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State of Minnesota(City of Orono)v.Michael Finken STATEMENT OF PROBABLE CAUSE Melanie Curtis, Planning and Zoning Coordinator for the City of Orono, in Hennepin County, Minnesota,being duly swom,makes Complaint to the above-named Court and says that she believes this information, and other persons from whom it is obtained,to be reliable and that � . there is probable cause to believe that the above-named Defendant committed the offenses described below. The Complainant states that the following facts establish probable cause: Defendant is the owner of real property located at 2684 Lydiard Avenue, Orono, Ivlinnesota ("the subject properly"). The subject property is located inside the Orono city limits in Hennepin County and is zoned as part of the LR-1B one-fanuly lakeshore residentia.l district. The subject property contains a guest apartment located above the garage. In 1993,the owners of Defendant's property, Peter and Jennifer L'Allier, applied for and received a conditional use permit, Resolution No. 3243, in compliance with Orono City Code § 78-328(b)(2)to allow the upper level of the gazage to be utilized as a guest apartment for family use. The permit was granted on the condition that when the family no longer used the apartment,the property owners would be required to apply for a building permit to make the necessary alterations to the structure so that the kitchen area within the apartment unit would be removed. In addition,the property owners were prohibited from installing exterior second floor access stairs at the rear of the attached gazage structure. Resolution No. 3243 specified that the conditional use permit would only be in effect while the family members continued to reside in the apartment. The family members of the applicants no longer reside in the apartment. Based on the foregoing,the conditional use permit issued to Peter and Jennifer L'Allier has expired. Defendant purchased the subject property from the L'Alliers in 2008. On or about March 1,2013,City inspectors become aware that Defendant was using the guest apartment for � � domestic employees without applying for a conditional use pernut in violation of Orono City Code § 78-328(2)(b). Additionally, Defendant was using the guest apartment for paying guests in violation of Orono City Code § 78-327(4). On March 5, 2013, an online posting on the website LiveLovely.com listed the guest apartment at Defendant's residence as available for rent for � $1,200 per month. On Mazch 4,2013,the City mailed Defendant a letter notifying him that the subject property was not in compliance with the Orono City Code and instructed Defenda.nt to bring the subject property into compliance by applying for a conditional use permit. On May 11, 2013, the Orono Police Department visited the subject propertyand spoke with Ms. Lavonne Grunditz who claimed she and her husband were renting the guest apartinent above the garage. The officer observed a Honda Accord parked in the driveway of the subject property and confirmed that it was registered to Mr. John and Mrs. Lavonne Grunditz. Ms. Grunditz stated that she found the ad on Craigslist and that she had been renting for about one month. Ms. Grunditz stated that she and her husband tend to Defendant's cats when Defendant is traveling. � . 2