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11-26-1990 Council Packet
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11-26-1990 Council Packet
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6. Under Orono Municipal Code Section 10.03, Subdivision 5, <br />a conditional use permit is required for a legal non- <br />conforming use as automatic condition or result of the <br />rezoning (e.g. adoption of Ordinance #214). <br />7. Conditional use permit issued pursuant to the adoption <br />of Resolution #961 allowed the property to continue to be <br />used for the existing gasoline sales/auto repair use subject <br />to all pertinent sections of the non-conforming use sections <br />of the Orono zoning code and to special conditions set forth <br />in Resolution #961. <br />8. The property continued to be used for gasoline sales, <br />auto/transmission repair through May/June of 1987. <br />9. On June 8, 1987 a conditional use permit was gr'-'nted to <br />the applicant for a boat sales/nautical shop. No boat <br />repairs were to be performed on the site, and as such the <br />boat sales/nautical shop use was considered a less intense <br />commercial use of the residential property than the gasoline <br />sale auto repair use. <br />10. Resolution #2193 was considered based upon the <br />standards set forth in Orono Municipal Code Section 10.03, <br />Subdivision 5 (J) and conditions contained in Orono <br />Resolution #961. Orono Municipal Code Section 10.03, <br />Subdivision 5 (T) provides as follows; <br />The non-conforming use provisions of the zoning chapter <br />apply only to the use to which land and buildings are <br />put and do not apply to situations where location or <br />height of structure, lot size or other factors not <br />involving the use of the premises prevent strict <br />conformance with the requirements of the zoning <br />chapter. Where, however, such a situation existed <br />legally under the prior applicable law, the Council <br />Page 3 of 13
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