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Ij <br />I- <br />f. <br />I <br />y <br />LIf <br />/ <br />To:Mayor Peterson and Crono City Council <br />Acting City Administrator Gerh^rdson <br />Proa: <br />Date: <br />Subject: <br />Jeanne A. Mabusth, Building & Zoning Adninist <br />September 5, 1991 <br />#1671 Bruce Turner, 3800 Wayzata Blvd - <br />Conditional Use Permit/Varianr.es <br />% <br />Zoning District: RR-IB <br />% <br />Pertinent Ordinances <br />1. <br />2. <br />3. <br />4. <br />Section 10.03, Subdivision F. - Non-conforming uses require <br />conditional use permits. <br />Section 10.03, Subdivision 5 (A) - A non-conforming use may <br />not be changed to another non-conforming use. Variance <br />required as applicant proposes a plumbing and electrical <br />showroon/sales shop that would replace a legal non ­ <br />conforming commercial use, vegetable/grocery retail shop. <br />Section 10.03, Subdivision 5 (E) - Whenever a lawful non- <br />conforming use of a structure or land is discontinued and <br />remains discontinued for a period of 12 months, any future <br />use of said structure or land shall be in conformity wirh <br />the provisions of this zoning chapter. <br />Staff advised that the informal sale of local farmers <br />produce was held within the parking lot area in the summer <br />of 1990. It was the opinion of the Planning Commission that <br />this was not the full commercial use approved for the site <br />and that the use approved had not been continued and that <br />applicant should be seeking a variance to this section also. <br />Council is asked to provide direction on this matter. <br />Section 10.03, Subdivision 5 (J) - 'Apply to *nses' only.' <br />The non-conforming use provisions of the Zoning Chapter <br />apply only to the use to which land and buildings are put, <br />and do not apply to situations where the location or height <br />of structures, lot size or other factors not involving the <br />use of the premises prevent strict conformance with the <br />requirements of the Zoning Chapter. Where, however, such a <br />situation existed legally under the prior applicable law, <br />the Council will not unreasonably require strict compliance <br />and will generally look with favor on granting of a variance <br />under Section 10.08 of the Municipal Code. <br />Staf^ would ask that you review Exhibit I, Suesan Pace- <br />Shapiro's memo, that questions the legality of this section <br />of the Code as it may result in the granting of use <br />variances in violation of the State Statute.