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2009-62 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 10, 2009 RESOLUTION NO: 2009-62 MOTION BY: Litsev SECONDED BY: McDonald APPROVE THE USE OF TWO DWELLING UNITS ON A PROPERTY ZONED SINGLE F AMIL Y RESIDENTIAL (RSF) 6201 MURRAY HILL ROAD, LOT 25, MURRAY HILL WHEREAS, two dwelling units, a main house and carriage house above a detached garage, are constructed on a single family lot prior to current zoning ordinances; and WHEREAS, the use of the carriage house was discontinued for a period in excess of one year, voiding the nonconforming use status, pursuant to Section 20-72 (a); and WHEREAS, permits were approved to repair the building with documentation in the building file stating the habitation of the carriage house was prohibited; and WHEREAS, the current property owner purchased the property in November of 2008 with the presumption that the carriage house could be used for habitation. The City was performing a driveway inspection and advised the homeowner that habitation of the carriage house is prohibited; and WHEREAS, the homeowner would like to continue the use of the carriage house for habitation, while documentation within the building file states it may not be used as a second dwelling unit. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the attached agreement and authorizes the Mayor and City Manager to sign it. The Agreement allows the property owner and their heirs to use the carriage house for personal habitation. The carriage house may only be used for personal use while under ownership of the current property owner and their children as named in the attached agreement and may not be rented. Passed and adopted by the Chanhassen City Council this 10th day of August, 2009. Jjf--L A Thomas A. Furlong, Mayor YES Furlong Litsey McDonald Tjornhom NO ABSENT Ernst