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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO.2026-033 RESOL UTION APPRO VING THE REQUEST WITH CONDITIONS FOR A VARIANCE TO THE SUBDIVISION ORDINANCE SECTION 103.00.140(J, 5) REQUIRING SIDEWALK ON ONE SIDE OF ALL STREETS ON THE PROPERTYLOCATED AT 2298INWOOD AVENUE NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Rachel Development, Inc. (the "Applicant"), and Allen Eberhard, Trustee of Caroline M. Eberhard Trust (the "Owner") have submitted an application to the City of Lake Elmo (the "City") for a variance request to LEC 103.00.1400,5) to allow development of new streets without a sidewalk on the property located at 2298 Inwood Ave N PID# 21.029.21.32.0001, Lake Elmo, MN 55042 (the "Property"); and WHEREAS, notice has been published, mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 103.00.120; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on April 13, 2026; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation of approval to the City Council as part of a Staff Memorandum dated May 5, 2026; and WHEREAS, the City Council considered said matter at its May 5, 2026 meeting and directed City staff to draft a resolution approving the variance for its consideration; and NOW THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining a variance are found in Section 103.00.120 of the Lake Elmo Subdivision Code. 2) That all submission requirements of Section 103.00.120 of the Lake Ehno Subdivision Code and 105.12.320(c) of the Lake Elmo Zoning Code have been met by the Applicant. 3) That the proposed variance includes the following components: