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i Mayor and City Council May 4,1999 Page 4 11. In early May, 1998. the Club expanded the way into a wider gravel road, removing numerous trees and vegetation and graveling the area. No pennits were sought by the Club prior to the work. The Club did not apply for a conditional use pemiit for the construction of the gravel road or a permit to extend the gravel road onto a public street. C. Discussion of Relevant Parts of the Club’s Application. The Club, in its application, provides its version of the history of the ownership of property, permits for the Club, special assessments, and historical use of the w ay to Woodhill Avenue. A review of the depositions in this case and the City's Responses to Request for Admissions and Answers to the Club’s Interrogatories shows that the City and Club do rot agree on the relevance and veracity of many of “facts” alleged by the Club in the application. The Club can debate what are the facts for some time. However, what is not debatable is that the Club must obtain a conditional use permit and other permits to construct and use a access road to Woodhill Avenue, for one of several different reasons: 1. The 1968 conditional use permit did not show a connection to W’oodhill Avenue and it did not indicate the public would be using Woodhill Avenue. 2. If it is found that the Club did obtain some sort of approval for access to Woodhill Avenue, the Club lost that use due to the non use of the way to Woodhill Avenue for at least the period from 1980 to the present (if not before 1980). The City Code states in Section 10.09: “Subd. 9. Conditional Uses: Lapse of Use. Should a conditional use permit lapse or cease for a period of six (6) months, future use shall be in conformance with the terms of the Zoning Chapter unless such lapse or cessation is determined to be due to illness, natural disaster or acts of war.” This purposeful lapse of use was repeatedly reinforced b\ the Club, including the representations made by the Club to Ms. .Mebusth in 1988 related to the conditional use for the maintenance building. 3. In any event, the proposal now by the Club for permanent vehicular use of this proposed access road for the entire Club area of 214 acres is a dramatic expansion over the very limited prior use and represents the very' reason why such uses need to be treated as conditional use permits. Instead of focusing on disputed history, the City correctly is focusing on the standards in its ordinances. There are two real but unspoken reasons for the Club’s desire to open the 26025 <0 I