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HomeMy WebLinkAboutViolation_02102012 � O� O ;, O CITY of ORONO �a; , Municipal Offices .,:=, � r�i,�����,,� L �•, Street Address: Mailing Address: � �Y ��. �.`,,.,!� ,� 2750 Kelley Parkway P.O. Box 66 ,� �E y+��' � �' G Orono, MN SS356 Crystal Bay, MN 55323-0066 �kEB��'� 21 March 2012 David &lodi Rahn 1385 Rest Point Rd Mound, MN 55364 RE: Follow-up February 10, 2012 letter 1385 Rest Point Road/PID: 07-117-23-33-0011 Dear Dave: As a follow-up to our February 10, 2012 letter regarding compliance with the provisions of Resolution No. 4834, City staff recently performed an inspection of your detached garage. We noted that the 4-foot partition installed at the midpoint of the +16-foot door opening leaves two 6-foot openings and does meet the City's intent for the structure to be converted to a "storage building'. We would note that as the pre- existing ±16-foot door continues to exist behind the exterior separation framing, in the future if the separation framework is removed noncompliance would potentially again become an issue. Regarding permit#P05682 noted in the previous letter, Building Official Lyle Oman has now confirmed that a final inspection was completed, and that permit is closed. We appreciate your efforts in complying with City requirements on these matters. As a result of the above I have closed the violation file for your property at 1385 Rest Point Road. If you have any questions, please don't hesitate to call me at 952.249.4627. Sincerely, CITY OF ORONO ���e`�� Melanie Curtis Planning&Zoning Coordinator c Jessica Loftus, City Administrator Telephone(952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us . � �1V' � -O p ` CITY of ORONO i; Municipal Offices - ;:. � �-3 ,;���°�t�`�• �i� Street Address: Mailing Address: •'\'�,� {; � ��,� � ,��;r 2750 Kelley Parkway P.O. Box 66 `� .� 1,:`�;'r�,��j Orono,MN 55356 Crystal Bay,MN 55323-0066 ..<9.kESH04'�_� 10 February 2012 David &Jodi Rahn 1385 Rest Point Rd Mound, MN 55364 RE: Building Permit#P05682—Final inspection needed Resolution No.4834—Noncompliance 1385 Rest Point Road/PID: 07-117-23-33-0011 In 2002, the City granted hardcover and lake setback variances for the above referenced property in order to construct an attached garage addition with living space to the existing home. Permit #P05682 for the addition was issued on June 6, 2003 and was based on approvals granted by Resolution No. 4834 (both are attached for your reference). According to City records, a final inspection has not been performed for the permit. According to City Code Section 86-70(a)(1) single family remodeling and addition projects are considered expired should work not be completed within 24 months without continuing/ongoing work or progress. This code section is attached for your reference. Please contact Lyle Oman, Building Official at 952.249.4600 to address the status of Permit #P05682. Resolution No. 4834 stipulates that as conditions of the variance approval the existing detached garage was to be converted to a "storage building" by the removal of the overhead garage door at the street level of the building. Additionally, the driveway between the detached garage and the street was to be converted to a non-hardcover surface; we would like to verify this with an inspection. To date, and according to a recent visual inspection of the property we believe removal of the overhead door and conversion of the detached garage to a storage building have not been completed. Therefore, this letter will serve as your official notification that your property is currently out of compliance with Resolution No. 4834 and must be brought into compliance before March 10, 2012. In order to bring your property into compliance with Resolution No. 4834 the overhead door on the detached garage must be removed and replaced with a wall which may include a door less than 6 feet in