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of <br />to <br />rs <br />ng <br />he <br />il <br />Id <br />ig <br />:>e <br />3© <br />). <br />in <br />‘9 <br />). <br />a <br />d <br />a <br />9a <br />Zoning File #1112 <br />March 11, 1987 ' <br />Pace 2 <br />History of Property: <br />Prior to 1978, the easterly 70 feet of the property was zoned B-1 (Ccnmercial). <br />The City rezoned the B-1 portion of the property to LR-IA in November of <br />1978 and concurrent with that rezoning adopted Resolution #961 (Exhibit F), <br />establishing a lawful non-conforming commercial use on the now totally <br />zoned residential property. The service station/car repair use has existed <br />in one form or another up to 1983 when Craig Olson was granted a <br />conditional use permit for the addition of transmission repair use. <br />Intent of Resolution #961 & Non-Conforming Use Standards: <br />The resolution establishing the legal non-conforming use of the <br />property specifically spelled out limits and guidelines for the continued <br />service station use but Item 6 of Section IV of that resolution notes the <br />following: <br />”6. Other uses may be considered by the Council upon application and <br />upon a finding that the proposed use is less non-conforming than the <br />above permitted uses." <br />This section has been the basis for similar ^iplications that sought to <br />change the approved use to another commercial or non-conforming use. <br />Paul Fahlin, a previous applicant, sought to relocate his bait shop <br />operation to the subject property and maintain the gas sales. The <br />application was denied, staff has enclosed a copy of that resolution noting <br />the findings for denial (Exhibit G). <br />In 1983, Council granted a conditional use permit to Craig Olson to <br />allow the use to expand to limited transmission repair use. Review Exhibit <br />H, the resolution that lists the required findings for approval of the <br />intensification of the non-conforming use. The limited tranmission repair <br />use was deemed compatible with service station use that had always existed <br />on the property. Note that Council also responded to the economic <br />pressures brought on by the oil crunch during that period of time for all <br />independant small operators. Another big factor was that the neighborhood <br />wanted the service station use to remain.