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t �, l CITY-87-012-BC . � 2-2101-1222-3 . STATE OF MINNESOTA � OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF ORONO In the Matter of the Certificate of Occupancy FINDINGS OF FACT, of Chartes Henke, 3536 Lyrit CONCLUSIONS AND Avenue, Wayzata, MN 55391 RECOMMENDATION The above-entitled matter came on for hearing before Bruce D. Campbell . Administrative Law 3udge from the Minnesota Office of Administrative Hearings. acting as Hearing Offlcer for the City of Orono� in Minneapolis, Minnesota on January 30, 1987, pursuant to a Notice and Order for Hearing dated December 31 , 1986. Appearances: Kathleen A. Blatz. Attorney at Law, 4344 IDS Center, Minneapolis, Minnesota 55402, appeared on behalf of the City of Orono (City or Complainant> ; and Charles Henke, 3536 Lyric Avenue, Wayzata, Minnesota 55391 (Mr. Henke) , appeared on his own behalf without counsel . The record herein closed on February 20, 1987, after receipt by the Administrative Law Judge of the final post-hearing brief. Following the issuance of this Report, `.he matter will be consldered by the Orono City Council which has the ultima�e authority to accept, modify, or re�ect any of the Findings or Concluslons, as well as to make the�finat decision regarding the Certificate of Occupancy issued to Charles Henke for the property at 3536 Lyric Avenue. Wayzata, Mlnnesota 55391 . Persons desiring to file exceptlons to this Repc�t must do so within ten days of the date of this Report. Except�ons should be speclfit and must be � served on the opposing party and filed with the City Clerk of the City of Orono. Ner address is: Dorothy Ha111n, �City Clerk. 1335 South Brown Road, Orono, Min�esota 55323. Persons desiring to appear before the City Councit in connection with this matter should, atso, contact the City Clerk of the City of Orono to determine the meeting at which the City Council will conslder this Report. The provisions of the Minnesota Administrative Procedures Act relating to contested cases, Minn. Stat. §§ 14.57 - 14.69 (1986) , do not apply„to this proceeding. . . . ' . . � � , STATEMENT OF ISSUES - - - ' 7he issues to be determined in this proceeding are whether the Conditional Certificate of Occupancy issued to Charles Henke for the property� located at 3536 Lyric Avenue. Wayzata, Minnesota 55391 is void for failure to install footings and a foundation and repair the roof, and, ff so, whether the � building must be vacated.