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RESOLUTION NO 2007-051 RESOLUTION APPROVING A PRELIMINARY PLAN, PRELIMINARY PLAT, AND OPEN SPACE DEVELOPMENT CUP FOR WHISTLING VALLEY THIRD ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Lake Elmo has adopted zoning regulations in the Municipal Code to promote orderly development and utilization of land within the city; and, WHEREAS, Robert Forsythe ( "Applicant ") is owner of property ( "property ") in Lake Elmo which is legally described as follows: That part of the Southeast Quarter of the Southwest Quarter of Section 27, T.29,12.21, Washington County, Minnesota described as follows: Beginning at the south quarter corner of said Section 27; thence north along the east line of said Southwest Quarter for 200 feet; thence west along a line parallel with the south line of said Section 27 for 218 feet; thence north along a line parallel with said cast line for 50 feet; thence west along a line parallel with said south line for 32 feet; thence north along a line parallel with said east line for 120 feet; thence east along a line parallel with said south line for 250 feet to the east line of said Southwest Quarter; thence north along said cast line for 901 feet, more or less, to the northeast comer of said Southeast Quarter of Southwest Quarter; thence west along the north line of said Southeast Quarter of Southwest Quarter for 690 feet; thence south and parallel with said east line of said Southwest Quarter to the south line of said Southwest Quarter; thence cast along said south line for 690 feet to the point of beginning. EXCEPT the following described tract: that part of said Southeast Quarter of the Southwest Quarter described as follows: Beginning at the south quarter comer of said Section 27; thence north along the east line of said Southwest Quarter for 200 feet; thence west along a line parallel with the south line of said Section 27 for 218 feet; thence north along a line parallel with said east line for 50 feet; thence west along a line parallel with said south line for 32 feet; thence north along a line parallel with said east line for 123 feet; thence west along a line parallel with said with line for 440 feet; thence south along a line parallel with said east line to its intersection with said south line; thence east along said south line for 690 feet to the point of beginning. Subject to easements and reservations. WHEREAS, the property is located within the RR zoning district; and, WHEREAS, the Applicant is requesting approval of an Open Space Preliminary Plan; and WHEREAS, the Applicant is also requesting approval of an Open Space Preliminary Plat; and, WHEREAS, the Applicant is also requesting approval of a conditional use permit for Open Space development of the property; and WHEREAS, the Applicant is also requesting five (5) deviations from standard open space development standards; and WHEREAS, the Planning Commission reviewed the requests and held a public hearing on said items on May 14, 2007; and WHEREAS, the Planning Commission recommended approval of the requests and deviations subject to conditions; and