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r-' <br />b <br />p ■ <br />i; <br />f <br />r* <br />pt: <br />K\ <br />Any land or buildings waicr. were acrua-.y anc <br />legally devoted to a r.cn-contorming use on <br />January 1, 1975, may be continued in said <br />non-conforming use pursuant to conditional use <br />permit granted as hereinaj. >.er specitied. <br />Conditional Use Permit was subject to •J?nn^i^°us4as well as the general provisions governing conditional use <br />permits provided in Orono Municipal Code Section 10.03, subd. 5. <br />A-J. <br />A Question has arisen concerning the reason for, and the <br />effect of a provision in the 1978 Conditional Use Permit which <br />provides: <br />permitted use. (Emphasis added.) <br />I have discussed that provision with Bruce Malkerson of <br />our office who was the City Attorney for Orono at that time. He <br />indicates that the intent of the Council then was to let the <br />property owner know that a variance may be <br />?Sn^dered under appropriate ..rcumstances, to van- the provisions <br />of Code Section 10.3, subd. 5A. <br />Orono Municipal Code Section 10.3, subd. 5A <br />provides that: <br />The non-conforming use may not be changed to <br />another non-conforming use. <br />On June 8, 1987 the City Council passed <br />R.aolution No. 2193, granting a second conditional use permit to R. solution NO^. Shop use at i960 Shoreline Drive. <br />reolacina the service station/transmission shop. The i987 <br />cSSdltional use Permit was subject to various conditions: One of <br />the conditions requires the applicant to apply for a permit w^^hin <br />a year from the date the Council approved the conditional use <br />permit, or the permit will expire. iterateperpetuated the same language of the Code and Section IV, Item 6 <br />in Resolution No. 961 set forth above. <br />I.TWg igflT mwnTTTOMAl. use perut t expired ? <br />Based upon these facts, the following questions are <br />-2-