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Cc ~~ 61a~~~~ <br />@~ ~~ <br />Resolution No. ~'~ `~~~ <br />City Council <br />City of Elk River <br />A Resolution of the City of Elk River Regarding the Conditional Use Permit for <br />Wapiti Park Campground <br />Findings of Fact <br />1. Wapiti Park Campground has been located at 18746 Troy Lane within the City of <br />Elk River since the merger of the old City of Elk River and Elk River Township in 1978. <br />2. In 1983, Wapiti Park Campground was rezoned from A-1/Agricultural to R- <br />lb/Single Family Residential, and the Elk River Zoning Ordinance was amended to allow <br />campgrounds in the R-lb zoning district as a conditional use. <br />3. In 1984 the owner, Roger White requested a Conditional Use Permit under the <br />City's Zoning Ordinance. Following public hearings, at which Mr. White and his <br />attorney participated, the City Council on May 7, 1984 issued a Conditional Use Permit <br />for Wapiti Park Campground, subject to nine conditions. During the proceedings before <br />the City Council, Mr. White stated that the purpose of the Campground was "to provide a <br />place for people who travel while they work and that they are in no way promoting <br />permanent residents." Extensive discussion occurred in which all parties agreed that <br />permanent residents were not to be a part of the Campground operation and the City <br />Council adopted State Regulations to that end which limits vehicles present to be for <br />temporary occupancy. The Campground has been operated by the owner under the <br />Conditional Use Permit since its issuance, with no challenge to its efficacy or conditions <br />until this proceeding. <br />4. Between 1984 and 1988 the Elk River Zoning Ordinance was amended to remove <br />campgrounds as a Conditional Use in the R-lb zoning district and Wapiti Park <br />Campground as operating under the previously issued Conditional Use Permit became a <br />legal non-conforming use and the owners continued to operate under the Conditional Use <br />Permit. <br />5. In 1999, the Wapiti Park store building, operating under the non-conforming <br />Conditional Use Permit, burned and was completely destroyed. At that time, the Elk <br />River Zoning Ordinance did not allow the reconstruction of anon-conforming use <br />destroyed beyond 50%. <br />6. In 2000, Wapiti Park Campground requested a Conditional Use Permit to rebuild <br />the store building. Because the campground was no longer a lawful permitted or <br />conditional use under the City's Zoning Ordinance a conditional use permit could not be <br />issued. With the consent of the applicant, the application was treated as an application <br />for an Interim Use Permit. Because the owner anticipated that the campground would be <br />