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HomeMy WebLinkAbout2005.03.24 BOZA MinutesMINUTES HUGO BOARD OF ADJUSTMENTS AND APPEALS MARCH 24, 2005 Chairperson Schumann called the meeting to order at 6:35 PRESENT: Brunotte, Puleo, Schumann ABSENT: None ALSO PRESENT: Bryan Bear, Community Development Director (CDD) Dave Snyder, City Attorney Michele Lindau, Secretary Minutes February 24 2004 Puleo made motion, Brunotte seconded, to recommend approval of the minutes of February 24, 2005 as submitted. All Ayes. Motion carried. Variance for David Pepin The Board considered the application of David Pepin, 4510 129`h Street North, for a variance to use a holding tank on property located within the MUSA. The existing sewage system was considered "failing" under the county or state requirements and a new conforming system cannot be installed on the property. The applicant requested to use a holding tank until such time as municipal sanitary sewers are provided to the site. Staff recommended approval with the conditions that the applicant provide a pumping contract with a licensed sewage disposal company and have the system designed to meet Washington County standards; the applicant sign an assessment agreement to participate in any future municipal sewer projects to serve this property in the future; and the applicant agree to remove the holding tanks and connect to the municipal sewer at the time service is made available. Chair Schumann opened the public hearing. There were no comments and Schumann closed the public hearing. Puleo made motion, Brunotte seconded, to recommend approval of the holding tank with the conditions in the resolution. All Ayes. Motion carried. Board of Zoning Adjustments Meeting March 24, 2005 - page 2 Appeal of Administrative Decision for Lights at the Bald Eagle Sportsman Club (BESA) The Board considered the appeal of an administrative decision filed by Kevin Rhodes, 12160 Upper Avenue North. Mr. Rhodes submitted in writing a request for the appeal of an administrative decision prior to the October 6, 2003 City Council meeting to allow an application from BESA to be placed on the consent agenda for approval without a public hearing. The application involved the installation of lights at the skeet shoot range at BESA. BESA had indicated to staff in a letter dated January 4, 2005, that the skeet shooting range is used by existing members who wish to shoot skeet. The lights allow for a fall trap and skeet league including 10 to 15 participants with 4 to 5 people shooting each night. The skeet shooting range is located central to the site and is screened from neighboring properties by dense forested areas. The lights consist of two banks of stadium style lights that are mounted approximately 30 feet high on wooden poles. Skeet shooters stand in a specified area and, using shotguns, shoot targets as they are thrown into the air. The staff had sent notice of this request for an appeal to other property owners in the area, in case they would like to provide input on this issue. Chair Schumann asked City Attorney Dave Snyder if he had any comments. Snyder informed the Board that there was no requirement in the Ordinance or State Statues that required a public hearing be held for an amendment to a conditional use permit (CUP). If there was a significant change, a public hearing could be held but there was no mandate or requirement. Schumann opened the public hearing. Kevin Rhodes, 12160 Upper Heather Avenue, referenced his letter (received by the City on February 15, 2005), which will be made a part of the record. Rhodes disagreed with Snyder, saying a public hearing was required by state law, the Zoning Ordinance, and by the precedent set by the City. He also stated that he felt staff failed to site Hugo Zoning Ordinance requirements. Rhodes said that the ordinance intends that all non -conforming uses shall eventually be brought into conformance and that BESA has moved further out of conformity. Rhodes pointed out that since the club became non -conforming in 1999, the non -conforming use had been enlarged or increased. He said the effective use of the club and the manner of operation was daylight hours, and there had been a change in the manner of operation. Lights extend the non -conforming use. Rhodes referred to the BESA site plan from when the CUP was approved and pointed out that there were no lights shown on the plan. Rhodes said the installation of lights was not an incidental alteration; therefore, extended the non -conforming use into the nighttime hours. Board of Zoning Adjustments Meeting March 24, 2005 - page 3 Rhodes said the CUP prohibited the use of muzzleloaders until 2003 when the City approved the use of muzzleloaders because it did not expand the effective use. He said he felt the standards should be applied consistently. Lights expanded the effective use and the City ignored its own effective use standard applied to muzzleloaders. The lights violate the City's effective use standard and precedent. Rhodes said the neighborhood had been impacted by having to listen to noise until 8 pm from April 18 through August 26. Now with lights, there is an additional 2-3 hours of noise per night the rest of the year. This noise occurred during a time when parents were doing homework and preparing children for bedtime. Rhodes also said the gun club had an impact on property values. He asked that the City be consistent in application of the effective use standard as applied to muzzleloaders, and the Club be treated as