11-17-2025 - Agenda Packet Planning Commission - Full Packet

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00 00 T Illegal nonconformities are those that were not permitted when the zoning district was established. Illegal nonconformities do not have the rights associated with legal non conformities. While these uses may exist because a prior zoning ordinance was not enforced, a city's failure to enforce a prior zoning ordinance does not give a landowner the legal right to continue an illegal nonconformity. While commercial/industrial use of the site is illegal, even if Hennepin County were able to demonstrate the commercial/industrial use at the North Arm Landing is a legal nonconforming use, the proposed design would still not be allowed. Under Minnesota Statute and Orono Zoning Code, the proposed changes at the North Arm Landing will constitute an expansion of nonconforming uses or the relocation of those uses to another part of the property and are therefore prohibited. A new "vertical access" for barges, a new staging area for commercial use, and redesign of the parking and traffic lanes to accommodate commercial/industrial use at this site are clearly expansions or relocation of nonconforming uses and are prohibited under Minnesota statute and the Orono City Zoning Code. (Minnesota Statutes, Chapter 462.357, Subd. 1e, paragraph (a) and Orono Zoning Code: Sec. 6.12.310, (a) (2)). See also: Orono Zoning Code: Sec. 6.12.310. - Nonconforming structures and uses. (c) Nonconforming structures. (3) Expansion of nonconforming structures. The term "expansion of nonconforming structures" includes any increase in a dimension, size, area, volume, or height; any placement of a structure or part thereof where none existed before; any addition of a site feature such as, but not limited to, a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; and any exterior storage, signs, or lighting. No expansion of nonconforming structures shall be permitted except as specifically listed and allowed herein... (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of the zoning code. Over the past several months, County staff have solicited the input from several large, commercial barge operators on the redesign of the North Arm Landing. It is unconscionable that County staff are soliciting support for the expansion of an illegal use at this site. It appears staff wants to garner the favor of commercial businesses, many of whom are not from the Orono area, rather than support the residents who live near the landing. The resulting design intensifies the hardcover on a sensitive shoreland site and is apparently designed to accommodate industrial and commercial uses which are unlawful. The county planners have ignored Orono's land development standards and its zoning regulations. To add insult to injury, it will no doubt fall to local police to try to enforce local ordinances after the dust settles. The proposed redesign of the North Arm Landing removes the trees and other vegetation along the north and northwest shorelands of the site. This vegetation screens surrounding residential properties from the lights, noise, and traffic at the Landing and from CR 51. While the County proposes to replace the trees, intensive vegetation removal is not permitted under Orono Shore land Regulations. See Orono Zoning Code Sec. 6.12.6300 (b) - Vegetation alterations: