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� Cit of ORONO <br /> � � <br /> � <br /> RESOLUTION OF THE CITY COUNCIL <br /> � NO. /� �� <br /> • - • • <br /> 12. Under provisions of Section 31. 100 , Mayona Sundlin applied <br /> for and was granted on September 9 , 1968, a Conditional Use <br /> Permit for a non-conforming use as follows: <br /> a) "Non-Conforming Use Permit for Fruit & Vegetable Stand. " <br /> b) "One building for vegetables and groceries plus living <br /> quarters. Approximately 40 ' X 50 ' . One acre for building <br /> and parking. Cold Storage Building. " <br /> 13 . Note that the actual size of the main structure is <br /> 49. 0 ft. X 60 ft. as shown on the April 19 , 1980 survey, <br /> not 40 ft. X 50 ft. as stated in the CUP. There is no <br /> evidence that the basic structure size was altered since <br /> 1967 . <br /> 14. The provisions of Section 31. 100 included prohibitions <br /> • against changing the use to another non-conforming use (31 . 101) <br /> or extending the area of the non-conforming use (31. 103) . <br /> 15. The Zoning District was changed effective January l, 1975 <br /> from R-1C to RR-1B concurrent with City wide rezoning. The <br /> minimum lot area increased from 1 to 2 acres . No change was <br /> made in permitted or conditional uses . Therefore, use of this <br /> property remained non-conforming. <br /> 16 . There was no change in use in the property and no building <br /> permits were issued for any change in buildings or structures <br /> between the issuance of the non-conforming use permit in 1967 <br /> and the change in ownership in 1977 . <br /> 17. Testimony of Alan Olson, City Planner, has been that Orton <br /> Wisegarver visited the City offices prior to his purchase of <br /> the property and discussed with Olson the status of the property. <br /> Olson at that time told Wisegarver that the 12-Hi Market, as <br /> it was known under Cirspinski ownership, was a non-conforming <br /> use , could not be expanded, and that Wisegarver would have to <br /> apply to have the existing conditional use permit transferred <br /> to the new owner thereby clearly establishing the extent and <br /> character of actual use and authorized uses as of that time. <br /> 18. Wisegarver never applied for a conditional use permit <br /> • transfer until May 3 , 1980 . <br /> Page 3 of 17 <br />