RES 11-17Resolution No. I I -17
• City Council
City of Elk River
A Resolution of the City of Elk River Regarding the Interim Use Permit for
the Store Building at Wapiti Park Cam round
Findings of Fact
1. Wapiti Park Campground has been located within the City of Elk River since the
merger of the old CitST of Elk River and Elk River Township in 1978.
2. In 1983, Wapiti Park Campground was rezoned from A-1 /Agricultural to R-
1b/Single Family Residential, and the Elk River Zoning Ordinance was amended to allow
campgrounds in the R-1b in the zoning district as a conditional use.
3. In 1984, a Conditional Use Permit was issued for Wapiti Park Campground, subject
to nine conditions.
4. Between 1984 and 1988 the Elk River Zoning Ordinance was amended to remove
campgrounds as a Conditional Use in the R-1b zoning district and Wapiti Park Campground
became a legal non-conforming use.
• 5. In 1999, the Wapiti Park store building burned completely down. At that time, the
Elk River Zoning Ordinance did not allow the reconstruction of anon-conforming use
destroyed beyond 50%.
6. In 2000, Wapiti Park Campground requested a Conditional Use Permit to rebuild the
store building. Because the campground was no longer a conditional use, the application
was treated as an application for an Interim Use Permit. Because it was anticipated that the
campground would be sold and developed within 10 years, the Interim Use Permit was
approved for 10 years.
7. The 10 year Interim Use Permit approved in April, 2000 for the Wapiti Park
Campground store building expired in April, 2010.
8. Wapiti Park Campground applied for a new Interim Use Permit for the store
building, for an additiona110 years, in June, 2010.
9. On August 2, 2010 the Elk River City Council granted a 10 year Interim Use Permit
(IUP) for the Wapiti Park Campground store building, subject to a number of conditions.
One of the conditions was that the IUP would terminate on January 1, 2011, unless certain
conditions set forth on the resolution of approval were addressed.
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10. On December 20, 2010, the Elk River CitS=Council extended the IUP for the Wapiti
Park Campground store building to January 18, 2011, and directed CitST staff to prepare a •
resolution for City Council consideration regarding the IUP.
11. Wapiti Park Campground is licensed as a "recreational camping area" pursuant to
Minnesota Statutes, Chapter 327. "Recreational camping area" is defined by that statute as
including:
any area, whether privately or publicly owned, used on a daily, nightly, weekly or
longer basis for the accommodation of fi~=e or more tents or recreational camping
vehicles free of charge or fox compensation.. .
12. "Recreational camping vehicle", is defined by Chapter 327 to include 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
~Tacation, constructed as an integral part of aself-propelled v ehicle; and
(d) any folding structure, mounted on wheels and designed fox travel, recreation,
and vacation use.
13. Chapter 327 provides that recreational camping areas and recreational camping
vehicles are for "temporary", "travel, recreation and vacation" uses.
14. Chapter 327 of Minnesota Statutes also regulates manufactured home parks, which
are intended for permanent occupancy by the residents of the manufactured home parks.
Wapiti Park is not licensed as a manufactured home park.
15. In 1984, in connection with the application of Wapiti Park Campground fox a
Conditional Use Permit, staff research indicated that there were permanent residents living
in Wapiti Park Campground and a number of vehicles and structures which did not conform
to the definitions of recreational camping areas and recreational camping vehicles in Chapter
327. Conditions were included in the 1984 Conditional Use Permit incorporating the
requirements of Chapter 327 into the Conditional Use Permit, requiring wheels to remain on
vehicles parked in Wapiti Park Campground, and requiring that there be no permanent units
for rental purposes.
16. In 2010, in connection with the application for a second ten year Interim Use Permit
fox the Wapiti Paxk Campground store building, City staff investigation and analysis, as well
as testimony taken and information obtained during the public hearing process on the
Interim Use Permit, has revealed that:
a. Conditions number 8 and 9 of the 1984 Conditional Use Permit addressing
compliance with Minnesota Statutes Chapter 327 have not been complied with;
b. A number of campers/residents at Wapiti Park Campground have been •
residents there for a year or longer and consider it their permanent residence;
c. A number of the campers/residents are not at Wapiti Park solely for travel,
• recreational and vacation purposes;
d. A number of the vehicles located at Wapiti Park Campground are unlicensed
and taxed by Sherburne CountST as mobile homes;
e. There are a number of environmental and health concerns regarding the
operation of Wapiti Park Campground, including compliance of the septic sy=stem
with state standards and the provision of adequate facilities for the disposal of
manure and solid waste. These issues are of particular concern because of the
unmediate proximity of the Elk River and the possibilitSJ of sewage, manure and solid
waste flowing to or being deposited in the flyer.
f. There are a number of public safety concerns regarding the operation of
Wapiti Park Campground, including a large number of police calls to the
campground, many related to the issue that Wapiti Park Campground and the
vehicles and structures located there are not intended for permanent residency.
17. Despite efforts by City staff to work with representatives of Wapiti Park
Campground, the City Council finds that none of the seven conditions set forth in
Resolution No. ,dated August 2, 2010, have been met, as follows:
1. No verifiable plan has been submitted by Wapiti Park Campground, nor approved
by the City Council, to ensure that permanent residents will not live at the
recreational camping facility;
2. No report has been submitted verifying that the on-site septic system is designed to
• be functional year round and remains fully functional;
3. No evidence has been submitted that Wapiti Park Campground is in compliance
with all outstanding violations as identified by the state Department of Health
inspector;
4. Structures and vehicles located in Wapiti Park Campground which do not fall within
the definition of recreational camping vehicle in Minnesota Statutes, Chapter 327
have not been removed. In fact, at least four vehicles have been confirmed by
Sherburne County to be unlicensed and currently taxed as mobile homes;
5. Wapiti Park Campground has not come in to full compliance with conditions 8 and 9
of its 1984 Conditional Use Permit, in that the requirements of Minnesota Statutes
for recreational camping areas have not been complied with and a number of
vehicles in Wapiti Park Campground have the wheels removed and are being used as
permanent residency units. Therefore, Wapiti Park Campground is not in
compliance with the requirements of its 1984 Conditional Use Permit.
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Record
The record in this matter shall include all of the mater7als submitted to the Planlun
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Commission and the City Council in connection with the June, 2010 application of Wapiti
Park Campground fora 10 year Inte,-im Use Permit, including the staff reports and all
attachments thereto, all other written materials submitted to the Planning Commission and
CitST Council, and all staff presentations and other testimony taken at the public meetings
considering the IUP, all of which is incorporated and made a part of the findings of fact and
this resolution.
Decision
Based on the Findings of Fact set forth herein, and the record in this matter, the City
Council of the City of Elk River determines that Wapiti Park Campground has not complied
with the conditions set forth in City Council Resolution No. _, adopted on August 2,
2010, and that the Interim Use Permit fox the Wapiti Park Campground store building will
therefore empire on January 18, 2011.
THIS RESOLUTION PASSED AND ADOPTED this 18th dap of April, 2011.
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J hn D etz, M yor
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Tina Allard, City Clerk
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