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IYU. �4( AJOU0 <br />Mr. Jeff Smyser <br />March 19, 2004 <br />Page 4 <br />something more concrete than neighborhood opposition and expression of concern . <br />for public safety.") <br />By this Letter, I do not intend to advocate for one side or another in this CUP <br />application nor to suggest that as a matter of law, the Council must approve or <br />must not approve the application. The Intent is to summarize the Caw applicable to <br />CUP applications and thereby perhaps provide an analytical framework. The <br />decision by the City Council should be based upon the record developed to this <br />point and upon the evidence and argument submitted to the Council at its meeting. <br />That evidence should be analyzed against the standards set forth in the ordinance. <br />The determination should be reflected by contemporaneous findings of fact <br />supported in the record. A determination to approve the CUP application implies <br />that the application has satisfied all the standards in the ordinance. A <br />determination to deny the CUP should identify each of the standards that is not <br />satisfied and state the factual basis therefore. <br />I trust this answers the questions which you have raised. If you wish to discuss <br />this matter further, please feel free to call: <br />erely, <br />an <br />BAS /tj <br />cc: Gordon Heitke <br />