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City of OR.ONO <br />‘irrV <br />•i? <br />RESOLUTION OF THE CITY COUNCIL <br />NO. _ _ _ <br />•12. Under provisions of Section 31.100/ Mayona Sundlin applied <br />for and was granted on September 9, 1968, a Conditional Use <br />Permit for a non-conforming use as follows: <br />a) "Non-Conforming Use Permit for Fruit & Vegetable Stand." <br />b) "One building for vegetables and groceries plus living <br />quarters. Approximately 40' X 50'. One acre for building <br />And parking. Cold Storage Building." <br />13. Note that the actual size of the main structure is <br />49.0 ft. X 60 ft. as sho%m on the April 19, 1980 survey, <br />not 40 ft. X 50 ft. as stated in the CUP. There is no <br />evidence that the basic structure size was altered since <br />1967. <br />14. The provisions of Section 31.100 included prohibitions <br />against changing the use to another no<i-conforming use (31.101) <br />or extending the area of the non-conforming use (31.103). <br />15. The Zoning District was changed effective January 1, 1975 <br />from R-IC to RR-IB concurrent with City wide rezoning. The <br />minimum lot area increased from 1 to 2 acres. No change was <br />made in permitted or conditional uses. Therefore, use of this <br />property remained non-conforming. <br />16. There was no change in use in the property and no building <br />permits were issued for any change in buildings or structures <br />between the issuance of the non-conforming use permit in 1967 <br />and the change in ownership in 1977. <br />17. Testimony of Alan Olson, City Planner, has been that Orton <br />Wisegarver visited the City offices prior to his purchase of <br />the property and discussed with Olson the status of the property <br />Olson at that time told Wisegarver that the 12-Hi Market, as <br />it was knoim under Cirspinski ownership, was a non-conforming <br />use, could not be expanded, and that Wisegarver would have to <br />apply to have the existing conditional use permit transferred <br />to the new owner thereby clearly establishing the extent and <br />character of actual use and authorized uses as of that time, 'a <br />18. Wisegarver never.applied for a conditional use permit <br />transfer until May 3, 1980.