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.%.MIN.UTES OF THE REGULAR ORONO COUNCIL MEETING β€” SEPTEMBER 9, 1991 <br />ZONING FILE ##1671 β€” CONT. <br />Barrett informed the Council that they must determine if the <br />non β€” conforming use has been abandoned and determine whether the <br />use proposed is significantly different than the previously <br />approved use. <br />Jabbour clarified that if abandonment is established, the <br />Council has a legal obligation to revert the property to <br />residential use. <br />Barrett concurred that if the nonβ€” conforming use is <br />determined to be abandoned, the Council cannot grant use <br />variances. <br />Tim Otten, 300 Angel Avenue, Watertown, joint owner, noted <br />that the previous owner defaulted on the contract for deed and he <br />and his brother purchased the property.in May from the original <br />contract for deed holder. He noted that is why the property has <br />been vacant for so long. <br />Butler advised Otten that the use of the term abandonment <br />refers to the approved use and not the land itself. She asked <br />when the previous use ceased. <br />Turner informed the Council that he had found deposit slips <br />in the building dated December 1990 and he noted the letter <br />included with his application that stated that the property was <br />used up until mid -1991 for the sale of vegetables in the parking <br />lot. Gary Kirk, owner of Paul's Produce, explained to Turner <br />that he had granted permission to use the property until January <br />1991. <br />Goetten compared the situation to that on Shoreline Drive as <br />both properties discontinued use because of extenuating <br />circumstances. She felt that the property is not suitable for <br />residential use and would like to see a commercial use continued'. <br />Jabbour explained that they needed to determine the exact <br />date of discontinued use on the property. He informed staff that <br />he would like to see the resolution which approved the most <br />recent conditional use permit application to see if the use is <br />compatible with what is being proposed. <br />Mayor Peterson concurred.with Jabbour. <br />Butler felt that the property is not an appropriate spot for <br />residential use and may at some time in the future be appropriate <br />as part of a clover leaf interchange for Highway 12. She felt <br />that deposit slips did not adequately show that a business <br />existed during that time period and she noted to the applicant <br />that he must validate it in another way. <br />5 <br />