Minutes of the Dodge County
PLANNING COMMISSION SPECIAL MEETING
October 8, 2014
The special meeting of the Planning Commission was called to order by Richard
Wolf at 7:05 PM on Wednesday, October 8, 2014. Present were Planning
Commission members Richard Wolf, Harlan Buck, Jon Balzum, Galen Johnson,
Walter Wyttenbach, and Darren Durst. Also present were County Commissioner
Steve Gray, and Zoning Administrator, Melissa DeVetter.
Motion by Darren Durst, seconded by Walter Wyttenbach, to approve the agenda
and the September 3, 2014 minutes. Motion passed unanimously.
Dylan McDonah – IUP#14-02
The first public hearing is to consider an application for an Interim Use Permit to
establish a dwelling on less than 53 acres in the Agricultural District. The proposed
parcel will be a split of 3 acres from an 80 acres parcel located in the E ½ of the SE
¼ of Section 4, Vernon Township. Dylan McDonah is the applicant and Eastlee
Family Farms, LLC / Allan Eastlee is the property owner.
Dylan McDonah was present to explain this proposal. The plan is to purchase 3
acres from Al Eastlee to build a house for his family. The house will be a ranch style
house with a basement.
Melissa DeVetter stated they have adequate acres for a dwelling. The closest
feedlot is over a ½ mile away so this site will meet the 1000’ setback requirement for
an expansion of a feedlot if needed. The County Hwy Engineer did comment that
there are a number of accesses in the area. When they acquire a permit they will
require that the driveway to be directly across the road from the field drive.
Richard Wolf inquired where the driveway is shown on the map, if that was straight
across from the field driveway.
Melissa DeVetter stated no, they would have to move it a little.
Motion by Galen Johnson, seconded by Darren Durst, to close the public hearing.
Motion passed unanimously.
Galen Johnson inquired if Mr. McDonah would have an issue with placing the
driveway across from the existing field driveway.
Dylan McDonah stated no there would not be.
Galen Johnson inquired if there was a well currently there.
Dylan McDonah indicated no.
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Galen Johnson inquired what the relation was with this property. Is it a relative?
Dylan McDonah stated that it’s his wife grandfather’s land.
Melissa DeVetter stated that a survey will have to be done prior to the zoning
permits issuance. All the standard conditions apply.
Galen Johnson inquired where Mr. McDonah currently lives.
Dylan McDonah stated that they currently live in the house just to the east of the
proposed location.
Motion by Galen Johnson, seconded by Walter Wyttenbach, to recommend approval
of the Findings of Facts and Recommendations of the agenda report with the
following conditions: (The permittee is put on notice that the violation of any of the
conditions of the CUP may result in termination of the permit.
1. The Ag Covenant shall be recorded prior to issuance of the Zoning Permit.
2. The survey and split shall be completed prior to issuance of the Zoning
Permit.
3. Dodge County Zoning Permit shall be obtained before construction.
4. The sewage treatment system must meet the requirements of Dodge
County's Subsurface Sewage Treatment Ordinance No. 4. A Dodge County
Sewage Treatment System shall be obtained prior to issuance of the Zoning
Permit.
5. An access/driveway permit shall be obtained from the Dodge County Highway
Department and all conditions or requirements of the Highway Department
shall be met.
6. An address shall be obtained from the Dodge County Highway Department.
Motion passed unanimously.
Steve Garness –IUP#14-03
The second public hearing is to consider an application for an Interim Use Permit to
establish a dwelling on less than 53 acres in the Agricultural District. The proposed
parcel will be a split of 4.8 acres from a 21 acres parcel located in the W ½ of the NE
¼ of Section 21, Wasioja Township. Steve Garness is the applicant and the property
owner.
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Steve and Shari Garness were present to explain this proposal. They want to keep
the right to build a dwelling on this parcel. They are not sure if they or their son will
build on this parcel.
Melissa DeVetter stated that this has been permitted two separate times already.
The closest feedlot is over 1000’ away. There is already an access on site and trees
have been planted. The only thing that has not been established is the sewage
treatment system and the house itself.
Larry Scherger, Wasioja Township has no objections to this proposal.
Motion by Harlan Buck to recommend approval with the Conditions on page 8 of 8.
Motion die for a lack of a second.
Motion by Harlan Buck, seconded by Darren Durst, to close the public hearing.
Motion passed unanimously.
Galen Johnson inquired how many years has this been approved.
Melissa DeVetter stated that there have already been two permits issued with a one
year extension on both. This is the beginning of the third. There were permits issued
in 2010 extended in 2011, in 2012 extended in 2013 which expired in July of 2014
and so now they are back again.
Galen Johnson inquired if there was a limit in how many times you could have one.
Melissa DeVetter stated no.
Richard Wolf inquired if this permit will keep this quarter section open.
Melissa DeVetter stated that it will allow Mr. Garness to build, however it is closed
for anyone else.
Steve Garness inquired if he could build a shed to satisfying it.
