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HomeMy WebLinkAboutResolution 5430 Abstract & Torrens At- Doc Doc No 4419385 08/23/2007 10:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 337794 Deputy 22 New cert Cert Fees 856917 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 AND 78-1288 (A) & (B); AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-303(17) FILE NO. 06-3171 O� 0 0 C ITY of OR ONO ti ti RESOLUTION OF THE CITY COUNCIL sKog�G NO. 54 3 0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 AND 78-1288 (A) & (B); AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-303(17) FILE NO. 06-3171 WHEREAS, John C. Brooks and Joan T. Brooks, husband and wife, (hereinafter "the applicants") are the owners of the property located at 905 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as: r �T Lots 107, 108 and 109, Auditor's Subdivision No. 184; andLLot 13, NORTH SHORE COTTAGE ACRESjall in Hennepin County, Minnesota (hereinafter"the Property"); and WHEREAS, the applicants have made application to the City of Orono for a hardcover variance to Orono Municipal Zoning Code Section 78-1288(A) and a structure setback variance to Section 78-1279 to allow relocation and construction of an existing lakeshore deck located within 75' of the shoreline of Lake Minnetonka where no hardcover or structures are normally allowed; and a conditional use permit per Municipal Zoning Code Section 78-303(17) to allow installation of plumbing including a toilet in an existing accessory structure located less than 75' from the shoreline; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 17, 2006, at which times 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 reviewed as Zoning File 06-3171. 2. The Property is located in the LR—lA Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The Property is 2.77 acres in area and 298' in defined width. Page 1 of 7 o.�,. 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SKoNO. 5 4 3 0 3. The Planning Commission reviewed this application at a public hearing held on January 17, 2006 and on a vote of 5-0 recornmended denial of the variances and conditional use permit, concluding that the deck relocation and addition of plumbing to a nonconforming building would be expansions of an existing nonconforming use. 4. The City Council reviewed this application at its regular meeting held on February 13, 2006 and on a vote of 4-0 concluded that the variances and conditional use permit should be approved, and directed City staff to draft a resolution documenting findings for approval. 5. The City Council makes the following findings with respect to this application: a. The old existing 16' x 16' detached deck is located 11' from the shoreline of Lake Minnetonka; the proposed replacement 16' x 16' deck will be 33' from the shore. b. Relocation of the deck will be associated with replacement of an existing lakeshore access stairway. This stairway is also proposed to be reconstructed to include appropriate landings, and it will be relocated further from the shore but still within the 0-75' setback zone. The stairway as proposed is an allowed encroachment within the 0-75' zone, and is required to provide reasonable access to the lower level and lakeshore. C. As a result of the peninsula nature of the property, the only portion of the lower yard more than 75' from the shore is a small 10'x20' triangle 90' west of the accessory building, and located in the 100- year floodplain below elevation 931.5'. At such location the deck would have minimal functionality. d. Overall hardcover on the site will be reduced by 64 s.f. in the 0-75' zone, a reduction from 10.22% to 10.16%. e. Council finds that the level of additional use of the site due merely to relocation and reconstruction of the deck does not rise to the level of expansion of a nonconforming use. Page 2 of 7 0,�,. 0 0 C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��9kES0 NO. 54 3 0 f. Council finds that the addition of a toilet, lavatory and sink to the existing lakeshore accessory building will not result in expansions of the level of use of the site beyond the current reasonable level of use. While the addition of limited plumbing in this building will make use of the building more convenient for the applicants, the addition of such fixtures is not considered by the Council as an expansion of a nonconforming use. 6. Council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood due to its size and remote location from any other properties. Council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. Council finds that the property is 2.0 acres in area or larger. Council finds that the accessory building is conforming in size and height, but is legally nonconforming in location. It is not being structurally altered. 7. The property owners have agreed to execute a covenant to be filed in the title of the property providing that the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by the Municipal Code; that the building will not be used as a dwelling unless a guest house conditional use permit is obtained; and that the building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 8. The City Council has considered this application including the fundings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. 9. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would 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 Page 3 of 7 01V' O 4 ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL S 0 NO. 5 4 3 0 keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 10. The Council finds that granting a conditional use permit to allow plumbing in the accessory structure will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288(A) and a structure setback variance to Section 78-1279 to allow relocation and construction of an existing lakeshore deck located within 75' of the shoreline of Lake Minnetonka where no hardcover or structures are normally allowed; and grants a conditional use permit per Municipal Zoning Code Section 78-303(17) to allow installation of plumbing including a toilet, sink and lavatory in an existing accessory structure located less than 75' from the shoreline, subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to said plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be reduced to and remain no greater than the level of 10,013 s.f. or 10.16%. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover on the property shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The applicants by executing this resolution agree and covenant that the property will be bound by the following conditions: A) The accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code; Page 4of7 O 4 �. CITY ofo- ti ti RESOLUTION OF THE CITY COUNCIL S1410 NO. 5 4 3 0 B) The accessory building will not be used as a dwelling unless a guest house CUP is obtained; and C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. The applicants are advised that the approved replacement deck and existing accessory building are considered as nonconforming structures and are subject to the provisions of City ordinances with regards to nonconforming structures. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining the appropriate building and plumbing permits for the new construction within one year of the date of Council approval, or the approvals within this resolution will expire on that date (February 27, 2007). 6. Violation of or non-compliance with any of the terms and conditions of this resolution 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 applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 27th day of February, 2006. ATTEST: r Lind S. Vee, City Clerk Barbara A. Peterson, Mayor pr6per�tyOners) Page 5 of 7 0 0 CITY Of ORION ti RESOLUTION OF TH6 CIT3Y�COUNCIL �kESIID4 NO. ��++ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this a-7 day of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. - L -C •, 11-nC3 LaQ� ::7 ON Notary Public -0 SOTAm1,2007 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of l�1C� Z c ;,_ , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota i municipal corporation and said instrument was executed on behalf of the City. Notary Public y RACHEL DODGE NOTARY PUBLIC-MINNESOTA >,+ My Commission Expires Jan.31,2010 �t� Page 6 of 7 0 0 CITY of ORONO ti �L RESOLUTION OF THE CITY COUNCIL`4kESfI04�6 NO. 5 4 J G STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of �, , 2006 by John C Brooks, husband of Joan T. Brooks. r r ^ DENISE M. LESKINEN � NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN h This instrument was acknowledged before me thisO day of � , 2006 by Joan C. Brooks, wife of John T. Brooks. + Notary Public LINDA S.VEE NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 Page 7 of 7 ' - ---- ------ � _ �•� � � i -- EJOIIBIT A s 9 RESOLUTION N0.5430 SHEET I OF 3 lr`p1 i 81,11 111 a W 17li!�'iH w !: i g O O, r, o EXISTING LENGTH L o g�F GO x �0 M - ro` �' �m a J 0 v I a >MX --j 7.—I E5 -------------------i---- /6 4 _# = D0 N I I 4 I I x t= 46.4 L m 01 4. o 07 2 In , �LENGTN—� 10 ° /20 ' 9EXISTIN .�y v �/,b O £30 Z Z33HS O x Ur 0£6S'OHI NOLUI IOSa2I S�Q o?''cn �n V.LIRIHxa ` \ ... :ry .s ,o D ` >? Brooks Boathouse Dr 905 Ferndale Road W. I fj Brooks Boathouse c Orono,MN 55391 a fj iri 905 Ferndale Road W. Orono,MN 55391 ,00.5Wrwaa,w..sNs f-wo' Nw55405 �.� 1005Wav0anM 5Ws aa w1012872022J Im 6128234V6G cbYwwOehed+ba.w.aam NYweepoh,AYJ 55405 w�Mecn.e.mw �S W6128230233 Im 61 1177 A MOwaownaem..mm J f f \)) §■i■|■ { fr r ® q| ( q 2| ; k( ■ #/ \ E §`§ ^® '�/ 2§ \ ;.\ ■` . \ | . ; / - §§E ( . � x | £�E�3BS w 8 - � § oESON MOLU1110sam YIIE[IM3 Brooks ] 2 Boathouse . 