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t; xN • F. y <br />M E M 0 <br />TO: George <br />FROM: John <br />DATE: 5/18/87 <br />RE: Ed Henrich/zoning problem <br />have just had the opportunity to make a final review and <br />evaluation regarding the possibility of obtaining a variance for <br />Lot 19, Highwood Lake Minnetonka. After extensive review of the <br />City Code of the City of Orono, Minnesota, it is my conclusion <br />that as a matter of right, the City must grant a variance and <br />allow building on Lot 19. <br />Under section 10.02 of the City Code entitled "Definitions," <br />the o:.d house fell under the categories of subdivision 47 "Non- <br />conforming Structures," and subdivision 48 "Non -conforming Use." <br />Subdivision 47 defined a non -conforming structure as "any <br />structure which is legally existing on January 1, 1975, which <br />would not conform to the applicable regulations if this structure <br />were to be erected under the provisions of the zoning chapter_." <br />Subdivision 48 defined non -conforming use as "use of land, <br />buildings or structures legally existing on January 1, 1975, , <br />which does not comply with all the regulations of the zoning <br />chapter or any amendments to t governing the zoning district in <br />which such use is located." Under these definitions, if the <br />building existed on January 1, 1975, the use of that building <br />constituted a lawful, non -conforming use. <br />In section 10.03 of the code, "General Provisions", <br />subdivision 5 states that "any land or buildings which were <br />actually and legally devoted to a non -conforming use or. January <br />1, 1915, may be continued in said non -conforming use pursuant to <br />conditional use permit granted as hereinafter specified." <br />Subsections h and i stated respectively "normal maintenance <br />of a building or other structure dontaining or related to a <br />lawful, non -conforming use is permitted, including necessary <br />nonstrucural repairs and incidental alterations which do not <br />extend. or intensify the non -conforming use," and "alterations may <br />be made •.o a building containing lawful, non -conforming <br />residentit units when they will improve the liveability thereof, <br />provided they will not increase the number of dwelling units or <br />bulk of the building." <br />Subsection j, which applies to uses only, states that "the <br />non -conforming use provision of the zoning chapter applies only <br />to the use of which land and buildings are put, and do not apply <br />