03-19-1990 Planning Packet - Laserfiche WebLink

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G MEMORANDUM TO:Jeanne Mabusth Zoning Administrator FROM:Suesan Pace-Shapiro /‘lcLticu{_-%.Cj^'-yhdt_pcri> Assistant City Attorney DATE: RE: March 8, 1990 Preliminary Opinion Concerning the Conditional Use Permit - 1960 Shoreline Drive Otr File No. 3643-047 You have asked our office to comment on the request for a conditional use permit for property located at 1960 Shoreline Drive. The facts, as we understand them, are set forth below. FACTS On January 1, 1975 the City of Orono ("City") amended its land use regulations and zoning ordinance. The overall intent and purpose of the zoning ordinance is generally set forth in Orono Municipal Code Section 10.01, subd. 2. On Woveinber 14, 1978 Ordinance 214 was adopted rezoning the property located at 1960 Shoreline Drive to LR-IA, One-Family Lakeshore Residential District ("LR-IA") from B-1. Orono Municipal Code Section 10.23 defines the permitted, conditional, and accessory uses allowed in an LR-IA District. Orono Municipal Code Section 10.23, subds. 4 and 5. At the time the LR-IA District was adopted, the property at 1960 Shoreline Drive was used to operate a transmission repair business. Prior to being zoned an LR-IA District, a portion of the property at 1960 Shoreline Drive was zoned B-1, Limited Neighborhood Business District. The property has been used as a gasoline station (including light repairs and service) since 1963. The B-1 District provides for gasoline service stations as a conditional use. Since the B-1 District permits gasoline stations as a conditional use and 1960 Shoreline Drive was used for a gasoline service station prior to the rezoning to LR-IA, the continued operation of the gasoline station was permitted as a lawful non-conforming use. Orono Municipal Code Section 10.03, subd. 5 provides that: I i \ J