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A RKSOLUTIOH DENYING <br />A VARIANCE TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 5 (B) <br />A CONDITIONAL USE PERMIT PER <br />SECTION 10.03, SUBDIVISION 5 <br />PILE #1497 <br />AND <br />WHEREAS, the City of Orono is a municipal corporation <br />organized and existing under the laws of the State of Minnesota; <br />and <br />WHEREAS, pursuant to State Statute 412 et. seq. and 462 <br />et. seq., the City Council of the City of Orono has adopted <br />zoning regulations for the protection of the public health, <br />safety and general welfare; and <br />WHEREAS, Gerald Toberman of Toberman Management Inc. <br />(hereinafter “the applicant”) has an interest in the property <br />located at 1960 Shoreline Drive within the City of Orono <br />(hereinafter "the City") and legally described as Lot 2, Block 1, <br />Tourangeau Addition, Hennepin County, Minnesota (hereinafter "the <br />property"); and <br />WHEREAS, the applicant has applied to the City of Orono <br />for a conditional use permit per Section 10.03, Subdivision 5 to <br />allow non-conforming commercial use of the residential property <br />involving a boat sales/ship store; and <br />WHEREAS, Section 10.03, Subdivision 5 (E) requires a <br />variance for a non-conforming use of property as conunercial use <br />of the property has been discontinued for over a 12 month period <br />of time; and <br />WHEREAS, the applicant has discontinued use of the non- <br />conforming use for :iore than 12 months; and <br />WHEREAS, the City Council has reviewed the application; <br />the recommendations of the staff and Planning Commission; and the <br />comments of the applicant and applicant's attorney.