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2014, the City and the owner entered into a Development Agreement that, in <br /> effect, required the development of the property for use as a car sales facility. <br /> Please refer to the plat approval, the variance order, the issuance of the <br /> conditional use permit and the execution and performance of the Development <br /> Agreement, with regard to the understandings and agreements between the <br /> owner and the City with respect to the use of the Jabez Second property as a car <br /> sales facility. <br /> 2. She owner has expended substantial sums as required by the City, <br /> in reliance on the owner's having a properly zoned legally conforming use <br /> property for an automobile sales facility. In reliance on the City's actions set <br /> forth above, the owner spent approximately $875,000 fulfilling the City's <br /> requirements for improvements, as set forth in the Developer Agreement, and <br /> paying the various related charges, fees, costs, assessments and expenses. <br /> Please see the statement of costs appended hereto. <br /> . She owner has also paid out millions of dollars to develop this <br /> property in reliance on its having a properiv zoned conforming use property for <br /> an automobile sales facility. She owner has spent in excess of $3.2 million to <br /> develop and build a new KIA dealership facility on this property. That outlay <br /> was made in reliance on the property's use being legal and conforming. <br /> 4. She prior findings of the City support the use of this property for car <br /> sales. Please refer to the findings set forth in the City issued resolutions, <br /> permits and approvals. By example, "She variance...will remain consistent with <br /> the city's comprehensive plan." (See Variance Order.) And, "She proposed <br /> subdivision is consistent with all applicable general and specialized city, county, <br /> and regional plans including, but not limited to, the city's Comprehensive Plan." <br /> (See resolution 14-£I6.) <br /> 5. If a property is deemed to be or becomes a non-conforming use <br /> various adverse consequences follow. We direct the Commission's attention to <br /> Minnesota Statutes, Section 462.357, for the applicable state statute, but <br /> generally, and to quote from various sources, once a property becomes non- <br /> conforming, various adverse consequences follow: <br /> 2 <br />