Melissa DeVetter stated no you have to start the dwelling or part of the foundation or
footing. However, to get the zoning permit you would have to have a septic permit
into the office.
Motion by Walter Wyttenbach, seconded by Galen Johnson, to recommend approval
of the Findings of Facts and Recommendations of the agenda report with the
following conditions: (The permittee is put on notice that the violation of any of the
conditions of the CUP may result in termination of the permit.
1. The Ag Covenant shall be signed and recorded prior to issuance of the
Zoning Permit.
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2. Dodge County Zoning Permit shall be obtained before construction.
3. The sewage treatment system must meet the requirements of Dodge
County's Subsurface Sewage Treatment Ordinance No. 4. A Dodge County
Sewage Treatment System shall be obtained prior to issuance of the Zoning
Permit.
Motion passed unanimously.
Rod Garness – IPU#14-04
The third public hearing is to consider an application for an Interim Use Permit to
establish a dwelling on less than 53 acres in the Agricultural District. The parcel is
6.2 acres parcel located in the NE ¼ of the NW ¼ of Section 23, Westfield
Township. Rod Garness is the applicant and the property owner.
Anthony Garness was present to explain this proposal. The plan is to put a trailer
house in the SW corner of the property.
Melissa DeVetter stated that this is a little bit different than the previous two; there is
a feedlot that is within the 1000’ setback, however, it is the applicants own feedlot
and there is not a setback requirement for that. This one is located within the Cedar
River Watershed District and the applicant is informed that they need to contact the
Cedar River Watershed District for any additional permits that maybe required. This
site has an existing well that serves the nursery barn and they plan to use it. There is
an existing access off of Hwy 30 however; they will need a sewage treatment system
and a zoning permit prior to the placement of a trailer on the parcel.
Richard Wolf inquires if the applicant did meet with the Westfield Township.
Anthony Garness stated yes, his dad did meet with them.
Harlan Buck inquired if he knew what the Westfield Township said.
Anthony Garness stated that he didn’t know.
Motion by Harlan Buck, seconded by Darren Durst, to close the public hearing.
Motion passed unanimously.
Galen Johnson inquired if there was going to be a split.
Anthony Garness stated no.
Motion by Harlan Buck, seconded by Walter Wyttenbach, to recommend approval of
the Findings of Facts and Recommendations of the agenda report with the following
conditions: (The permittee is put on notice that the violation of any of the conditions
of the CUP may result in termination of the permit.
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1. The Ag Covenant shall be recorded prior to issuance of the Zoning Permit.
2. Dodge County Zoning Permit shall be obtained before construction.
3. The sewage treatment system must meet the requirements of Dodge
County's Subsurface Sewage Treatment Ordinance No. 4. A Dodge County
Sewage Treatment System shall be obtained prior to issuance of the Zoning
Permit.
4. When required, the applicant will provide a copy of any permit from the Cedar
River Watershed District on file with a copy of the IUP.
Motion passed unanimously.
Canisteo Solar, LLC – CUP#14-07
The fourth public hearing is to consider an application for a Conditional Use Permit
to allow a Solar Energy Farm in the Ag District. The parcel is 40.1 acres located in
the SW ¼ of the SW ¼ of Section 10, Ashland Township. Canisteo Solar, LLC is the
applicant and GM, LLC is the property owner.
Garwin McNeilus was present to explain this proposal. The plan is to build a 1 MW
solar farm. This farm will tie into the existing infrastructure.
Melissa DeVetter stated that as Mr. McNeilus has said it’s a 1.048 MW solar energy
farm. The language for this use was added to the Zoning Ordinance at last month’s
meeting. The Solar Farm will use the existing infrastructure that is in place. Since it
is near the Dodge Center Airport zone they were asked to submit a Solar Glare
Hazard Assessment tool to analyze the possibility of glint and glare for aircraft
coming to and from the airport. They did an analysis and MnDot did review the
report. MnDot has indicated that there is a low potential and they believe it would be
compatible to the airport use. MnDot requested that it be recommended that they
use this analysis for the final design of the facility. This is listed as condition #6 of the
Conditional Use Permit. This is the first solar farm permitted in the county. One of
the other issues is a wetland that is located in the SE corner of the property. If the
applicant is disturbing more than one acre of land than they will have to get a
Stormwater Pollution Permit from the Pollution Control Agency. There is mapped
Floodplain that is associated with the water course to the southeast. Ms. DeVetter
stated that from other sites that she has toured, once the site is completed they are
pretty low maintenance. A decommissioning plan is required with a restoration
bond.
Richard Wolf inquired if Mr. McNeilus meet with Ashland Township.
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Garwin McNeilus indicated yes.
Motion by Walter Wyttenbach, seconded by Jon Balzum, to close the public hearing.
Motion passed unanimously.
Galen Johnson requested a clarification of condition #6.
