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Mayor and City Council May 4.1999 Page 4 11. In early May, 1998, the Club expanded Uie way into a wider gravel load, removing numerous trees and vegetation and gra\ eling the area No pcunits were sought by the Club prior to the work. The Club did not apply for a conditional use pcrniii for tl;e consUucMon of the gravel road or a permit to extend the gras el road onto a public street C. Discussion of Relevant Parts of the Club’s Application The Club, in its application, ptovides it? version of the history of the ownciship of property, permits for the Club, special assessments, and historical ,isc of the way 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 not agice on the relevance and veracity of many of ’’facts" alleged by the Club in the application The Club can debate what arc the facts for some time However, what is not debatable is that the Club must o...tain a conditional use permit and other permits to construct and use a access road to Woodhill A*'cnue, for one of several different reasons: 1. The 1903 conditional use permit did not jhow » cr„ •• tmn to Woodhill Avenue and it did not indicate the public would be using Woodhih Av... ic 2. If it is found that the Club did obtam 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). Tire City Code states in Section 10.09 “Subd 9. Conditional Uses: Lapse of Use Should a conditional use permit lapse or cease for a peiiod of six (6) months, future use shall be in conformance with the terms of the Zoning Chapter unless such lapse oi cessation is determined to be due to illness, natural disaster or acts of war ” This purposeful lapse of use was repeatedly reinforced by lire Club, including the representations made by the Club to Ms Mebusth in 1988 related to the conditional use for the maintcirance 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, tire City correctly is focusing on the standards in its ordinances. There arc two real but unspoken reasons for the Club’s desire to open the 2602S