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• <br />5. Ordinance 04 -95 established the Shoreland Overlay District, which includes all land <br />within 1,000 feet from the ordinary high water level of specified lakes, including <br />Baldwin Lake. The majority of the site is in the shoreland overlay area. <br />6. Section 1102.07, Subd. 1.C.4. of the shoreland ordinance requires the impervious <br />surface coverage of commercial lots shall not exceed 60% of the lot area. <br />7. The impervious surface of the site as proposed would be over 70 %. This exceeds <br />both the LB zone maximum and the shoreland overlay maximum. <br />8. The drive through facility requires the drive lane around the building, which adds <br />impervious surface beyond the plan approved in 2003. <br />9. Property to the east and south are zoned R -3 Planned Unit Development, with R -3 <br />designating the Planned Unit Development for Medium Density Residential use. <br />10. Property across Hodgson Road to the west is zoned R -1, Single Family Residential. <br />11. Section 3, Subd. 4.Q. of the zoning ordinance states, in part, that <br />Where any business or industrial use (i.e., structure, parking or storage) abuts <br />property zoned for residential use, that business or industry shall provide <br />screening along the boundary of the residential property. Screening shall also be <br />provided where a business or industry is across the street from a residential zone, <br />but not on that side of a business or industry considered to be the front (as <br />determined by the Zoning Administrator). All the fencing and screening <br />specifically required by this Ordinance shall be subject to Section 3, Subd. 4.Q. <br />and shall consist of either a fence or a green belt planting strip as provided for <br />below: <br />a. A green belt planting strip shall consist of vegetation and plants and shall be <br />of sufficient width and density to provide an effective visual screen. This <br />planting strip shall be designed to provide eighty (80) percent opacity to a <br />minimum height of six (6) feet at time of planting. Earth mounding or berms <br />may be used but shall not be used to achieve more than three (3) feet of the <br />required screen. In such cases when planting strips are used in conjunction <br />with berms designed to support plant growth, plant height may be reduced <br />accordingly such that an eighty (80) percent visual screen of not less than six <br />(6) feet in height is maintained. The planting plan and type of plantings shall <br />require the approval of the City Council. <br />12. Section 7, Subd. 2.H.1. of the zoning ordinance includes the list of conditions for a <br />drive through facility in the LB zone. These include: <br />e. The drive - through window and its stacking lanes shall be screened from view <br />of adjoining residential zoning districts and public street rights -of -way. <br />Resolution 06 -136, page 2 <br />