighting to the trap/skeet range as currently configured, and
as currently used, during after -dark conditions for a four-week period in the
fall to accommodate the fall trap/skeet leagues and during daylight hours,
does not constitute an unlawful expansion of nonconforming use and is
permitted to continue.
Adopted by the Hugo City Council this a day of June 2005.
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ATTEST:
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Mary Ax6ereager, City Clerk 0