3.1. PCSR 07-27-2010/~
Elk REQUEST FOR ACTION
.~.-.
River
TO ITEM NUMBER
Plannin Commission 5.3
AGENDA SECTION MEETING DATE PREPARED BY
Plannin Items July 13, 2010 Jeremy Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED By
Request by Wapiti Park (Lorraine White) f or Interim Use
Permit, Public Hearing -Case NO. CU 10-16 REVIEWED BY
RECOMMENDED CONDITIONS
Staff recommends approval of Irnerim Use Perrrut for allowing for the continued use of the 30 x 55
structure to be used for laundry, office, and assembly, subject to the following conditions.
1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE
PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST.
2. PROVIDE VERIFICATION THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED
TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL.
3. ACQUIRE AN APPROVED MANURE MANAGEMENT PLAN, CONSISTENT WITH
SECTION 10-9 OF CITY CODE.
4. PREPARE A DEBRIS MANAGEMENT PLAN FOR APPROVAL BY ELK RIVER
ENVIRONMENTAL DIVISION.
5. DUE TO THE CONCERN OF RESIDENTS LIVING IN CAMPERS DURING THE
WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH
MARCH 1.
6. INTERIM USE PERMIT NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL
OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH
INSPECTOR MUST BE COMPLETED.
7. MAINTAIN APPROPRIATE STATE LICENSES.
8. ALL NON RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA
STATUTES SECTION 327.14, SUBDIVISION 7 SHALL BE REMOVED AND ARE NOT
PERMITTED.
N:\Departxr~nts\Co,,,rrn,~;tyDevelopment\Plarming\Case Files\C[Jp\CCJ 10.16 Wapiti Park IIJP\C[J 1Q 16 Wapiti Park conditions.doc
REQUEST FOR ACTION
TO ITEM NUMBER
Plannin Commission 3.1
AGENDA SECTION MEETING DATE PREPARED BY
Plannin Items Jul 27, 2010 exem Barnhart, Plannin Mana ex
ITEM DESCRIPTION REVIEWED By
Request by Wapiti Park (Lorraine White) fox Interim Use
Permit, Public Hearing -Case NO. CU 10-16 REVIEWED BY
ACTION REQUESTED
Staff recommends approval of Interim Use Permit for allowing fox the continued use of the 30 x 55
structure to be used fox laundry, office, and assembly, subject to the following conditions.
1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE
PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST.
2. INSPECT AND VERIFY THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE
FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL.
3. STAFF APPROVAL OF A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH
SECTION 10-9 OF CITY CODE.
4. APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELg RIVER
ENVIRONMENTAL DIVISION.
5. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURING THE
WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH
MARCH 1.
6. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH
ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF
HEALTH INSPECTOR.
7. MAINTAIN APPROPRIATE STATE LICENSES
8. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING
VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14,
SUBDIVISION 7 SHALL BE REMOVED AND ARE NOT PERMITTED.
BACKGROUND/DISCUSSION
At the Planning Commission meeting on July 13, 2010, the Planning Commission directed staff to meet
with the applicant and work to resolve those conditions that can be resolved. Staff met with the
applicant's attorney on July 19 to discuss the 8 conditions suggested by staff.
The 8 conditions and an update or further explanation follows:
N:\Departments\Community Development\P>a \Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-16 Wapiti Park SR to PC 7-27-10.doc
1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL O~X~I~TERSHIP OF THE
PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST.
There doesn't seem to be an issue with this suggested condition.
2. INSPECT AND VERIFY THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE
FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL.
The applicant's attorney is working with a licensed septic inspector in an attempt to
confirm that the system is functioning properly and the system is designed for year round
use.
3. STAFF APPROVAL OF A MANURE MANAGEMENT PLAN, IN .COMPLIANCE WITH
SECTION 10-9 OF CITY CODE.
The applicant has met with environmental staff on the development of these plans.
4. APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELK RIVER ENVIRONMENTAL
DIVISION.
The applicant has met with environmental staff on the development of these plans.
5. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURING THE WINTER
MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 TROUGH MARCH 1.
Wapiti Park is licensed by the State of Minnesota as a Recreational Camping Area.
Although not permitted under the City's Zoning Ordinance, Wapiti Park apparently
predates the Zoning Ordinance and the city is at this time contesting Wapiti Parks assertion
of non-conforming use rights to remain as a Recreation Camping Area as permitted by its
State license. However, Wapiti Park must conform to its state license as a Recreational
Camping Area used exclusively for tents and Recreational Camping Vehicles.
