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ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 <br />• ZONING FILE 11497- TOBERMAN CONTINUED <br />not need to show a continuous use. There has to be a lapse of <br />use for one year. If there was one or five days of commercial <br />use during that one year, there is no lapse." <br />Mr. Dan Crear. 1900 Spates Avenue, said, "I had called the <br />City Administrator to find out if there had been new developments <br />regarding this property. There are jet skis on the property, <br />cars have been coming and going,. and there have been people in <br />the building. Up to that point, I have not seen the property <br />used at all. If you look back in the records you will see that <br />when the use changed from the transmission shop to the sail boat <br />sales, the Council never granted a Conditional Use Permit. The <br />matter was tabled, pending a decision as to what use the building <br />would have. If Mr. Toberman has been operating a business from <br />that property. as his lawyer has indicated, then he is in <br />violation of the City codes. The place is not being used for <br />storage at this point. There have been people in the building on <br />Saturdays and Sundays and I am sure they are running a jet ski <br />business." <br />Nettles asked Mr. Crear whether he has seen business <br />activities carried on in the building at any time during the past <br />2' years. <br />• .Mr. Crear replied, "The activity has just begun recently. <br />when dock slips were being leased, that was done from the garage <br />across the street. There were paint and supplies kept in the <br />transmission shop, but the leasing phone operation was done in <br />the garage. I believe that was because they had no approval to <br />operate the business from the transmission shop." <br />Mayor Grabek asked staff if Mr. Toberman was given <br />permission to operate his marina business from the transmission <br />shop. <br />Mabusth replied- "Mr. Toberman was never given any authority <br />to operate any business connected with the marina J.n the <br />transmission shop. That was to be strictly boat sales. The use <br />was to be separate from the marina. We have never given the <br />owner the idea that we would. approve such a use. The City did <br />not want a connection between the two properties..; and <br />historically there never has been." <br />Mr., Art. Tourangeau, 2060 Spates Avenue, stated that he <br />agreed with most of the things Mr. Crear and Councilmember <br />Nettles had said. He said, "I can see that property from my <br />kitchen window. Up until the City denied the Conditional Use <br />Permit,, there was no activity in that building. Since that time, <br />jet skis have been moved in. Business was always conducted <br />across the street. That transmission shop property has always <br />been separate from the marina." <br />. <br />- 7 - <br />