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Lake Elmo Park Reserve property to the south but will enhance the current views from <br />the park to the applicants 'property. <br />12) The Council is disinclined to grant variances to permit encroachments into open space <br />buffers and looks upon them with disfavor. However, it finds the following unique facts <br />affecting this property and support the granting of a variance here: <br />a. The improvements are to be located at ground level or below thus eliminating or <br />reducing visual impact. <br />b. Both adjoining properties have the same type of improvement as that proposed <br />here with one being more intensely encroaching. <br />c. The parcel affords good opportunity for screening and screening trees will be <br />planted (and maintained as growing) pursuant to the direction of the City. <br />d. Additional buffering is provided to and from the Park Reserve and the topography <br />here renders the pool and spa unobtrusive. <br />1. Outlot A must not be used for material storage, vehicle travel, or other activities that <br />would be in violation of the conservation easement during the construction process. <br />2. A revised landscaping plan must be submitted prior to the issuance of a building <br />permit for the pool identifying at least two staggered rows of evergreen trees along the <br />rear of the property in a saw tooth design to create a visual buffer from the Lake Elmo <br />Regional Park Reserve. The trees shall not be less than four feet (4') in height and <br />maintained as growing. <br />Based on the foregoing, the Applicants' application for a Variance is approved. <br />Passed and duly adopted this 2"a day of June 2009 by the ouncil of the <br />Minnesota. plx� zl-� Pdy of <br />0 <br />Dean A. Johnston, <br />