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To:Planning Conunission Chairman Kelley <br />Orono Planning Commission Members <br />Acting City Administrator Gerhardson <br />From: Jeanne A. Mabusth, Building S Zoning Administrator <br />Date:August 15, 1991 <br />Subject:#1671 Bruce Turner, 3800 Wayzata Blvd - <br />Conditional Use Permit/Variance - Public Hearing <br />Zoning District: RR-IB <br />Pertinent Ordinances <br />1.Section 10.03, Subdivision 5 - Non-conforming uses require <br />conditional use pennies. <br />2.Section 10.03, Subdivision 5 (A) - A non-conforming use may <br />not be changed to another non-conforming use. Variance <br />required as applicant proposes a plumbing and electrical <br />showroom/sales shop that would replace a legal non- <br />conforming commercial use, vegetable/grocery retail shop. <br />3.Section 10.03, Subdivision 5 (J) - "Apply to "Uses" only." <br />The non-conforming use provisions of the Zoning Chapter <br />apply only to the use to which land and buildings are put, <br />and do not apply to situations where the location or height <br />of structures, lot size or other factors not involving the <br />use of the premises prevent strict conformance with the <br />requirements of the Zoning Chapter. Where, however, such a <br />situation existed legally under the prior applicable law, <br />the Council will not unreasonably require strict compliance <br />and will generally look with favor on granting of a variance <br />under Section 10.08 of the Municipal Code. <br />List of Exhibits <br />Exhibit A <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Exhibit D <br />Exhibit E <br />Exhibit F <br />Exhibit G <br />Exhibit H <br />Exhibit I <br />- Application <br />•1 - Applicant's Addendum <br />- Property Owners List <br />- Plat Map <br />- Staff Letter to Applicant <br />- Floor Plan <br />- Site Plan <br />- Site Plan Approved for Grocery/Retail Use at <br />Time of Acquisition of Additional Right-of-Way <br />for County Road 6 <br />- Floor Plan of Former Retail Use <br />- Suesan Pace-Shapiro Opinion <br />I r > 1A ^iX I jtc^j