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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. -_ / 3 7 - --- <br />6. Applicant Tom Brokl intends to lease the Wisegarver property <br />from the Keller Trust and then to operate the business and <br />property as E chowind's Country Store. <br />7. The finding:; of fact contained in Resolution No. 1239 <br />are hereby reaffirmed and made a part of this application <br />and this resolution as if fully set out herein. Some of <br />the more pertinent findings are restated as follows: <br />a) Mayona Cirspinski lived in and used approximately one <br />half of the main building as her residence until September 9, <br />1977, when all residential use of the premises was terminated <br />upon purchase of the property by Orton and Vicki Wisegarver. <br />b) Sometime after September 9, 1977, Orton Wisegarver made <br />several structural changes in the main structure by removing <br />the conforming residential apartment and thereafter increasing <br />the non conforming commercial use. <br />c) These structural and use changes were made without <br />obtaining building permits without obtaining the required <br />conditional use permit and approval by the City, and <br />in violation of zoning code provisions prohibiting changes <br />in or expansion of non -conforming uses. <br />d) Outdoor sales and storage activities increased dramatically <br />and resulted in unpermitted commercial use of required <br />yard and setback areas, and otherwise created distractions <br />for motorists trying to negotiate the the Iliqhway 12 <br />County Road 6 intersection. <br />e) Reconstruction of the highway intersection by the <br />State Department of Transportation in 1980 resulted in <br />a quick -take condemnation of a portion of the original <br />Wisegarver property as shown on the February 25, 1982, <br />Gabriel survey, and further resulted in severing of a <br />portion of the on -site sewage treatment drainfield causing <br />surfacing of untreated effluent and failure of the septic <br />system. <br />f) The existing driveway entrance onto Highway 12 was <br />judged to be a safety hazard and recommended for closure <br />by Chief of Police Mel Kilbo and Public Works Coordinator <br />John Gerhardson for the following reasons: <br />1. lack of sight distance to tho east <br />2. conflicting intersection movements <br />Page 4 of 15 <br />