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RESOLUTION NO 2009-032 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOL UTION APPRO VING A BUFFER SETBACK RED UCTIONIN THE TANA RIDGE AND PARKVIEW ESTATES DEVELOPMENTS WHEREAS, Tana Ridge and Parkview Estates are zoned OP and were developed under the Open Space Preservation zoning requirements; and WHEREAS, the existing ordinance requires a setback of 200 feet from the abutting parcel of the development for any structure or driving surface not established at a 90 degree angle unless otherwise approved by the City Council; and WHEREAS, there is no record of the City Council reducing the buffer setback for either the Tana Ridge or Parkview Estates development; and WHEREAS, the City Council considered said matter at its July 7, 2009 meeting. NOW, THEREFORE, based on the comments and information received, the City Council finds as follows: a) That the Tana Ridge and Parkview Estates developments were approved under the OP zoning district requirements and were therefore not approved as a Conditional Use Permit and can thereby be amended without a public hearing. b) That the City Council did not provide previous approval of a reduction to the required buffer setback at the time of the development approval. c) That the existing ordinance as written renders construction on a majority of the properties to be non - conforming and many remaining of the platted properties essentially unbuildable. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: 1) The buffer setback will be reduced from 200 feet to 50 feet from the abutting properties on the East and West boundaries • the Tana Ridge development.