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�} � - . . . . :;��., ��.. Clt of ORONO , d .:.:�-.�� . 3' • ., � �� ; -,},��,`�:". RESOLUTION OF THE CITY COUNCIL ��'' 1572 ,�.^, � :�., � NO: '�4� `� • • • y GRANTING A CONDITIONAL USE PERMIT PER � .. ...^Y:S. MiJNICIPAL ZONING CODE SECTIOI� 31.10P! AND P�� SECTION 31.11g, GRANTING A VARIANCE TO MUNIQIPAL ZONING CODE SECTION 31.1P11 - FILE �773 WHEREAS, H. Richard Zuckman (hereafter "applicant" ) has made application to the City of Orono (hereafter "City") to permit the continuation of the legal non conforming use of the property located at 3995 NoYth Shore Drive and in addition seeks approval of an "after the fact" unauthorized change from one non conforming use to another non conforming use; and WHEREAS, Robert F. Suess, Joan L. Suess and Charles J. Maciosek have an interest in the property legally described as follows: That part of government Lot 2 described as beginning at the NW corner of Section 17 thence East along North line of government Lot 2 distance . 362.35 ft thence South at right angles 148. 5 ft thence West alorig South line of North 148 . 5 ft thereof to shore of Lake Minnetonka thence Northwesterly along said shore to West line of said government Lot 2 � � thence North to point of beginning also that part of government Lot 5 Section 18, Township 117, Range 23 lying South of North 33 ft thereof except roads. (hereafter "property") ; and WHEREAS, per Section 31. 1f�g, the applicant and proposed new owner of the property has appli�d for a conditional use permit to allow the continuation of the legal non conforming use of the property and per the directive of Section 31. 110 as follows : 31. 1101. APPLY TO 'USES" ONLY. The non-conforming use provisions of the Zoning Code apply only to the use to which land and buidings are put, and do not apply to situations where location or height of structures , lot size or other - factors not involving the use of the premises prevent strict conformance with the requirements of the Zoning Code . Where, however , such a situation existed legally underthepriorapplicablelaw, the Council will not unreasonablyrequire strict compliance and will generally look with favor on granting of a variance under 32. 300. � seeks a variance to Section 31. 101 to permit a change from one non conforming use to another non conforming use of the property. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono , Minnesota : FINDINGS . 1 . The application was reviewed as zoning file no. 773 . 2. The property is located in the LR-1C Lakeshore Residential Zoning District.