5.2. SR 08-02-2010 - Laserfiche WebLink

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In 1984, after much discussion, a conditional use permit was issued for Wapiti Park Campground, subject to 9 conditions: 1. That a private road agreement be entered into between Mr. White and the City of Elk River for access for the property; 2. That the number of campsites within the property be established at 109, with 20 tent sites and that no additional campsites be permitted; 3. That the hours of the campground operation be from 8 am to 11 pm; 4. That only minor maintenance and repair of recreational vehicles which is restricted to customers or campers on the site be permitted at the Wapiti facility; 5. That the store and restaurant on the existing site be used primarily for individuals utilizing the campground facility and that the store and restaurant not be expanded; 6. That the permit be reviewed every two years; 7. That the horses housed at the site be kept in such a manner that they do not provide a nuisance to any neighboring property as defined in the City's nuisance ordinance; 8. That the provisions of the Minnesota Department of Health rules and regulations pertaining to recreational camping areas and referred to as MDH 187, and the provisions of Minnesota Statute 327.10 through 327.28 pertaining to recreational camping areas and recreational camping vehicles shall apply and be conditions within the City's conditional use permit; and 9. That the wheels must remain on vehicles parked in campground and that there be no permanent units for rental purposes. Between 1984 and 1988, the zoning ordinance was amended to remove campgrounds as a conditional use in the R-1b zoning district, and Wapiti Parl~ Campground became a legal, nonconforming use with the right to remain as long as it is in compliance with the terms of the 1984 conditional use permit. Late in 1999, the Wapiti Park store building burned completely down. At the time, the zoning ordinance did not permit the reconstruction of a nonconforming use destroyed beyond 50%. In 2000, the applicant requested a conditional use permit to rebuild the building. Because the campground was no longer a conditional use, the application was treated as an application for an interim use permit. Because it was anticipated that the campground would be sold and developed within 10 years, the interim use permit was approved for 10 years, which expired in April of this year. In June of this year, Wapiti Park applied for a new interim use permit for an additional 10 years. This is the application before the City Council. In connection with reviewing the pending application, staff has reviewed the campground for compliance with the original conditional use permit conditions. A review of the staff reports and minutes from the 1984 proceedings show that the primacy issue and concern at the time was year round residency at the campground, and the fact that the recreational camping vehicles allowed at the campground are not designed for ox safe for permanent residency. To address this issue, the City Council added conditions in 1984 that the state laws governing recreational camping areas be complied with, and that the wheels remain on all vehicles. Unfortunately, 26 years later, it appears that the permanent residency concern from 1984 is still an issue. Evidence from several sources, including testimony at the Planning Commission public hearing, indicates that there are a number of people who make Wapiti Park their permanent, year round home. It is also clear that the condition C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Piles\OLKI;8DB\CU 10-16 Wapiti Park SR to CC 8-2-10.doc