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B There was concern continued use of the site impacts the water qualit)' of <br />Lake Minnetonka. <br />4. <br />5. <br />6. <br />7. <br />C. The City of Orono rezoned the property from commercial to residential in <br />the early 1970s. Approving a Code Amendment to permit this type of use <br />in the LR-IC district would not be in keeping with the intent of the <br />Comprehensive Plan, so it should remain in a non-conforming status. <br />D. The proposed height of the building was 42' requiring a variance. The <br />building would have been 22' taller than the existing principal building. <br />£. Other sites ui the area have not been explored to accommodate the salt and <br />sand storage building. The applicants were advised to research other <br />locations that may be feasible. <br />The County has requested an amendment to the application to not require a Zoning <br />Amendment to permit Maintenance Facilities in the LR-IC District as a conditional <br />use. They have requested a variance to the provision of the Zoning Code that <br />prohibits expansion of a non-conforming use. <br />A recent Court decision has held that a city can grant a variance to the provision <br />of the Zoning Code that prohibits expansion of a non-conforming use. T^ would <br />enable the construction of the salt/sand storage building while retaining the non- <br />conforming status of the County public works facility use of the site. <br />The proposed building has been reduced in height from 42' to 20' and the building <br />has been redesigned to not require a fully enclosed building but rather three storage <br />bays for the salt/sand product. <br />Elevation views, provided by Hennepin County, indicate the buildings would only <br />have minimal impact on adjacent properties to the north. The 42' building proposal <br />would have blocked views from a small area in Spring Park across the railroad <br />tracks. <br />Page 3 of 9