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RESOLUTION 90-33 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA A RESOLUTION REQUESTING RELIEF FROM THE FEDERAL HOUSING ADMINISTRATION (FHA) REQUIREMENT TO MEET THE METROPOLITAN COUNCIL GENERAL RURAL USE DENSITY POLICY. WHEREAS, It has been brought to the attention of the City of Lake Elmo that the Federal Housing Administration (FHA) has recently implemented procedures which deny FIiA loan approval in communities which minimum lot size policies are not in conformance with the policies adopted by the Metropolitan Council, and as amended in 1987; and WHEREAS, The City of Lake Elmo has adopted and has submitted to the Metropolitan Council for review its 1990 Comprehensive Plan adopted August 21, 1990 to develop areas within the general rural use area of the City at a density less than 1:10/4:40 as adopted by the Metropolitan Council in 1982; and WHEREAS, The City of Lake Elmo does not confer to the Metropolitan Council (a regional planning advisory body) the ability to plan its growth but rather intends to retain that local control as provided by Minnesota Statutes 462.358, et al; and WHEREAS, It is the opinion of the City of Lake Elmo that the denial of funding from the FHA is confiscatory, an unlawful taking of private property without compensation, an unnecessary and unlawful interference with local government prerogative, and a grossly unfair treatment of private property rights; and WHEREAS, It is the opinion of the City of Lake Elmo that the adoption of the exclusionary policies by the FHA is similarly unlawful, unwarranted and unconstitutional; and WHEREAS, The City of Lake Elmo has in force and effect those Ordinances which protect such amenities as Shoreland Management, Flood Plain Management, and further regulates residential development by adoption of such Ordinances as On -Site Septic System Regulations, Zoning Requirements, Platting Requirements, etc., all of which work toward protecting the general health, welfare and safety of the residents of the City of Lake Elmo; NOW, THEREFORE, BE IT RESOLVED, By the City of Lake Elmo, Washington County, Minnesota, that: I. The Federal Housing Administration comply with the authority and responsibilities set forth in 24CFR Part 52 "Intergovernmental Review of HUD Programs", and the Final Rule Implementing Execution Order 12372., "Intergovernmental Review of Federal Programs" effective September 30, 1983.