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04-04-2011 CCM
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04-04-2011 CCM
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4/21/2011 8:15:30 AM
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4/4/2011
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City Council Minutes <br />April 4, 2011 <br />Page 3 <br />Park's attorney brought to his attention that the Council may have approved 120 square foot <br />• storage sheds back in .1998 <br />Adam Katz, attorney for Wapiti Park -Stated concerns for Conditions Number 4 and 5 <br />regarding storage sheds and structures attached to camping vehicles. He stated these were <br />new conditions added by staff since their last meeting. He stated the Council gave Wapiti <br />permission to build 120 square foot storage sheds and vestibules on each campsite back in <br />1998. He stated Council talks about the safety and well-being of people but yet they don't <br />want to allow insulation to be put on campers for those who do winter camping. He stated <br />his legal position is sound because Wapiti Park is a legal non-conforming use and the city <br />can't regulate non-conforming uses for an Interim Use Permit. He stated Wapiti Park has <br />done what was asked of them but they're willing to try and work out a better proposal. Mr. <br />Katz stated it is typical for campers to leave their equipment at sites and to come back to <br />them. He stated it was a legitimate request by the city to allow review of the guest book. He <br />stated Wapiti Park can't and shouldn't be expected to police the area for license compliance <br />and doesn't see where his client would be required by state law to check them. He stated the <br />MN Department of Health has never withheld a license from Wapiti Park. He noted in his <br />original proposal he incorrectly stated 80 square feet for vestibules and storage sheds. <br />Attorney Beck stated staff has a partial copy of some 1998 Council minutes provided by Mr. <br />Katz regarding the storage sheds but that further review would be needed. He stated the <br />minutes discuss staffs recommendations but not whether they were adopted by Council as <br />recommended. He stated the staff recommendation says breezeways and screen porches are <br />allowed but they have to be portable, not connected to the recreational vehicle, and have <br />quick disconnect utilities. <br />• Councilmember Zerwas stated the structures on Wapiti Park recreational vehicles don't look <br />quick disconnect. <br />Attorney Beck stated there were numerous other conditions mentioned in the minutes, <br />including that no licensed or inoperable vehicles are allowed. He stated the unlicensed <br />vehicles came to staff's attention because they are being taxed as mobile homes, which is a <br />concern because this is not a mobile home park and doesn't meet any state or city <br />requirements of a mobile home park. <br />Mayor Dietz questioned if staff's recommendation for Condition Number 4 and 5 (regarding <br />storage sheds and structures attached to camping vehicles) would need further review. <br />Attorney Beck stated the prior approval should be given some weight, but whether the <br />current situation at Wapiti Park varies enough from the conditions in the minutes and what a <br />typical RV screen enclosure would be, are for Council to discuss and to provide feedback on <br />so staff can come back with a more firm recommendation. <br />Mayor Dietz requested to know how many camping spots there are and how many storage <br />sheds are on the sites. <br />Mr. Katz stated he was unsure but could provide the information. It was indicated that there <br />may be less than a dozen storage sheds. <br />Councilmember Westgaard stated he would like more details about the 1998 Council <br />• decision. He would like to reach an agreement that both parties would be agreeable to. He <br />stated Condition Number 3 regarding licensed, operable vehicles was important and that <br />
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