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<br />( <br /> <br />~ <br /> <br />.. <br /> <br />Finding of Fact No.6, that the t:.YI:e and character of traffic in the area <br /> <br />would change due to the serving of liquor by creating nore late evening traffic <br /> <br />creating nuisances of noise and lights is again supported in the record by test:inony <br /> <br />of citizens. Whereas a substantial portion of traffic in the area emanating from <br /> <br />comrrercial uses would cease after 'horrral business hours'; a restaurant with a liquor <br /> <br />license would necessitate longer hours as previously noted. <br /> <br />Finding of Fact lb. 7, that the City naintains and o~rates a park on the <br /> <br />n:)rtheast comer of Silver lake Road and Mississippi Street arrl that Irondale High- <br /> <br />school is located northeast of the subject property, are born out by the exhibits, <br /> <br />the petitions of the citizens as contained in Defendant's Exhibit N:J. 2 and by <br />the Court's viewing. It should be noted that the park is a passive recreation area <br /> <br />'. <br /> <br />and not a wilderness park as Plaintiff v.ould lead the Court to believe. If the <br /> <br />park were so little used, then hew does Plaintiff accxnmt for the inmrrrerable tracks <br /> <br />in the sna'7 throughout the entire park area? <br /> <br />Finding of Fact No.8, that children and students must p3.ss by the subject <br /> <br />property in a route to and from the p3.rk and highschool, are substantiated in the <br /> <br />record by the p3rents of said children in their Petition dated Febrmry 8, 1976 <br /> <br />\\hich states as follows: <br /> <br />"We, the rmClersigned resident horreowners in the area of <br />Mississippi Street and 26th Avenue N.W. in New Brighton, <br />hereby declare opposition to the granting of a liquor <br />license to Mr". John J. Welsch for the Stockrran' s Restaurant. <br />It is our belief that an establishrrent serving liquor would <br />be out of character in the neighborho::xl, which is primarily <br />a residential area. We believe that it would create a <br />nuisance and pose a hazard to our children, who must walk <br />past 26th Avenue and Mississippi Street to reach Creekview <br />Park and that it would adversely affect the pro~rty values <br />of our residences." (emphasis added) <br /> <br />Finding of Fact No.9, that because of the subject property's proximity <br />to the p3.:r:k and school, the serving of liquor would have a detrirrental affect on <br />p2r5ons using the park and children attending the sc.'"Iool, is dra-.m again fran <br />the testillOny of those appearing at the public hearings thereon. <br />Finding of Fact No. 10, that the proPJsed corrprehensive plan being developed <br />by the Plarming Comnission projects the subject property's use as low density <br />residential use is supporte~ in Defendant's Exhibit No.5, which was considered by <br /> <br />the Council wherein, at page 2 thereof, it states: <br /> <br />"In terms of long range planning, we \vould note that the <br />1971 land Use Plan envisioned this site being developed <br />for rredium density residential uses \-mile the recently <br />adopted (by the Planning lli"llmission) draft of a revised <br />Land Use Plan shov.'S this area as ION density residential." <br /> <br />-5- <br />