Posts
19
Joined
1/18/2020
Location
Bellingham, WA
US
Fantasy
3391st
nwmoto131
6/29/2020 5:23pm
6/29/2020 5:23pm
Edited Date/Time
6/18/2021 11:17am
For about 8 years Danny has been caught up with Whatcom County Planning and Code for riding his motorcycle on his own land. The county's concern is there may be wetlands on the property. Despite Danny completing two separate land/site studies by approved geologists the county refuses to back down and demands access to his property to do a site inspection of their own. (They don't like the results of the two studies) Through the freedom of information act Danny has seen emails from Whatcom County Planning Department stating "We will find a way to shut him down". Now after reading that who in their right mind would allow the county access to the property? It's obvious their minds are made up of the outcome they want and have continued this witch hunt to get him. He has tried to work with them by completing the site studies they asked for and completing his court requirements in the forms of probation, fines paid, and community service. It is a massive power grab. He provided two site studies from third party professionals why isn't that enough for them? All I can see is that there is no oversight of this government agency and its a complete abuse of power.
- Danny's Wife Lindsay
https://www.facebook.com/Justice-For-Danny-107991490970568/
https://www.gofundme.com/f/danny-brocker-property-rights-vs-whatcom-cou…
Timeline of events.
All the info to show the BS the county will go through to shut you down. And then throw you in jail.
https://docs.google.com/document/d/1LwqVoR1jTM-IfvNAL-sy5mBgYfvPFhA6vLW…
That is RIDICULOUS!!!!
The Shop
Danny is a professional motocross rider and has been riding on the track for 4-5 years prior the purchase from Mr. Eagerdal, also, Mr. Eagerdal charged many individual riders a fee of $25 dollars or $500 per year to use/ride on the track including Danny.
There are several Aerial Photos of the motocross track dating back from 1975, 1986, 1991, 1995, 2004, 2008, 2010, and 2013.
In 2012, an email from Suzanne Boseman (Senior Planner) for Project Development Services of Whatcom County provides in-part:
“The track is a nonconforming use and as such we will not be regulating it. However, the owner can only use the track for personal use (himself) and with a few of his friends. He needs to be present at the track if others are riding on it. There cannot be a donation box nor any form of advertising for others to use the track. It cannot be used for commercial purposes. Therefore, events cannot be held at this location either. He cannot accept money or charge a fee to use the track.”
So they want him to not use the track as a public track? Because in the article it says he can ride on it.
system, archived micro-fiche records and other available records. The following evidence was
gathered in support of the administrative determination:
• Whatcom County Sheriff's Office, Incident Report #14A01691: Complaint regarding
noise from approximately 10 dirt bikes riding at the site.
• Whatcom County Sheriff's Office, Incident Report #14A01202: Complaint regarding
noise from approximately 20 dirt bikes riding at the site.
• Documentation from neighbors indicating the number of dirt bikes riding on the
motocross track clearly exceeds the number of bikes the previous owner had at the
site.
• Documentation that the track is being utilized almost daily by at least 1-4 bikes. It's
alleged that the owner is often not present at the track while other riders are there.
• Documentation that "Clearing Activities" as defined by WCC 20.97.054 have been
done resulting in the expansion of the existing track.
• A website at www.hookit.com shows The Roost Factory as a "Motocross spot in
Bellingham, WA".
• Whatcom County Zoning Maps indicate the site was zoned as an Unclassified Zone
District until it became precisely zoned on July 19, 1979 on the Temporary Interim
Zoning Map.
• The property was zoned General Protection (GP) under the Whatcom County Interim
Zoning Ordinance beginning July 19, 1979. The GP Zone District required a
Conditional Use Permit for racetracks and commercial recreational facilities, whether
for personal use or commercial use, pursuant to WCC 2.24.510.
• Whatcom County has no record of a Conditional Use Permit for the motocross track.
• Six (6) letters were sent to the Director of Planning and Development Services
and/or the County Council or County Executive. The letters were forwarded to Code
Enforcement. All of the letters were received in 2015 from citizens upset about the
on-going noise from the motocross bikes, heavy equipment and portable saw mill on
the property.
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I absolutely hate neighbors who need to be in other peoples business. And the dude does not deserve jailtime
Seems like the bigger issue (from the county's point of view was that he tried to turn it into a commercial track, expanded the facility, cleared land. was charging riders, had signs out the front, didnt get any permits, got multiple infringement notices etc, so its not just about him wanting to ride on his property.
By the sounds of it, if he used the land like the person he bought it off, he wouldn't have had any issues.
But I don't understand how jail time is deemed appropriate
A side note, I generally find myself sick of the 2 stroke vs 4 stroke debate, and generally think that 4 strokes are the modern engine, just like almost all powersport engines these days. for me 2 strokes are great, but antiquated technology these days
however one side issue is the noise increase that tracks face. I agree with the "You don’t move near an airport then bitch about planes..." but i also would understand people living near airports complaining if a tiny little airport with small prop driven cessnas started accommodating louder jet engines and more planes.
I used to ride at a track fairly close to some suburban houses back in the day. to my knowledge the locals never complained about noise, enter the 4 stroke revolution and with 30 "new" 4 strokes running around the track all weekend, and locals started complaining. It pained me to admit, but i didn't completely blame them. it was not what they "signed up for". From the houses you could only hear the faint sounds of the 2 strokes, once the 4 strokes turned up, when the wind was blowing the right way it was bloody loud at the houses.
Now what am I supposed to do with this internet rage?
Pit Row
I could never understand people complaining about noise but I've got a clay pigeon shooting place near me and most weekends I hear a seemingly endless BUP BUP BUP BUP haha which I don't see myself ever complaining about but it can get faaaarken annoying especially when the wind is just right and I can hear it over my telly or music.. So let's just say I can imagine a MX track running every weekend would get very old.
Technically all tracks are “private” as in very few are owned and run by government offices, but if he skipped out on permits and it’s not about the wetlands like they claim it’s a legit issue. Would he be able to get insurance for races if he didn’t have his ducks in a row?.
Either way total bummer as folks up in the far corner of WA don’t have many places to ride.
I rode many, many laps there when Wayne owned it. Practically a second home. There used to be very friendly neighbors, so they must’ve had a Karen or two move in...
When Wayne had the track in the early 90’s, it was the closest thing I’ve ever seen to one of the Fox “Dream On” calendars from that era. Moto paradise.
I’m sorry to hear of this happening to both the facility and more importantly, Danny. Government overreach at its finest. I hope he can find a way to sue based on the emails and other treatment he’s received.
Post a reply to: FREE DANNY BROCKER - LOCAL MX RIDER JAILED FOR 56 DAYS FOR HAVING TRACK ON PROPERTY