(concurring specially).
I agree that it is useful for this court to indicate the pathway through the two forums exercising jurisdiction over how the plaintiff gun club may use its land. I am concerned, however, that in the course of this continuing saga, the gun club may be encouraged to pursue judicial action if only in the hope that at some point the system will equate persistence with a right to be granted the requested variance. In my view it is entirely possible, under the facts and circumstances of this case, for the 40-decibel condition to be found reasonable, even though that condition makes use of the permit impossible. There is evidence in the record that noise pollution can have potentially serious adverse health effects, that noise can cause annoyance and irritation regardless of the decibel level, and that loud noise from the club’s operation would hurt property values. All of this evidence is relevant to the criteria set forth in the city’s ordinance regarding the granting of special use permits. The legislature has expressly left the regulation of gun clubs to local authorities.1 Furthermore, it must again be noted, as we noted in Minnesota Public Interest Research Group v. White Bear Rod & Gun Club, 257 N.W.2d 762, 765-766 (Minn.1977), that the gun club took the permit and constructed buildings on the site knowing it could not comply with the 40-decibel limitation.2
. No standards adopted by any state agency for limiting levels of noise * * * which may occur in the outdoor atmosphere shall apply to * * * skeet, trap or shooting sports clubs * * *. Nothing herein shall prohibit a local unit of government or a public corporation with the power to makes rules for the government of its real property from regulating the location and operation of skeet, trap or shooting sports clubs * * *.
Minn.Stat. § 116.07, subd. 2a (1984). The Pollution Control Agency (PCA) has no authority to regulate noise emissions from gun clubs nor do the noise emission standards that have been developed by the PCA, which were used by the club to arrive at its 55-decibel proposal, apply to impulsive noise, such as that made by a shotgun. Minn. Rules § 7010.0400 (1985).
. We said in White Bear Rod and Gun Club:
The evidence clearly shows that at no time since the Gun Club began operation has the decibel limit been within the 40-dba limitation of the permit. Further, Alfonso Perez, a noise pollution expert, testified that he informed the Gun Club applicants at the time of the hearing before the Hugo City Council that there was no possibility that they could comply with the decibel limitation contained in the permit.
257 N.W.2d at 765-766.