05-11-1999 Public Hearing - Woodhill CC

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05/11/99 15:31 IHD.Sbi P0O5 LINDQUIST & VENNUM p.l.l.p. 2. 3. used for decades by club members, their guests, club employees, commercial and delivery trucks serving current Delaney and Larson residences at Orono Orchard Road, the two employee houses located just inside the Woodhill property line, and Woodhill Country Club (See Pillsbury Aflidavit, Morrison testimony, Searles testimony, and Feser Aflidavit). Woodhill Avenue is a public street up Co the Woodhill property line. The public street known as Woodhill Avenue extends not only to the private road to the Woodhill Ridge development, but up to the Woodhill property line. The easterly 200 feet of Woodhill Avenue, as actually constructed, curved south outside of the 1887 platted right of way. This portion of the road up to the Woodhill property line was dedicated to public use by the property’s prior owners (John Pillsbury and Alfred Crosby) and was used by the public (see Pillsbury Affidavit, McCarthy letters re; dedication). As such, the road was not only a dedicated public street, it was an “opened” public street. Woodhill Country Club’s property and driveway abutted this public street and was actually used every decade since the property was purchased in 1915. The common law dedication was confirmed by official planing in 1987. Contrary to the suggestions in letters of Mr. Malkerson and his clients, once there is a dedicated and opened public street that abuts a property and provides that property access, there is only one way for a municipality to “abandon” the public street and undo the access right of the abutting property owner-street vacation and condemnation. The growth of vegetation or intermittent use by the abutting property owner does not vacate a dedicated and opened public street. Only formal street vacation proceedings carried out pursuant to statute, together with formal condeir nation to compensate the property owner for its loss of access, can change the status of the public street. The 1968 CUP placed no restrictions on use of the Woodhill Avenue access and provided for no annual or other t)’pe of review. The Village of Orono initiated comprehensive zoning in 1967 and 1968. Country clubs were specifically made permitted conditional uses within residential districts and the city granted Woodhill such a permit. Review of Woodhill’s 1968 application and permit reveals that zoning was a much simpler process 30 years ago than it is today. The application is simpler, the drawings less exacting, the conditions general. Everyone agrees, as they must, that the permit issued in 1968 remains as legally binding upon the city and the land owners as permits issued under today’s Doctf IliggOdU