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28. Orono Municipal Code Section 10.03, Subdivision 5 (A) <br />provides that: <br />"the non-conforming use may not be changed to another <br />non-conforming use". <br />29. In a memo to the Zoning Administrator from the <br />Assistant City Attorney, Suesan Pace-Shapiro, dated March 8, <br />1990, the City Attorney commented on Resolution #961, <br />approving the 1978 conditional use permit which allowed a <br />legal non-conforming use on the property. Resolution #961, <br />Item #6 provides the following: <br />"Other uses may be considered by the Council upon <br />application and upon the finding that the proposed use <br />is less non-conforming than the above permitted uses". <br />30. In 1978, the City approved the continued commercial use <br />of the 1960 Shoreline Drive property for gasoline sales and <br />auto repair. Since that time the City allowed an expansion <br />to include transmission repair of automobiles and small <br />trucks in an attempt to assist the former owner during the <br />"gas shortage/higher price" years when the business was in <br />danger of failing. <br />31. On June 8, 1987, the Council approved Resolution #2193 <br />granting a conditional use permit for a limited boat sales <br />â– operation finding that use to be less non-conforming than <br />the gasoline sales/auto repair/transmission repair use. <br />32. A boat sales/ship store use was never installed on the <br />property. No permitted commercial use has been made of the <br />property since the gasoline/auto repair use ceased in <br />May/June of 1987. <br />33. Condition #5 of Resolution #2193, approving the 1987 <br />conditional use permit for a boat sales/nautical shop, <br />provides the following: