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Other Considerations <br />City staff have identified additional considerations for the Council moving forward. While these issues do not <br />inherently affect approval of the current subdivision, staff want to ensure the Council is aware of them. <br />Sewer and Water Connection: <br />Note: City Code Section 5.08.080 states that properties such as this one that is within the MUSA must connect to <br />City sewer and water within two years of it becoming available at the site and ahead of selling property. <br />•RLS/minor subdivision approval is a planning/zoning act, not a sale, conveyance, or transfer of property <br />ownership <br />Property Use <br />•This application is not for a change of use. <br />•Applicants have proposed alternate language to the conditions of approval that point to Minnesota Statutes <br />Section 462.357, 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 approval with this <br />reference because at this time, the City has not made the determination on whether there is an established <br />legal nonconforming use. <br />•City staff believes 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.