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City Council Minutes January 18, 2011 Page 5 City Code Section 30-701, Section 30-691, and Minnesota Law that his client's use of the • building became a legal non-conforming use with full privilege to be continued without the need of an Interim Use Permit or a Conditional Use Permit. Finding #8 He agrees with this finding but believes the application referred to was the result of wrongful action by city staff in telling his client that they could not legally use the building and would not be eligible for renewal of their liquor license. Findz'ng #9 He agrees with the finding but claims Wapiti's right to use the building is not dependent on the 10 year Interim Use Permit passed by Council but instead upon its right to continue the legal non-conforming use created by the zoning ordinance amendment on April 3, 2010. He stated even if Wapiti needed an Interim Use Permit, it is his contention that all of the conditions imposed in the August 2 action are illegal and unenforceable. He listed the following reasons: ^ The conditions attempt to illegally regulate the legal non-conforming campground use and constitute an uncompensated regulatory taking of a valuable property right owned by his clients. ^ The conditions are arbitrary, capricious, and have no relation to the use of the building as an office, restaurant, bar, laundry, and gathering place. He stated the August 2, 2010, motion imposed 17 conditions but that Mr. Barnhart's January 8, 2011, letter recommended only four conditions. He stated the conditions are illegal and • unenforceable because the regulation of the campground has been pre-empted by the State of Minnesota and delegated to the Minnesota Department of Health. He stated his client has complied with the Minnesota Department of Health's licensing requirements since the 70's. He stated Elk River City Code does not authorize the Council to grant an Interim Use Permit and then make it subject to termination if certain conditions are not met by some later date. He stated this is a violation of the MN 60 day rule law. He stated if the city terminates the Interim Use Permit and its liquor licenses, that these actions will constitute a regulatory taking of valuable property rights exposing the city to claims of damages. ^ He stated the city has no procedure set forth in its ordinances for the revocation of an Interim Use Permit. He stated Wapiti Park will have been denied both substantive and procedural due process if the city takes action to revoke the Interim Use Permit. Finding #72 He stated the definition is specifically limited in its application to the use within the specific sections of the statute and should not be used here. Finding #73 He stated this finding misstates the statute. He stated Minnesota Statute, Chapter 327, Subdivision 8 states a recreational camping area means an area used on a daily, nightly, weekly, or longer basis and does not use the word "temporary" to define a recreational camping area. Finding #75 • He stated this finding is immaterial to the Interim Use Permit for the use of the building. He stated there is no definition of what staff means by "permanent residents". He stated many