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RESOLUTION NO 2009-022 <br />A RESOLUTIONAPPROVING VARIANCES FROM THE 100FOOTBUFFER SETBACK <br />REQUIRED FROM THE EDGE OFAN OPEN SPACE PRESERVATIONDISTRICT TO <br />ALLOW THE CONSTRUCTION OFANIN-GROUND POOL AND SPA AT 2931 JONQUIL <br />TRAIL NORTH <br />WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing <br />under the laws of the State of Minnesota; and <br />WHEREAS, Vladimir and Silvia Hugec, 2931 Jonquil Trail North (the "Applicants"), <br />have submitted an application to the City of Lake Elmo (the "City") for a twelve foot variance <br />from the 100 foot buffer setback from the edge of an Open Space Preservation development at <br />2931 Jonquil Trail North to allow the construction of an in-ground pool and spa as shown on <br />Exhibit A as attached, a copy of which is on file with the City; and <br />WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo <br />Zoning Ordinance, Section 154.017; and <br />WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter <br />on March 9, 2009; and <br />WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation to <br />the City Council as part of a Staff Memorandum dated March 17, 2009; and <br />WHEREAS, the City Council discussed the application on March 17t" and reconsidered <br />said matter at its June 2, 2009 meeting. <br />NOW, THEREFORE, based on the testimony elicited and information received, the <br />Board of Adjustment makes the following: <br />OAS, <br />1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning <br />Ordinance, Section 154.017. <br />2) That all the submission requirements of said 154.017 have been met by the Applicant. <br />