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Opinion No. '74-2 <br />Page 2 <br />the grounds that the applicant intends to require prospective <br />tenants to purchase their homes from the in-park dealer as a <br />condition to receiving rental space, and that such an operation <br />is illegal as in violation of federal and state antitrust laws. <br />Pemorandums have been submitted by both the applicant and the <br />opponents pertaining to the question of antitrust legality. <br />Because of the lack of any appellate-level court decision direct- <br />ly on point, the memorandums are necessarily inconclusive on <br />this issue.- <br />Even assuming, however, that the proposed business <br />operation would be held to violate antitrust legislation, it <br />is submitted the Planning Commission should not concern itself <br />with this issue. The standards by which the Commission must <br />grant or deny an application for a conditional use permit are <br />set forth in the Municipal Code, Section 41-638, paragraph (a) <br />(1), which reads as follows: <br />Sec. 41-638. Standards for granting applications for <br />minor exceptions, variances and condi- <br />tional use permits and appeals. <br />(a) The council, planning commission and .zoning adminis- <br />trator may grant according to the procedure outlined in this <br />chapter: <br />(1) Conditional use perrnits for specific uses located at <br />a particular location when it shall be deemed: <br />(a) To be necessary or desirable to provide a ser- <br />vice or facility which will contribute to the <br />general well-being of the neighborhood or the <br />community; and <br />(b) That such use will not, under the circumstances <br />of the particular case, be detrimental to the <br />health, safety or general welfare of persons <br />residing or working in the vicinity, or injur- <br />ious to property or improvements in the vicinity; <br />and <br />(c) That the proposed use will comply with the regu- <br />lations and conditions specified in this chapter <br />for such use; and <br />(d) That granting of this conditional use will not <br />adversely affect the general plan of the city. <br />This legislation ~ehich grants authority to a public <br />office or board to grant or deny a permit constitutes the sole <br />legal basis f_or denial of an application for .such a permit, and <br />if the requirements of sucr. legislation have been complied with <br />by the applicant, his application may not be denied for the <br />-5- <br />