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<br />recommendation of the Planning Commission and City Staff that a CUP be granted to <br />Cathy Gustafson. It is recommended that a term of the CUP require that the property <br />owner occupy one of the units. Studies indicate that this is advisable for two reasons: 1) <br />It prevents marketing the home on speculation of it being a double rental unit or duplex; <br />and 2) Occupancy by the property owner usually ensures the appearance of the structure <br />will be maintained. <br /> <br />Motion by Councilmember Zimmerman and seconded by Councilmember Beyer to adopt <br />Resolution #94-02-040 adopting Findings of Fact #0354 relating to Cathy Gustafson's <br />request for a conditional use permit for an accessory apartment. <br /> <br />Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Zimmerman, Beyer <br />and Peterson. Voting No: Councilmember Hardin. <br /> <br />Upon inquiry, Ms. Gustafson was told that in the event she would sell the home, the new <br />owners would not have to reapply for this same conditional use permit as the conditions <br />would run with the property. <br /> <br />Motion by Councilmember Zimmerman and seconded by fv'Iayor Gilbertson to adopt <br />Resolution #94-02-041 approving Cathy Gustafson's request for a conditional use permit <br />for an accessory apartment at 15823 Nowthen Boulevard N,W. and declare conditions of <br />same. <br /> <br />Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Zimmerman, Beyer, <br />Hardin and Peterson. Voting No: None. <br /> <br />Case #7: <br /> <br />Request for Final Plat Approval of Pinewood Shadows; A Minor <br />Subdivision; Case of Gerald Bauer <br /> <br />Zoning Administrator Frolik explained that Mr. Gerald Bauer is requesting a minor <br />subdivision to create one 3-acre lot and one 37-acre lot from a 40-acre parcel lying <br />southeast of \Vbispering Pines Estates Plat 2. The property is zoned R-l Rural <br />Residential and the split is intended to segarate the existing homestead from the <br />remaining 37 acres, which will be reserved for future development. Both of the lots <br />would receive access from the existing Puma Street N. W. Because Puma Street N.W. is <br />currently a dirt roadway, the City Engineer is recommending that the 37-acre parcel be <br />designated as an outlot to prevent the creation of an additional buildable lot and more <br />traffic on a dirt street. No park dedication will be due on the existing 3-acre homestead <br />nor the unbuildable outlot. Ms. Frolik informed Council that the Planning Commission <br />recommended approval of the subdivision. <br /> <br />Motion by Councilmember Beyer and seconded by Councilmember Zimmerman to adopt <br />Resolution #94-02-042 granting final plat approval to Pinewood Shadows. <br /> <br />Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Beyer. Zimmerman, <br />Hardin and Peterson. Voting No: None. <br /> <br />58 <br /> <br />City Council/February 22, 1994 <br />Page 10 of 13 <br />