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City made it an express condition in the CUP that it be connected to municipal sewer and water before occupation and use. (Ex. 2, p. 4 [Condition No. 9]) g. Since it is not connected to City water and sanitary sewer services, it is in conflict with the requirements of the MUSA district, as outlined by the Comprehensive Plan and the use should not be allowed to continue due to this conflict. It is not adequately served by essential public facilities at this time, which merits denial of the amendment request. h. The School District argues that language in the City Engineer's Memorandum, dated March 19, 2020 (Ex. 14) compared with the Engineer Memorandum, dated May 30, 2018 (Ex. 7) and incorporated into the CUP conditions, indicates that the City does not, in fact, require connection to sewer and water. The City finds the School District's argument unavailing. At the time of the original CUP application, based upon rezoning, redevelopment, and the Comprehensive Plan, the City determined that the Property needed to be connected to water and sewer. The School District now wants to unwind a primary condition of that approval. The School District ignores that the March 19, 2020 Memorandum expressly calls out this issue. For example, it states, "The proposed site is guided in the City's 2040 Comprehensive Plan for public sanitary sewer that would discharge to the MCES Cottage Grove Ravine Interceptor. Therefore, provisions for connecting to the municipal sanitary sewer service should be included with the application. Instead, the application makes a request for continued use existing and proposed on -site septic systems and drainfrelds until sanitary sewer is available to the site." The City Engineer's March 19, 2020 memorandum merely represents the City Engineer's attempt to address an application which is contrary to the previous approval and conditions. i. Furthermore, the School District's application is premised on their continued interim use of the Property (which has occurred since October 2019) until August 30, 2020 with its unpermitted temporary septic tank. For the reasons stated previously, the temporary septic tank is not adequate because it doesn't comply with Washington County regulations or the City's Comprehensive Plan. Application of City Code § 10.99 Violating Conditions of Approval - § 10.99(A)(1)(b) B. City Code § I 0.99(A)(1)(b) prohibits violating, failing to comply with, authorizing, or permitting the violation of the terms and conditions of a city - - approval, including permits and license. The City finds that the School -District is using the Property in violation of the terms of its CUP as follows: 17