11-13-1990 Council Packet - Laserfiche WebLink

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"authorities granted by this conditional use permit run with the property not with the applicant, but are permissive only and must be exercised by application for a permit within one year of the date of Council approval, or this conditional use permit will expire on that date (June 8, 1988)." 34. Applicant and applicant's attorney argue that the language in Condition #5 is misleading. Applicant and his attorney argue that Condition #5 is satisfied because the applicant obtained a building permit to make the necessary alterations to the property for a boat sales/nautical shop. Finding #15 set forth above negates this claim. Applicant had adequate notice concerning the expiration of the conditional use permit and the legal status of that permit. 35. Orono Municipal Code Section 10.03, Subdivision 5 (E) provides : "Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of this zoning chapter". 36. The 1987 conditional use permit has lapsed since a boat sales/nautical shop was not in use by June 8, 1988 and the applicant failed to request a renewal of the 1987 conditional use permit prior to its expiration. The applicant may only use the property for purposes permitted in the LR-IA lakeshore residential zoning district. Retail operations are not permitted in an LR-IA district. 37. Minnesota Statute Section 463.357, provides in part: Subdivision 6 "The Board of Appeals and Adjustments or the governing body, as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the effective person's land is located." The Council cannot approve the current application for a conditional use permit.