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City Council Minutes Page 4 January 18, 2011 ----------------------------- MOTION CARRIED 4-0. • 6.2. Resolution Re ag riling the Interim Use Permit for the Store Building at Wapiti Park Case No. CU 10-16 Mr. Barnhart provided information on this item as outlined in his staff report. He stated Wapiti Park has indicated they are not willing to comply with the conditions of the Interim Use Permit. Councilmember Motin asked staff if the conditions have been completed. Mr. Barnhart replied that his report was still accurate as of today Qanuary 18, 2011) Attorney Representing Wapiti (name not given) -Stated he would like to clarify his client's position with respect to Mr. Barnhart's report. The attorney proceeded to address the findings in the resolution regarding the interim use permit for the store building at Wapiti Park Campground. Findings # 1- 4 He agrees with the first four findings but would like to point out that when the campground became alegal-nonconforming use, because of the rezoning referred to in Finding #4, its use rights were free of any previously imposed conditions. He stated it became a legal non- conforming use without conditions. Councilmember Motin asked the attorney if he was stating that Wapiti Park could completely ignore the conditions that were in place before then. The attorney stated yes .Finding # 5 He does not agree that city ordinances did not allow the reconstruction of the burned down building. He stated the value of the destroyed accessory use was far less than 50% of the value of the total use of the property. He believes the city had no authority to prevent reconstruction of the building as long as it was completed within twelve months of the fire. Finding #6 He agrees with the finding except for the portion that describes why the city treated the Conditional Use Permit application as an Interim Use Permit application and the portion indicating a sale or development was likely to occur in ten years. He stated the 2000 Interim Use Permit was issued with only two conditions. He stated this is important because when his client was deciding whether to rebuild the building, there were only the two conditions imposed. Finding #7 He agrees with the finding but notes that the permit expiration date was April 17, 2010. He stated the Council adopted Ordinance #10-03 on March 15, 2010, amending Section 30- 658 of the zoning code. He stated this ordinance was effective on April 3, 2010 while his client's Interim Use Permit was still in force. He stated this ordinance amendment made the • use of the building by Wapiti a legal non-conforming use. He stated by virtue of Elk River