11-20-1989 Planning Packet - Laserfiche WebLink

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I TO:Mayor Grabek & Orono Council Members Planning Conunission Chairman Kelley Orono Planning Conunission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator Date:November 15, 1989 Subject: 11472 Dave Carlson/Jim Smith, 1960 Shoreline Drive Conditional Use Permit - Public Hearing Pertinent Ordinances - Section 10.03, Subdivision 5 - Conditional use permit required for non-conforming use. The property is located in the LR-IA iuning district. The non-conforming use consists of a retail operation. The previous retail use was approved in Resolution #2193, expired June 8, 1988. No commercial use of the property has existed on the property since early 1987. Section 10.03, Subdivision 5 (A) - Non-conforming use may not be changed to another non-conforming use. Section 10.03, Subdivision 5 (B) - Whenever a non-conforming use of structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of this zoning chapter. Technically, the City would have to grant a variance as commercial use has been discontinued for over 12 months. The boat sales operation was never realized. Staff will discuss in more detail further in memo. Section 10.03, Subdivision 5 (J) - Apply to Uses Only. The non-conforming use provisions of the zoning chapter apply only to the use which land and buildings are put and do not apply to situations where location or height of structure, lot size or other factors not Involving the use of the premises prevent strict conformance of the zoning chapter. Where, however, such a situation existed legally under the prior applicable law, the Council will not unreasonably restrict strict compliance and will generall/ look with favo** on granting a variance under Section 10.06. Hence if a legal non-conforming use existed on a property and substantial investments and improvements, etc. have been made, it would appear that this section of the code would allow Council to consider variances to the above referenced sections that establish standards for non-conforming uses as long as the variances deal only with uses and not standards related to setback, height, etc. 1r