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38. The property located at 1960 Shoreline Drive was <br />entitled to a conditional use permit when the property was <br />rezoned in 1978 from B-1 to LR-IA. Since the granting of <br />that original conditional use permitr the City has continued <br />to grant many concessions regarding the use of this <br />property, based upon findings that each new use was less <br />non-conforming than a previous use. <br />39. In 1987 the property was granted a conditional use <br />permit because the sailboat sales and nautical shop retail <br />operation was viewed as less non-conforming than a <br />transmission repair business. <br />40. The property has not been used for a legal non- <br />conforming commercial use for more than 2 years and per <br />Section 10.03, Subdivision 5 (E) of the Orono Code, the 1987 <br />conditions] se permit has lapsed. <br />41. The City Council cannot grant a use variance, pursuant <br />to Minnesota Statute Section 463.367, Subdivision 6. Any <br />future use of the property must be for a permitted use in <br />the LR-lA zoning district. <br />42. In review of specific findings noted above, it is <br />apparent that the applicant had received adequate notice <br />advising of the expiration of the 1987 conditional use <br />permit. The 1987 conditional use permit expired June 8, <br />1988. The current application for the commercial use of the <br />property was filed January 24, 1990. <br />43. The property can be put to a reasonable allowed use. <br />It can be combined with the adjacent residential property <br />also owned by applicant but applicant has failed to meet <br />with staff to discuss options for residential use of the <br />property. <br />44. The intent of the application is contrary to the intent <br />of the Orono Comprehensive Plan. <br />45. The granting of this conditional use permit and <br />variance would establish an adverse precedent in the City. <br />m