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Home My WebLink AboutResolution 4795 � r� � is.. . .�t' � . //� /� ��Ir � o 0 ��e. - CITY of ORONO � � -. . �� G'�' RESOLUTION OF THE CITY COUNCIL . ��SH�4� N0. � �'�� A RESOLUTION GRANTING PERMISSION FOR A DRIVEWAY ON A PLATTED ALLEY � IN THE HIGHWOOD LAKE MINNETONKA PLAT WHEREAS, Alexander G.. Vongries and Edith A. Vongries as trustees of the Alexander G. Vongries Trust, an undivided '/z interest in and to Tract A, Registered Land Survey No. 1420 County of Hennepin;and Edith A.Vongries and Alexander G.Vongries as trustees of the Edith A. Vongries Trust, an undivided %2 interest in and to Tract A, Registered Land Survey No. 1420 County of Hennepin. (hereinafter"the applicants")are owners of the properry located at 4051 Highwood Road within the City of Orono and legally described as follows: Tract A, Registered Land Survey No. 1420 (hereinafter"the subject property") - WHEREAS, the applicants have requested permission from the City of Orono to continue the use of an existing driveway located on a 20 foot wide platted public alley that is located � between 4051 Highwood Road and 4075 Highwood Road in the Highwood Lake Minnetonka Plat. • NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. The Highwood Lake Minnetonka Plat was established in 1917 and the streets and alleys in the plat were dedicated for public use forever. 2. The subject property is adjacent to a 20 foot wide platted alley in the Highwood Lake Minnetonka plat. 3. The residence on the subject property was constructed sometime prior to1970 with a single car garage that had driveway access from Highwood Road. Since this time, there have been several building permits issued for renovation and remodeling of the residence. 4. On October 21, 1983, the City of Orono issued building permit number 5152 for removal of the existing single car garage and construction of a new three car garage. The survey with the building permit shows the garage doors facing the platted alley with a 10-foot setback from the property line to the front of the garage. � Page 1 of 5 . � i�� /� �� O o ��b. - CITY of ORONO ,� � -. �� G'�' RESOLUTION OF THE CITY COUNCIL ��sH�4'� � N.o. -�F� �'3 5. The location of the garage doors with a 10-foot setback from the edge of the platted alley definitively shows that a portion of the driveway needs to be located on the alley to provide access to the garage. A survey of the alley that was completed � in 2002 for a proposed storm water project shows a portion of the driveway for the subject property on the platted alley. . � 6. The driveway shown on the platted alley is an appropriate use, as one of the functions of platted streets and alleys is to provide access to private property within the plat. 7. The driveway on the platted alley does not adversely impact or create an obstruction for public use of the platted alley, as the public can easily travel across the driveway to access the alley. . L • CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above,the Orono City Council hereby grants approval for the continuation of the use of a portion of the platted alley for driveway access to a garage located on the subject property, at 4051 Highwood Road subject to the following conditions: l. The existing driveway can remain in use across the platted alley as long as the existing house and garage remain on the property. In the event of future removal of the house and garage for redevelopment of the property,the City reserves the right to terminate the use of the driveway on the alley and require driveway access from Highwood Road to serve the property. � 2. Maintenance and repair of the driveway are the sole responsibility of the property owner. 3. The sole purpose of City approval of the driveway across the platted alley is to allow access to the subject property which is a legitimate use of a platted alley. City approval of the driveway on the alley expressly does not infer or grant any additional property rights to the subject property over the platted alley. � Page 2 of 5 � r t i=� 7 O� • O O ��b- - CITY of ORONO � F �� '�' RESOLUTION OF THE CITY COUNCIL . � ��`9$ESgpg'� . � NO. A r� � � . �� 4. Approval does not create any obstruction or restriction on the public use of the platted alley. 5. The undersigned applicants have read,understood 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 April 2002. � ATTEST: _ � ^ _.. �/� i�(% Linda S. V,ee, City Clerk Barbaza A. Peterson, Mayor � , � � � , Alexan er G. Vongries Edith A. Vongries Trustee, Alexander G. Vongries Trust Trustee, Alexander G. Vongries Trust ! v07� ,4.�.Go Alexan er G.. Vongries Edith A. Vongries • Trustee,Edith A. Vongries Trust Trustee,Edith A. Vongries Trust STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of April,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. . otary P lic . � Page 3 a JACKIE YOUNG '# NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,ZG05 =�>��'?:�"y�;,?'="�..e.e..''�"''c.�-�,"`"'.,.-�:�'...,, r- . �-._'- � O� . • O O ��b. - CITY of ORONO ,� � -. �� G'�' RESOLUTION OF THE CITY COUNCIL ��SII�g'� . N0. /1 � S� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The oregoing instrument was acknowledged before me on this ��`�day of �I ( , 20 D�--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. .�. '' RACHEL DODGE �/�a�c--.-�--e.�C- /�v�,('SZ� "�-.'� NOTARY PUBUC-MINNE^OTA �'v}:' �'n'�mkston Exp(res Jan.31,200� Notary Public • STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � On this.�fh day of m /}-'� , 20 �Z; Alexander G. Von�ries and Edith A. Von��ies. Trustees of the Alexander G. Von�ries Trust. personally appeared before me, who is personally known to me ✓whose identity I proved on the basis of /�?/✓ �L whose identity I proved on the oath/affirmation , 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 Publi s'�= ._ MA?Y F;�<v JOHNSON , C ' .r', NOTARY PUBUC•MiNNESOTA � ` p,�y Canmission Expires Jan.31,2005 i . Page 4 of 5 �. . . ::i /�� ,� �11�' A O O ��b. - CITY of ORONO ,� � �- �� G'�' RESO,LUTION OF THE CITY COUNCIL ��kESH�� NO. � � � �1 . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ,20_,Alexander G. Vongries and Edith A. Vongries Trustees of the Edith A. Vongries Trust. personally appeared 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 � Page 5 of 5