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Cit� o� ORONO RESOLUTION OF THE CITY COUNCiL • NO. 1114 • � • • A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A LEGAL NON-CONFORMING USE, INCLUDING LOT USE RESTRICTIONS FOR KEITH KATCHER AND LEO DUEHN WHEREAS, the Planning Commission and the City Council have reviewed a request by Keith Katcher and Leo Duehn to permit boat repair, refinishing and storage on property located at 1140 North Arm Drive; and WHEREAS, said property contains a residence, a garage and a shop building on approximately 1. 3 acres of land as shown and legally legally described on Exhibit A; and WHEREAS, since 1941 , the property has been the residenc•e of Mr. Duehn as well as his place of business since 1949; and WHEREAS, commercial use of the property became a legal non- conforming use on January 1 , 1968 , , effective date of Ordinance 93, the 1967 Zoning Code which established the area a� a single family residential use district; and , WHEREAS, on September 9 , 1968 , the City Council issued a __ Non-Conforming Use Permit (Exhibit B) authorizing continued operation of the then existing "Leo' s Body Shop" for auto repair and auto body repair purposes; and WHEREAS, in October, 1977 , Keith Katcher leased the shop building from Mr . Duehn and converted the auto repair business to KK & Kompany, a boat repair and refinishing business ; and WHEREAS, Mr. Duehn continues to reside on the property and simultaneously uses portions of the property for the commercial storage of boats ; and WHEREAS, Section 31 . 100 of the current 1975 Zoning Code allows continuation of all existing legal non-conforming uses of land such as the previously documented auto repair business ; and WHEREAS, Section 31 . 101 provides that "the non-conforming use may not be changed to another non-conforming use" , NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby makes the following findings of fact:. 1. The property has always been residentially used and is � considered to be primarily residential property. Cor,unercial activities on the property will always be considered accessory _ to the primary r�sidential use . 2 . A certain level of commercial activity on the property may be carried on as in the past, pursuant to legal non-conforming use permits, but this use shall not be substantially changed or increased in intensity. PAGE_�OF�_ • .