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Mayor and City Council Planning Case No. SP-008-96 Page 2 the setbacks observed on existing church sites in Mounds View. A chart is attached showing the approximate setbacks between parking lots owned by existing churches and abutting residential properties. The requirement for 20' or 30' setbacks for parking lots would not apply to governmental or public utility buildings. The proposed ordinance would: • add a definition of"principal building" • clarify that the setbacks in the table in 1104.01 Subd. 3 pertain to principal buildings • clarify when and how front setbacks for new residences in the R-1 and R-2 districts shall be adjusted based on the setbacks of existing residences in the same block • clarify that garages,which are part of a residence and have a side setback of five feet,cannot be converted into living space between five feet and ten feet of the side lot line • create a section on setbacks for accessory buildings,and clarify setback provisions such that no accessory buildings may be located in front of a residence in the residential districts,and side setbacks from streets on corner lots shall be the same as the residence(30 feet). It also would allow accessory buildings of 400 square feet or less to be placed within ten feet of the side or rear property line in the business and industrial districts. • create a section on setbacks for parking areas and driveways: * establishes a minimum parking lot setback of 20 feet,for sites having 2.5 acres or less,and 30 feet,for sites having more than 2.5 acres,where the parking lot serves a non-residential use and abuts property in a residential district * retains existing setbacks for parking areas from front property lines in business(30')and industrial(40') * retains existing setbacks for parking areas from side and rear property lines in business and industrial districts(5') • clarifies setbacks requirements from"second"front on through lots • establish a requirement that a property owner obtain an encroachment permit for driveways or parking areas in easements,if required by the City • establish a minimum lot size of one acre for non-residential uses located in residential districts,except for governmental and public utility buildings and structures necessary for the health,safety and general welfare of the community • allows existing parking areas which do not conform to the new setback requirements to be considered legal,non- conforming uses,and allows them to be resurfaced,restriped,repaired and replaced in compliance with the original setback requirements,except that if they are being reconstructed or replaced and it is possible to meet the new setback requirements with losing required parking spaces,they shall be made conforming to the new setback requirements • a number of cross-references have been added to help readers navigate the Code Many of the items listed above as clarifications put our current practices into the ordinance. Provision has • been made for existing parking lots which do not meet the new setback requirements to continue in use and to be repaired and reconstructed. Plk,lrVULAA Pamela Sheldon, Community Development Director RECOMMENDATION: The Planning Commission, on a vote of 6 ayes and 0 nays, and the staff recommend approval of Ordinance 590 as presented.