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KELLY LAW OFFICES <br /> Estul�lLchecl l9-F�ti <br /> 3,1 tiP.CONll ti7'RiiL7� <br /> IlA(:IILtiiClll. �AIINNfiS0�1'A 553_31 <br /> �4AKK W. Kh:LLY (°�,_'l �1-4-5977 <br /> ,�,�� � �:,,� �:. ��:�.��� �,>» �>>.� RECEIVEd�:,� a;.� �,;�, <br /> June 18, 2014 �UN � <br /> 9 2014 <br /> CITY OF ORONO <br /> Melanie Curtis <br /> Planning and Zoning Coordinator <br /> City of Orono <br /> PO Box 66 <br /> Crvstal Bav, MN 55323 Post and Fax 952 249 4616 <br /> Re: 2684 Lydiard Avenue, Excelsior, MN 55331 <br /> Dear Ms. Curtis: <br /> I write in response to your letter of June 10, 2014. Therein you state that "the <br /> City believes that there is a staircase which provides access directly to the above <br /> guest apartment." Your observation does not acknowledge that the referenced <br /> stair is wholly within the dwelling and not exterior thereto. Your letter also does <br /> not address the code elements under Orono Code Sections 78-326 and 78-328. <br /> In reviewing this matter please recognize that the Finken guest apartment meets <br /> the definition of a permitted use under 78-326(4). The upper level apartment <br /> can only be accessed from "within the principal structure", the interior of the <br /> Finken dwelling. There is no means by which to access the apartment <br /> independent of first gaining access to the Finken dwelling; there is no exterior <br /> door of the apartment that opens to the outside world. <br /> Tr? �par•tmer_t sirc ��,nve thP �ara�P l�ut wh�llv within the dwelling. It is not a <br /> separate accessible dwelling unit, nor a part of a separate f'ree standing <br /> accessory structure. No address can be assigned it by the post office. In <br /> comparison, a Conditional Use Permit guest apartments (Section 78-328) has an <br /> independent exterior access. My client believes the apartment within his <br /> dwelling meets the definition of a legal permitted use under City of Orono Code <br /> Section 78-328(2)bl. <br /> I look forward to your determination on this matter. If the determination is <br /> adverse, an appeal to the Board of Appeals and Adjustments will follow. <br /> Sincerely, <br /> 1'��_ <br /> -�, -�— J <br /> Mark W. Kelly � <br /> MWK/tas <br /> cc: Finken <br />