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KHEREASr the City Council has reviewed the application; <br />the recoirme-dations of the staff and Planning Commission; and the <br />comments of the applicant and applicant's attorney. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of <br />Orono, Minnesota hereby denies the conditional use permit and <br />variance for the property described above, based upon one or more <br />of the following findings of fact concerning this property: <br />FINDINGS <br />1. On November 14, 1978, Ordinance #214 was adopted <br />rezoning the property to LR-IA, single family lakeshore <br />residential district. <br />2. A portion of the property was originally zoned B-1, <br />commercial. <br />3. The LR-IA zoning district requires a minimum of 2 acres <br />in area; the property consists of 11,435 s.f. or .26 acres <br />in area. <br />4. Comparable use in a commercial district would have the <br />following minimum area requirements; B-1, B-4 and B-5 would <br />require a minimum of 20,000 s.f. in area; B-2 and B-3 <br />require a minimum of 2 acres in area. In 1978 at the time <br />of the rezoning of the total property to LR-lA, a gasoline <br />sales/auto repair business existed on the property. Prior <br />to the 1978 rezoning this use existed as a permitted use <br />requiring a conditional use permit. The LR-IA zone does not <br />allow gasoline service station use. Portions of the gas <br />station use encroached into the surrounding LR-IA zone. <br />5. On December 18, 1978, the City adopted Resolution #961 <br />establishing a conditional use permit for the operation of a <br />lawful non-conforming use of the property. <br />Page 2 of 13