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~k <br />t <br />4 <br />c. Staff has approved a manure management plan, incompliance with Section <br />10-9 of the city code; <br />d. Staff has approved a debris management plan; <br />e. The applicant has provided evidence that it is in compliance with all <br />outstanding violations as identified by the Department of Health inspector; <br />£ All structures and vehicles other than recreational camping vehicles as <br />defined by Minnesota Statutes Section 327.14, Subdivision 7 have been <br />removed; and <br />g. The applicant is in fully compliance with the nine conditions of the 1984 <br />conditional use permit, as follows: <br />1. That a private road agreement be entered into between White and the <br />City of Elk River for access for the property; <br />2. That the number of campsites within the property by established at <br />109, with 20 tent sites and that no additional campsites be permitted; <br />3. That the hours of the campground operation be from 8:00 am to 11:00 <br />pm; <br />4. That only minor maintenance and repair of recreational vehicles which <br />is restricted to customers or campers on the site be permitted at the <br />Wapiti facility; <br />5. That the store and restaurant on the existing site be used primarily for <br />individuals utilizing the campground facility and that the store and <br />restaurant not be expanded; <br />6. That the permit be reviewed every two years; <br />7. That the horses housed at the site be kept in such a manner that they do <br />not provide a nuisance to any neighboring property as defined in the <br />City's nuisance ordinance; <br />8. That the provisions of the Minnesota Department of Health rules and <br />regulations pertaining to recreational camping areas and referred to as <br />MDH 187, and the provisions of Minnesota Statute 327.10 through <br />327.28 pertaining to recreational camping areas and recreational <br />camping vehicles shall apply and be conditions within the City's <br />conditional use permit; and <br />9. That the wheels must remain on vehicles parked in campground and <br />that there be no permanent units for rental purposes. <br />The City's purported approval required that Applicants comply with the Conditions by <br />January 1, 2011 or the permit would terminate. The Conditions, however, were not conditions <br />within the control of the Applicants to comply with, thus the purported approval was actually not <br />an approval. Rather, it was a continuance. On December 20, 2010, city staff reported that the <br />Applicants had failed to meet the city's requirements and the City directed city staff to prepare a <br />5 <br />