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c. <br />The above findings should be sufficient to justify a denial. Findings that are <br />not supported by so much expert testimony may also sometimes be sufficient. <br />However, if the applicant introduces expert testimony and the City^d/or the <br />objecting neighbors do not rebut that evidence with enough cre^ble cxpen <br />testimony, then even well-drafted findings of fact will not be sufficient in order <br />to prevail. ^ <br />However, the City need not convince the court that every finding is sufficiently <br />supported by the facts in order to prevail. If legal^^pne finding supported <br />adequately by the facts in th^record may be sufficient Hubbard <br />Broadcasting. Inc, v. Citv of AKon . 323 N.W^d 757 (Minn. 1982). <br />In addition to the above, it is helpfulto i^ntify in the findings, by reference to <br />exhibit numbers in the record, all key^hms and documents submitted by the <br />applicant and others so there will b^no cohfusion or debate before the court on <br />appeal as to what plans and documents w'ere^tually in the record and which <br />were the final plans that acmall^were voted up^by the planning commission <br />and council. <br />Additional findings shoiUd be added as appropriate undeKeach of the above <br />ordinance standards if^ere is any rationd basis to include^em. However, in <br />each instance, stateconclusion and referrence the evidence^hich supports <br />that conclusion. £^h conclusion must be relevant to the standartt^in the <br />ordinance. R^ember, the court should not substitute its judgment tsi^;^that of <br />the City if>here is a rational basis for the decision. The decision neeohot be <br />empiriMHy right The decision only needs to be rational \ <br />The Appellate Courts Have Provided Several Additional General <br />Guidelines for Petermining the Adequacy of the^Findlnys of Fact . <br />The following guidelines relite to conditional use permits whi^, if denied, are <br />the most difficult to uphold on^ppeal. They are alxn delines to USe <br />in denial of rezonings and variances where the city’s burden is much easier to <br />meet <br />1. <br />2. <br />The reviewing court wiD assess the legal sufficiency of the reasons <br />given by the city and determine whether, if legally sufficient they had a <br />factual basis in the record. C.R. Investments. Inc, v. Village of <br />Shoreview. 304 N.W.2d 320 (Minn. 1981). <br />Denial of a special use permit is arbitrary if it is established that all <br />standards specified by the ordinance as a condition of granting the <br />permit have been met Hav v. Township of Grow. 206 N.W.2d 19 <br />(1973). Zvlka v. Citv of Crystal. 167 N.W.2d 45 (Minn. 1969). <br />* <br />013/220777664(3/93_____ Page 100 <br />TVrt: .