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POPHAM HATK MEMORANDUM 3300 Piper Jafflay Tower <br />222 South Nioih Street <br />Minn^pnlic, Minngsnta SS402 <br />(612) 333-4800 <br />TO:Mike Gaffron <br />City of Orono <br />FROM: <br />RE: <br />Kevin Staunton <br />Proposed Amendments to Zoning Code Section 10.41 <br />B-2 Lakeshore Business District Standards - Enforceability (Questions <br />DATE: July 17, 1994 (Revised July 22. 1994) <br />I am writing in response to your memo to Tom Barrett regarding the above-referenced <br />matter. Your memo expresses concern regarding the <br />1 ;Len7to YOU have s^t our advice about how to best accomplish the <br />changes proposed. <br />enforceability <br />The first issue raised by your memo is the City’s ability to enforce ^y of the dirges <br />being contemplated. Specifically, you are concerned about the abiUty to ^ <br />these amendments against marinas that have been operating for ^ <br />manner that would be contrary to the new amendments. As a general matter, the City is frw <br />to enforce the new amendments even on marinas that have been Qe^y) <br />lime in a manner that would be contrary to the new amendments. The red iss«ie ^ how the <br />City may treat preexisting nonconforming uses that were lawful prior to a op <br />amendments. <br />Preeusting non-conforming uses Ihat were lawful prior to the f <br />regulations tendering them unlawful may be treated in one of three _ <br />be allowed to remain or continue. Under this option, the property owne rhansed <br />continue the nonconforming use of the property indefiniteiy so long “ <br />espanded, or intensified. The theory behind this opuon js to <br />gra^duallv be eliminated through normal wear and tear, obsolescence, or desmictton by tire. <br />219/2203J413 7/22/94