Year round use of structures at Wapiti Park indicates that Wapiti Park is not
being used exclusively as a Recreational Camping Area as permitted by its
state license, and that a number of the camp sites are being used as
permanent residences. At the Planning Commission meeting on July 13, 2010,
one individual speaking on behalf of the campground noted that he has lived
at the park over a year.
Further research indicates that a significant number of residents at the
campground identify Wapiti Park as their permanent address. A survey of
vehicles at the campground completed by the Police Department on July 21
indicated 36 cars on the grounds. Of these 36 vehicles, 11 were registered to
the address of Wapiti Park. 11 separate owners of the cars also listed Wapiti
Park as their address on the driver's license. Based on improvements made to
a number of the camp sites, personal statements, and vehicle ownership
registration, it is fairly clear that a number of residents live at the campground
as permanent residents, and are not recreationally camping. Camping
vehicles occupied as permanent residences are subject, at minimum, to the
Property Maintenance Code, requiring them to meet specific access and
egress, ventilation, and sanitation requirements.
In addition, the condition of some of the camping vehicles raises a legitimate
concern for the health and safety of those that "reside" there, particularly in
the winter months.
N:\Departments\Communits Development\Planning\Case Files\CUP\CU 10-16 Wapiti Pazk IUP\CU 10-16 Wapiti Park SR to PC 7-27-10.doc
6. INTERIlvI USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE ~XTITH ALL
OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTI~~NT OF HEALTH
INSPECTOR.
Staff met with the health inspector on Thursday, July 15~', and received a copy of the
State's punch list of 5 different orders, some of which were initially issued in 2007. Staff
recommends that all of the items on these lists, identified as requirements, (as opposed to
recommendations), be resolved to the satisfaction of the state health inspector prior to
release of the interim use permit and any liquor licenses.
7. MAINTAIN APPROPRIATE STATE LICENSES
There does not appear to be an issue with this suggested condition.
8. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING
VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7
SHALL BE REMOVED AND ARE NOT PERMITTED.
Wapiti Park is licensed by the state of Minnesota. as a Recreational Camping Area.
Pursuant to Minnesota Statutes, Section 327.14, Subdivision 8, a Recreational Camping Area
is an area used on a daily, nightly, weekly, or longer basis for the accommodation of five or
more tents or Recreational Camping Vehicles.
Minnesota Statutes, Section 327.14, subdivision 7 defines recreational camping vehicle
as including the following:
(a) any vehicular, portable structure built on a chassis, designed to be used as a
temporary dwelling for travel, recreational, and vacation uses;
(b) any structure designed to be mounted on a truck chassis for use as a
temporary dwelling for travel, recreation, and vacation;
(c) any portable, temporary dwelling to be used for travel, recreation, and
vacation, constructed as an integral part of aself-propelled vehicle; and
(d) any folding structure, mounted on wheels and designed for travel, recreation,
and vacation use.
City staff completed a site inspection of the campground on .Friday, July 16`''.
Several of the camping units have been altered for permanent residence and are no
longer "temporary dwellings for travel, recreation, and vacation uses." Alterations
include additions of decks and rooms, skirting, window air conditioners, sheds, etc. A
full summary is attached.
Staff recommends that all structures and vehicles which do not meet the
definition of recreational camping vehicles be removed, because Wapiti Park's state
license as a Recreational Camping Area allows only tents and Recreational Camping
Vehicles.
FINANCIAL IMPACT
None
N:\Departments\Community De~~elopment\Planning\Case Files\CUP\CU 10-16 Wapiti Pazk IUP\CU 10-16 Wapiti Park SR to PC 7-27-10.doc
General Information
Applicant Lorraine White
Requested Action Interim Use Permit
60 Day Rule The. City must take action by October 30, 2010
Location 18746 Troy Street
ATTACHMENTS
^ Planning Commission packet dated July 13, 2010
^ Minnesota Department of Health Inspection report dated August 14, 2009.
^ List of permanent improvements
Action Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\CUP\CU 10-16 Wapiti Park IUP\CU 10-1G Wapiti Park SR to PC 7-27-10.doc
Type: Full ~' ®~ ~C~~~~~~11~I ~1~~ Page 9
Date: 08/14/09 ~~~
Time: 15:55 :43
Report:7977091005
I,oeation:
Wapiti Park Caanp Ground Inc.
