6.1. SR 07-18-2011 - Laserfiche WebLink

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e `f as a conditional use. In 1984, the City issued Wapiti a Conditional Use Permit with conditions based upon the amendment to the Code in 1983, even though Wapiti was a legal, non- conforming use. The conditions of the Conditional Use Permit were never enforced. FACTS Lorraine White, Trustee for the Lorraine M. White Trust ("White") is the owner of five (5) parcels of real property located in the City of Elk River totaling 51.8 acres ("the "Property") Since 1976, Wapiti has continuously operated a recreational campground ("Campground") on the Property. In its operation of the Campground, ~TiTapiti has continuously maintained ai:d used a building, located on a portion of the Property (the "Building"), as an office, bar, laundry and gathering place for guests. In September 1980, the City adopted the Code. At the time, campgrounds were neither a conditional nor permitted use in the zone where the Property was located. As a result of Wapiti's use of the Property as a campground prior to the City's adoption of the Code, the Campground has at all times relevant to this action constituted a legal, nonconforming use. In 1983, the City rezoned the Property to allow campgrounds as a conditional use. In 1984, despite the Campground's legal, nonconforming use status, the City required that Applicants obtain a Conditional Use Permit (" 1984 CUP"), with conditions, in order to operate the Campground. In May 1984, Applicants also applied for and the City issued Applicants a 3.2 On- Sale liquor license and a 3.2 Off-Sale liquor license ("Liquor Licenses") allowing Wapiti to sell 3.2 beer and provide "set ups" in the Building. The Liquor Licenses include a Consumption and Use Permit and have been renewed each and every year until April 2010. At some time after 1984 and before 1998, the City amended its zoning ordinances which resulted in campgrounds no longer being conditional uses in the zone where the Property was 2