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2020-042
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2020-042
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F. Washington County has not issued a permit for the temporary septic system. <br />As noted above, Washington County provided a letter dated April 1, 2020 regarding <br />the School District's application. As to the proposed CUP amendment and proposed <br />on -site septic, the Public Health and Environment Department acknowledged, as of <br />the date of the letter, that they had not received an application for a replacement <br />Subsurface Sewage Treatment System (septic system), and, therefore, could not <br />make an assessment whether the plan and proposed use is feasible. (Ex. 21.) <br />G. With respect to the interim use of the temporary septic, the County noted that the <br />current 3,000 gallon septic tank is not sufficient, as it does not meet the <br />requirements of MN Rule Chapter 7080 or Washington County Ordinance #206. <br />(Id.) <br />H. The County also noted that it has not commented on the capacity needed for <br />the site, contrary to the representation made by the School District. (Id.) Finally, the <br />County noted that the Utility Plan does not indicate where the replacement system <br />will be located and does not accurately depict what is currently on site. (Id.). <br />I. On April 29, 2020, the City received communication from Washington <br />County that the School District had submitted a new septic system design to the <br />County on April 28, 2020. The County provided that proposal to the City. (Ex. 33.) <br />The County provided the City a summary of the newly proposed system and <br />aclarowledged that it addressed the issues raised from the first design. (Ex. 32.) Its <br />new plans appear to address the concerns raised by the City Engineer as well. <br />VII. FINDINGS ON DENIAL <br />Conditional Use Permit Findings — City Code § 154.106(A) <br />A. City Code § 154.106(A) provides that the City Council may grant a <br />conditional use if it finds that the proposed use meets specific findings. The City <br />finds that the School District did not meet its burden to show compliance with City <br />Code § 154.106(A) and the proposed use does not comply with specific findings <br />required by City Code § 154.106(A). Pursuant to City Code § 154.106(F), the City <br />makes the following specific findings which require denial of the application and <br />requested amendment: <br />i. The City finds the proposed use of the Property with a temporary <br />septic and a permanent septic system does not conform to the City of Lake <br />Elmo Comprehensive Plan. City Code § 154.106(A)(2). <br />a. The City approved the development of the parcel and the previous <br />Conditional Use Permit with the expectation and requirement that the <br />Property as developed be connected to sanitary sewer and water <br />facilities. — -- — - <br />14 <br />
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