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City Council Minutes January 18, 2011 Page 6 who considered themselves long-term residents of the campground in August are no longer • there because they were afraid the city was going to close the park and make them move during the months of January/February. He stated the permanent residents that everyone was afraid of axe no longer permanent because they are not there anymore. Finding # 16a. He believes is false and immaterial to the Interim Use Permit. Finding #76 6 ~ c He believes is immaterial to the Interim Use Permit. Finding #96d He believes to be an allegation and immaterial to the Interim Use Permit. Finding # 96e He stated it expresses concerns but offers no proof to justify them. Finding # 16f He stated it expresses concern but offers no evidence to which he can rebuttal. Finding #77 He stated this finding is untrue. He stated the August resolution of approval of the Interim Use Permit named seventeen specific conditions, not seven. He stated his client has complied with twelve of the conditions. He stated they have maintained all stated licenses and given written testimony regarding the functionality of the septic system. He stated Elk River City Code, Section 10-9 doesn't mention a Manure Management Plan or give guidance • as to how to complete one. He stated Wapiti Park is in compliance with all the violations of the state health inspector with the exception of one and they have special permission to put the condition (replacement of two tiles in the shower) off until this spring. He stated the private road agreement has existed for over 30 years. He stated the maximum number of campsites has not been exceeded and they've complied with the hours of operation. He stated Wapiti Park only permits minor maintenance and repairs. He stated the store building is used primarily for campers and the horses are not a nuisance. He stated the wheels are on all the vehicles. He stated city staff would like to see Wapiti Park go away. He stated closing it for two months every year would probably make it happen. He stated they are not going away without a fight because the law doesn't allow city zoning regulations to get rid of businesses. He stated the city told his client this building could be built for what it is used for back in 2000. He stated his client made a personal investment based on the two conditions to the use of the building. He stated they had a right to believe the Interim Use Permit would be renewed. He stated they became a legal non-conforming use through a technicality on August 3 when the city changed its zoning ordinance. He stated his client would like to work with the city on being a good Elk River business. He stated his client can't call the cops because there is animosity between the city and the campground. •