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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2023-055 RESOL UTION APPROVING THE FINAL PLAT, PUD, AND SHORELAND VARIANCE REQUEST FOR THE AMIRA LAKE ELMO PROJECT (PID 33.029.21.44.0009) WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that includes background data, policy statements, standards, and maps that help to guide the future physical, social, and economic development of the City; and WHEREAS, the City of Lake Elmo approved a Comprehensive Plan Amendment from BP to MU -BP, a zoning map amendment, an Eagle Pointe PUD amendment, and a preliminary plat and PUD plan for a 103 unit multi -family residential development on April 7, 2020; and WHEREAS, in 2022, through Resolution 2022-102, the City of Lake Elmo approved an amendment to the Preliminary Plat and PUD, along with a Comprehensive Plan Amendment from MU -BP (Mixed Use Business Park) to HDR (High Density Residential) to allow for the applicant to increase the proposed number of units to 146 multi -family units; and WHEREAS, the Applicant, United Properties, has requested a Final Plat and PUD with the plans submitted to the City on February 13, 2023 along with subsequent revisions; and WHEREAS, the applications for Final Plat and PUD were not found by the city to be complete until March 28, 2023; and WHEREAS, the Minnesota Department of Natural Resources Area Hydrologist has commented that a Shoreland Variance is also required for the City to approve the request in the Shoreland Overlay District which varies from lot coverage and building height requirements; and WHEREAS, the Applicant submitted a complete variance request on February 23, 2023 to vary from the building height and lot coverage requirements in the City's Shoreland Management Overlay District, which is on this property established as a 300 foot buffer from the Ordinary High Water Level of the Unnamed Tributary to Wilmes Lake; and WHEREAS, notice was published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 105.12.250 for the requested shoreland variance at the Planning Commission and PUD Ordinance 2023-12 at the City Council; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on April 10, 2023 and voted to recommend approval of the variance request to the lot coverage and building height standards in the City's Shoreland Management Overlay District as stated and with the findings of fact proposed in the Planning Staff Report dated April 10, 2023; and