mischi_punk
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- Aug 2, 2004
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http://www.journalstar.com/articles/2006/03/18/top_story/doc441b6e91c0d0c444114166.txt
Two families with land off West Branched Oak Road found their ideas about recreation completely at odds this week. Standing on his new motocross track, Pat Thomas sighed in disgust at hearing of neighbors complaints and tried not to curse in front of his nephews, who were jumping their bikes nearby.
It’s his dream, Thomas said, to build a place where he can ride with his family. His new track one mile north of James Arthur Vineyards was built “just for the little guys.”
But from their home less than 200 yards away, Gene and Trish Petersen spent the past week calling officials they hope will put an end to the track.
And Trish Petersen’s jaw was equally clenched as she spoke of her love of the quiet rural life.
“This is our dream home,” she said. “We put our blood, sweat and tears into it. This is something my husband wanted his whole life."
The noise carries across the section, said the Petersens and other neighbors. “It’s unbelievable,” Trish Petersen said. “You just can’t be outside. You can’t have your windows open.”
And the dispute has made both parties wonder if this might be “another Denton” — in the exact words of the Petersens and Thomas.
Last April, Lancaster County District Judge Steven Burns ruled that Dr. David Samani could keep a motocross track near Denton as long as only family and friends used the site.
It’s a ruling that the Petersens fear could keep the track in place. It’s a ruling that has Thomas worried about how much money he might spend defending his track.
“Agricultural zoning laws are not real specific and they do not prohibit this kind of thing,” said Gene Petersen. “What is different about this is the quantity of their activity and the proximity to our house.”
The Petersens say they spend 90 percent of their free time outside on their 22 acres. The couple and three children from prior marriages care for horses and a flock of chicken, ducks, and two peacocks.
They also belong to Wachiska Audubon and encourage wildlife by planting native grasses and food-bearing trees.
“This could happen to anybody,” Trish Petersen said. “If there is a piece of property for sale in your neighborhood, watch out. The people in Lancaster County need to wake up and realize we have very little to protect us.”
The Petersens said the noise continues all day on the weekends.
“This is not agricultural. It’s clear he specifically purchased this place for recreation,” Gene Petersen said.
County commissioner Larry Hudkins said Thomas was probably not doing anything illegal, despite the agricultural zoning.
“If he’s the owner and he wants to ride his own vehicles with his friends and family, if he has more than 20 acres and is not using it for commercial use,” he said. “To my knowledge, they are not breaking any laws.”
Mike Merwick, director of the City of Lincoln Department of Building and Safety, said he will visit the site this week. He declined to say what could happen if he finds the track to be noncompliant with zoning.
“The court has said that tracks used for family and friends are permissable,” Merwick said. “I don’t know if that is case law, but that is what the judge said.”
About 13 homes are on the section where the track is located, said other neighbors who also complained when they were contacted.
“It’s pretty noisy even across the fields,” said James Unverferth, who lives to the southwest of the track. “We can hear it real well.”
He was concerned property values could drop, especially for homes close to the site.
“You move out to the country with this expectation of peace and quiet and enjoying nature,” he said. “But instead it seems like if you move out into the county, you can do whatever you want.”
The track isn’t a problem for John Judds, who is selling Thomas about 54 acres of land along with the track area. Most lies in a floodplain. The land was being leased by a Ceresco farmer for use as a cornfield.
“I’m not going to tell my neighbors how to live their life,” Judds said. “It’s a family that likes to have fun together. I say more power to them.”
The track covers at least an acre and has raised berms and jumps. Thomas also runs ATVs and motocross bikes along a path running beside a creek.
But he maintains that he built the track for his family, especially nephews Thomas, 6; Charlie, 4; and Joe, who is only 2 but already rides on his father Larry Iburg’s lap.
“We’re out here anytime I can,” Larry Iburg said. “This is our sport. You have a love for it and a passion for it and if you have a little boy, that’s all he thinks about.”
Thomas and the Petersens both said their years of hard work to buy their property have resulted in nothing but headaches for the past month.
“We are very depressed. This is very intrusive into our lives,” said Gene Petersen. “If we can’t do anything, I don’t know how much longer we can stay here.”
Thomas said he considered the complaints to be harassment.
“It’s just a disaster,” he said. “I will not put up with this much longer.”
