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m:Wayza~a yaw croup, ~~~ Iv:~.lry ~.ouncll Iwempers ~1 ro~ooal~av~ Iy.aa Ib11.L11 VVIYI I-VO ry vc-va <br />~:~./? o j /~ s12 <br />_~ Yti AYZ A7.n LAW S7RC7 t!P. LLC~....._.,.....__..._..._~..,..._...__.......r_.._.,__....._~~..-.._.__J.___,_..~_.._...,..~__...,._ ..1..~~~-~~-Q..GJI/L/+ <br />;4p7 CAST ViA`'ZATA HL~LI., Sll!lE 1'0 NiAYTAIA. M1iI:~tiEtil)l.4 i~;71 <br />TEL' R51.4'S. 7(}2~ •fAl: '~i7 t?5 .)•i47^~ __._ <br />LISTEN • TNINK • AUYOf:ATF GUII:IF <br />ADAM C. KAATZ <br />I.}1ftECT DIAL: 952.475.0910 <br />~-naA~t.: akaatz a~wayzatalawgraup.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 Campground <br />Dear Council Members: <br />YIA FACSIMILE <br />763. x35.1090 <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 after. 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, 1# seems to us that the City should be allowed to impose <br />conditions an the operation of the building in the process of renewing the lnterim 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, t_LC <br />~ ~. <br />Adorn C. Kaatz <br />Enclosure <br />