Melissa DeVetter stated that it’s based upon what was put into this model by using
the SGHAT tool. They want to make sure that what information is put in is used in
the final design of the solar farm. They want to make sure that it doesn’t change and
that it stays the same as submitted.
Galen Johnson inquired if the decommissioning and bond language was already the
ordinance.
Melissa DeVetter stated yes, it’s in Section 16.46.3 of the Dodge County Zoning
Ordinance and it cover everything that is included in decommissioning and what the
amount should be to put up for the bond.
Motion by Galen Johnson, seconded by Walter Wyttenbach, to recommend approval
of the Findings of Facts and Recommendations of the agenda report with the
following conditions: (The permittee is put on notice that the violation of any of the
conditions of the CUP may result in termination of the permit.
1. Dodge County Zoning Permit shall be obtained before construction.
2. Operation will comply with all local, state, and federal regulation regarding the
use and activities performed on site.
3. Any change involving the enlargement, intensification or expansion of the use
or similar changes not specifically permitted by the CUP shall require an
amended CUP to be issued by the County Board.
4. The use shall comply with Section 17.19 (Nuisance Standards). Nuisance
complaints shall result in review of the CUP by the Planning Commission.
5. The permittee shall obtain the appropriate stormwater permit from MPCA. A
copy of the permit and Stormwater Pollution Prevention Plan (SWPPP) shall
be on file with the CUP in the Environmental Services Office. The name and
phone number of the individual responsible for installation, maintenance and
monitoring of the stormwater practices shall be provided to the Department.
6. The design of the facility must be the same as that used in the Solar Glare
Hazard analysis, and the final design of the facility meet the criteria using the
SGHAT tool.
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7. The applicant shall identify wetlands on site so they are adequately protected
during construction and shall fully comply with the Minnesota Wetland
Conservation Act (WCA) rules.
8. The solar farm shall meet the Performance Standards of Section 16.46.2 of
the Dodge County Zoning Ordinance.
9. A Decommissioning Plan including financial assurance which complies with
Section 16.46.3 of the Dodge County Zoning Ordinance shall be submitted to
the Environmental Services Department to be on file with the CUP. Dodge
County shall be the holder of the required decommissioning performance
bond or escrow account.
Motion passed unanimously.
Richard Wolf called for a recess to allow time for the Planning Commission to read
the letters that have been submitted prior to the meeting.
Richard Wolf called the meeting to order after a 15 minute recess.
Byron Sportsmen Club & Conservation – CUP#14-06
The fifth public hearing is to consider an application for a Conditional Use Permit to
allow an expansion of an existing gun club and including the addition of a new
shooting range in the Ag district. There are five parcels that are included in this
expansion that total approximately 114.59 acres. Three parcels totaling 84.85 acres
are located in the SW ¼ of Section 13 and two parcels totaling 29.74 acres are
located in the SE ¼ of Section 14, Mantorville Township. Joseph Hensel is the
applicant and Byron Sportsmen & Conservation Club is the property owner.
Joe Hensel was presented to explain this proposal. There are two primary reasons
for the Conditional Use Permit. The main primary reason is to allow for trap shooting
at the existing location with recognizing that a re-alignment of the trap house will be
necessary. There is a need and strong support for trap shooting especially for high
school trap league. The Byron High Trap Shooting league would like to shoot at the
Byron Sportsmen Club rather than continuing their shooting activates at the Pine
Island Club, which is a longer drive for their members. There is a need and it is one
of the fastest growing youth sports. They started the permitting process last winter.
They have met with the Planning staff on a couple of occasion, Mantorville Township
and had an open house with invitations sent to over 60 of their neighbors. They
have hired an attorney to work on vacation of the Stipulation Agreement that
currently limits what they can do on their property. County staff has conducted a very
thorough analysis and the findings are complete from their point of view. They do
have an opportunity for a State cost sharing grant for the trap range development
contingent on a Conditional Use Permit approval. They agree with staffs findings and
recommendations and request for Planning Commission’s support and approval.
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Melissa DeVetter stated that she has learned a lot about gun clubs and laws and
regulations pertaining to gun clubs. From the staff view this proposal meets the
criteria for granting the permit and recommends approval. There was a law suit
many years ago about this and they are operating under the Stipulation Agreement
however, since that time the ordinance has changed. The ordinance now allows gun
clubs and accessory structures in the Ag District. The Floodplain provisions do not
allow new structures. Since they have acquired additional land and want to re-enact
the trap range then need to get a Conditional Use Permit.
Kevin Dohrmann, Mantorville Township, stated that they did meet with Bryon Gun
Club and it meets their criteria however, they recommend that they move the
driveway down the hill and widen the driveway to allow two vehicles to meet on it.
Raf Webster, Head Coach for the Byron Trap team, stated that currently they are
shooting in Pine Island. They did this for the spring league and now are doing it for
the fall league. Mr. Webster stated that he brought the idea to the Byron Sportsmen
club members to have a trap field put in. The students will have a shortened driving
distance for their shooting practice.
Richard Wolf inquired how many students now participate.