any nonconforming use. Rhodes submitted copies of his slide presentation for the record. Snyder asked Rhodes if it was in his opinion that shooting was unlawful between the hours of 6 and 8 pm. Rhodes acknowledged that it was not illegal but it was an expansion of the effective use. Snyder asked Rhodes when he had learned of the additional shooting. Rhodes said he had learned about the lights from a neighbor who saw the glow, and it was during an inspection of the club in November of 2004 that he found when lights had been erected. Schumann asked Rhodes if he had spoken to anyone at BESA regarding these issues. Rhodes said they had made some progress on other issues but were seeking the determination of the City to see if the lights could be used at all. Snyder pointed out that a change to a nonconforming use does not make it unlawful. Rhodes agreed that was a correct statement but said the ordinance specifically states a non -conforming use could not be expanded or intensified. Snyder said it must be determined if there was an unlawful expansion. Rhodes said that by definition, installation of the lights expanded the use. Schumann pointed out that the hours of operation were clearly stated in the CUP. Rhodes said the City had used a different standard with the use of muzzleloaders by considering the effective use. Schumann pointed out that the decision to disallow the use of muzzleloaders resulted from an emotional issue caused by a cannon being shot at the club years ago. Schumann said that because of the lack of language to stop shooting at dusk, it is clear that 8am- 8pm was the intent. He stated that realtors are to fully disclose the existence of the gun club. Snyder asked Rhodes if he had attempted to quantify whether or not there was additional shooting since the lights were installed. Rhodes said that the lights provided an additional 374 Board of Zoning Adjustments Meeting March 24, 2005 - page 4 hours over the year and the lights were an expansion of the ability to use the club. Melinda Lopes, 12160 Upper Heather Avenue North, said that muzzleloaders were specifically prohibited but that changed because of what was intended by an emotional issue. She asked the Board consider the emotional intent regarding the hours because it made sense that no one would be shooting after dark. Nick Barry, 12450 Upper Heather Avenue North, said it was the first time neighbors had the opportunity to talk about the lights and asked that, because it is such a heated subject, the neighbors be notified regarding any future issues with the club. Barry said that with only 4-5 people shooting on a night, the club couldn't be making that much revenue. He felt the Club was not being a good neighbor. Steve Fluger, 6570 125t` Street North, said Rhodes had made it obvious that it was an expansion of use. Fluger said there was a halo caused by lights and that the density of air is heaver in the evening, and the gunshots (noise) travels further. He also said his neighbors were not there because they have a financial interest or other ties to the club. Lopes said the prevailing view of the neighborhood is that dealing with the City was a waste of time, and their perception was that the Council does not listen. Brian Esch, 12791 Greystone Avenue North, said there was increased activity when the lights are on. Snyder asked if the lights increased the amount of shooting or just the time of shooting. There were no other comments and Schumann closed the public hearing. Brunotte pointed out that he was not a member of the club. Brunotte said he does not feel the club has expanded. They could shoot until 8 o'clock by headlights and some clubs use white clay pigeons to shoot at night. Puleo stated that he was a member of BESA, though not a very active one. He said he would not participate in any of the discussion and would abstain from voting on the issue. Schumann said that he was not a hunter, did not own a gun, and was not financially connected in any way to any member of the club. Schumann said he felt there had not been an actual expansion and felt it was a legal and appropriate administrative call. He said it should be passed on to the Council with a recommendation to work out a compromise between BESA and the neighborhood regarding the impact of the lights. Brunotte said he did not see any expansion of use; they have the right to shoot until 8 o'clock whether there are lights or not. Board of Zoning Adjustments Meeting March 24, 2005 - page 5 Schumann referenced the BESA letter and pointed out the parameters in which they operate. He said the City should use those parameters and meet with BESA and the neighbors to work out something agreeable to pass on to the Council. Snyder stated that the City does have the authority to mitigate non -conforming properties. He suggested working within the framework of hours set and determine what, if anything should be done about the lights. He suggested meeting with the neighbors and investigating the particularities of the lights. Schumann made motion, Brunotte seconded, to recommend approval of the resolution denying the administrative appeal with the provision that staff work with the Council, BESA, and neighbors regarding potential mitigation of the impact of the lights on the neighbors with the hours established in the CUP. Ayes: Brunotte, Schumann Abstain: Puleo Motion carried. Adjournment Brunotte made motion, Puleo seconded, to adjourn at 8:12 p.m. All Ayes. Motion carried. Michele Lindau, Secretary Board of Zoning Adjustments