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04-05-23-PC Agenda
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04-05-23-PC Agenda
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<br /> <br />Page 6 of 11 <br />B. Parking Setbacks – Legal Nonconforming and Meets Requirements <br />The NB district requires a 20 foot setback for parking areas from public streets and ROW. In <br />addition, off-street parking areas containing four (4) or more parking spaces shall be no closer <br />than five (5) feet from any side or rear lot line. The site plans submitted confirm the existing <br />parking lot is legal nonconforming with a 0 foot setback abutting the right-of-way along Old <br />Snelling Avenue and a 4.67 foot setback from the north property line. For the Site Plan Review <br />there are no changes proposed to existing setbacks on the west and north sides of the property. <br />The new parking lot area is setback 22.5 feet from right-of-way along County Road E and 10.5 <br />feet from the east property line. The proposed new parking lot area complies with setback <br />requirements. <br /> <br />Additionally, city code states the area (i.e. setback area) along the street shall be landscaped. <br />Since there are no proposed changes to the existing location of the parking lot adjacent to the <br />roadway, the Applicants were only able to add landscaping islands adjacent to the driveways <br />which will include plantings. <br /> <br />C. Trees along Street Frontage – Legal Nonconforming and Flexibility Requested <br />A minimum of one (1) tree shall be provided along the ROW for every 50 feet of public street <br />frontage. The Subject Property has 435 linear feet of road frontage which equates to nine (9) <br />trees. Today, there are four (4) existing trees along the roadway. For the Site Plan Review, <br />the Applicants are proposing to add one (1) additional tree along the roadway in the southeast <br />corner of the site. Their narrative requests review of this requirement as part of the legal <br />nonconformity of the site given a significant amount of the frontage does not provide an area <br />for the addition of trees. The westerly portion of the parking lot will remain unchanged in <br />location so there is no green space in this area. The Applicants will be proposing future <br />freestanding signs adjacent to the both driveway accesses and overhead utility lines also noted <br />to complicate the potential for tree planting areas. It is further stated in their narrative that <br />efforts were made to preserve as many of the existing trees on the site with the proposed <br />layout which would be consistent with the purpose of the NB District and intent of the city <br />code. <br /> <br />E. Minimum Caliper Inches – Meets Requirements <br />The Zoning Code requires that a minimum number of caliper inches of trees be provided based <br />on the gross square footage of the building on the property. The restaurant would be considered <br />a single story, and includes 3,713 gross square feet. This requires a minimum of 11.6 caliper <br />inches or six (6) – 2” caliper trees. It should be further noted that city code allows for existing <br />plantings on site at the time of development to be used as credit against the requirements of the <br />landscaping regulations. The Subject Property has 564 caliper inches of existing significant <br />trees. <br /> <br />F. Tree Mitigation – Meet Requirements <br />The existing site has 564 caliper inches of significant trees. The Applicants are proposing to <br />remove 85 caliper inches of significant trees. There are three (3) diseased or nuisance trees on <br />the property that are being removed as part of this project. City code allows up to 10% of the <br />significant trees to be removed without replacement. Replacement is not required for trees that <br />are removed, cut, or killed which are identified as diseased or nuisance trees. Tree mitigation is
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