RES 14-15 City of
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Resolution 14- 15
A Resolution of the City of Elk River Denying an Application for an Interim
Use Permit and Establishing Findings of Fact Therefore
WHEREAS, on Januarys 2, 2014,juanita Glenn (Applicant) submitted an Application for
an Interim Use Permit (1UP) f(-,)r the store building),located at Wapiti Park Campground; and
WHEREAS, Applicant and her representatives subsequently submitted additional
information in support of the Application for an 1UP,includinga letter dated Februaiy 26,
2014, from_James Robin, attorney far the Applicant; and
WHEREAS, The City of FIk River Planning Commission conducted a public licaliP, on
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the Application for an 1UP on ,April 8, 2014, after proper publication and due notice thereof
as required by Ordinance and Statute; and
WHEREAS, the Planning Co mission took action on April 8, 2014, to recommend that
the City Council deny the Application for an I UP; and
WHEREAS, on .April 21, 2014, the City Council conducted a public hearing on the
Application for an I UP, after proper publication and due notice thereof as required bN
(Ordinance and Statute.
NOW, THERFORE, the City Council of the City of 1`11k Rtj�er makes the following
findings of fact and decision with respect to the Application of_Juanita Glerin for an Interim
Use Permit for the store building located at Wapiti park:
FINDINGS OF FACT
1. The Minticsota Supreme. Court, in a decision dated I)cccmbcr 4, 2013, has
determined that"Wapiti park may not lawfully use the building until it obtains renewal of
the Interim Use Permit and complies With the conditions of the Permit."
2. Wapiti Park Campground is located within the City of.L.1k I dver's Shoreland
Management Overlay Zoning District.
3. The City is required, by Minnesota Statutes, Chapter 103F and Minnesota
Rules, Parts 6120.2500 to 6120.3900, to adopt shoreland zoning regulations that comply with
the state statute and regulations.
4. The City has adopted shoreland regulations, as required by state statute and
regulations, in Section 30-1961, et ,e ., of the City of Elk River (...ode of Ordinances,
governing all land uses located within shoreland areas.
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NATURE,j
5. Minnesota Rules, Part 6120.3400, Subpart 3(B) requires that all private
sewage treatment systems must meet or exceed applicable rules of the Minnesota
Department of Health, the Minnesota Pollution Control Agency, specifically Chapter 7080
for individual sewage treatment systerns, and any applicable local government standards.
6. Minnesota Rules, Part 6120.3400, Subpart 3(D) requires that local
governments must develop and implement programs to identify and upgrade sewage
treatment systems that are inconsistent with the ScwagcTreatlnent System Design Criteria,
and that these Programs must require reconstruction of existing nonconforming sewage
treatment systems whenever a permit or variance of any type is required for any
improvement on, or use of, the property.
7. Section 30-1986 of the City of F lk River Shoreland Ordinance requires that a
sewage treatment s�Tstem not meeting the requirements of City Code must be upgraded, at a
ininit-nurn, at any tune a pern-ut or variance of at-IV type is required for any improvement on,
or use of, the property.
S. Pursuant to the applicable Minnesota Statutes, Minnesota Rules and the
City's Shoreland Zoning Ordinance, the sewage treatment systems serving r Wapiti Park
Campground, if they do not meet the current requirements of state law and regulation, must
be upgraded before a permit of an), type may be approved for use of the Property. This
includes an Interim Use Permit for the store building.
9. In the February 26, 2014,. letter from Applicant's attorney, Applicant
indicates that the store building is served by a septic systern consisting of two tanks and a
drain field on the north side of the building, but that the Applicant does not have records as
to the size of the system, does not know when the system was built, does not have any plans
or any copies of air), permits for the system and does not have copies of any inspection
reports for the systeni. The Applicant also indicated that there are two additional septic
systems on the campground property,but provided no inforti-iation as to the size, installation
date, plans, permits or inspection records for these systems.
10. Pursuant to the applicable Minnesota Statutes, Minnesota Rules- and the
City's Shoreland Ordinance requirements, the City must determine whether the existing
septic systems at Wapiti Park Campground meet the current state standards before any
peri-nit,including the I UP, can be approved for use of the property.
11. The Applicant has submitted no inforn-lationfrorn which it can be
determined whether the existing septic systems at the campground meet current state
standards.
12. The City is prohibited by state law and city ordinance from approving the
IUP if the septic systems have not been inspected and found to be in compliance with the
state standards.
13. City Code Section 30-901 requires that parking and drive areas by defined by
curb and gutter to control storm water runoff. The application does not include the required
curb and gutter.
p 0 0 1 R f I B T
NATURE]
DECISION
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ER
River, Minnesota, as follows: based on the findings of fact set forth above, denies the
Application of Wapiti Park Campground for an Interim Use Permit for the store building
because the septic systems serving the store btffldii-ig and the balance of Wapiti Park
Campground have not been *inspected and found to be in compliance with state standards.
Passed and adopted this 21" day of April, 2014.
4 11 !n� Dietz,M4yor
ATFEs,r:
Tina Allard, City Cler`-
PO
R E I N T
[N' ATURE.]