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Wherever the trees are relocated, the applicant's certified forester did express some concern in the original application about the viability of relocating some ofthe trees and, therefore, the applicants have stated that they will replace the trees that cannot be relocated or do not survive the relocation effort. At a minimum, replacement coniferous trees would need to be at least six feet in height and deciduous trees would need to be at least 2.5 caliper inches. Staff would also recommend that an escrow be set up to ensure tree placement for at least one year after the project has been completed should any ofthe trees not survive. 3. Conditional Use Permit Amendment - Section 1355.04 Subd 3 Section 1355.04 Subd 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit. The Planning Commission and City Council shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; 6. Park dedications where applicable; and the 7. Orderly development ofthe neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. 4. Variance Evaluation Criteria To recap, the applicant is requesting an 11.28 foot encroachment for the parking lot into the 20 foot parking lot setback. The applicant is also requesting permission to decrease the landscaped area from 35 percent to 34.5 percent (or increase the impervious coverage from the 65 percent limit to 65.5 percent). The letter submitted by the applicant's representative addresses the variance criteria (Attachment 3D-I). A. Variance Review Criteria - Section 1355.04 Subd. 4.C: Variances from the literal provisions of the Zoning Code may be granted in instances where the strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Variances shall only be granted when it is demonstrated that such actions will be in keeping with the spirit City of Arden Hills Planning Commission Meetingfor June 6, 2007 \lMetro-inet.uslardenhi/lslPlanningIP/anning Cases\2007\07-010 Celestica CUP Amendment (PENDING)\060607 - PC Report - Celestica CUP & Variance.doc Page 8 of 13