width. Your property will be inspected to verify compliance with this letter. If you have any questions, please don't hesitate to call me at 952.249.4627. Sincerely, CITY OF ORONq ����'������ Melanie Curtis Planning&Zoning Coordinator Enclosures: Resolution No.4834, Permit#P05682, City Code Section 86-70 c Jessica Loftus, City Administrator Telephone(952)249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us PERMIT CI�Y OF ORONO Permit Number: 2750 ;<t�lley Parkway - PO Box 66 P05682 Crystal �ay, Minnesota 55323 PeC'tlllt Type: Addition/RemodeURepair (952) 249-4600 Date Issued: 6i6�2oo3 SITE ADDRESS: 1385 Rest Point Rd Mound,MN 55364 P I D: 07-117-23-3 3-0011 DESCRIPTION: UBC Occupancy R3 Construction Type VN Proposed Use: Residential Permit Class: Building Census Code 434 Permit Type: Addition/RemodeURepair Pernut Sub-type(s): Addn/RemodeURepair DETAILS: Approved per resolution#: 2791 Separate pem-rits required: riumbing iviecnanicai Eiecmcai�siatej NOTICES/REMARKS: ..,,:- -:.::::...:..:...,.. �_.,::�.�:-- •- -.,, ,_. _ ,.���, .._:-_. __ _ - ---- ..:..... :..,...,.., ....:.._.,.....,.::�.:.:.�: ._�:,:;:::�:�:: „ ;:;.: : r:::;: .�:;,.;,: FEE SUMMARY: Permit Fee: $ 482.15 Valuation: $ 33,661.00 Plan Review Fee: $ 313.41 State Surcharge Fee: $ 1735 TOTAL FEE: $ 812.91 APPLI CANT: Owner/Self OWNER: David&Jodi Rahn M� 1385 Rest Pt Rd Mound MN 55364 THE UNDERSIGNED HEREBY REQUESI'S PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED AND AGREES TO DO ALL WORK IN STRICT COMPLIANCE WITH ALL CITY OF ORONO ORDINANCES AND SI'ATE OF MINNESOTA BUILDING CODE REQUIREMENTS. � �� ��--� ��/�--"���----���- � � G`'�-n-r� �? APPL[CANT PERM[TEE SIGNATURE ISSUED BY SIGNATURE Copies: 1-File(SiQnitc�res Reouired), 1-Applicant. 1-Monthlv Reports, 1-Assessine, 1-Finance Page 1 � --� ' �f�c�,i� � � ,�� � ('n 1 � (� ,� r; � ( � ���� F Total Fee: $ � �"1 Q�y�;`�; , a Entered By: ` �' � rmit#: (,�, ) �� ` � ►� CITY OF ORO O - B ING PERMIT APPLICATION All information must be submitted in full before plan review will be started. �^� � (please print all information) � � - -------------------------------------------------- ----- ------------------ ---------------------------- : � � � THE APPLICANT IS: (circle one) OWNER OR CONTRACTOR �`✓ JOB SITE ADDRESS: 3 8.� ' Z�: ��3 NAME OF OWNER: 1 PHONE: (home) ���— q� (work) �St�$— MAILING ADDRESS: r��,� o� CITY:�('��� ZIP: 5 CONTRACTOR: ��/'�J�i pgpNE; CONTACT PERSON: MOBILE/PAGER: � MAII.ING ADDRESS: CITY: ZIP: STATE LICENSE: # ARCHITECT/ENGINEER: �/��jPj PHONE: MAILING ADDRESS: CITY: ZIP: NAME: REGISTRATION# TYPE OF WORK: New Addition ✓ Accesso ry Structure Move Remodel/Alteration Land Alteration PROPOSED WORK(describe in detai�: �y�CZ �o � � W v-�-V (�j u� � �v b � -_ � w � 9 STORIES: � SQ. FEET OF EACH FLOOR: �� E� NO. OF BEDROOMS: . GARAGE STALLS: ATT. Z DET. ESTIlVIATED CONSTRUCTION VALUATION (excluding land): $ 33, �� f, I hereby apply for a building permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the ordinances and codes of the City and with the State Building Code; that I understand this is not a permit and work is not to start without a permit; and that the work will be in accordance with the approved plan. APPLICANT'S SIGNATURE: ��J�p'L-- DATE: _�Z��d`� NOTE! Parade of Homes events require separate permit approval by Police Department and City Council 60 days prior to the event. Non permitted events will not be allowed. 5 Sec.13.04 RIGHTS OF SUBJECTS OF DATA ' Subd. 