Raf Webster stated that for the spring league they had 17 and for the fall they now
have 39 students signed up. They have doubled within just 4 months. It is the fastest
growing sport in Minnesota and the safest.
David Messner, President of the Byron Sportsmen Club and also a coach for the
Byron Trap team, stated this field is not just for Byron. It’s for Kasson and Mantorville
and all area schools to come to shoot. There is a need for it.
Richard Wolf inquired how many other schools have trap shooting.
David Messner stated that Pine Island, Kasson, Dodge Center do.
Karly Scherger, neighbor to the gun club, stated that she had 3 big concerns; that it
feels like they are shooting in her backyard, the heavy traffic and the safety for her
small children. The increase in shooting worries her.
Jeff Elstad, Superintendent for Byron Public School, stated he is here to support the
Conditional Use Permit to add a trap shooting range. As it was stated before, it is the
fastest growing sport in Minnesota. This activity supports safety, teamwork, respect
and encompasses many students.
Phil George, Conservation Officer MN DNR, stated that he is a volunteer coach for
the Byron Trap team. The last MN Law session provided some funds to be available
for matching grants and the Byron Sportsmen Club has applied for that. One of the
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requirements is that it has a Conditional Use Permit. All of the participants are
required to have a Firearms Safety Certificate and they get that through the DNR. To
receive the matching grant funds they have to have and existing trap range that they
can make improvement to it. This is not for a new range. The DNR enforcement
division is in support of the Byron High School team.
Tom Niedjelski, stated that his concern are the noise, increase of traffic and water
contaminants, like lead. The noise has a lot of different levels from hand gun, shot
guns and tannerite. Tannerite is a legal explosive and that gun clubs throughout the
country are using to see if they hit their target. On Thursday, September 4th, at
approximately 7:20 pm an explosion went off that shook his house. He called the
sheriff. The sheriff came out and they talked about it. It was considerably louder than
anything else he has ever heard. He has listened to this noise for 25 years.
Road dust is ongoing with any gravel roads. The club can only do so much for the
trash that is dumped along the roads. Mr. Niedjelski stated that he picks up the trash
that is dumped along the road every year. Heavy equipment travels that road all the
time and with the younger generation, they don’t understand the danger that is there.
Water contamination with lead; all of the homes there have their own wells. Some
are not as deep as others and with the run off that they have had this past year they
have a concern. With the increase in use, who will police these conditions to make
sure they are being followed?
David Bartel stated that he lives about a ½ mile away and has been living there for
17 -18 years. A comment was made that the club has been trying to reach out to the
neighbors however, no one has ever reached out to him. Mr. Bartel also has a lot of
the same concerns as what were previously stated. With the club saying that this is
the fastest growing sport; that is a concern. How big is this going to be? This needs
to be given some hard thought. There is other property that is not as close to the
public road that could be considered. The road access should be strongly
discouraged for putting it in the middle of the hill. You will be asking for trouble. The
grade is sufficient and is a blind approach.
Motion by Darren Durst, second by Harlan Buck to submit 5 letter that were received
prior to the meeting into the minutes. Motion passed unanimously.
Motion by Walter Wyttenbach, seconded by Jon Balzum, to close the public hearing.
Motion passed unanimously.
Melissa DeVetter stated that in regards to Tannerite and September 4th; in looking
through our investigation we show that we had no complaints however, after
contacting the sheriff office there were 3 complaints received regarding, or assumed
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to be regarding the Byron Sportsmen Club. The deputies did investigate these
complaints and found that in all 3 cases, they were private individual operating on
their own property and were not associated with the Byron Sportsmen Club. This is
public information and you should contact the Sheriff Office for more information if
needed.
Richard Wolf inquired if the Club uses Tannerite.
Joe Hensel stated that Tannerite is not allowed by the by-laws of the Byron
Sportsmen Club. There is no support by the board to change that.
Galen Johnson inquired about the September 12th if it was investigated.
Melissa DeVetter stated that she also inquired about September 12th. however, it
does not specifically indicate that the sheriff was contacted on that date and the
sheriff had no report that there was a call received on that date. Ms. DeVetter stated
that she does not know if that individual called the Sheriff or if it was another day that
they heard something similar to what they had heard on the 4th.
Galen Johnson clarified that the Sheriff stated says that this product was being used
(although it doesn’t say that it was being on your facility) we assume it was then your
testimony is that it was done illegally.
Melissa DeVetter stated that the Sheriff did not indicate that it was on the Byron
Sportsmen property. They found the individual that did use it and it was on his own
property.
Galen Johnson stated that then in general this product is not allowed.
Joe Hensel stated that it would be a violation of the by-laws.
Melissa DeVetter stated that she asked the Sheriff Deputy what they use the
Tannerite for. The Deputy stated that it is use to make a big bang. It’s used for very,
very, very long rife ranges when it is hard to see the target.
