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32. A boat sales/ship store use was never installed on the <br />property. No permitted commercial use has been made of the <br />property since the gasoline/auto repair use ceased in <br />May/June of 1987. <br />■*3. Condition #5 of Resolution #2193, approving the 1987 <br />;onditional use permit for a boat sales/nautical shop, <br />provides the following: <br />"authorities granted by this conditional use permit run <br />with the property not with the applicant, but are <br />permissive only and must be exercised by application <br />for a permit within one year of the date of Council <br />approval, or this conditional use permit will expire on <br />that date (June 8, 1988)." <br />34. Applicant and applicant's attorney argue that the <br />language in Condition #5 is misleading. Applicant and his <br />attorney argue that Condition #5 is satisfied because the <br />applicant obtained a building permit to make the necessary <br />alterations to the property for a boat sales/nautical shop. <br />Finding #15 set forth above negates this claim. Applicant <br />had adequate notice concerning tl ' expiration of the <br />conditional use permit and the legal status of that permit. <br />35. Orono Municipal Code Section 10.03, Subdivision 5 (E) <br />provides: <br />"Whenever a lawful non-conforming use of a structure or <br />land is discontinued and remains discontinued for a <br />period of 12 months, any future use of said structure <br />or land shall be in conformity with the provisions of <br />this zoning chapter". <br />36. The 1987 conditional use permit has lapsed since a boat <br />sales/nautical shop was not in use by June 8, 1988 and the <br />Page 10 of 13