03-25-1991 Council Packet - Laserfiche WebLink

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I’- I ■ ORONO COUNCIL MEETING HELD MARCH 11, 1991(#4)ZONING FILE #1497-TOBERMAN CONTINUED then Council would be a position to deny the continued use of this property." Mayor Paterson suggested that it raay be appropriate to allow the use to continue for an additional six months. She said, "My reasoning behind the six months is that it would allow us to see whether something will happen during the boating season. If the property is going to be used, I should think something would occur within the next six months." Goetten stated that she did not approve of granting the Conditional Use Permit for a one year period of time. Jabbour expressed concerns about Mr. Toberman being in a position where he is forced to operate a skeleton business, just for the sake of meeting the conditions of the Conditional Use Permit. He said, "I do not think the City's interest would be well served by a business that is there one day, cone the next. Mr. Toberman is obviously trying to do something with the property. I think the City should work with him to make sure that the best interest of the City is served. I would like to know what circumstances approved in the 1987 Conditional Use Permit changed so that Council denied renewal of the Permit in 1990. Mr. Toberman made improvements to the property, as he was required to do under the conditions of the 1987 Conditional Use Permit." Barrett replied, "The technical question is whether the City is required to grant yet another renewal of the Conditional Use Permit, once the one year time period had expired. Mr. Gilbert responded to Council's position in the Fall, of 1990, wiuh some case law unfamiliar to ma, because it was derived from another state. That case law examines the issue of voluntary versus involuntary abandonment of the use. In view of the investment made by Mr. Toberman, I felt that to be persuasive case law. I would recommend that should Council agree to grant an additional period of time, that it be established with the applicant's understanding." Butler asked if the request before Council this evening includes the servicing of boats, as well as the other uses granted in the 1987 Conditional Ufse Permit. Barrett replied, 1987 Conditional Use place." ■'The issue before Council is whether the Permit should be allowed to remain in Butler said, "Historically, the terms of a Conditional Usse Permit state that there is a ono-year time period, and if the use is not exercised within that period, it is lost. It seems to me - 3 - iWinmJiaittiB.Vrnih t n