03-25-1991 Council Packet - Laserfiche WebLink

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I s'- ORONO COUNCIL MEETING HELD MARCH 11, 1991 (#4)ZONING FILE #1497-TOBERMAN CONTINUED Gilbert replied, "I did not tocus on the issue as I did *iot see it as being relevant since we did have a Conditional Use Permit. Mr. Toberman invested $170,000 in this property to run that business, pursuant to the Conditional Use? Permit granted by the City.” Goetten asked Barrett what the City could do to put itself in a position where it would not have to grant yet another renewal if nothing more occurs on the property than good faith efforts to start a business. Barrett replied, "I would first rely on the statement made by Mr. Gilbert, pertaining to waiving the legal right to renew the use after a one year period. You may wish to include such language in your approval." Gilbert said, "The legal rights would be waived unless a use was started within the next 12 months." Barrett stated starting a use. that ho was not sire what constituted Goetten agreed that attempts to start the use have occurred in the past and gone nowhere. Butler said, "Attempts to start a new business did not go beyond physical improve *?nts to the property. The property was never open for business. Tne building has remained empty." Jabbour statad that based on the information provided by Barrett, there seems to be a legal position for Mr. Toberman. Ha said, "I do not believe it is wise to put the City in a position where it may be required to spend money litigating this matter. I think we should define what in our mind constitutes the starting of a business. I do not believe that preparing the building and attempting to secure a tenant constitutes starting a business." Goetten expressed concern for the safety aspect of using the property. She stated that it is likely, no matter how the property is used, that there will be people crossing Cou.nty Road 15. Jaobour added, "There is to be absolutely no crosswalk." Barrett suggested that if it is Council's intention to grant the renewal, that they direct Staff to provide some criteria that will constitute the starting of a business. He said, "I believe the criteria should involve the purchase and availability of a certain level of stock, regular business hours, regular sales - 7 - -tx 1V. ■ --— t 1 - Ik-'b t ti ..< ■ tl ftr.1ltv k •