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<br />2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 <br />TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 <br />www.kellyandlemmons.com <br />particular purpose is not a legally sufficient reason for denying a conditional use permit … <br />The denial of a conditional use permit must be based on something more concrete.” Id. at <br />728. <br />In this case, ResCare’s conditional use application was recommended for approval by both <br />the planning commission and staff. Prior to the hearing before the City Council, citizens <br />raised concerns over ResCare’s proposal and the City Council voted 3-2 to deny the <br />application. No expert testimony or studies were presented to the council. As stated in Scott <br />County Lumber, community opposition to a request for a conditional use permit is not legally <br />sufficient. The denial must be based on something more concrete. <br />Please share this letter with City Council and Planning Staff. <br /> <br />Respectfully yours, <br /> <br /> <br />KELLY & LEMMONS, P.A. <br /> <br /> <br />/s/ Patrick J. Kelly <br /> <br />Patrick J. Kelly <br /> <br /> <br /> <br /> <br /> <br /> <br />