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