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd.2. Tnformation required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a)the purpose and intended use of the requested data within the collecting state agency,polidcal subdivision,or statewide system;(b)whether he may refuse or is legally required to supply the requested data;(c)any lmown consequence arising from his supplying or refusing to supply private or confidendal daha;and(d)the identity of other penons or endties authorized by state or federal law to receive the data. This reqnirement shall not apply when an individual is asked to supply invesNgative data, pursuant to secdon 13.82, subdivision 5, to a law enforcement o�cer. The commissioner of revenue mav nlace the notice required under this subdivision in the individual income tax or orooertv tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsibte authoriry,an individual shall be informed whether he is the subject of stored data on individuals,and whether it is classi6ed as public,private or confidential. Upon his further request,an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and,if he desires,shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning,the data need not be disclosed to him for six months thereafrer unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authoriry shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authoriry may require the requesting person to pay the actual cosu of making,certifying,and compiling the copies. The responsible authoriry shall wmply immediately,if possible,with any request made pursuant to this subdivision,or within five days of the date of the request,excluding Saturdays,Sundays and legal holidays,if immediate oompliance is not possible. If he cannot comply with the request within that time,he shall so inform the individual,and may have an additional five days within which to comply with the request, excluding Saturdays,Sundays and legal holidays. Subd.4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data conceming himself. To exercise t}vs right,an individual shall nofify in writing the�responsible authoriry describing the t�ature of the disagreement. The responsible authoriry shall within 30 days either: (a)correct the data found to be inaccurate or incomplete and attempt to nodfy past recipients of inaccurate or i�omplete data,including recipients named by the i�ividual;or(b)notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authoriry may be appealed pursuant to the provisions of t6e administrative procedure act relating to contested cases. DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the �ity of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04(available upon request) to review private data on yourself. 6. Your full name is required to process this application or pe 't. . � ! I First iddle Last v A dre � � _ � y � Ciry State Zip Phone I understand m ri ts as stated above. �--� c..��,�-�--� s►gnan,re 6 � CHECK OFF LIST FOR ISSUANCE OF PERMITS . FOR OFFICE USE ONLY ADDRESS OR LEGAL: I 3'35 2csT COWT CZ oA,C� - PID: DESCRIPTION OF WORK: _ p,p�,�- � o� ZONING REVIEW BY: DATE APPROVED: �o•s-o z BUILDING REVIEW BY: DATE APPROVED: i c •s-u z FEES TO BE CHARGED: Misc. Fees Calculated By: PERMIT Yes ,/ No PLAN REVIEW Yes i/ No SEWF.R CONNECTION STATE SURCHARGE Yes � No WATERCONNECTTON INVESTIGATION FEE Yes No PARK FEE SAC Yes No � STTEINSPECTION Number of SAC Units OTHER (specify) ZONING CHECK LIST Zoning District: L.2-I!3 Fire Department: Post Office: School District: Lot Area: Sq.ft. Acres Width Depth Survey Submitted: Yes� No Date of Survey: Proposed Setbacks: � Froat(Lake): 1,1 Right Side: �� Rear(Street): (,� Left Side: ( �� Adjacent Structures: f!T-r+�ct�i-� Wetland: N/A Building Height: Def. Hgt. p.(� Peak Hgt. o.�L Lot Coverage: Grading: Staff Approval Date: , • . By: Council Approval Date: Septic: Staff Approval Date:�� N (A By: � Zoning File: # 2-2�9 i Resolution: # �{�3y Resolution Date: q•20 -02 Shoreland District: '/15 Avg. Setback: �v�,a Bluff Setback: iv Ih- Lot Coverage: Existing Proposed Hardcover: 0-75' ���_�p� 75-250' ��2 3 3q,}�T; 250-500' 500-1000' Hardcover Variance Required: Yes_� No Date of Council Approval: REMARKS(in house): 7 BUILDING REVIEW CHECK LIST UBC: R• 3 � CONSTRUCTION TYPE: V N Sq Footag� $Per Sq Ftg Basement x = lst Floor x = 2nd Floor x = Garage x = R = TOTAL Estimated