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:Wayzata Law Group, LLC To:Clty Council Memusrs (17fi~ii309uyu) <br />"I N::SO 'I L1YU/'I V V IYI I -Up Mg U~GwN <br />\NAYZ.A7A LA\N (:iF(:)UI', LL<:. <br />1907 EAST Vr',41'ZA'(A IiWU., SUIT'F. 17(1 <br />WAl'LA'fA, MI?JNCtiC)lA SS~91 <br />TEL 9:i7.. 47S . 1(IZa fA\: 7ii), . 47Ei . -0447 <br />LISTEN • THINK • A0\'OCATt • G'Ull:)F <br />December 20, 2010 <br />Ellc River City Council <br />City Hall <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />RE: Wapiti Park Carr~~c~raund <br />Dear Council Members: <br />ADAM C. KAATZ <br />DIRECT DIAL: 952.475.0910 <br />e-MAIL: akaatz@wayzatalawgroup.com <br />VIA FACSIMIILE <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 wikh conditions that would worlc for bath 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 Sfia#e 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 i3:00a.m, - <br />11:OOp.m, and that Wapiti Park will continue to comply with ail 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 ifis Interim Use Pe~rnit. <br />Please contact me at my office fio discuss the matter further. <br />Sincerely, <br />Wayzafia Law Group, LLC <br />Adam C. Kaatz <br />Enclosure <br />