Joe Hensel stated that the by-law say that the shooter cannot use the range, back
stops and targets in anyway other than what it is established for. They could not
even use a balloon and shoot it. They have to use the flat targets or the targets that
are currently established on the back stops. Mr. Hensel stated that he is not aware
of anyone using Tannerite or complaints directed to them for the use or noise of it.
In regards to the comment that mentioned litter; the Byron Sportsmen Club has
adopted 2 miles of Highway 15 from Co Rd 34 going north to the curve. They were
not aware of any litter emanating from their facility and they would be happy to adopt
the township road. They try to be a good neighbor and will surely comply with any
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terms and conditions of the Conditional Use Permit. The foot print of a trap range is
pretty sufficient when you look at ATA or NRA range requirements. As it was pointed
out you can no longer put those types of facilities in the floodplain. A good part of
their land is in the floodplain and so they would not be able to use floodplain for
anything other than space. If you look at the footprint of a trap range the proposal
was to put the trap house up on the hill where the existing trap house is located. The
trap house will have to be re-aligned. The current location is the best locate for the
trap house.
Melissa DeVetter presented an image that staff created to show the zone from the
NRA guide book that show the maximum distance for shot fall of 400 yards.
However, the typically shots will fall half of that distance which is 200 – 300 yards.
DNR’s main concern is that it does not fall on any wetland or water courses and that
it is contained on their property. The original trap range will have to be orientated
more to a north direction.
Galen Johnson stated that from the literature it show the range more to the northeast
is that what the old one was.
Melissa DeVetter stated yes, that was the old one. This one will have to be re-orient
to meet the NRA guide lines for shot fall.
Joe Hensel stated that they do have a registered engineer that is assisting them in
developing the range that will meet the NRA standards.
Galen Johnson stated that if the site was used with it orientated to the NE he could
understand the concerns that the Scherger’s had. The shots would never hit their
place, but the noise would be directed there. Mr. Johnson inquired if the image that
was shown was that what the current proposal is.
Melissa DeVetter stated that was just a staff sketch to figure out the NRA specs for
the trap range and how it could be orientated on the property to insure that shot fall
stays on the property.
Galen Johnson inquired if the Sportsmen club developed a layout.
Joe Hensel stated that they do have a drawing that looks similar to this one. The far
east line of the radius would be closer to the township road but would not encroach
on the township road. They want to use as much of the property as possible due to
the fact that they want two trap houses side by side. The will go through that kind of
analysis to make sure that the shot fall is on their property.
Galen Johnson inquired if the reason for the site not being more north northwest is
because of the evening sun light.
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Joe Hensel stated that the original design was done before his time at the gun club.
He does not know the history.
Galen Johnson inquired why it would not be orientated more to the northwest.
Joe Hensel stated that the compatibility with the other ranges. They would like to be
able to operate the trap range without shutting down the rifle and pistol range. The
more that they encroach on the other ranges, there would be more conflict and down
time. They would have to establish a barrier or wall to would prevent shot to fall on
the other ranges.
Galen Johnson stated that they have heard that there is sufficient property owned by
the conservation club, so why not someplace else? Part of the reason is the
wetlands and other ranges. Have you explored if there was some other spot with
lower topography?
Joe Hensel stated that the wetlands and floodplain is a major limitation of the
property. The topography is also limiting due to the steepness and the side slopes
and the hilly terrain this would not accommodate it. The existing location is the best
location with a slight shift in alignment to move it away from the township road.
Walter Wyttenbach had a concern that if they put in two trap houses it would be
closer to the Scherger property and the township road.
Joe Hensel stated that they would make sure that trap range footprint does not go
on the township right of way. If they have to shift it, they would. As long as the shot
fall stay on their property and they meet the NRA standards.
Walter Wyttenbach had a concern with the noise projecting towards the most
populated area. If you increase the use out there, Mr. Wyttenbach is not sure this is
the right place for it.
Joe Hensel stated that the alternative is to continue to go to Pine Island and other
areas. They would have the same type of problems with neighbor right by. It doesn’t
seem right to them to have their student go to someone else location and doubling
up the amount of shooting being done. They feel that they should support the local
students.
Walter Wyttenbach inquired if there have been complaints.
Joe Hensel stated no complaints that he is aware of any other then the long driving
distances for the students.
Walter Wyttenbach clarified that he thought that there were people in Pine Island
complaining about it.
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Joe Hensel stated no, they just don’t think it fair to have their student drive to Pine
Island and having more wear and tear and use on their facility.
Walter Wyttenbach stated that it’s a totally different area. The Pine Island facility was
put in new in the last couple of years. I don’t think you have the same type of
projectory for noise.
Darren Durst stated that the wind is from the south and it would take the noise up to
the north.
Galen Johnson inquired about the road. Mantorville Township suggested moving the
road to the south. Was that contradictory to what Mr. Bartel thought.
David Bartel stated that there is an old driveway with a gate on top of the hill. Mr.
Bartel thought that he understand that the township wanted to move it farther down
the hill.
