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^ ' <br />Any land or buildings which were actually and <br />legally devoted to a non-conforming use on <br />January 1, 1975, may be continued in said <br />non-conforming use pursuant to conditional use <br />permit granted as hereinafter specified. <br />On December 18, 1978 the Orono City Council passed <br />Resolution No. 961, establishing a conditional use permit for the <br />permits provided in Orono Municipal Code Section 10.03, subd. 5, <br />A-J. <br />A question has arisen concerning the reason for, and the <br />effect of a provision in the 1978 Conditional Use Permit which <br />provides: <br />Other uses may be considered by the Council upon <br />application and upon a finding that the proposed <br />use is less non-conforming than the above <br />permitted use. (Emphasis added.) <br />I have discussed that orovision with Bruce Malkerson of <br />property owner knew that a variance may be applied <br />considered under appropriate circumstances, to vary the provisions <br />of Code Section 10.3, subd. 5A. <br />Orono Municipal Code Section 10.3, subd. 5A <br />provides that: <br />The non-conforming use may not be changed to <br />another non-conforming use. <br />On June 8, 1987 the City Council passed <br />Resolution No. 2193, granting a second conditional use permi^^^ <br />allow a boat sales/nautical shop use at 1960 Shorelines Dri e, <br />a year from the date the Council approved the conditional use <br />oermit, or the permit will expire. Resolution No. 2193 <br />perpetuated the same language of the Code and Section IV, Item 6 <br />in Resolution No. 961 set forth above. <br />I. <br />raised: <br />»AR THE iq«T rnwmTTONAL USE PERMIT EXPIRED? <br />Based upon these facts, the following questions are <br />-2- <br />-s