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<br />(j) 0 <br /> <br />small children as supported by evidence. lrondale High School <br /> <br />is situated.!1 of <l lIlile from Plaintiff's property and children <br /> <br />are bused to sain sdl(l()1. The Municipal liquor store (906 5th <br /> <br />A venue N. \\' . ) with on-sale liquor is situated acroSS the street <br /> <br />from a play ~l'ound area in which small children frequently play. <br /> <br />particulal'ly from St. <lohns School. <br /> <br />H. T helt children and students must pass by the ~Ilbject property <br />j n a route to and from the park and high school; <br /> <br />Tho~t'. children. if any. intending to use the park may pass north <br /> <br />of the proposed restaurant and descend down a path 0'1' ravine <br /> <br />',ln10 Silver Lakt' Road. How-ever. the evidence indicates <br /> <br />children do not use the park. Silver Lake Road forms the <br /> <br />west boundar)-' of 1he park. Ingress and Egress to Plaintiff's <br /> <br />pru\,erty is propose'd on Miss.issippi Street one (l) block south <br /> <br />l.etwet:n Plaintiff's proposed restaurant and the shopping center. <br /> <br />u.'fenrlanl'~ bnning tha1 children will pass Plaintiff's restaurant <br /> <br />\~n route t(l ~chool is representative of its attempt to defeat an <br /> <br />01herwise:alid liquor license request. The children alluded <br /> <br />10 in the finding are 'all bused to school." To elementary. <br /> <br />junior high, and high school. <br /> <br />!L Tha1 because of the subject property's proximityto the park and <br />school, the serdng of liquor wo,uld have a detrimental effect <br />on pe~sons u~ing the park and children attending the school; <br /> <br />This fincH ng is also presumptive and without rational basis. The <br /> <br />closest t'chool is . H of a mile away. and the wilderness area park <br /> <br />is accessible without passing anticipated traffic entering or leaving <br /> <br />Plaintiff's proposed restaurant. and is not used appreciably by <br /> <br />c ~ildl"en in the area. The danger from traffic generated by the <br /> <br />shOiJping center and heavily travelled Silver Lake Road are <br /> <br />considerably greater. Plaintiff's cate~ory license-small business <br /> <br />(see application). <br /> <br />-6- <br />