6.3. SR 03-21-2011 - Laserfiche WebLink

Home Browse Search

Proposed finding number l6(a) is not only false, but also irrelevant and immaterial to the IUP for the use of the building. Proposed finding numbers Ib(b) & {c) arc neither rclev~uit nor material to the lUl' for the use of the building. Proposed finding number 1G(d) is a mere allegatia~, which has not been previously communicated to my clients, and is ncithcr relevant nor material to the lUl' for the use of the building. Proposed iinding number 1G(e) expresses concerns, but offers no proof of any condition that justifies a concern. Proposed finding number l6(f) expresses concerns, but offers no evidence to which ttty clients might offer rebuttal. Proposed finding number 17 is untrue: The City Council's August 2"'~ grant oi'thc lUl' contained sevc~iteen conditions, not seven. Perhaps more impok•tantly, my clients have complied with hvelve of the seventeen. o They have maintained all state licenses; o 'They have provided written testimony regar(ling the functionality of the septic system; 0 They have pointed out to staff that Section i 0-9 of the I"slk River City Code does not provide for at manure management plan; o 'T'hey arc incompliance with aft violations identified by the health inspector, wtth U)c excepunn nl one. They have been given an extension by the 1)calth inspector to put ol'f fixing some broken tiles until the spring; o The Private Road agreement exists; o The maximum number ofcampsites has not been exceeded; o The how's oi'operation sue beiFtg complied with; o Only minor maintenance and repairs are permitted; o The store is used primarily fi)r campers; o 'fhe horses do not constitute a nuisance; o The provisions of Minnesota stahdes fu)d the Minnesota Depru•tmenE ol• I•lealth arc being complic(I with; and o The wheels arc on aU trnilcrs. Ms. White, Ms. Glenn and Wapiti want to be good individual and corporate citizens. They want to operate their business in a reasonabie, responsible and legal manner. They want to cooperate with the Council, the l'#a~aning Commission, the Police and city staff. 'T'hey want the protections, saieguaE•ds and services that they are entitled to as taxpayers, citizens and business owners. iiut none of this can happen if the city tries to take away their vested rights Fvithout compensation and without procedw•al and substantive due process. We would like to avoid litigation that would be costly for both sides, but can do so only if the city allows the IUP to continue without the onerous conditions currently being pushed. 4