05-11-1999 Public Hearing - Woodhill CC

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05/11 ^'99 15:31 no.862 FOOT LINDQUIST & VENNUM P.L.L.P Answer: Question: Answer: Question; Answer: Question; Answer: “No. there was no intent to change the Woodhill Country Club, the use of its property or its accesses, and this is a specific memory.” “Can you describe for me, when you say the word “Woodhill Counuy Club’s access” as to what you mean? “Well, 1 mean the access to 15 and the access to Woodhill Avenue. Those aie the two accesses.” “Would it be accurate to slate that in the permit that you moved approval of. there is no limitation on Woodhill’s use of - Woodhill Country Club’s use of Woodhill Avenue?” “There were no limitations." mm* “In connection with the permits that you moved approval of, did you understand that Woodhill Country Club would have to seek City approval to either raise or lower a chain across either of its driveways?” “No, there is no such • I have no recollection of any such view by the City of Orono (See Searles deposition at pages 57-59). 4.The 1968 Conditional Use Permit has never lapsed. In his “lapse" argument, Mr. Malkerson simply ignores the language of the ordinance which provides: “Should a conditional use permit lapse or cease for a period of six months...." (emphasis added) Mr. Malkerson ignores that subdivision 8 of the ordinance applies only when a “permit” lapses. The 1968 conditional use permit was for use of the property as a golf course and country club. The permit has never lapsed and has never been Withdrawn by the City of Orono. Furthermore, the permitted "use,” i.e. golf course and country club, has never lapsed. Indeed, even Woodhill Country Club's utilization of its acce.ss to Woodhill Avenue has continued from 1968 to today. Throughout the ‘60’s and ’70's, the road was used by members, guests, and employees. After imposing restrictions on regular vehicular use, the access continued to be used throughout the 1 980's. George Jcnnrich, former grounds Dor* m9S04\)