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ORONO COUNCIL MEETING HELD MARCH 11, 1991 <br />( #4)ZONING FILE #1497- TOBERMAN CONTINUED <br />Gilbert replied, "I did not focus on the issue as I did not <br />see it as being relevant since we did have a Conditional Use <br />Permit. M.:. Toberman invested $170,000 in this property to run <br />that business, pursuant to the Conditional Use Permit granted by <br />the City." <br />Goetten asked Barrett what <br />i-1 a position where it would <br />renewal if nothing more occurs <br />efforts to start a business. <br />the City could do to put itself <br />not have to grant yet another <br />on the property than good faith <br />Barrett replied, "I would first rely on the statement made <br />by Mr. Gilbert, pertaining to waiving the legal right to renew <br />the use after a one year period. You may wish to include such <br />language in your approval." <br />Gilbert said, "The legal rights would be waived unless a use <br />was started within the next 12 months." <br />Barrett stated that he was not sure what constituted <br />starting a use. <br />Goetten agreed that attempts to start the use have occurred <br />in the past and gone nowhere. <br />Butler said, "Attempts to start a new business did not go <br />beyond physical improvements to the property. The property was <br />never open for business. The building has remained empty." <br />Jabbour stated that based on the information provided by <br />3arrett, there seems to be a legal position for Mr. Toberman. He <br />said, "I do not believe it is wise to put the City in a position <br />where it may be required to spend money litigating this matter. <br />I think we should define what in our mind constitutes the <br />starting of a business. I do not believe that preparing the <br />building and attempting to secure a tenant constitutes starting a <br />business." <br />Goetten expressed concern for the safety aspect of using the <br />property. She stated that it is likely, no matter how the <br />property is used, that there will be people crossing County Road <br />15. <br />Jabbour added, "There is to be absolutely no crosswalk." <br />Barrett suggested that if it is Council's intention to grant <br />the renewal, that they direct Staff to provide some criteria that <br />will constitute the starting of a business. He said, "I believe <br />the criteria should involve the purchase and availability of a <br />certain level of stock, regular business hours, regular sales <br />- 7 - <br />