Kevin Dohrmann stated that it’s only about 50 yards or so. The hills doesn’t just crest
and go down, if you start down the hill there is a slight leveling of it. If they use the
current driveway and you look to the north you cannot see over the crest. If they
move it down a little bit you can see over the crest that is in the hill. By moving it
down it will give you more site distance.
Galen Johnson inquired if the was just a safety issue, not because of noise.
Kevin Dohrmann stated yes safety concern.
Galen Johnson inquired about applying dust control for safety reasons. Does the
township apply any?
Kevin Dohrmann stated that they do apply in the spring and that it is at the cost of
the property owner. The township is not in favor of chloride because in the winter
time it makes it slippery. Signage could be installed for a blind driveway approach.
With the existing driveway that is there now, you have to make a hard right onto the
property then a hard left. If they did a new location driveway then it would be a
straight shot.
Galen Johnson clarified if Mr. Dohrmann was talking about the facility itself or to
enter the new trap.
Kevin Dohrmann stated the new trap.
Galen Johnson inquired about the hours of use. Currently it is 9 to sunset.
Joe Hensel stated yes, it is 9 to sunset.
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Melissa DeVetter stated that the stipulation agreement they operate under allows
them to shoot from 9 am to 9 pm. It is the gun club rules that they are done at
sunset.
Galen Johnson stated that they are requesting to allow trap shooting to 10 pm.
Joe Hensel stated that would only be for league shooting. When you have 5 people
shooting this will allow them time to finish. They will not be changing the by-laws for
the other ranges.
Galen Johnson inquired how many students could finish in an hour.
Raf Webster stated that it would take approximately 20-25 minutes per round. They
have 5 per station and they each shoot 2 rounds so it’s 50 shoot per night.
Galen Johnson inquired how many times per week do they shoot.
Raf Webster stated once per week. They have 39 kids that go to Pine Island and
they start at 5:30 and are done at 8:30.
Galen Johnson inquired if that was 1 trap.
Raf Webster stated that it is 2 traps.
Richard Wolf inquired if they have a plan on how to handle lead management in
place.
Joe Hensel stated that it is a condition of the CUP that they develop a Range
Management Plan. The EPA has guidelines to harvest lead and it will be done in the
most feasible way. This plan will be submitted to the county as required.
Galen Johnson inquired if this could be mitigated by moving the 2 trap houses to a
northwest orientation and it would be best for safety reason to move the driveway.
Mr. Johnson inquired if an alternation could be reviewed at a later meeting.
Melissa DeVetter stated that this permit needs to be acted on, due to the 60 day
rule. This request has been extended otherwise if not acted on it will be approved by
default.
A motion by Harlan Buck to approve this request with conditions on page 26 of 27
and 27 of 27 of the Findings of Fact. The motion died for a lack of a second.
Galen Johnson had a concern that they didn’t have enough information on the layout
of the trap houses. Mr. Johnson inquired if the Sportsmen club had a drawing of the
location of the trap housed.
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Darren Durst stated that he had a concern about noise and that he didn’t feel that it
was the right spot. The numbers of students double in one year and to put that on
the neighbors is a lot. That road basically goes to nowhere but the traffic that is on
that road is heavy. The driveway is a big issue too.
Melissa DeVetter stated that they do need a Conditional Use Permit. However, it
sounds like the Planning Commission is not in favor of approving the trap range.
What they are doing out there is covered under MN Statute 87.A. So the current
facility is allowed to maintain what it currently there. It appears that what is being
said is that; if they leave the trap range on top of the hill, that is the biggest issue.
Walter Wyttenbach indicated yes. The Sportsmen Club was there before a lot of the
house but, he felt that it is just not the right location for the trap range to be reactivated.
Melissa DeVetter stated that the Byron Sportsmen Club does not want to lose what
they already have in place. When they were seeking to re-activate this trap range
they were also proposing that they would shut down the other ranges at sunset. If
that is not the case then perhaps the hours should revert back to what they are
currently allowed rather than taking that away. The condition could be modified to
allow them to be open as indicted by the Certificate of Occupancy.
Richard Wolf inquired that under those rules what happens if we don’t do anything.
Melissa DeVetter stated that they still need a Conditional Use Permit because of the
additional land that has been acquired. The existing range is already coved under
those rules.
Galen Johnson clarified that it is just because they added land.
Melissa DeVetter stated any expansion of facility is what triggers it.
Galen Johnson inquired that if the trap portion is denied; how soon could the
applicant come back with additional information.
Melissa DeVetter stated that she would have to check in the ordinance.
Richard Wolf inquired if the driveway was for the kids to get to the shooting range.
Joe Hensel stated that it would be for anyone using the trap range. That driveway
would support both trap houses.
Richard Wolf inquired if they already have a trap house there.
Joe Hensel stated yes, there is a structure there. The trap range did operate for a
period in time.
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Galen Johnson stated that if they re-orientate the trap house, then when the
shooters were shooting the muzzle of the gun (for noise reasons) would not be
pointing to the Scherger house.
