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Any land or buildings which were actually and <br />legally devoted to a non-conforming use on <br />January 1, 1975, may be continued in said <br />non-conforming use pursuant to conditional use <br />permit granted as hereinafter specified. <br />On December 18, 1978 the Orono City Council Passed <br />p/olie ’e*’/ <br />A-J. <br />effect Of" rr/oirsiSr r9?rSirnar^^°e" <br />p .-ovides: <br />Other uses niay be considered by the Council upon <br />application and upon a finding that the proposed <br />use is less non-conforming than the above <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 «as to let the <br />oroDetty owne know that a variance may be applied for and <br />considered un er appropriate circumstances, to vary 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 />Resolution Ho. 2193, granting a second ^ <br />allow a boat sales/nautical shop use at ,9-7 <br />rpolacina the service station/transmission shop. The 198/ <br />Conditional Use Permit was subject to various conditions: within <br />the conditions requires the applicant to apply for ® P-YtTonal use <br />a year from the^date^^the Co^uncil approved the^condi^t^ion^al <br />perpetuated the same language of the Code and Section IV, Item 6 <br />in Resolution No. 961 set forth above. <br />I. <br />raised: <br />HAS THE iq«7 CONDITIONAL USE PERMIT EXPIRED? <br />Based upon these facts, the following questions are <br />-7- <br />i ..