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=m:Wayzata Law Group, LLC To:City Council Members (17636351090) 14:35 12/20/10GMT-06 Pg 02-04 <br />N~-/zo Rio sL 2 - <br />WAYZTTA LAW GROUP. LLC L+~~ <br />1407 CASs WAY ZAi iA tlLVD., 51111E 1'U WAY L4I A. MIk NEtil1I4 SS y71 <br />TEL 'I52. 47±. 1015 fAA: 'Gd . ll, dA M1] <br />LISTEN ~ iNINk ~ A~VOCnTk ~ GVIIIF <br />ADAM C. KAATZ <br />DIRECT DIAL: 952.475.0910 <br />e-MAIL: akaatz@wayzatalawgroup.com <br />December 20, 2010 <br />Elk River City Council <br />City Hall <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />RE: Wapiti Park Camp~tround <br />Dear Council Members: <br />VIA FACSIMILE <br />763.635.1090 <br />Due to today's weather, I request your indulgence and submit Wapiti Park's position in <br />writing. In October we submitted the attached offer. Since then we have worked with <br />city staff but have been unable to come up with conditions that would work for both the <br />City and Wapiti Park. <br />It has been and continues to be our position that Wapiti Park is a legal, nonconforming <br />use and that its operation is regulated exclusively by the State of Minnesota, <br />Department of Health. It seems to us that the City should be allowed to impose <br />conditions on the operation of the building in the process of renewing the Interim Use <br />Permit. But the proposed conditions, other than the hours of operation, go well beyond <br />regulating the operation of the building. <br />If the City will accept that Wapiti Park's hours of operation will remain at 8:OOa.m. - <br />11:OOp.m. and that Wapiti Park will continue to comply with all Minnesota Department of <br />Health rules and regulations pertaining to recreational camping sites as the only <br />conditions of the Interim Use Permit, we would agree. Otherwise, Wapiti Park would <br />have no alternative but to seek the Judicial Review of its Interim Use Permit. <br />Please contact me at my office to discuss the matter further. <br />Sincerely, <br />Wayzata Law Group, LLC <br />~- Jam' <br />l <br />Adam C. Kaatz <br />Enclosure <br />