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b. The Property was originally a 5-acre site and developed by the <br />School District into an 11-acre acre site to accommodate its proposed <br />use. <br />c. The School District requested that the Property be rezoned to <br />Business Park and requested an amendment to allow bus terminals as a <br />conditional use in that district. <br />d. The Property is within the Business Park zoning district, which is a <br />sewered zoning district in the Comprehensive Plan. (Ex. 18, at p. 6). The <br />Comprehensive Plan provides that septic systems are allowed for land <br />uses "outside of the planned sewer services." <br />e. Because the Property is within a MUSA district, it was required to <br />connect to City water and sanitary upon development. Consequently, the <br />City made it an express condition in the CUP that it be connected to <br />municipal sewer and water before occupation and use. (Ex. 2, p. 4 <br />[Condition No. 9]) <br />f. Since it is not connected to City water and sanitary sewer services, it <br />is in conflict with the requirements of the MUSA district, as outlined by <br />the Comprehensive Plan and the use should not be allowed to continue <br />due to this conflict. <br />g. Finally, the School District's application is premised on their <br />continued interim use of the Property (which has occurred since October <br />2019) until August 30, 2020 with its unpermitted temporary septic tank. <br />The temporary septic tank does not comply with the Comprehensive <br />Plan. <br />h. Even if outside the planned sewer service areas, which the Property is <br />not, the Comprehensive Plan provides that the Property must still comply <br />with Chapter 4: Subsurface Sewage Treatment Systems Regulations of <br />the Washington County Development Code as adopted by reference by <br />the City of Lake Elmo. (Ex. 18, at p.9-13). According to Washington <br />County, the size of the temporary tank is not sufficient as it does not <br />meet the requirement of MN Rule Chapter 7080 or Washington County <br />Ordinance No. 206. (Ex. 21). Ordinance No. 206 and Chapter 4 of the <br />Washington County Development Code are the same regulations. (Ex. <br />26). Consequently, the temporary septic contravenes the Comprehensive <br />Plan. Because the fiirther use of the temporary septic is integral to the <br />School District's amendment request, the request must be denied. <br />I The City finds that the proposed use of the Property with a temporary <br />- septic system will be hazardous -or -create a -nuisance, as- defined -under -- <br />Chapter 154, to existing or future neighboring structures. City Code § <br />154.106(A)(7) <br />15 <br />