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r • m <br />■■ ' mmm <br />iii'mr <br />City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 1364_ _ _ _ <br />A RESOLUTION DENYING A, CONDITIONAL USE <br />PERMIT APPLICATION FOR PAUL FAHLIN TO <br />PERMIT THE INSTALLATION OF A BAIT SHOP <br />AT THE SERVICE STATION LOCATED AT <br />1960 SHORELINE DRIVE <br />i^HEREASf th© City of Oirono is a municipal corporation organized <br />and existing under the laws of the State of Minnesota; and <br />WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. <br />the City Council of the City of Orono has adopted zoning regulations for <br />the protection of the public health, safety and general welfare; and <br />WHEREAS, on November 14, 1978, the Orono City Council adopted <br />Ordinance 214 rezoning portions of the property located at 1960 Shoreline <br />Drive from B-1 to LR-lA; a property legally described as Lot 2, Block 1, <br />TourSitgeau Addition, hereinafter referred to as the property; and <br />WHEREAS, as an automatic condition of that rezoning Council <br />adopted Resolution 961 on December 18, 1978, formally recognizing the <br />existing service station use on the property as a legal non conforming <br />use and identified the only permitted commercial uses on the property; and <br />WHEREAS, pursuant to Resolution 961, Section IV (6), <br />"6. Other uses may be considered by the Council upon <br />application and upon a finding that the proposed use is <br />less non-conforming than the above permitted uses.” <br />Paul Fahlin has applied for a conditional use permit to allow the <br />installation of a bait shop in p]ace of the approved car repair use at <br />^^d station in the hope that this use would be less non conforming; <br />WHEREAS, the existing LR-lA zoning district does not permit <br />a bait shop use; and <br />WHEREAS, the non conforming use sections of the Orono Zoning Code, <br />specifically Ordinance 31.101 and Ordinance 31.108 do not permit the <br />change from one non conforming use to another non conforming use nor <br />the expansion of a non conforming use; and <br />WHEREAS, the City Council has reviewed the application, the <br />recommendations of staff and the Planning Commission and letters from the <br />applicant. <br />I