05-11-1999 Public Hearing - Woodhill CC

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• 05'll/99 15:31 n0.8b2 P004 LINDQUIST & VENNUM p.u u.p. a problem, the grading is simply a matter of inches and can be changed if the City Council deems it necessary. Woodhill’s CUP amendment application is unusual in that it is one of the rare cases in which a property owner has come to the city and requested the imposition of new restrictions on the applicant ’s property. Under the club’s existing conditional use permit, which does not provide any “triggers” for review, the club has a right of access which has existed since its purchase of the property in 1915. The Club’s application requests that seven new restrictions be placed on the 1968 Conditional Use Permit that would permit further review by the City Council in addition to the review provided under the ordinance. To the extent that the staff report suggests that more than those seven trigger events be added to the Conditional Use Permit, Woodhill Country Club strenuously objects. Woodhill’s proposed new restrictions already place significant limitations on Woodhill’s use of Woodhill Avenue that do not currently exist. Additional review provisions are unworkable. No useful or reasonable purpose is served by revisiting this issue on a regular basis. III. Woodhill has a Property Right of Access CooHrmed by its 1968 CUP aod Reflected in its Special Assessment The Malkcrson and BcnshofTlcttcre, neighbors’ letters, and even the city staff report make a number of statements about the historical use and legal status of Woodhill Avenue and Woodhill Country' Club’s access which are simply incorrect. The misstatements are contradicted by the testimony and documents collected over the past year. While the pressing need faced by Woodhill Country Club and by the City of Orono is traffic safety, the context in which this application arises cannot ignore the history of Woodhill’s use of Woodhill Avenue and payment for the Woodhill Avenue upgrade in 1987-1989. Contrary to Mr. Malkcrson’s misstatement that “at some point, a narrow dirtway was established by the club which led to Woodhill Avenue that was rarely used through the years,” historical facts show the road was established before the property was purchased by the club and was used extensively by the club. When citywide zoning was originally adopted by Orono, Woodhill Avenue’s use was permitted, and decade after decade of aerial photos demonsu-ale that it was never a “narrow dirtway.” Even a cursory review of the testimony, maps, documents, and city records establishes the following: 1.Woodhill Avenue has been a public street for over 100 years. Woodhill Avenue was platted as a public street in 1887 and served as the only entrance to the Fcndcrson/Kccsling/Dunwoody farm (See Affidavit of Tony Feser). It was Ooc*lll9B04M