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ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 <br />ZONING FILE 11497-TOBERMAN CONTINUED <br />Mayor Grabek asked Mr. Gilbert if in his opinion, the 1987 <br />Conditional Use Permit gives Mr. Toberman the legal right to use <br />the property as he is currently doing. <br />Mr. Gilbert replied, '•! believe that it does." <br />Callahan said, "In 1987 the Conditional Use Permit was <br />granted, allov/ing Mr. Toberman to use the property specifically <br />for the purpose of selling sail boats. That use has lapsed." <br />Mr. Gilbert said, "The use was not limited to sail boats." <br />Mabusth stated that she v/ould review the 1987 Conditional <br />Use Permit to determine the specific use approved. <br />Mayor Grabek stated that Council is being asked to <br />reconsider their decision to allow the Conditional Use to <br />continue. <br />Hetties read a portion of Mr. Toberman's letter to the City. <br />The letter stated that following tne withdrawal of the offer by <br />Sailor's V7orld to purchase the property, it sat empty because Mr. <br />Toberman was not in the retail boat sales business. Nettles <br />said, "That supports my observations and the points made by Mr. <br />Crear and Mr. Tourangeau. This has been a discontinued <br />Conditional Use. It seems to me that we gave Mr. Toberman an <br />extended period of time beyond the one year lapse period. I <br />don't agree that the property has been used. I am opposed to <br />reconsideration." <br />Callahan stated that it is not necessary for the two pieces <br />of property to be owned by the same party. He noted that in the <br />past, there v;ere separate owners of the property until Mr. <br />Toberman asked to purchase the transmission shop. <br />Peterson stated that she concurred with the comments of <br />Callahan and Nettles. She said,•"We denied the continuation in <br />April and I have not changed my position." <br />Mr. Gilbert stated that denial of the Conditional Use of <br />this property will force the City into condemnation. <br />Mayor Grabek asked Barrett what ramifications, if any, may <br />result from the denial of the Conditional Use. <br />Barrett replied, "The issue of condemnation is one the <br />Courts reach last. The property does have a residential zoning <br />characterization. It may be that residential use of the property <br />will require variances, but there is nothing to state that the <br />property must be condemned if that use is to continue." <br />- 9 -