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RZFASONS <br />Based on the record, the governing criteria of Chapter 320-7, <br />Subd. C of the Hugo City Code and the foregoing findings we <br />conclude the Club's request for amended Special Use Permit to <br />establish higher permitted noise levels at the property line <br />should be be denied for the following reasons: <br />1. The health, safety and general welfare of occupants of <br />surrounding land will be adversely affected by amending the <br />Speical Use Permit as requested by the Club from the 40dB <br />limitation to higher levels as requested, since such an increase <br />would allow the creation of noise readily perceived as loud and <br />annoying, would be intrusive, would potentially have an adverse or <br />deleterious affect on their emotional, mental and physical health, <br />and would unreasonably interfere with their enjoyment of life and <br />property. <br />2. An increase in permitted noise levels above the 40dB <br />limitation would adversely affect property values of surrounding <br />properties. <br />3. The proposed increase in permitted noise levels would not be <br />compatible with the policy of the Comprehensive Municipal Plan for <br />maintaining a rural environment and the implied protection of <br />quietude. <br />4. The Club has failed to adequately demonstrate that all other <br />possible noise abatement procedures, devices, or structures have <br />been demonstrated to be unavailable to limit noise of shooting. <br />5. The Club has not demonstrated that the Minnesota Environmental <br />Rights Act violation giving rise to the permanent injunction by <br />Washington County District Court has been corrected, such that <br />operation of the Club shooting facility would be permitted under <br />-6- <br />