By James Shea
Times-News Staff Writer
The owner of a motocross track in Mountain Home plans to appeal
Henderson County’s decision to revoke its permit to operate.
Andy Bennett owns the 18-acre motocross track. He bought the property
in 2001 and opened the Mountain Home Motor Cross Track. Bennett said
he did not have a problem with the track for the first two years, but
has been in a constant legal battle with the county ever since.
The latest incident occurred Oct. 12, when the Henderson County
Sheriff’s Office received complaints about the track operating after
hours. Under the terms of Bennett’s special-use permit, the track
could not operate after 6 p.m. on Sundays. Sheriff’s deputies
investigated the complaints, and after consulting with legal staff,
the county decided to revoke the special-use permit.
The county also says Bennett operated the track more than three times
in one week, another violation of the permit.
Bennett appealed the decision to the Henderson County Zoning Board of
Adjustment. The board upheld the county’s decision last week.
“I am going to appeal it to court,” Bennett said. “It was wrong. I am
going to get the track back open. My public hearing was a sham.”
Bennett admitted that motor bikes were on the track after 6 on a
Sunday evening, but only for a few minutes. He said he lets adults and
youth ride on the track. At 5:45, Bennett got the adult motor biker
riders off the track and let the youth on the track for a few laps.
“At a couple minutes past six, I flagged them but a few passed me,”
Bennett said.
He said he eventually got the young bikers off the track.
“One time I went a couple minutes past 6,” he said. “There was never =
a
violation. ... It was enough to be a violation, but it was not a
violation.”
Sheriff’s Office records contradict the track owner. According to the
operations log from that day, a deputy reported “noise is still going
on ... and they have not stopped at all per ordinance” at 6:30 p.m.
As far as the other violation, Bennett said he never ran the track
more than three times in a week. He said people ride motor bikes on an
adjacent property.
“It’s their property, and they can ride on it,” Bennett said. “Peop=
le
think they are riding on my track.”
A positive asset
Bennett has been battling over the track with his neighbors for years,
but continues the fight because he believes the place is a positive
asset to the community.
“There are just a handful of people who don’t want there to be
anything for kids in Henderson County to do,” Bennett said.
Before the land development code was adopted in 2007, the property was
zoned industrial and Bennett needed a permit. He battled with the
county over the permit and a case eventually ended up in court.
Bennett said his attorney, Michael Edney, found a loophole that
enabled him open the track as an amusement park.
When the county passed the land development code, Bennett was required
to get a special-use permit. A hearing was held in May, and six
conditions were placed on the permit, including the hours of operation
and the number of days a week the track could operate.
On Nov 28, 7:05 am, edi...@mxnewsfeed.com wrote:
> By James Shea
> Times-News Staff Writer
> The owner of a motocross track in Mountain Home plans to appeal
> Henderson County’s decision to revoke its permit to operate.
> Andy Bennett owns the 18-acre motocross track. He bought the property
> in 2001 and opened the Mountain Home Motor Cross Track. Bennett said
> he did not have a problem with the track for the first two years, but
> has been in a constant legal battle with the county ever since.
> The latest incident occurred Oct. 12, when the Henderson County
> Sheriff’s Office received complaints about the track operating after
> hours. Under the terms of Bennett’s special-use permit, the track
> could not operate after 6 p.m. on Sundays. Sheriff’s deputies
> investigated the complaints, and after consulting with legal staff,
> the county decided to revoke the special-use permit.
> The county also says Bennett operated the track more than three times
> in one week, another violation of the permit.
> Bennett appealed the decision to the Henderson County Zoning Board of
> Adjustment. The board upheld the county’s decision last week.
> “I am going to appeal it to court,” Bennett said. “It was wrong. I am
> going to get the track back open. My public hearing was a sham.”
> Bennett admitted that motor bikes were on the track after 6 on a
> Sunday evening, but only for a few minutes. He said he lets adults and
> youth ride on the track. At 5:45, Bennett got the adult motor biker
> riders off the track and let the youth on the track for a few laps.
> “At a couple minutes past six, I flagged them but a few passed me,”
> Bennett said.
> He said he eventually got the young bikers off the track.
