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/}-m7 <br />Hbtory of Property <br />1. The existing horse bam has been at its ciment location and size since at least the mid- <br />I950 ’s or earlier. <br />2. The horse bam in the mid-19S0's was accessory to the residence now owned by Mr. <br />Struyk currently known as 40 Orono Orchard Road North. The property contained <br />approximately 40 acres at that time, including the residence and the bam. The small house <br />now known as 20 Orono Orchard Road N. (the "comer lot") was already on a separate parcel <br />as of the mid-1950's, although airphotos indicate that driveways interconnected the apparent <br />use of the two properties. The low area north of the bam (now the middle of the wetland <br />'in Lots 12 & 13) contained an oval riding ring. <br />3. The property, including the comer lot, was subdivide in 1978 to create new unsewered <br />bull tng sites of two-plus acres each. In July 1978 the City approved two optional lot <br />coiuigurations: <br />- a 12-lot plat with the bam and the comer house platted together as a single lot; or <br />a 13-lot plat with the comer lot separate from the bam, but the comer lot expanded <br />to contain at least 2 dry-buildable acres <br />The second option was ultimately chosen, and the City allowed dry-buildable credit <br />for the wetland area that exists today but which was dry in 1978. As a result, the <br />comer lot platted as Lot 13 contains 2-pIus acres of which only half is considered dry- <br />buildable by today's standatrds and prevailing condition. And, Lot 10 with the horse <br />bam contains approximately 3.7 acres of which approximately 0.1 acre is wetland. <br />4. In approving the subdivision as it was ultimately configured, the City did not address <br />the accessory structure status of the bam, and did not require that it be removed, although it <br />became an accessory structure without a principal structure. The City also placed no <br />conditions on the future use of the property, even though it obviously contained a horse bam <br />and fenced area historically use to keep horses. <br />5. A building permit was issued in November 1982 to Steve Neslund for a new ’ home <br />to be constructed on Lot 12 which was constructed during 1983 and Certificate of <br />Occupancy issued in January 1984. Curiously, the Certificate of Survey used to <br />obtain the building permit did not show the then-existing horse bam, although that <br />survey purports to show "the location of all buildings, if any, thereon...". <br />6. In July 1987 the City received a complaint about manure storage at the site. The <br />inspector did not find manure being stored but did find 3 horses. The inspector somehow <br />concluded that the site had 4.2 acres of land and ordered the third horse to be removed, which <br />was done w’ithout question since the third horse was apparently being housed only <br />temporarily for a friend of the owner.