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* ^ <br />discussina the issues. <br />. ■>- • <br />While the legal issues indicate that an involuntary <br />discontinuance may not constitute abandonment, the question is <br />whether Council finds facts to indirat? that the landowner has <br />failed to rebut the presumption that the discontinuance was <br />voluntary, in which case the applicant could have undertaken the <br />use. <br />ALTERNATIVES - <br />Issue #1 - Reconsideration <br />1. A person on the prevailing side move for reconsideration. <br />2. No one moves for reconsideration. <br />3. Reconsideration is approved. <br />Issue #2 - If reconsideration approved, what actions would <br />Council want to take: <br />1. Discuss and adopt the same resolution. <br />2. Amend and adopt. <br />3. Move for conceptual denial. <br />4. Table for further discussion. <br />RECOMMENDATION - It is recommended that if Council undertakes <br />reconsideration, that any change from the original indicate the <br />facts on which the determination is based. <br />PROPOSED MOTION - Moved by , seconded by , that subject to a <br />reconsideration the Council may undertake a reconsideration of <br />Resolution # _ _ regarding application #1497. Ayes _, Nays <br />cc: James Gilbert, Meshbesher & Spence, Ltd. <br />1616 Park Avenue <br />Minneapolis, MN 55404 <br />Alan Nettles, 1940 Shoreline Drive