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city Of N® RESOLUTION OF THE CITY COUNCIL ' NO. 1654 12 . The applicants have applied to the City for a conditional use permit to construct a single enclosed kennel structure 96 ' x 122' (11 ,700 sf) that will enclose all kennel and open run areas providing the much needed security for the facility and a noise barrier for the surrounding residential property owners . 13. The more efficient layout and use of the commercial area will allow an expansion in the boarding facilities from the original 60 pets to a reasonable number of animals , considering their size and type , which may be safely and properly kept in an 11 ,700 sq. ft . kennel structure according to all applicable State and Federal standards. 14 . The interior of the structure is designed for specfic commercial kennel use but the exterior of the structure suggests a more rustic , residential motiff and could serve at some future date as an accessory, hobby structure for the site . 15. Council approves variances to the following sub sections of Section 10. 03 subdivision 5: D. Whenever a lawful non-conforming structure shall have been damaged by fire , flood , explosion. , earthquake , war , riot , or act of God , it may be reconstructed within twelve ( 12) months after such calamity, unless the damage to the building or structure is seventy- five percent (75%) or more of its fair market value as shown on the assessment records at the time of damage , in which case the whole thereof shall be demolished , and any construction thereafter shall be for a use in accordance with the provisions of this Zoning Chapter . H. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted , including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use . J. Apply to "Users" Only. The non-conforming use provisions of the Zoning Chapter apply only to the use to which land and buildings are put , and do not apply to situations where location or height of structures , lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of the Zoning Chapter . Where , however , such a situation existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under Section 10 . 08. �. 2 -4: 7