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m <br />applicant failed to request a renewal of the 1987 <br />conditional use permit prior to its expiration. The <br />applicant may orly use the property for purposes permitted <br />in the LR-IA lakeshore residential zoning district. Retail <br />operations are not permitted in an LR-IA district. <br />37. Minnesota Statute Section 463.357, Subdivision 6 <br />provides in part; <br />"The Board of Appeals and Adjustments or the governing <br />body, as the case may be, may not permit as a variance <br />any use that is not permitted under the ordinance for <br />property in the zone where the effective person's land <br />is located." <br />The Council cannot approve the current application for a <br />conditional use permit-. <br />38. The property located at 1960 Shoreline Drive was <br />entitled to a conditional use permit when the property was <br />re' jned in 1978 from B-1 to LR-IA. Since the granting of <br />that original conditional use permit, 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 1967 <br />conditional use permit has lapsed. <br />Page 11 of 13