Reach Kendra Waltke at (402) 473-7303 or [email protected].
Two families with land off West Branched Oak Road found their ideas about recreation completely at odds this week. Standing on his new motocross track, Pat Thomas sighed in disgust at hearing of neighbors complaints and tried not to curse in front of his nephews, who were jumping their bikes nearby.
It’s his dream, Thomas said, to build a place where he can ride with his family. His new track one mile north of James Arthur Vineyards was built “just for the little guys.”
But from their home less than 200 yards away, Gene and Trish Petersen spent the past week calling officials they hope will put an end to the track.
And Trish Petersen’s jaw was equally clenched as she spoke of her love of the quiet rural life.
“This is our dream home,” she said. “We put our blood, sweat and tears into it. This is something my husband wanted his whole life."
The noise carries across the section, said the Petersens and other neighbors. “It’s unbelievable,” Trish Petersen said. “You just can’t be outside. You can’t have your windows open.”
And the dispute has made both parties wonder if this might be “another Denton” — in the exact words of the Petersens and Thomas.
Last April, Lancaster County District Judge Steven Burns ruled that Dr. David Samani could keep a motocross track near Denton as long as only family and friends used the site.
It’s a ruling that the Petersens fear could keep the track in place. It’s a ruling that has Thomas worried about how much money he might spend defending his track.
“Agricultural zoning laws are not real specific and they do not prohibit this kind of thing,” said Gene Petersen. “What is different about this is the quantity of their activity and the proximity to our house.”
The Petersens say they spend 90 percent of their free time outside on their 22 acres. The couple and three children from prior marriages care for horses and a flock of chicken, ducks, and two peacocks.
They also belong to Wachiska Audubon and encourage wildlife by planting native grasses and food-bearing trees.
“This could happen to anybody,” Trish Petersen said. “If there is a piece of property for sale in your neighborhood, watch out. The people in Lancaster County need to wake up and realize we have very little to protect us.”
The Petersens said the noise continues all day on the weekends.
“This is not agricultural. It’s clear he specifically purchased this place for recreation,” Gene Petersen said.
County commissioner Larry Hudkins said Thomas was probably not doing anything illegal, despite the agricultural zoning.
“If he’s the owner and he wants to ride his own vehicles with his friends and family, if he has more than 20 acres and is not using it for commercial use,” he said. “To my knowledge, they are not breaking any laws.”
Mike Merwick, director of the City of Lincoln Department of Building and Safety, said he will visit the site this week. He declined to say what could happen if he finds the track to be noncompliant with zoning.
“The court has said that tracks used for family and friends are permissable,” Merwick said. “I don’t know if that is case law, but that is what the judge said.”
About 13 homes are on the section where the track is located, said other neighbors who also complained when they were contacted.
“It’s pretty noisy even across the fields,” said James Unverferth, who lives to the southwest of the track. “We can hear it real well.”
He was concerned property values could drop, especially for homes close to the site.
“You move out to the country with this expectation of peace and quiet and enjoying nature,” he said. “But instead it seems like if you move out into the county, you can do whatever you want.”
The track isn’t a problem for John Judds, who is selling Thomas about 54 acres of land along with the track area. Most lies in a floodplain. The land was being leased by a Ceresco farmer for use as a cornfield.
“I’m not going to tell my neighbors how to live their life,” Judds said. “It’s a family that likes to have fun together. I say more power to them.”
The track covers at least an acre and has raised berms and jumps. Thomas also runs ATVs and motocross bikes along a path running beside a creek.
But he maintains that he built the track for his family, especially nephews Thomas, 6; Charlie, 4; and Joe, who is only 2 but already rides on his father Larry Iburg’s lap.
“We’re out here anytime I can,” Larry Iburg said. “This is our sport. You have a love for it and a passion for it and if you have a little boy, that’s all he thinks about.”
Thomas and the Petersens both said their years of hard work to buy their property have resulted in nothing but headaches for the past month.
“We are very depressed. This is very intrusive into our lives,” said Gene Petersen. “If we can’t do anything, I don’t know how much longer we can stay here.”
Thomas said he considered the complaints to be harassment.
“It’s just a disaster,” he said. “I will not put up with this much longer.”
Reach Kendra Waltke at (402) 473-7303 or [email protected].
