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ZONING STATUS <br />Woodhill Property currently zoned an RR-1B and was formerly zoned R-1BB. Ever <br />since the adoption of the current zoning district system in the City of Orono, golf <br />courses and country clubs have been conditional uses in the RR-1B (formerly R-1BB) <br />districts. On adoption of the new zoning system, Woodhill applied for and obtained a <br />conditional use permit in 1968. The 1968 CUP is attached as Exhibit 1. The 1968 CUP <br />placed no time period and imposed no conditions other than operation as a golf course <br />and country club. All current and former city staff and the council member who moved <br />the 1968 CUP agree that the Woodhill permit was for a permitted conditional use, not a <br />non-conforming use. <br />The CUP permit shows both the 'A/o^dhill Road access to County Road 15 and the <br />west driveway access to Woodnn Road. (Robert Searles, the Orono council member <br />who moved to grant the 1968 CUP, testified that he knew and used Woodhill Avenue, <br />believed that Woodhill Avenue access to be part of Woodhill ’s CUP application and <br />intended the CUP to allow unrestricted use of the Woodhill Avenue access.) The 1968 <br />CUP to operate W'oodhill Country Club as a golf course places no limitation on the use <br />of the west access to Woodhill Avenue. <br />The "use" authorized by the 1968 CUP - golf course and country club - has never <br />lapsed and the 1968 CUP remains in full force and effect. Various levels of pedestrian, <br />bicycle, and vehicular traffic on Woodhill ’s primary and secondary access have not <br />caused the 1968 CUP to lapse. Neither the 1968 CUP nor any Orono ordinance places <br />any minimum level or frequency of pedestrian, bicycle, or vehicular traffic necessary to <br />retain the right of access mcognized in the 1968 CUP. <br />Since 1968, Woodhill has obtained additional conditional use permits for the <br />construction of three new structures (tennis courts, maintenance building, and a pump <br />house) that were not shown or Included on the 1968 CUP application (unlike the <br />Woodhill Avenue access) and a land alteration permit in connection with work on a <br />driving range. <br />The driveway on the Woodhill property that runs west from the maintenance building to <br />the western properly line of Woodhill Country Club is not a “private road ” under the <br />Orono ordinance k is simply a driveway located on Woodhill ’s property. The driveway <br />abuts a public -ireet. <br />I <br />I <br />I <br />I <br />I <br />I <br />1 <br />1 <br />I <br />I <br />I <br />Docf»ni3102\l <br />• * <br />H