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6 <br />After further review and discussion among staff, legal counsel, the Applicants, and the property <br />owners, City staff have identified additional considerations for the Council moving forward. <br />While these issues do not inherently affect approval of the current subdivision, staff want to <br />ensure the Council is aware of them. <br />Sewer and Water Connection <br />As mentioned previously, during review of this application, City staff identified a public works <br />ordinance (City Code Section 5.08.080) which requires sewer and water connections ahead of a <br />sale or transfer of the property. Review of this project has highlighted a gap between policy and <br />implementation/enforcement. The Council should discuss how the City should approach this <br />issue and provide direction to staff in the future regarding the timing of water and sewer <br />connections. A code amendment may be necessary depending on Council direction. <br />Note: In this case, it is anticipated that the property will be sold which will require sewer and <br />water connections prior to the transfer. <br />Property Use <br />While this application is not for a change of use, the Applicants have proposed alternate <br />language to the conditions of approval that point to Minnesota Statutes Section 462.357, <br />subdivision 1(e) which refers to there being a legal non-conforming use on the property. While <br />the reference is understandable, staff have chosen not to update the proposed conditions of <br />approval with this reference because at this time, the City has not made the determination on <br />whether there is an established legal nonconforming use. In addition, it has no effect on whether <br />the Applicants must comply with Section 5.08.080 of the City Code or the other conditions of <br />approval that relate to the subdivision of the property. The City has requested the Applicants <br />provide documentation or evidence of a legal nonconforming use. However, City staff believes <br />that Conditions of Approval 6 and 7 as written accomplish the same goals and are authorized <br />pursuant to City Code Section 5.08.080. <br />RECOMMENDATION: <br />Staff recommend that the City Council’s approval of RLS No. 132 with conditions outlined in <br />the staff report. <br />SUGGESTED MOTION: <br /> “Move to approve of proposed Resolution 2025-080 approving RLS No. 132 for the property <br />located at 3481 Laverne Avenue N. based on the findings of fact and the conditions presented <br />in the staff report.” <br />Alternate Motion: <br />“Motion to amend Resolution 2025-080 as directed by City Council and bring back to the <br />December 18th meeting.” <br />LA515\161\1061684.v3