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>> fc- ORONO COUNCIL MEETING HELD MARCH 11, 1991 (#4)ZONING FILE #1497-TOBERMAN CONTINUED is located in Hastings and has been a large boat operation for decades. Tney had initially wanted to do business on Lake Minnetonka, but in 1938, they zoo decided that tne boat industry in this area was depressed, and moved off of the Lake. There is economic stress here, and conditions beyond my client’s control. that prevented him from securing a tenant for this property After Ccjuncil's conceptual denial of this application, I requested time to more legal research. I found cases around the Country, including the States of Illinois, Wisconsin, Kentucky, Louisiana, and Indiana, where the law states that when there is an involuntary cessation of a conditional use, that it is not grounds for denial of the continued use. It is our position that the economic climate maae it impossible for my client to use that property pursuant to the Conditional Use Permit. There was no demand for such a business. Today, as a means of compromise, we would be willing to revert to the 1987 permit, and abide by the terras and conditions as stated therein. If we cannot meet those conditions within the next year, we would not seek renewal once the permit lapses. Tne lake has improved, from both a level standpoint and Eurasian Milfoil control. With Bankruptcy Court approval, the marina on Shoreline Drive has been sold to Morrie Wagner. We have no buyer for the 1960 Shoreline property, and if it is not resold, my client is planning on starting a boat sales and nautical shop himself." Mr, Gilbert distributed a copy o'; Mr. Toberman's Affidavit tvo each Councilmember. Callahan stated that Mr. Gilbert's arguments indicate that though there was no actual business conducted on the premises, Mr. Toberman had intentions to do so. Callahan questioned whether the City would have to continuously approve renewal requests each year based on Affidavits from Mr. Toberman stating that he intended to open a business. Gilbert stated that his client is willing to compromise with the City by asking that the Conditional Use Permit be extended only one more year. He said, "If Mr. Toberman cannot get actual use within the next 12 months, we will waive whatever legal rights he has." Callahan asked if the cases cited as examples by Mr. Gilbert involved businesses that were already functioning and were then stopped for economic reasons. Gilbert replied, "Yes, a lot of them are that way." Callahan said, "The examples do not invoive properties where the use was never started.' - 6 -