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Home My WebLink About#4795-permission for driveway-2002 I� ~ � /,i."% O�?\ /� � � �� I �', - �i CITY of ORONO 6 �I � �I ��/ �� p��i RESOLUTION OF THE CITY COUNCIL �9kESH�� N0. �'-- A RESOLUTION GRANTING PER�VIISSIO�' FOR A DRIVEWAY ON A PLATTED ALLEY IN THE HIGH`VOOD LAKE MINNETONKA PLAT WHEREAS, Alexander G.. Vongries and Edith A. Vongries as trustees of the AleYander 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. Vong,ries Trust, an undivided '/z interest in and to Tract A, Registered Land Survey No. 1420 County of Hennepin. (hereinafter"the applicants")are owners of the property located at 4051 Highwood Road within the City of Orono and legally described as follow•s: 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 existin;driveway located on a 20 foot�vid�platted public alley that is located between�0�1 Highwood Road and 4075 Highwood Road in the High�vood Lake Minnetonka Plat. NO`V, 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 High�vood Lake Minnetonka plat. 3. The residence on the subject property was constructed sometime prior to1970 with a single car garage that had drive��ay access from Highwood Road. Since this time, there have been several building permits issued for renovation and remodelina of the residence. 4. On October 21, 1983, the City of Orono issued building permit number 5152 for removal of the etistina sinjle car garaje and construction of a new three car gara?e. The survey w�ith the building permit shows the gara�e doors facing the platted alley with a 10-foot setback from the property line to the front of the garage. Paae 1 of 5 � , /� �� O `\�` � � �\� r0 O�; � �'`' CITY of � ��e-� - , ,��; ORONO ti; �� G�%` RESOLUTION OF THE CITY COUNCIL �kESH�j/ NO. d � � �j �— 5. The location of the garaje doors with a 10-foot setback from the ed�e of the platted alley definitively sho�vs 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 drive�vay for the subject property on the platted alley. 6. , The driveway sho�vn 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 drive�vay 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. COi�CLUSIONS, 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: 1. The existing driveway can remain in use across the platted alley as long as the e�istin� house and garage remain on the property. In the event of future removal of the house and gara�e 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 Hiahwood Road to serve the property. 2. Maintenance and repair of the drive�vay 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 w•hich is a legitimate use of a platted alley. City approval of the driveway on the alley eYpressly does not infer or grant any additional property rights to the subject property over the platted alley. Pa;e 2 of 5 ..; y � �� O _`� / ''� �\ i 0 0 � . � _ ��'� CITY of ORONO � . .� �;I ti �� G�' RESOLUTION OF THE CITY COUNCIL ��sK°j% ruo. 4 '� �D � `� 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, Miruiesota at a regular meeting �held on the 22nd day of Apri12002. ATTEST: �// , /',�.�X-f�kti-�i� � ' f�z� G t�-r�� (/�—� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor , ,� l ' ; � , ��c�� r� Alexander G. Vongries Edith A. Von�ries � Trustee, Alexander G. Vongries Trust Trustee, Alexander G. Vongries Trust '� ' ' n /f s �E.� �.J G' ,�� /�2G� L'�' �/y�-�� 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 w�as 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. -� r � � j',. C./ ' No Public Page 3 of � �C JACKIE YOUNG LL��_ C� NOTARY PUBUC-MINNESOTA t. .��+�'` ' ti'y Comrnssion Expires Jan.31,2005 � � _�,�, *,., ! �'i=_ _� /�, 0,�� O O , �e � �� C ITY o� �RONO �, � ��r� \�� G~'�' R E S O L U T I O N OF THE CITY COUNCIL 9 4 / �kESHO/ NO. � `�► y� �j _— STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this <-��-��day of ��i / , 20 G<3- by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instnunent was executed on behalf of the City. µ.�. � > ,..:.. RACHEL DODGE l�j ��. G'`--z,C ��c^c�'� NpTARYPUBLIC-MINNE,"OTA Notary Public -- y h�fy Comrrdssioo ExAires�.31,2005 STATE OF MNNESOTA ) ) ss. COtNTY OF HENNEPIN ) On this S��t day of /r� ,�-� , 20 c�Alexander G. Von�ries and Edith A. Voneries. Trustees of the Alexander G. Von�ries Trust. personally appeared before me, �vho is personally known to me ,/w-hose identity I proved on the basis of /�7�✓ D L- �vhose identity I proved on the oath/affirmation , a credible witness and w�ho executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. aZ� ��J � Notary Pub ' '' -� Mr1RY ANN JOHNSON �.� Np7qRy pUgLIC-MINNESOTA ��' M�r Camms.�ion ExPires Jan.31,20� ',�; Page 4 of 5 ► , ___-- � ��'O�\? � ' V\ /� � \ . - � ' CITY of ORONO 6' � I I � � �/ �� G~' % RESOLUTION OF THE CITY COUNCIL L`q 4"�%/ 4 g �1 - \kES� NO. � , STATE OF MIi�tNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 20_, Alexander G. Von�ries and Edith A. Von�ries, Trustees of the Edith A. Vonaries Trust. personally appeared before me, who is personally known to me �vhose identity I proved on the basis of wrhose 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 Public Page 5 of 5