Joe Hensel stated that they comply with all noise regulations. They will meet all
Statute 87.A and PCA noise regulations.
Richard Wolf inquired if there was an existing driveway to the new trap house.
Joe Hensel stated that there is a field approach there today.
Richard Wolf inquired if that is how they get to the trap house.
Joe Hensel stated that was the initial proposal. They could shift it to meet the
concerns of the township.
Galen Johnson clarified that they currently have not trap shooting at the Sportsmen
club.
Joe Hensel stated that is correct.
Melissa DeVetter stated that if you are only denying the trap range and you are
approving the CUP you are not denying it. If there was a full denial by the Board
then they have 6 months to reapply according to the Dodge County Ordinance.
Galen Johnson stated that if the CUP was approved, but with no trap range then
there would have no time limit. They could come back again with another trap range
proposal.
Melissa DeVetter stated that it doesn’t say that they could not. The Planning
Commission just makes recommendation to the County Board. They are the
deciding Board.
David Bartel wanted a clarification on what Mr. Hensel stated; that they currently do
not have any trap shooting at their club. What about on the leagues on Thursday in
the summer time.
Joe Hensel stated that is sporting clay and that is not trap shooting. It does not
involve a trap house.
Richard Wolf inquired what part of the land on the map was the gun club.
Melissa DeVetter indicated on the map the properties that the gun club owns.
Richard Wolf inquired where the original gun club land was.
Melissa DeVetter indicated on the map.
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Motion by Harlan Buck to adjourn the meeting. Died lack of a second.
Walter Wyttenbach inquired if they bus the kids or do they drive in individual cars.
Raf Webster stated that they car pool, no bussing is done.
Walter Wyttenbach stated that would help the infrastructure, but how it stands now
with the noise and the traffic, he cannot support adding to the traffic and noise
pollution.
Galen Johnson inquired if the Sportsmen club could financially or feasibility reactivate the trap range for only the high school league.
Joe Hensel stated that there would be two reasons that would not be feasible. 1
They would not be eligible for State cost share. The criteria require that they be open
to the public. 2. Their own members would not support the substantial cost that is
involved. The estimate cost is $30,000.00 to $50,000.00 and then it could not be
used by the general public.
Galen Johnson inquired if the Sportsmen Club have explores another area on the
property to locate the trap range.
Joe Hensel stated that they have not done a thorough analysis of the alternatives.
Based on the preliminary review there doesn’t seem to be any other way they could
accommodate that foot print without encroaching on existing facilities or encroaching
on floodplains or wetlands.
Galen Johnson inquired if another range could be moved or reorganized to make
this work.
Joe Hensel stated that the existing ranges are located where they are because the
suitability and the natural protection of topography.
Richard Wolf inquired if the trap range could be pointed out on the map.
Joe Hensel indicated on the map the trap range location. Mr. Hensel also pointed
out the rifle and archery ranges.
Richard Wolf inquired if the trap range could be moved to the north.
Joe Hensel stated then they would be shooting into the river and that is not allowed
nor is it allowed in the floodplain.
Richard Wolf stated that the trap range could not be turned too much because they
would be shooting into the rifle range.
Joe Hensel stated that they would have to shut down the rifle range.
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Galen Johnson inquired if they could move the trap range more to the south.
Joe Hensel stated that he didn’t know why they couldn’t do that.
Melissa DeVetter stated that they would have to meet the required buffer zone that
applies to new ranges.
Galen Johnson inquired if Ms. DeVetter thought the setback would be farther if it
was a new range.
Melissa DeVetter stated that there is a buffer zone under statute that required for
new facilities.
Galen Johnson inquired what the terrain was like farther south on the property.
Darren Durst stated that he thought that it was hillier.
Melissa DeVetter showed the topographic map.
Walter Wyttenbach stated that parking would be an issue. You cannot have parking
on the side or in front of the house.
Galen Johnson inquired if they were to have a 2nd trap house on the west side of the
current one, what would that do with the line of shot to the rifle range?
Joe Hensel stated that the shot fall zone would encroach on the rifle range. They
would have to look at the requirements are as far as shutting down the range versus
continuing the use of the rifle range. It’s pretty remote situation that shot fall would
go that far.
Joe Hensel stated that he believes that the club would not be against moving the
trap house location to the south.
Walter Wyttenbach inquired what are the choices we have here.
Melissa DeVetter stated to approve it or deny it. Byron Sportsmen Club needs a
CUP. If you are not in favor to the trap range then you need to modify what is
approved and modify the appropriate conditions.
Galen Johnson stated if it was moved 50 yards west and 50 yards south. How close
would the projectory be that be to a property line.
Melissa DeVetter inquired whose property line?
Galan Johnson inquired if it would still fall in a legal area.
Melissa DeVetter indicated on the map how the layout would look if it was moved.
