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1 <br />ORONO COUNCIL MEETING HELD MARCH 11, 1991 <br />PARK COMMISSION COMMENTS CONTINUED <br />Mayor Peterson thanked Gilbert for providing a brief update <br />of the Park Commission's activities. She informed Gilbert that <br />it is the intention of the City Council to schedule an April or <br />May meeting with the Park Commission. <br />PLANNING COMMISSION COMMENTS: <br />Planning Commission Representative, Sara Moos, was present, <br />but had no comments. <br />PUBLIC COMMENTS: <br />Curt Qaady stated that he had read an editorial in the paper <br />regarding the City of Orono merging with the City of Long Lake. <br />He said, "I hope the Council will consider this seriously, <br />although I believe that Orono has enough problems of its own <br />without inheriting those of the City of Long Lake." <br />ZONING ADMINISTRATOR'S REPORT: <br />( #4)ZONING FILE #1497- TOBERMAN <br />1960 SHORELINE DRIVE <br />CONDITIONAL USE PERMIT <br />Jim Gilbert, Attorney, was <br />PROPERTY <br />present on Mr. Toberman's behalf. <br />Bernhardson provided Council with a brief history of the <br />activities and issues involved with this property. He said, <br />"Council at their: November 1990 meeting voted to conceptually <br />deny the Conditional Use Permit, based on their belief that there <br />was a lapse in the non - conforming use. Mr. Gilbert's position is <br />that his client did not voluntarily abandon the use and would <br />like a re- instatement of that use. It is that issue that is <br />before Council this evening. It is my understanding that the <br />City Attorney received an Affidavit of Gerald Toberman from Mr. <br />Gilbert just this afternoon." <br />Barrett confirmed that he had received a copy of Mr. <br />Toberman's Affidavit, which states the facts surrounding his <br />efforts to continue the use of the property as granted in the <br />Conditional Use Permit. <br />Mayor Peterson stated that, based on the information <br />received from the Cite Attorney, it seems that the City is in a <br />position where it is compelled to grant the use to continue. <br />Barrett stated that his legal opinion is based on two <br />elements. He said, "If Council finds facts which support a <br />position that the Conditional Use Permit was not voluntarily <br />abandoned, then you would be well advised to allow the Permit to <br />be reinstated for a specified period of time. If, on the other <br />hand, Council determines that for reasons within Mr. Toberman's <br />control he decided not to voluntarily proceed with the business, <br />- 2 - <br />