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Page 4 <br />September 2, 2010 <br />LAW 101 <br />F F RCE <br />8. The conditional use will promote the prevention and control of pollution of the <br />ground and surface waters including sedimentation and control of nutrients. <br />If the City Council determines the some or all of the above items do not support approval of the <br />Conditional Use Permit Application then the City will need to set forth the reasons why the <br />Application should not be approved, and vice versa. <br />My review of the minutes from the Planning Commission meeting indicates the Planning <br />Commission identified eighteen (18) findings utilizing the above - referenced factors and also <br />included ten (10) conditions of approval. Those findings and conditions certainly create that <br />substantiates and supports the approval of the conditional use permit. <br />There are reported court cases involving conditional use permit applications involving animal <br />husbandry, dog boarding and kennels. My review of those cases in the context of the conditional <br />use permit application approved by the Planning Commission indicates that the City would have <br />a very difficult time denying the present application based upon the record of the Planning <br />Commission and a denial of the present application without evidence in support of the <br />neighborhood opposition would in all likelihood be overturned by a court on an appeal. <br />If you have any questions please contact me. Thank you. <br />Very truly yours, <br />Paul J. Sandelin <br />ysandelin&sandehnlaw com <br />PJS /jdf <br />cc: Sandy Peine <br />Dawn Bittner <br />Community Growth <br />SALAW\TEXT\25000.106 \City Council.hr.doc <br />