11-13-1990 Council Packet - Laserfiche WebLink

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MOH, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the conditional use permit and variance for the property described above, based upon one or mere of the following findings of fact concerning this property: FINDINGS 1. On November 14, 1978, Ordinance #214 was adopted rezoning the property to LR-IA, single family lakeshore residential district. 2. A portion of the property was originally zoned B-1, commercial. 3. The LR-IA zoning district requires a minimum of 2 acres in area? the property consists of 11,435 s.f. or .26 acres in area. 4. Comparable use in a commercial district would have the following minimum area requirements; B-1. B-4 and B-5 would require a minimum of 20,000 s.f. in area; B-2 and B-3 require a minimum of 2 acres in area. In 1978 at the time of the rezoning of the total property to LR-IA, a gasoline sales/auto repair business existed on the property. Prior to the 1978 rezoning this use existed as a permitted use requiring a conditional use permit. The LR-IA zone does not allow gasoline service station use. Portions of the gas station use encroached into the surrounding LR-IA zone. 5. On December 18, 1978, the City adopted Resolution #961 establishing a conditional use permit for the operation of a lawful non-conforming use of the property. 6. Under Orono Municipal '■‘cl - Portion 10,03, wSubdivision 5, a conditional use permit is required for a lega non- conforming use as automatic condition or result of the rezoning (e.g. adoption of Ordinance #214). 7. Conditional use permit issued pursuant to the adoption of ResolULici #961 allowed the property to continue to be used for the existing gasoline sales/auto repair use subject to all pertinent sections of the non-conformirg use sections of the Orono zoning code and to special conditions set forth in Resolution #961.