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reserves the right for the City to order removal of the driveway that is located on the alley. City staff <br />is reconunending approval of the attached resolution based on the following findings. <br />1.The Highwood Lake Minnetonka Plat was established in 1917 and the streets and <br />alleys in the plat were dedicated for public use forever. <br />2.The subject property is adjacent to a 20 foot wide platted alley in the Highwood Lake <br />Minnetonka plat <br />3.The residence on the subject property was constructed sometime prior to 1970 with <br />a single car garage that had driveway access from Highwood Road. Since this time, <br />there have been several building permits issued for renovation and remodeling of the <br />residence <br />On October 21, 1983, the City of Orono issued building permit number 5152 for <br />removal of the existing single rar garage and construction of a new two car <br />garage. The survey with the building permit shows the garage doors facing the <br />platted alley with a 10-foot setback from the property line to the front of the garage. <br />5.The location of the garage doors with a 10-foot setback from the edge of the platted <br />alley definitively shows that a portion of the driveway needs to be located on <br />the alley to provide access to the garage. A sur\ey of the alley that was completed <br />2002 for a proposed storm water project shows a portion of the driveway for the <br />subject property on the platted alley <br />6.The driveway shown on the planed alley is an appropriate use as one of the <br />functions of platted streets and alleys is to provide access to private property <br />within the plat. <br />7.The driveway on the platted alley does not adversely impact or create an <br />obstruction for public use of the platted alley as the public can easily travel <br />across the driveway to access the alley <br />The following conditions in the resolution should adequately protect the City and clarify that <br />granting permission for this driveway on the platted alley does not grant the property owners any <br />additional property rights or restrict the public access rights to this platted alley. <br />!.The existing driveway can remain in use across the platted alley as long as the <br />existing house and garage remain on the property. In the event of future removal of <br />the house and garage for redevelopment of the property, the City reserves the right <br />to terminate the use of the driveway on the alley and require driveway access from <br />Highwood Road to serve the property. <br />Page 2 of 3