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<br /> <br /> <br /> <br /> <br /> <br /> <br />use perrnit when to show proposed use not <br /> <br />affect the general public health, safety, or welfare of the community. <br />OPINION <br /> <br />ROBERT H. SCHUMACHER, Judge <br />Appellant Roselawn Cemetery challenges the district court's entry of summary judgment <br />111 favor of respondent City of Roseville arguing the city acted arbitrarily, capriciously, or <br />unreasonably when it denied Roselawn a conditional use pelmit to build a crematorium at its <br />existing location. We affirrn. <br /> <br />FACTS <br /> <br /> <br />In May 2001, Roselawn submitted an application to the city for a conditional use pelmit <br /> <br /> <br />to place an 1800-square- foot crematorium on its property. Roselawn is located on the northeast <br /> <br />comer of Larpenteur Avenue and Victoria Street in Rosevil1e. Roselawn is bordered to the north <br /> <br /> <br />by "Reservoir Woods" and by residential homes to the east. A reservoir that provides the City <br /> <br />of Saint Paul with water lies approximately 2,500 feet northeast of Roselawn. Roselawn's <br /> <br /> <br />property is in an area zoned R-l. Under the city's zoning ordinances, operation of a <br /> <br /> <br />crematorium in an R-1 area requires a conditional use perrnit. <br /> <br />In July 2001, the Rosevil1e Planning Commission voted to recommend approval of the <br /> <br /> <br />conditional use penn it subject to certain conditions and the matter was forwarded to the city <br /> <br /> <br />council. Approximately two weeks later, the Rosevil1e City Council held an open meeting to <br /> <br /> <br />discuss Roselawn's application. The city requested Anne Jackson, an engineer with the <br /> <br />Minnesota Pollution Control Agency, Emie Czirok from All Crematory-a major supplier of <br /> <br />crematory fumaces-and two individuals from the nearby Forest Lawn Crematorium attend the <br /> <br /> <br />meeting. <br /> <br />Included in the record before the city council was a repOli from Industrial Equipment & <br /> <br />http://www.courts.state.mn.us/opinions/coa/current/opa040672-1123.htm <br /> <br />11/23/2004 <br />