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To: Planning Commission Chairman Kelley <br />Orono Planning Commission Members <br />City Administrator Bernhardson <br />From: Jeanne A. Mabusth, Building & Zoning Administrator <br />Date: June 1, 1988 <br />Subject: #1276 David C. Bell Investment Company, 3800 West Wayzata <br />Boulevard - Conditional Use Permit - Public Hearing <br />'oning District - RR-1B <br />Total Area = 71,482 s.f, or 1.64 acres (required 2 acres dry contiguous, <br />unsewered rural area) <br />Council Directive of Orono Resolution #1646 (Condition 6 B & C) Any change <br />in ownership of the Eroperty, if commercial market use is to continue, <br />would require the filing of a new Conditional Use Permit. <br />Pertinent Sections of the Code <br />Section 10.03, Subdivision 5 Non -conforming Uses A through I <br />List of Exhibits <br />Exhibit A - Application <br />Exhibit B - Property Owners List <br />Exhibit C - Plat Map <br />Exhibit D - Resolution #1377 <br />Exhibit E - Resolution #1646 - Review Specific Section Condition 6 B & <br />C, Page 7 <br />Exhibit F - Resolution /1735 <br />Exhibit G - Resolution #2188 <br />Exhibit H - Floor Plan Approved with Resolution 11735 <br />Exhibit I - Floor Plan Approved with Resolution #2188 <br />ExhibitJ - Floor Plan Amended with Building Permit - Need for Fire <br />Exit. <br />Exhibit K - Staff Letter 2/5/88 <br />Exhibit L - Approved Site Plan - 14 Parking Stalls <br />Review of the Unique History of the Non -Conforming Use at Residential Zoned <br />Property <br />New members to the Commission or other members interested in the history of <br />the property should review Resolution 1377, Exhibit D. Briefly to review, <br />the property has sustained a commercial/market use since the early 50's and <br />in 1968 the City granted a Non -Conforming Conditional Use Permit for an <br />existing market building that also contained an apartment/residence for the <br />current owner. The use under that owner continued through the 70's when at <br />sometime in the late 70's the ownership changed and the residence <br />apartment was no longer occupied. The City files reveal several zoning <br />violations created under the new ownership because the owner persisted in <br />expanding the non -conforming commercial use of the residential property. <br />Resolution 1177 approved in 1982 clearly reflected the very conservative <br />and restrictive position the City adopted in an attempt to contrcl the <br />commercial use of the property. Under t.rie directives of Resolution 1377, <br />