ITEM 4.3 Moriarty FirearmsOtsTY F o
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT REQUESTOR:
MEETING DATE:
Planning City Planner Licht
25 September 2017
PRESENTER(s) REVIEWED BY:
ITEM #:
City Planner Licht
4.3 — Moriarty Firearms
AGENDA ITEM DETAILS
RECOMMENDATION:
The Administrative Subcommittee recommends no change to the No Discharge Map approved by the City
Council.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
Mr. Paul Moriarty owns the property at 10940 95th Street consisting of three parcels totaling 25.88 acres,
which he acquired in December 2011. The property is located between the Island View Estates subdivision
and Riverwood Inn and Conference Center. There is also a parcel developed with a single family lot and an
undeveloped parcel to the south. The property is included in the No Discharge Zone designated in
accordance with Section 5-2-7 of the City Code. Mr. Moriarty is requesting the City Council exempt the
property from the No Discharge Zone.
The No Discharge Zone is established to protect public health safety and welfare regulate the use of
firearms within urban or suburban areas of Otsego. The subject site was included in the No Discharge
Zone due to proximity of adjacent residential lots and the Riverwood Inn. A Firearm is defined by the City
Code as any device that discharges a single projectile by explosive action or spring, elastic band, or
pressurized gas, and includes shotguns, rifles, pistols, bows, and crossbows. Use of firearms is prohibited
except for uses provided for by Section 5-2-3 of the City Code. Modifications to the No Discharge Map are
subject to review and approval of the City Council.
The Moriarty property and Riverwood Inn were not included in the No Discharge Zone prior to 2010. After
2010 and including the current No Discharge Zone map, The area east of Island View Estates up to the east
property line of Riverwood Inn has been included in the No Discharge Zone. Mr. Moriarty wishes to hunt
waterfowl, turkey, deer and possibly small game like rabbits on his property. The kind of firearms Mr.
Moriarty would intend to uses would primarily be 12 and 20 gauge shotguns, .22 rimfire riles, and archery.
Section 5-2-3 of the City Code would not allow hunting upon the property with shotguns or rifles, but an
archery permit may be obtained at no cost subject to Section 5-2-31 of the City Code.
If the property were not included in the No Discharge Zone, hunting by firearm would be allowed subject to
a minimum 500 foot separation distance from any buildings on adjacent properties unless the hunter
carries written permission from the abutting property owner on their person. The attached map indicates
a 500 foot buffer from the lot lines of the abutting residential properties and Riverwood Inn property
adjacent to the Moriarty property. The buffered area shown on the map is overstated given that the
Dear Council Members,
I am writing to the City Council in hopes that they would consider a boundary revision to exclude
two adjoining parcels that I own from the "No Discharge Zone for the purpose of hunting with firearms
in a safe and responsible manner. In 2009 and prior, these parcels were not included in the "No
Discharge Zone" as shown on the attached map. Also, please note that these parcels are roughly 80 feet
lower in elevation from the surrounding area/population which will act as a natural back-stop/buffer
providing additional safety when a firearm is discharged. All Federal, State and City codes 5-2-4 will be
followed.
The properties are located at 10830 95th St. N.E. and 10940 95th St. N.E.
Thank you for your consideration in this matter,
Paul Moriarty
793-439-9178
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