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! ~i . .; STAFF COMMENTS ~ Special Use Permit Churches are allowed only by special use permit in a R-l, Single Family Residential District. The rationale for the special use permit is based on the more intense use resulting in different site design from a typical single family dwelling. The standards outlined in Section 8-130 of the zoning code must be met before the granting of such a permit. Standards a,b and e generally deal with public safety and public comfort. Staff has a concern that this proposed site plan does not fully comply with those standards in regard to access and parking as denoted. The front yard setback in anR-l distrjct (and in commercial districts for that matter) is 30 feet and must be landscaped; not used for parking and dri,ving. Having parking 15 feet from the right-of-way impairs sight line distances for persons going in and out of the site ontoa.County State Aid Road. The landscaped thirty foot setback is required of all homes and a church with more intense use should also comply with that standard for the following reasons: 1. Safety - Sight line distance will be impaired by parked cars and snow storage; 2, Screening - A thirty foot landscaped area would allow more area to provide for the required screening of the front yard parking; 3. Compatibility - All homes built on 7th Street NW have 30 foot landscaped front yards; and 4. Better Design - The west row of parking with this proposal will be backing into the driveway which is 15 feet from the street. The thirty foot setback would eliminate this unsafe design. Standard e. states that all applicable code regulations be met. There is no record at City Hall that indicates that the Church was allowed to construct a parking lot 15 feet from the property line. If the 30 foot setback is not provided for, the church will need a non- conforming use permit to be allowed to continue parking at that location. The City has not granted a non-conforming use permit nor a variance for such front yard parking within the last four years. Building Permit The site plans meet code requirements with the following exceptions: 1. Less than 30 foot front yard landscaping; 2. Existing landscaping does not screen parking from the public right-of-way; 3. Plans do not show relocation of storage shed and refuse shed(which must be screened); and 4. Number of parking spaces with a 30 foot landscaped area.