Construction Value: $ 33,b61 °� Inspections Required: `Vork Requiring Separate Permits: Site _o�Plumbing Fire Hardcover Removal � Mechanical Water Connection � Footing Septic Sewer Connection a Framing Fireplace Lawn Irrigation �Insulation (Masonry) Other _�Wall Board (Mfg.) Well (State Permit) � Final Grading/Filling _�Electrical (State Permit) Other REMARKS(IN HOUSE): ------------------------------------------------------------------------------------------------------------------------ REVIEW BY OTHERS: DATE: Access: Existing New Access Approval: Date By: ------------------------------------------------------------------------------------------------------------------------ RE�IARIiS (TO BE lV'OT`ED ON PERMI'I�: yvws-r �.o�l...� �,,, „--�.�- (Lt-c�,�,,�,e�-�r,�s ��(j,�3 oc.c�-C-1 �, � `l�3`� ��.c.c)�C. 'f-� occ�/J� A-�D� n� g Sec. 86-70. Permit expiration. (a) Notwithstanding continuing or ongoing work, any building permit issued by the city shall expire and by limitation be null and void and shall require issuance of a new permit and payment of half the original permit fee if a certificate of occupancy and final completion has not been issued within the following length of time after the date of permit issuance,which new permit and fee shall be necessary to reimburse the city for ongoing and more than normal number and cost of inspection services: (1) Single-family residential dwellings, including new construction,remodeling or additions, 24 months. (2) Accessory buildings on single-family residential properties, 12 months. (3) All multifamily and nonresidential construction, 24 months, except when a longer time is authorized by the council at the time the original permit is issued. (b) Notwithstanding continuing or ongoing work nor issuance of new or extended permits, all exterior work shall be expeditiously brought to completion to protect adjoining and neazby properties as follows: (1) No land shall remain disturbed and exposed without established grass or other ground cover for a period exceeding 12 months, or any lesser period as may be specified in the permit. (2) All exterior construction, including siding, roofing, doors, windows and finish, shall be completed and present a finished appearance within 12 months of the start of construction. (c) Failure to complete such exterior construction shall result in the suspension of the existing permit until payment of 100 percent of the original building permit has been made. Should this not satisfy the time and materials expenditure of staff,the city shall directly bill the amount exceeding the permit with payment required prior to issuance of a final occupancy permit. Any payment under this section does not negate the permit limits of subsection(a) of this section and may not be applied to satisfy payment for a new permit under this section. This does not release the permittee from making appropriate life safety corrections nor negate other building code requirements. (Code 1984, § 12.05) . • , • � O� . O O �z CITY of ORONU ,� .� . .� .;.. � ti ��� �G~' RESOLUTION OF THE CITY COUNCIL--, �kES1�I0�' N O. _ A � Q d A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.�6, SUBDIVISION 16 (L); AND SECTION 10.55,SUBDIVISION 8 FILE NO. 02-2791 . � � WHEREAS,David Rahn and Jodi Rahn,(hereinafter"the applicants")are owners of the property located at 1385 Rest Point Road within the City of Orono(hereinafter"the City") and legally described as follows: Attached"Exhibit A"(hereinafter"the property"); and WHEREAS, the applicants submitted an application requesting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 1,314 s.f.(19.5%)hardcover in the 0-7�' lakeshore setback,�vhere 1,316 s.f. (19.5%)exists, . and no hardcover is allowed, and to permit 2,003 s.f. (25.3%) hazdcover in the 75-2�0' lakeshore setback, where 1,29� s.