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<br /> <br /> <br /> <br /> <br /> <br />own. <br /> <br /> <br />comi defers a <br /> <br /> <br />has even the "slightest validity." White Bear Docking & Storage, 324 .W.2d at 176. <br /> <br />The fact that the crematorium would emit toxic compounds, including radioactive <br /> <br /> <br />particles if a person who had received brachytherapy was cremated, in a residential <br /> <br /> <br />neighborhood 2,500 feet away from a reservoir supplying drinking water without Roselawn <br /> <br /> <br />showing that emission of these toxic compounds will not affect the general health, welfare, and <br /> <br />public safety provides a factual basis for the city to deny the conditional use pem1it. Because <br /> <br />the city denied Roselawn's application for a conditional use perrnit for a legally sufficient reason <br /> <br /> <br />that has a factual basis in the record, we conclude the city's decision was not unreasonable, <br /> <br />arbitrary, or capricious. See C.R. Invs., 304 N.W.2d at 325. <br /> <br /> <br />We also disagree with Roselawn's argument that the city acted unreasonably because it <br /> <br /> <br />did not order an environmental assessment worksheet before denying the conditional use <br /> <br /> <br />permit. The burden is on the applicant for a conditional use penl1it to show that the proposed <br /> <br />use will meet the standards provided for in the zoning ordinance. Minn. Stat. S 462.3595, subd. <br /> <br /> <br />1. If Roselawn believed that such a worksheet would show that the operation of a crematorium <br /> <br /> <br />would not present a danger to the community, the burden was on Roselawn to provide such <br /> <br /> <br />or at least to it be allowed to complete the assessment before the city <br /> <br />council made its final decision. <br /> <br />DECISION <br />The city did not act unreasonably, arbitrarily, or capriciously when it denied Roselawn's <br />request for a conditional use perrnit. <br />Affirmed. <br /> <br />* <br /> <br />Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. <br /> <br />http://www.courts.state.mn.us/opinions/coa/current/opa040672-1123.htm <br /> <br />11/23/2004 <br />