6.1. SR 07-18-2011 - Laserfiche WebLink

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V. The 1984 CUP with conditions is not binding and is no longer in effect. Even if the City's actions in forcing the Applicants to obtain the 1984 CUP are upheld, the permit. is no longer binding or in effect because it expired when the City amended its ordinances sometime after 1984 and prior to 1998 by removing campgrounds as a conditional use in the zone where the Property is located, because the City never recorded the 1984 CUP, and because until now the City has never attempted to enforce the 1984 CUP. When the City amended its ordinances and removed campgrounds as a conditional use in the zone where the Property was located, the 1984 CUP ceased to exist and its conditions could not be enforced because a City cannot issue a conditional use permit for a use that is not a conditional use. By removing campgrounds as a conditional use in the zone where the Property was located, the City forfeited any right to impose a conditional use permit on the Applicants. In addition, "a certified copy of any CUP must be recorded with the county recorder or registrar of titles," Upper Minnetonka Yacht Club v. City of Shorewood, 770 N.W.2d 184, 187 (App. 2009) (citing Minn. Stat. § 462.3595, subd. 4 (2008)). No copy of the 1984 CUP is currently on file nor is there any evidence that the permit ever was filed. Finally, as past planning commission and city council minutes show, although the City has been co~zcerned about "long term" campers occupying Wapiti, they always came to the conclusion that enforcing a length of stay condition was out of their authority. Despite Wapiti operating in same manner for 35 years, only now has the City taken any enforcement action. Although one of the conditions of the 1984 CUP was that it be reviewed every two years, there is no record of any review ever occurring since the permit was issued in 1984. VI. Revocation of the 1984 CUP was Unreasonable. 12