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� History of Property 1. The existing horse barn has been at its current location and size since at least the mid- 1950's or eazlier. 2. The horse barn in the mid-1950's was accessory to the residence now owned by Mr. � Struyk currently known as 40 Orono Orchard Road North. The property contained approximately 40 acres at that time, including the residence and the barn. The small house now known as 20 Orono Orchard Road N. (the"comer lot")was already on a sepazate parcel as of the mid-1950's,although aiiphotos indicate that driveways interconnected the appazent use of the two properties. The low azea north of the barn(now the middle of the wetland in Lots 12 & 13)contained an oval riding ring. 3. The property, including the corner lot, was subdivide in 1978 to create new unsewered building sites of two-plus acres each. In July 1978 the City approved two optional lot configurations: - a 12-lot plat with the barn and the comer house platted together as a single lot; or - a 13-lot plat with the corner lot separate from the barn,but the corner lot expanded to contain at least 2 dry-buildable acres The second option was ultimately chosen, and the City allowed dry-buildable credit for the wetland azea that exists today but which was dry in 1978. As a result, the corner lot platted as Lot 13 contains 2-plus acres of which only half is considered dry- buildable by today's standatrds and prevailing condition. And, Lot 10 with the horse barn contains approximately 3.7 acres of which approximately 0.1 acre is wetland. 4. In approving the subdivision as it was ulrimately configured, the City did not address the accessory structure status of the barn,and did not require that it be removed, although it became an accessory structure without a principal structure. The City also placed no conditions on the future use of the property,even though it obviously contained a horse barn and fenced area historically use to keep horses.. . 5. A building permit was issued in November 1982 to Steve Neslund for a new home to be constructed on Lot 12 which was constructed during 1983 and Certificate of Occupancy issued in January 1984. Curiously, the Certificate of Survey used to obtain the building pernut did not show the then-existing horse barn, although that survey purports to show"the location of all buildings, if any,thereon...". 6. In July 1987 the City received a complaint about manure storage at the site. The inspector did not find manure being stored but did find 3 horses. The inspector somehow concluded that the site had 4.2 acres of land and ordered the third horse to be removed,which was done without question since the third horse was apparently being housed only temporarily for a friend of the owner. .