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