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O. The School District admitted that the temporary septic tank was not permitted by Washington County. Washington County confirmed that it did not approve the temporary septic tank. (See also Exs. 15-16, 21.) V. OCCUPATION OF THE PROPERTY A. On August 29, 2019, the School District Board considered Agenda Item IX.E. related to "Additional Transportation Facility Design." (Ex. 8.) The staff report provided, "Because the planned development has not progressed, interim changes will be necessary for the District's students transportation provider to occupy the facility," and, "Based on the need to occupy the Transportation Facility prior to public utilities being available, Administration recommends proceeding with the proposal from Larson Engineering, Inc." (Ex. 9.) B. From August of 2019, through November 2019, City staff was unaware of plans by the School District to occupy the Property. C. In Fall 2019, the School District began utilizing the property as its bus terminal. (Exs. 8, 9, 10.) D. In its November 5, 2019. application to amend its CUP, the School District acknowledged that it was not occupying the Property pursuant to the IUP, stating, "The School District applied for and received approval for the rezoning of the property to Business Park on July 17, 2018, thereby automatically terminating the IUP." (Ex. 10, P. 1.) E. Its November 5, 2019 letter stated the following: It is important to point out a few significant facts: 1. The School District will complete all of the on -site improvements by December 1, 2019, as required in its Site Improvement Agreement with the City.... 2. Prior to construction, the City informed the School District that it could request an extension of the IUP to operate at the property using a well and septic system for a temporary period of time. Based on that direction, the School District installed a temporary septic tank, supplemented by temporary toilets. The existing well has been approved by the Minnesota Department of Health and the temporary septic services have been ap rn oved by Washington County, pending acceptance by the city and a timeline for when City services will become available. The City and School District now know that the 1UP was terminated upon the event of the rezoning, thereby making the extension of the IUP impossible. (Ex. 10, p. 2.)(emphasis added.) F. In the letter, the School District further opined on the temporary septic: 11