6.2. SR 01-18-2011 - Laserfiche WebLink

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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 fox 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 Park 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 [2010]. In June of this year [2010], Wapiti Park applied for a new Interim Use Permit for the store building 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 state law and with the original Conditional Use permit conditions. A review of the staff reports and minutes from the 1984 proceedings show that the primary 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 or 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 from 1984 requiring compliance with the state laws governing recreational camping areas has not been complied with. The conditions suggested by staff, and to some degree, by the Planning Commission, reflect a desire to address the issue of permanent residency and to ensure that compliance with the 1984 conditions is addressed. The purpose of this memo is to update the Council on the status of these items. Staffls update follows each item. 1. THE INTERIM USE PERMIT SHALL BE VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. IN ADDITION THE INTERIM USE PERMIT SHALL TERMINATE JANUARY 1, 2011, IF THE FOLLOWING ITEMS HAVE NOT BEEN COMPLETED: N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\O1-18-ZOll\Wapiti.docx