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CITY OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION NO. 2004-040 <br />A RESOLUTION APPROVING AN OPENT SPACE VARIANCE <br />FOR WHISTLING VALLEY <br />WHEREAS, when the Lake Elmo City Council approved Whistling Valley (First <br />Addition) in 2003, a 100 foot buffer setback to the east was permitted since OP <br />development of the lands to the east was possible due to parcel size. <br />WHEREAS, the Whistling Valley developer, Bald Eagle Development, provided <br />a landscape plan for this east property line, as is required where a 100 foot buffer is <br />substituted for a 200 foot buffer. <br />WHEREAS, the land to the east is being developed as an OP- Whistling Valley 2 "d <br />Addition. which features a sizeable outlot of Preserved Open Space abutting the eastern- <br />most lots of Whistling Valley (side yard of Lot 4, Block 5; and .rear yards of Lot 1 -3 <br />Block 6, Whistling Valley). <br />WHEREAS, Bald Eagle Development has requested a four -fifths OP Variance to <br />eliminate the 100 foot east buffer of Whistling Valley since the approved design of <br />Whistling Valley 2 "d Addition will result in no homes in proximity to those side /rear <br />yards which will enable additional flexibility as to house location on the 4 lots in <br />Whistling Valley. <br />WHEREAS, Section 301.06 of the City Code provides that "OP Developments <br />shall comply with the minimum standards unless modified by four -fifths affirmative <br />votes of the City Council ". <br />NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council <br />approves the OP Ordinance Setback variance for Whistling Valley to eliminate the 100 <br />foot buffer requirement on Lot 4, Block 5; and Lots 1 -3, Block 6 based on the purpose <br />and intent of the buffer standards are met in this case by the compatible designs of <br />Whistling Valley/Whistling Valley 2 "d Addition. <br />ADOPTED by the Lake Elmo City Council on the 4'h day of May, 2004. <br />Lee Hunt, Mayor <br />ATTEST: r~ <br />r 0, ,o <br />Charles E. Dillerud <br />Acting City Administrator <br />