6.2. SR 06-20-2011 - Laserfiche WebLink

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FINDINGS OF FACT 1. Lorraine White was issued an Interim Use Permit (Case No. CU 00-6) on April 17, 2000, that allowed for the construction and operation of a store building housing a laundry, bar, and offices that could be used by campers. This building is used for the sale of 3.2 Percent On-Sale and 3.2 Percent Off-Sale liquor at Wapiti Park. The Interim Use Permit was valid for ten years or until the property redeveloped or until ownership of the property was transferred, whichever happened first. The Interim Use Permit expired on April 17, 2010. 2. The applicant applied for a new Interim Use Permit for the store building, for an additional 10 years, in June 2010. On August 2, 2010 the Ciry Council granted a new 10 year Interim Use Pern~lit for the Wapiti Park Campground store building, subject to a number of conditions. One of the conditions was that the new Interim Use Permit would terminate on January 1, 2011, unless certain conditions set forth were addressed. 4. On December 20, 2010, the City Council extended the Interim Use Permit for the Wapiti Park Campground store building to January 18, 2011, and directed city staff to prepare a resolution for City Council consideration regarding the Interim Use Permit. 5. On January 18, 2011, the Interim Use Permit was extended to March 21, 2011. 6. On March 21, 2011, the attorney for Wapiti Park, due to illness, requested an extension of the Interim Use Permit, which the Ciry Council granted to April 4, 2011. 7. On Apri14, 2011, the Interim Use Permit was extended to April 18, 2011. 8. On April 18, 2011, the Elk River City Council adopted City Council Resolution Number 11-17, finding that the Applicant had not complied with the conditions set forth in the City Council's August 2, 2010 approval of the new Interim Use Permit for the store building, and that the Interim Use Permit for the Wapiti Park Campground store building therefore expired on April 18, 2011. 9. Without a valid Interim Use Permit, the store building is an illegal use. 10. The Elk River City Code provides that the City Council may, in its sole discretion, and for any reasonable cause, refuse to grant any application for a liquor license; 11. The Elk River City Code also provides that the City Council may suspend or revoke any license for the sale of 3.2 Percent liquor upon finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to the conduct of the licensee's business. N:\Public Bodies\City Council\Resolutions\Wapiti 062011.doc