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JUL.15'2002 17:04 952 941 7968 '. HOFF BARRY KUDERER #1292 p.005 '....... ......,..,.' contiguous properties, the impact of the use on the market value of contiguous properties~ and the --- ~~~- co~b~~~~~hth:_~!~~~~~~~~h~n~We Plan. 18. While purporting to make findings With regard to the impact of the proposed use on the - general public health, s~fet~~t~d welfare, the findings as adopted by the City failed to refute or .. 11'\ ... ctheIWise ccnSider~Pert ;e~tirn~ the record offered by Ros.lawn in support of its npplicntiorl 19. In opposing.tRe-Cit)"s deniol, Council Member Craig Klausing stated at tbe City Council's August 27,2001 meeting: '~The code goes on to tell us the sort of factors that we can consider in considering a conditional use permit. . . . If you take a look at the [mdings we have no finding that will have a negative impact On traffic. We have no finding that will have a negative impa~t on parks, streets, and other public facilities, We have no finding that will have a negative impact on the market value of contiguous properties. And we have no finding that it's incompatible with. the city's comprehensive plan. . . . Yau will not fInd proposed findings in there addressing those issues and the reason. . . [is] that we haveo1t developed those findings. We don't have a basis. . . . And I wouldn't have a problem with basing our decision solely on [a conclusion that the proposed use will have a negative impact on the general health) sare~:y and welfare] if we had developed a factual basis to reach such a conc::ltlSion. But it's my concern that we haven"e' 20. Roselawn now brings this action before this Court pursuant to Minn. Stat. ~ 452.361. subd. I, which provides that: Any person aggrieved by an ordinance, rule, l'egulation. decision or order of a governing body or board of adjustments and appeals ncting p\ll:'suant to sections 462.351 to 462.364 may have such ordinance) rule, regulation., deci~ion or order, reviewed by an appropriate remedy in the district Court. . .. HC26DS4/IOIII ~GS5245a.\l1 6fl;l4001 4