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Walter Wyttenbach inquired if they bring the motion forward to except the CUP
without the new trap would you just have to strike recommendation #2 and they
would have to comply with the rest of the conditions. Can they strike part of the
recommendations?
Melissa DeVetter stated that currently they have a Stipulation Agreement that allows
them to operate until 9:00 pm. Right now condition #3 reads that “All other ranges at
the site shall be closed at sunset as indicted by the BSCC Range Rules”; that what
governs the sunset prevision. Condition #3 would have to modify so they don’t lose
what they already have. The hours of the range at the site should be consistent with
the Stipulation agreement. The Stipulation Agreement was court mandated. Dodge
County was directed to issue a Certificate of Occupancy.
Richard Wolf inquired what would happen if BSCC decide to go back to bring more
plans like Mr. Johnson was talking about. Would they have to recess this or does a
vote need to be held?
Melissa DeVetter stated that a decision has to be made by the Board or under State
Statute, the applicants request would be automatically approved. If the Planning
Commission wanted the request to go through as is; then you would take no action.
Richard Wolf inquired if it goes through to the County Board.
Melissa DeVetter stated yes. Ms. DeVetter suggested that the Planning Commission
make a recommendation on it either way and then the County Board will have to
make the decision on it.
Joe Hensel asked for a point of clarification. BSCC came to the County with the
expectation that they could work out some reasonable conditions for the CUP that
would allow them to implement some expansion of their facility. Since #2 is being
proposed to be removed from the CUP an expansion will no longer be the case
however, there are other condition that going to be placed upon them when there is
no change in their operation. It does not seem right.
Walter Wyttenbach stated that he is all for these conditions and felt that will keep the
CUP in place. Why wouldn’t they be required on a CUP?
Motion by Walter Wyttenbach, second by Galen Johnson to recommend approval
CUP for the expansion which included the addition of land associated with the Byron
Sportsman’s Club facility; however, the Planning Commission, did not recommend
approval for the use or reestablishment of the trap range for the high school trap
league and public purposes. In making this recommendation, the Planning
Commission considered the letters received from the nearby property owners as well
as testimony provided at the public hearing. The issues of concern with this site
were the high visibility due to the elevation of the area where the range is located,
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the potential traffic impacts and safety concerns, and the increase in nuisance noise
above and beyond that which currently occurs. Alternatives were also discussed to
the siting. As a result, the Planning Commission recommended the removal of
condition #2 and modification of condition #3 to reflect that the approved hours of
operation that were allowed under the BSCC’s Certificate of Occupancy issued by
Dodge County.
1.
Operation will comply with all local, state, and federal regulation regarding the
use and activities performed on site as well as any permits issued there
under. Modifications or improvements to existing operating ranges shall
comply with Minnesota Statutes 87A and the National Rifle Association’s
Range Sourcebook.
2.
The use of the reactivated trap range and any newly constructed trap, or
other shotgun (clay target) ranges shall be limited to no more than three
nights per week until 10:00 p.m. All range lighting shall be turned off when not
in use for the league events.
32.
The hours of all ranges at the site shall be 9:00 a.m. to 9:00 p.m. in
accordance with the original Certificate of Occupancy issued by Dodge
County. All other ranges at the site shall be closed at sunset as indicted by
the BSCC Range Rules.
43.
The BSCC shall control dust on the adjacent township road near residences,
as directed by Mantorville Township.
54.
All accesses shall be secured when not in use.
65.
The BSCC shall vacate the Stipulation Agreement and the Certificate of
Occupancy shall be terminated.
76.
The BSCC shall develop and implement a lead management which will
include a recovery and recycling program that is site specific to the range
utilizing EPA’s “BMP’s for Lead at Outdoor Shooting Ranges”. The plan
should be completed within 180 days of permit issuance and shall be on file
with a copy of the CUP. Lead shot shall not be allowed to discharge directly
into the watercourses or wetlands
87.
When required, Zoning Permit shall be obtained prior to any construction.
98.
All waste generated on site shall be property disposed of in accordance with
the Dodge County Solid Waste Ordinance and MPCA rules.
109. Parking shall comply with the design requirements of Section 1602.2 and any
County Board requirements.
1110. The BSCC shall comply with Section 17.19 (Nuisance Standards). Nuisance
complaints shall result in review of the CUP by the Planning Commission.
Motion passed unanimously.
Other Business
Melissa DeVetter informed the Planning Commission that we have not received any
applications for the November meeting. No meeting for November. If we do have a
December meeting it will be a day meeting which would be held at 1:00pm.
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Melissa DeVetter informed the Planning Commission that the following term limits
are up at the end of this year; Richard Wolf, Jon Balzum and Walter Wyttenbach.
Melissa DeVetter gave a brief updates on Hallstrom/Jech permit. Skjeveland is still
in violation of his CUP.
Adjourn
Motion by Walter Wyttenbach, seconded by Darren Durst, to adjourn. Motion
passed unanimously. The meeting was adjourned at 10:02 P.M.
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