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,, <br />''~ <br />stating as a reason for denial was the expiration of the 2000 IUP on April 17, 2010, and alleging <br />that the Applicants' use of Building II was thereby rendered illegal. At the City's direction, <br />Applicants submitted an application for the renewal of the 2000 IUP on or about June 21, 2010, <br />triggering the 60-day rule. From the outset, the City has continuously impeded the Applicant's <br />ability to obtain the renewal of the 2000 IUP by conditioning approval of the permit on an ever <br />changing list of conditions that seek to indirectly regulate the Campground and have no bearing <br />on the regulation of Building II. <br />On or about July 8, 2010, Elk River city staff sent correspondence to the Applicants <br />informing them of four (4) recommended conditions for the renewal of the 2000 IUP. Then, on <br />July 13, 2010, at a meeting of the planning commission, Elk River city staff filed a report <br />recommending the renewal of Applicants' 2000 IUP, subject to Wapiti's compliance with six (6) <br />conditions. The planning commission however voted to continue the matter to July 27, 2010. <br />Then, on July 27, 2010, at a meeting of the planning commission, Elk River staff again filed a <br />report recommending the renewal of Applicants' 2000 IUP. Approval was now, however, <br />subject to Wapiti's compliance with eight (8) conditions. Then, on August 2, 2010, the city <br />council took up the matter. Again, Elk River staff filed a report recommending renewal subject <br />to Wapiti's compliance with the eight (8) conditions previously recommended by city staff and <br />ten (10) additional conditions, for a total of eighteen (18) conditions. <br />In an effort to get around the 60-day rule, on August 2, 2010, after further discussion the <br />City purportedly approved Applicants' application for the renewal of the 2000 IUP, subject to <br />the following fifteen (15) final conditions (the "Conditions"): <br />a. A verifiable plan has been approved by City Council that will ensure <br />permanent residents will not live at the recreational camping facility; <br />b. An inspection has verified that the onsite septic system is designed to be <br />functional year round and remains fully functional; <br />4 <br />