The plaintiff bought a 20-acre rural tract that was zoned for agricultural use. The plaintiff built a fenced-in arena on the tract for horseback-mounted shooting events and began holding trainings and competitions. Upon receiving complaints, the zoning department investigated and determined the property usage was a nonconforming use. The plaintiff applied for a conditional use permit (CUP), and the planning commission recommended a conditional CUP. However, the township board denied the CUP due to negative impact and noise. The planning commission sought public comment at a public hearing, and the zoning department filed a report recommending a CUP with conditions. Neighbors provided negative testimony at the hearing. The county board denied the CUP and the plaintiff sought judicial relief. The court upheld the board's denial based on the impact the plaintiff's activities would have on the neighborhood and criteria listed in the county zoning ordinances. The court determined there was sufficient factual basis to deny the CUP and that the effect of noise could be considered even though it did not exceed noise standards. The court also held that the board was authorized to rely on observations of individual neighbors. August v. Chisago County Board of Supervisors, No. A14-1475, 2015 Minn. App. LEXIS 63 (Minn. Ct. App. Aug. 17, 2015).
No Conditional Use Permit For Mounted Shooting Events.
Date of decision:
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