5� \ f | §§ & a �_D m5��a�dA AIRE , ir 905 Ferndale Orono,MN S391 . - D=o»N 553912 _ ._ . — 3— | . , • 6w__ .612 X3 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed Deputy City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 27, 2006, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Deputy City Clerk and the Corporate seal of the City this day of 1 , 2007. •, Deputy City Clerk ar NtA y IIIII Doc No 9030991 08/29/2007 08:13 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 338380 Deputy 11 Fees $35.50 DOC $10.50 SUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 AND 78-1288 (A) & (B); AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-303(17) FILE NO. 06-3171 7' O O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��9kESII0 NO. 54 3 0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 AND 78-1288 (A) & (B); AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-303(17) FILE NO. 06-3171 WHEREAS, John C. Brooks and Joan T. Brooks, husband and wife, (hereinafter "the applicants") are the owners of the property located at 905 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as: Lots 107, 108 and 109, Auditor's Subdivision No. 184; and Lot 13, NORTH SHORE COTTAGE ACRES; all in Hennepin County, Minnesota (hereinafter"the Property"); and WHEREAS, the applicants have made application to the City of Orono for a hardcover variance to Orono Municipal Zoning Code Section 78-1288(A) and a structure setback variance to Section 78-1279 to allow relocation and construction of an existing lakeshore deck located within 75' of the shoreline of Lake Minnetonka where no hardcover or structures are normally allowed; and a conditional use permit per Municipal Zoning Code Section 78-303(17) to allow installation of plumbing including a toilet in an existing accessory structure located less than 75' from the shoreline; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 17, 2006, at which times 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 reviewed as Zoning File 06-3171, 2. The Property is located in the LR—lA Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The Property is 2.77 acres in area and 298' in defined width. Page 1 of 7 0 O � CITY of ORONO I& ti RESOLUTION OF THE CITY COUNCIL SK0 NO. 54 3 0 3. The Planning Commission reviewed this application at a public hearing held on January 17, 2006 and on a vote of 5-0 recommended denial of the variances and conditional use permit, concluding that the deck relocation and addition of plumbing to a nonconforming building would be expansions of an existing nonconforming use. 4. The City Council reviewed this application at its regular meeting held on February 13, 2006 and on a vote of 4-0 concluded that the variances and conditional use permit should be approved, and directed City staff to draft a resolution documenting findings for approval. 5. The City Council makes the following findings with respect to this application: a. The old existing 16' x 16' detached deck is located 11' from the shoreline of Lake Minnetonka; the proposed replacement 16' x 16' deck will be 33' from the shore. b. Relocation of the deck will be associated with replacement of an existing lakeshore access stairway. This stairway is also proposed to be reconstructed to include appropriate landings, and it will be relocated further from the shore but still within the 0-75' setback zone. The stairway as proposed is an allowed encroachment within the 0-75' zone, and is required to provide reasonable access to the lower level and lakeshore. C. As a result of the peninsula nature of the property, the only portion of the lower yard more than 75' from the shore is a small 10'x20' triangle 90' west of the accessory building, and located in the 100- year floodplain below elevation 931.5'. At such location the deck would have minimal functionality. d. Overall hardcover on the site will be reduced by 64 s.f. in the 0-75' zone, a reduction from 10.22%to 10.16%. e. Council finds that the level of additional use of the site due merely to relocation and reconstruction of the deck does not rise to the level of expansion of a nonconforming use. Page 2 of 7 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL 9kES8pg' NO. 54 3 0 f. Council finds that the addition of a toilet, lavatory and sink to the existing lakeshore accessory building will not result in expansions of the level of use of the site beyond the current reasonable level of use. While the addition of limited plumbing in this building will make use of the building more convenient for the applicants, the addition of such fixtures is not considered by the Council as an expansion of a nonconforming use. 6. Council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood due to its size and remote location from any other properties. Council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. Council finds that the property is 2.0 acres in area or larger. Council finds that the accessory building is conforming in size and height, but is legally nonconforming in location. It is not being structurally altered. 7. The property owners have agreed to execute a covenant to be filed in the title of the property providing that the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by the Municipal Code; that the building will not be used as a dwelling unless a guest house conditional use permit is obtained; and that the building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 8. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. 9. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would 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 Page 3 of 7 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SI'iO4�G NO. 54 3 0 keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 10. The Council finds that granting a conditional use pen-nit to allow plumbing in the accessory structure will not be detrimental to the health, safety or general welfare of the public,would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a hardcover variance to Orono Municipal Zoning Code Section 78-1288(A) and a structure setback variance to Section 78-1279 to allow relocation and construction of an existing lakeshore deck located within 75' of the shoreline of Lake Minnetonka where no hardcover or structures are normally allowed; and grants a conditional use permit per Municipal Zoning Code Section 78-303(17) to allow installation of plumbing including a toilet, sink and lavatory in an existing accessory structure located less than 75' from the shoreline, subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to said plans which are not in confonnity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be reduced to and remain no greater than the level of 10,013 s.f. or 10.16%. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover on the property shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The applicants by executing this resolution agree and covenant that the property will be bound by the following conditions: A) The accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code; Page 4of7 0 0 CITY Of 0- RESOLUTION RESOLUTION OF THE CITY COUNCIL SS Og�G NO. 54 E B) The accessory building will not be used as a dwelling unless a guest house CUP is obtained; and C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. The applicants are advised that the approved replacement deck and existing accessory building are considered as nonconforming structures and are subject to the provisions of City ordinances with regards to nonconforming structures. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining the appropriate building and plumbing permits for the new construction within one year of the date of Council approval, or the approvals within this resolution will expire on that date (February 27, 2007). 6. Violation of or non-compliance with any of the terms and conditions of this resolution 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 applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 27th day of February, 2006. ATTEST: Av r -t� r Barbara A. Peterson, Mayor e , City Clerk z x" r" P,Voperty Owner(s) Page 5 of 7 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SB10 NO. 5 4 3 ti STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2'7 day of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota rRunicipal corporation and said instrument was executed on behalf of the City. auaE' SON Notary ublic SOTA 1,2007 STATE OF MINNESOTA COUNTYOF HENNEPIN The foregoing instrument was acknowledged before me on this I day of ;,C , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. E ODGE Notar PublicMINNESOTA yes Jan.31,2010 Page 6 of 7 0 0 CITY of ORONO 1 F ti RESOLUTION OF THE CITY COUNCIL QNO. kEsK 5 4 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of t C� .L , 2006 by John C Brooks, husband of Joan T. Brooks. i ESKINEN-MINNESOTAOiE ires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2006 by Joan C. Brooks, wife of John T. Brooks. f l Notary Public LINDA S. VEiE c IYia NOTARY PUBLIC_ MY Commission MNNESOTq Expires Jan.31,2010 Page 7 of 7 .! a ---oil EXHIBIT A RESOLUTION NO.5430 SHEET 1 OF 3 tAi f 7 I Ill ill glil iff, II ' LU w O OI 0 0561el9n9-9 ectoczeP. Lu mz 199001 16C99 NW'01 g P-4 I 'M Pr)0y i)IDPuJaJ 906 L6C99 NW'OuOIC asn044009 900ig 7 'M PDOM alDpUlaj 906 esn 41DOO 90019 EXHIBIT A m Z, RESOLUTION NO.5430 AID SHEET 2 OF 3 UJ C? ,Q. HL0N31 ONLLSIX3 -,t or/ /0- 01 '6 V, ..o. 0. 0. co .9 Lu 0. LC) LLJ -lV > -9/ w U) V < ------------------- --Q/ Ln U F ><Lu Q b Luau 0 W < uj L----- ------------------------- 0 0 'pe of WM CD -1.-t R19N31!)NLLSD(3 X-JZ OS61[LB Z10 mf CCZO CZC Z191M DS6I CZ9 Z19q CCZOCZ9ZI9N 1 '�'�+nMIWo4°Off'°f SOVSS MN'�M°d°�"'W S°5 Mtl�IW�'f M 5001 r— i� "m"�W=4%ppq SOKS NN'APtl°�"'Ni S�S W�tlN°'f M 5001 .Y 1 � ! C-4 16£99 NW'ouap .6 ° N 16£99 NW'ouap ° - 'M Pooh aloPwaj 906 4 Q M Pooh aloPwe j 906 � CN asnoyaoog s'loag F .B asnoy�oog s'loag Q EXHIBIT A RESOLUTION NO.5430 SHEET 3 OF 3 i� se3� Ym� WS cs$ S 0 R / \ ®O WFn Q av o � c e� �m Igr a, Z _Z rQ STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed Deputy City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 27, 2006,with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Deputy City Clerk and the Corporate seal of the City this =_day of �� ��, , 2007. Deputy City Clerk ' ••,1!� int tot r�S n^