18746 Tro~~ Street N.W.
Ells River, MN 55330
Sherburne County, 71
I.,icense Categories:
HOSP, FBPS, FBLB, FBTW, FBLF, FBPW; NIDEP-
93,
E~~pires on: 12/31/09
Establishment Inf€~:
ID #: 0004467
Risk: Hig1i
Announced Inspection: No
Operator: -
Wapiti Park Campground, Inc.
Phone #: 7634411396
ID #: 14144
The violations listed in this report include any previously issued orders and deficiencies identified
during this inspection. Compliance dates are shown for each item.
The following orders previously issued on 07/18/07 have NOT been corrected.
10 ~A~BAGE Alm REFITSE
.~ 0~3
4630.1100. Cover outside garbage containers with tight fitting, insect proof lids.
ALL DUMPSTERS WERE UNCOVERED. LIDS MUST REMAIN CLOSED.
Issued on: 07/18/07
6 PL II~iG
4601
Comply By: 07/18/07
4630.0700. Provide appropriate back-flow preventers on all threaded hose bibbs.
ALL HOSE BIBS AT ITTDIV~UAL CAMPSITES MUST, AT A I~~Q~?IMUM, BE PROTECTED BY A
HOSE CONNECTION BACKFLOW PREVENTER OR VACUUM BREAKER. THE ~~
ACCEPTABLE RATING IS ASSE 1011, OR EQUIVALENT. AN ASSE 1052 IS PREFERRED, BUT
NOT REQUIRED.
Issued on: 07/I 5/07
6 PL~[TI~Il~TG
(~6C1
Cortaply By: 04/18/08
4630.0700. Provide appropriate back-flow preventers on all threaded hose bibbs.
PROVIDE AT DUMP STATION. IF A SPRAYER OR ANOTHER ATTACHMENT IS USED ON THE
HOSE, AN ASSE 1052 IS REQUIRED.
Issued on: 07/18/07 Comply By: 04/18/08
Type: Full ®i~~ ®i'~3~~ ~~ff~~i'~i~i~c~~ ~~ipi~'1 Page 2
Date: 08,14/09
Time: 15 :55 :43
Report: 7977091005
Vijapiti Park Camp Ground Inc.
ii~spectm~~ yep®rt
The following orders were issued during this inspection.
2 CARE'g'AI~R
02A~
4630.0300. Repair or replace damaged floor surfaces within the toilet and/or shower building to be easily
cleanable and maintained in sound condition.
SHOWER HOUSE CLOSEST TO ENTRANCE: REPAIR CONING IN MEN'S SHOV4TER; FURTHEST
STALL.
SHOWER HOUSE FURTHEST FROM ENTRANCE: 1) REPLACE MISSING FLOOR TILE IN THE
MENS SHOWER. 2} REPLACE MISSING FLOOR TILE IN BOTH THE WOIvIAN' S SHOWERS.
Corr~ply By: 08/21/09
14 B®T'I'LEI~ SAS
.14<~.4
4630.1500. Firmly mount all bottled gas containers in an upright position.
RESTRAIN BOTTLED GAS CONTAINERS WITH CHAINS, ROPE, CORDS, OR IN RACKS.
Con7ply By: 08/14/09
N®TE: Plans and specifications must be submitted for aeview and approval prior to new consta-uction, remodeling or
alterations to the premises o~• its facilities.
I acknowledge receipt of the Minnesota Department of Health inspection
report number 7977091005 of 08/14/09.
Signed: •
~~
JULIA HIGGINS
OWNERS HELPER
Signed:
Kent B Johnson
Public Health Sanitarian
St. Cloud
320-223-7321
Kent. Johnson@health. state. mn.us
Wapiti Park alterations
16-J u I-10
Lot number Description
7 Rigid sanitary waste pipe
17 Deck
23 Permanent skirting, window air conditioner
29 Shed, window airconditioner
31 Permanent stairs
33 Permanent stairs, kennels, skirting
R73 Skirting, path, and shed
R5 Permanent deck
34 Permanent deck
32 Permanent shed, insulation, rigid waste pipe
30 Insulation
24 Addition, Deck
20 Deck
18 Shed
16 Park module (216)
14 Decking
R43 Decking, snowmobile
R16 Steps, overgrowth
Unnumbered Shed, snowmobile, rigid pipe
Unnumbered rigid pipe