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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. .5 4 3 7 <br />A RESOLUTION <br />AMENDING THE CONDITIONS <br />OF RESOLUTION NO. 4026 <br />FOR PROPERTY AT <br />1331 NORTH ARM DRIVE <br />- FILE NO. 2330 <br />WHEREAS, Dennis Wilder and Gail Wilder (hereinafter the "Applicants") are the <br />owners of the property located at 1331 North Arm Drive within the City of Orono (hereinafter <br />the "City") and legally described as follows: <br />Lot 4, and that part of Lot 5 lying northeasterly of a straight line running from the <br />midpoint of the northwesterly line of said Lot 5 to the midpoint of the southeasterly line <br />• of said Lot 5, Block 6; vacated Oak Place; also Lots 5 and 6, Block 7 all in Saga Hill <br />revised, Hennepin County, Minnesota, (hereinafter the "property"); and <br />WHEREAS, the Applicants have listed the subject property for sale and were presented <br />by the City staff with the resolution making the plumbing and heating facilities of the accessory <br />building on the subject property illegal; and <br />. WHEREAS, the Applicants request that existing heating and plumbing fixtures in an <br />accessory building located on the subject property be approved for continued use, requiring a <br />revision of Resolution No. 4026 adopted January 26, 1998; and <br />WHEREAS, Resolution No. 4026 was adopted in response to the application by the <br />previous subject property owner Robert E. Beutler for a variance to Municipal Zoning Code <br />Section 10.24, Subdivision 5 (B) to permit the construction of a new residence on the subject <br />property that does not meet the required lot width and setbacks; and <br />WHEREAS, Resolution No. 4026 granted a variance subject to removing all heating and <br />plumbing facilities within former residence structure to be converted to an accessory structure <br />and subject to execution by Mr. Beutler of a covenant restricting the use of the accessory <br />structure; and <br />WHEREAS, the executed covenant disallows the use of the former residence structure as <br />•an "alternative living space, including but not limited to, a guest house, secondary residential <br />unit, mother-in-law apartment, rental of structure, or the like;" and <br />123844 Page 1 of 4 <br />