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2020-043
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2020-043
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permits prior to the commencement of any construction activity on the <br />parcel. <br />i. The City finds that the School District has violated Condition No. 3. <br />a. The City finds that the School District has constructed a <br />temporary septic tank on the Property without a permit and that <br />Washington County has not approved the School District's use of the <br />temporary septic tank. <br />b. The City also finds that the School District installed a fire <br />alarm (heat and smoke detection) system that required a permit under <br />the Minnesota State Fire Code, but failed to get a permit. <br />C. The City further finds that the School District's decision to <br />occupy and utilize the Property renders the failure to seek the <br />appropriate approvals troubling. The permitting approvals are <br />designed to protect the health, safety, and welfare, of the employees <br />and persons using the Property as a transportation center as well as <br />the public at large. The School District is responsible for this <br />violation not the City or the Developer. <br />C. Condition No. 9. Condition No. 9 provides that the property shall be <br />connected to City sewer and water prior to the operation of the bus terminal. <br />i. This condition does not allow use of the Property under any <br />circumstances until connection to City sewer and water. The requirements <br />are unequivocal. <br />I The City finds that the School District has violated Condition No. 9. <br />a. The School District has used the Property since at least mid - <br />October 2019. The Property remains unconnected to City sewer and <br />water. <br />b. The City further finds that the School District created the <br />conflict with the CUP. There would be no violation of Condition No. <br />9 absent the School District's determination to move onto and utilize <br />the Property despite the prohibition in the CUP. The School District <br />is responsible for this violation not the City or the Developer. <br />D. Based on the foregoing violations, and pursuant to City Code § 154.106(J) <br />and § 10.99(A)(1)(b)&(B)(5), the City has sufficient grounds to terminate the CUP. <br />--- - - E. - --Misrepresentation. In addition,, City Code-§40.99(A)(1)(c-)-and (B)(5) - <br />working together, provide that the City may void an approval if a person knowingly <br />makes or submits a false statement or document or knowingly makes a material <br />omission in connection with an application or procedure required by this Code. The <br />15 <br />
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