05-09-1994 Council Packet - Laserfiche WebLink

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I CITY I 1 ORONO City of OROIVO resolution of the city council NO. —----------- (TRAHTING A CONDITIONAL USE PERMIT PER mm^ML zomuG code section 31.108 and per section'3U US?GRANTING A V^IANCE TO N^ICIPAL ZONING CODE SECTION 31.101 - EILE #773 WHEREAS H Richard Zuckman (hereafter -applicant-) has nade application to the CitVof Orono (herea£»r i?aSdit?oSTsVek?a°Sp?ovVl oV.n -after the fact- unauthorized change fro» one nor, conforming use to another non conforming use; anc WHEREAS, Robert F. Suess, Joan L. Suess and Charles J. Maclosek have an interest in the property legally described as follows: That part of government Lot 2 described as beginning Section 17 thence East along North line of government Lot 2 distance ifi2 3rft thence South at right angles 148.5 ft thence West along South lini of North 148.5 ft thereof to shore of Lake Minnetonka thence Lrthwesterly along said shore to West line of said government Lot 2 thLce North to point of beginning also that part Section 18, Township 117, Range 23 lying South o. North 33 ft thereof except roads. (hereafter "property"); and tniEREAS oer Section 31.100r the applicant and proposed new owner of the property h« app?ie'^ for a coVitional use permit to allow the continuatloh of the legHnoVconforminq useof the property and per the directive of Section 31.110 as follows: 31 110 APPLY TO "USES* ONLY. The non-conforming use provisions of the Zoning code apply only to the use to which land and buidings are put, 0"^ <3° not apply to situations where location or height of structures, ° , .w the factors not Involving the use of tne premises prevent strict conformance regui-Lents of the Zoning Code. Where, however , such a ,v «oulre leg^irunder the prior applicable law, the Council will not “"f s«lct compliance and will generally look with favor on granting of a variance under 32.300. seeks a variance to Section 31.101 to permit a change from one non conforming use to another non conforming use of the property. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 3^, The application was reviewed as zoning file no. 773. 2. The property Is located in the LR-IC Lakeshore Residential Zoning District.