£ (16%) exists and 1,978 s.f. (25%) is allowed; and variances to Section 10.55, Subdivision 8 to permit an addition to the existing house 70' from the lakeshore where a 75' setback is required; additions to the existing residence include a 24' X 24' attached garage and enclosed walkway; and WHEREAS, after due published notice and mailed notice in accordance with Nlinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 15,2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was revie�ved as Zoning File #02-2791. Page 1 of 7 � °� 0 0 1 CITY of ORONO ,� ,: .,-. � ti �� G~' RESOLUTION OF THE CITY COUNCIL�-� �`�kESII�4� NO. � � S 4 2. The property is located in the LR-1B, Single Family Lakeshore Residential Zoning District�vhere 1 acre is the minimum lot size and 140 feet is the minimum lot width. 3. The Planning Commission reviewed the application for variances and recommended approval by a vote of 7 to 0 based on the following findings and hardships: A. The lot was platted prior to current zoning standards. ,. B. Continued use of the property as residential is consistent with the zoning district and with the development of the surrounding properties. C. The City of Orono had approved variances in 1997 and 1998 to allow complete remodeling and additions to the existing cabin on the property,and approved variances to permit construction of the existing detached garage. D. The restrictions placed on the existing garage have created a very unsafe situation for vehicles backing out of the driveway aze blinded from view to oncoming tra�c. Rest Point Road is a very narrow road that has a steep hill . immediately west of Rahn's driveway. , E. In October, 1998 (after final review of the 1997 and 1998 variance -' - applications) Jim Hafner, District Technician for the Minnehaha Creek `Vatershed District, visited the site and made a finding that the area on the property below the 931.5' elevation was,in fact,not directly connected to the - 100 year floodplain of Lake Minnetonka. Prior to that the area was believed - to be protected and development had occurred around that portion of the _. Property - - �_ F. The driveway access to the existin�garage would be removed to eliminate a second driveway access to the property. � 4. The City Council finds that the conditions existing on this property aze peculiar to it . � and do not apply generally to other property in this zoning district;that granting the . variances will not adversely affect traffic conditions,light,air,nor pose a fire hazard ' - or other danger to neighboring property;would not merely serve as a convenience to � the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in . - . keeping w-ith the spirit and intent of the,Zonina Code and Comprehensive Plan of the . _ . City. . Page 2 of 7 � o� 0 0 s CITY of ORONO ,� . .,.. � ti ti RESOLUTION OF THE CITY COUNCIL--� ��9 4�'G NO. � � � kESI;� 5. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff,comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 1,314 s.f. (19.5%) hardcover in the 0-75' lakeshore setback, where 1,316 s.f.(19.5%)exists,and no hardcover is allowed and variances to Section 10.55, Subdivision 8 to permit an addition to the existing house 70' from the lakeshore where a 75' setback is required; additions to the existinD residence include a 24' X 24' attached garage and enclosed walkway, subject to the follo�ving conditions: 1. Final drainage plans shall be revie�ved by the City Engineer to ensure drainage is _ properly directed. Final plans include providing a new survey indicating all existing and proposed grade levels as well as all proposed site changes. All such drainaoe is required to be directed to the low area of the property. ` ' 2. The property shall be developed in general conformance with the site plan attached as Exhibit B, including removal of all hardcover as noted on the site plan. 3. The garaae shall-be converted to a storage building by eliminating the full sized . garage door to the second level of the building. The driveway entrance to Rest Point Road shall also be eliminated. The intent is to ensure the upper garage level wauld not be used for regular parking of vehicles and the area of the removed driveway wi�l not be used for driveway purposes and remain natural ground surface. Such approval- � _ shall be subject-to approval by staff. . 