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CITY OF LAI(E ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2020-004 A RESOLUTIONDENYING A REQUEST BY THE STILL WATER SCHOOL DISTRICT TO AMEND ITS CONDITIONAL USE PERMIT (RESOLUTION 2018-77) TO OPERATE A SCHOOL DISTRICT TRANSPORTATION CENTER FOR THE PROPER TY ADDRESSED AS 11530 HUDSON BOULE VARD NORTH WHEREAS, the City of Lake Elmo (the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Stillwater Area School District, 1875 Greeley Street South, Stillwater, MN 55082 (the "Applicant") has submitted an application to the City for an amendment to the Applicant's existing conditional use permit for the Applicant to operate a transportation center (bus terminal) (the "CUP") located on the property at 11530 Hudson Blvd N (PID# 36.029.21.43.0004) (the "Property"); and WHEREAS, by Resolution 2018-077, on July 17, 2018, the City Council approved the Applicant's CUP to operate the transportation center on the Property; and WHEREAS, one of the conditions in the CUP is that the Property must be connected to City sanitary sewer and water prior to the operation of the bus terminal; and WHEREAS, the Property is a part of the Four Corners I" Addition plat that was approved by the City Council in 2018 and a condition of the plat approval was that the developer was to construct sanitary sewer and water facilities in order to bring sanitary sewer and water service to the Property (the "Improvements"); and WHEREAS, the developer of Four Corners 1" Addition was to complete the Improvements no later than October 31, 2019, but as of this date, construction has not commenced and the City has not received any written assurance from the developer that the Improvements will be constructed any time in the near future; and WHEREAS, because the Improvements have not been installed and the Applicant has not been able to connect the Property to sanitary sewer and water, the Applicant requested an amendment to its CUP to amend Condition #9 of the CUP in order to allow the Applicant to operate the bus terminal on the Property using the well and septic system (septic tank and temporary toilets) either until the Applicant connects to City sewer and water or until December 31, 2020, whichever comes first; and WHEREAS, notice of the Applicant's proposed amendment to its CUP has been published, mailed, and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on December 9, 2019; and