6.3. SR 03-21-2011 - Laserfiche WebLink

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The conditions recommended by staff fall into two categories: conditions intended to bring the use of Wapiti Park into compliance with state law and the terms of the 1984 CUP; and conditions addressing public health, safety and welfare issues related to the use of the campground and store building. For instance, the store building includes a restaurant, bar, laundry and restrooms, all of which generate waste water which goes into the onsite septic system. Staffl s recommendation that compliance of the septic system with state standards be verified is directly related to the use of the building. Similarly, the building generates solid waste and debris, thus the recommended condition for a debris management plan. Finally, the recommended condition requiring compliance with outstanding violations identified by the Department of Health relate directly to conditions in the building. Far from being irrelevant or immaterial to the use of the building, as Wapiti Park maintains, these conditions are directly related to use of the building. 9. Wapiti Park argues that the regulation of campgrounds is preempted by the State of Minnesota and delegated to the Minnesota Department of Health. Minnesota Statutes, Chapter 327, regulates manufactured home parks and camping areas. Section 327.16 of that Chapter requires that a campground obtain a permit from the Department of Health, but goes on the provide that: such approval does not relieve the applicant from securing building permits in municipalities that require permits or from complying with any other municipal ordinance or ordinances, applicable thereto, not in conflict with this statute. The State Attorney General has specifically advised that: municipalities have the power to regulate trailer coach parks where the municipal ordinances are not in conflict with Sections 327.14 to 327.28. Op. Att'y Gen., 238i, September 21, 1956. By its express terms, the Statute allows municipal regulation of campgrounds if not in conflict with the state statute. Requiring a CUP for a campground and requiring compliance with Chapter 327 as a condition of the CUP is not in conflict with the statute. We are confident that the city has the authority through its land use ordinances to provide for appropriate locations for campgrounds, to require land use approvals for campgrounds, to require compliance with the standards of the city's land use ordinances and to impose reasonable conditions consistent with those standards. 10. Wapiti Park argues that the city has no authority to revoke an IUP. In this instance, the IUP for the store building expired pursuant to its terms on a particular date, as authorized by statute, which date was ten years from the date of issuance. The IUP has been extended on two occasions to a specific date and it expires on that date unless extended. If those extensions expire, the IUP will expire by its terms, not by revocation. 4