> “One time I went a couple minutes past 6,” he said. “There was never a
> violation. ... It was enough to be a violation, but it was not a
> violation.”
> Sheriff’s Office records contradict the track owner. According to the
> operations log from that day, a deputy reported “noise is still going
> on ... and they have not stopped at all per ordinance” at 6:30 p.m.
> As far as the other violation, Bennett said he never ran the track
> more than three times in a week. He said people ride motor bikes on an
> adjacent property.
> “It’s their property, and they can ride on it,” Bennett said. “People
> think they are riding on my track.”
> A positive asset
> Bennett has been battling over the track with his neighbors for years,
> but continues the fight because he believes the place is a positive
> asset to the community.
> “There are just a handful of people who don’t want there to be
> anything for kids in Henderson County to do,” Bennett said.
> Before the land development code was adopted in 2007, the property was
> zoned industrial and Bennett needed a permit. He battled with the
> county over the permit and a case eventually ended up in court.
> Bennett said his attorney, Michael Edney, found a loophole that
> enabled him open the track as an amusement park.
> When the county passed the land development code, Bennett was required
> to get a special-use permit. A hearing was held in May, and six
> conditions were placed on the permit, including the hours of operation
> and the number of days a week the track could operate.
A good attorney should beat that one. Oh sorry, good attorney is an
oxymoron.
This passage of Land Development Code after the track is already
established is a classic hardship of pre-existing nonconforming use.
He shouldn't even need the special use permit, so any alleged
violation of said permit should be a moot point.
YEFD
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> Times-News Staff Writer
> The owner of a motocross track in Mountain Home plans to appeal
> Henderson County’s decision to revoke its permit to operate.
> Andy Bennett owns the 18-acre motocross track. He bought the property
> in 2001 and opened the Mountain Home Motor Cross Track. Bennett said
> he did not have a problem with the track for the first two years, but
> has been in a constant legal battle with the county ever since.
> The latest incident occurred Oct. 12, when the Henderson County
> Sheriff’s Office received complaints about the track operating after
> hours. Under the terms of Bennett’s special-use permit, the track
> could not operate after 6 p.m. on Sundays. Sheriff’s deputies
> investigated the complaints, and after consulting with legal staff,
> the county decided to revoke the special-use permit.
> The county also says Bennett operated the track more than three times
> in one week, another violation of the permit.
> Bennett appealed the decision to the Henderson County Zoning Board of
> Adjustment. The board upheld the county’s decision last week.
> “I am going to appeal it to court,” Bennett said. “It was wrong. I am
> going to get the track back open. My public hearing was a sham.”
> Bennett admitted that motor bikes were on the track after 6 on a
> Sunday evening, but only for a few minutes. He said he lets adults and
> youth ride on the track. At 5:45, Bennett got the adult motor biker
> riders off the track and let the youth on the track for a few laps.
> “At a couple minutes past six, I flagged them but a few passed me,”
> Bennett said.
> He said he eventually got the young bikers off the track.
> “One time I went a couple minutes past 6,” he said. “There was never a
> violation. ... It was enough to be a violation, but it was not a
> violation.”
> Sheriff’s Office records contradict the track owner. According to the
> operations log from that day, a deputy reported “noise is still going
> on ... and they have not stopped at all per ordinance” at 6:30 p.m.
> As far as the other violation, Bennett said he never ran the track
> more than three times in a week. He said people ride motor bikes on an
> adjacent property.
> “It’s their property, and they can ride on it,” Bennett said. “People
> think they are riding on my track.”
> A positive asset
> Bennett has been battling over the track with his neighbors for years,
> but continues the fight because he believes the place is a positive
> asset to the community.
> “There are just a handful of people who don’t want there to be
> anything for kids in Henderson County to do,” Bennett said.
> Before the land development code was adopted in 2007, the property was
> zoned industrial and Bennett needed a permit. He battled with the
> county over the permit and a case eventually ended up in court.
> Bennett said his attorney, Michael Edney, found a loophole that
> enabled him open the track as an amusement park.
> When the county passed the land development code, Bennett was required
> to get a special-use permit. A hearing was held in May, and six
> conditions were placed on the permit, including the hours of operation
> and the number of days a week the track could operate.