4. Final hardcover for this property is approved at 1,314 s.f.within the 0-75' lakeshore� � - �. - _ setback and 1,923 s.f. for the 75-250' lakeshore setback. It is the intent of this _= � Council that any request adding hazdcover or converting non-structural hardcover to � structural hardcover would not be Iooked upon favorably. ' � � 5. Authorities granted by the variances run�vith the properiy not with the applicants,but are permissive only and must be exercised by application for a building permit within. . . one year of tt�e date of Council approval,or these variances will expire on that date _ _ (July 22, 2003). . _ � Page 3 of 7 ' � � o� 0 0 � � CITY of ORONO 3 I�� � �'' �-i. . Y7 � ��� �G'�' RESOLUTION OF THE CITY COUNCIL--� `9kES�I�4 NO. d�ta1 6. Violation of or non-compliance�vith any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned owners have read,understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns,hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of July, 2002. ATTEST: , / I���lU4.�a��� � y2G� ,� (/�, / Linda S. Vee, City Clerk Bazbara A. Peterson, Mayor �s �... -_. � 2.�-- Applicants STATE OF MINNESOTA COUNTY OF HENNEPIN ,crf:� �L«c.�7 The foregoing instrument was acknowledged before me on this�nd day of J ,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � �` RACHEL DODGE � L 1 a t'�;.,..::� G�.��.....�.--c�' ,`,��'c�C'/'�Q �i � -%-� %:: NOTARY PUBUC-MINNE^OTA - � :;� My Commission Expires Jan.�t,��s Notary Public �,:g _.�rY:.-..-... COUNTY OF HENNEPIN �t���'� The foregoing instrument was acknowledged before me on this day of (.�cC'c �--� f , 200 a- by Linda S.Vee, City Clerk of the City of Orono,a Minnesota � municipa corporation and said instrument was executed on behalf of the City. .�1..;,_.- -_.�. ` /��G�t�-0��� ,�t'c-�C('� ,��., _ RqCHcI�OC�� - �' � NOTARY PU6UC-MINh`-"OTA Notary Public / Nly Car�on��an.31.2005 '��J - Page 4 of 7 � �� . O 4 3 CITY of ORONO ,� . .;. . �., . ti ��� �G�' RESOLUTION OF THE CITY CO NC�IL--� �kESI��4' NO. � � � STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of Se e,m�ee ,20 oa.f J o d � l2�h n, v� a �2ei P�, personally appeared before me, � who is personally known to me � ✓whose identity I proved on the basis of Nl N D L . . whose identity I proved on the oath/�rmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. �.--.- �:,�-�. t . .- MAPY r.:.::I�Cir���yJO�J � i � NOTARYPU2;.:C•�.;:;;1ESOTA (.�/�-� C _ ';;:�` My Commission E;;ir�.s!an.3t,2005 Notary Pu c STATE OF MINNESOTA COUNTY OF HENNEPIN On this /3 day of ��e,c��e� , 20GZ, ��,t,�;c( c..J. Q a,1n C>, rv�c�«��� � personally appeazed before me, who is personally known to me � whose identity I proved on the basis of �� ��-- whose identity I proved on the oath/a�rmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public `��=��,�SE M.LESKINEPJ NOTARY PUBUC-MINNESOTA My Cartunbsion 6cpires Jan.31,2005 Page 5 of 7 Exhibit A 4 � � � LEGAL DESCRIPTION OF PREMISES: Lot 23, and all that part of Lots 15 and 22, and adjacent vacated alley, Subdivision of Lot 14, Rest Point Park, Lake Minnetonka, lying Southerly of the foUowing—described line: Beginning at a point on the Southeasteriy line of said __ Lot 15, distant 75 feet Northeasterly from the Southeast— erly corner of said Lot 23; thence Northwesterly to the � Southeasterly corner of said Lot 22; thence Northwesterly on a line forming an an le of 74 de rees 55 minutes v�ith the Easteriy line of said9 Lot 22, to �he shore of Lake Minnetonka� and there ending. ' �:. Page 6 of 7 ' k ' ' , . 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