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Planning Case No. 452-96 • New Apostolic Church; 3025 County Road H September 4, 1996 Page 7 object to the granting of a variance, they cannot appeal to the City Council but may appeal the decision to the Ramsey County District Court. * * * * * Conditional Use Permit Application Criteria from R-1 District Section 1106.04, Subd. 1 allows churches as a conditional use in the R-1 district provided certain conditions are met. These conditions include: a. Front yard depths shall be a minimum of thirty five feet(35'): Does not comply(see discussion of variance). b. Side yards shall be no less than thirty feet(30'): Complies. • c. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 1103.08 of this Title. (A copy of this Section is attached.) The applicant has proposed landscaping of all areas remaining after providing for off-street parking, sidewalks, driveways, and the building site. No new trees or shrubs are proposed, and no fences or structures are located in the area within sight triangle 30 feet from the intersection of Pleasant View Drive and County Road H. The Code requires either a fence or a green belt planting strip the height of which shall be sufficient to adequately shield the activity from the abutting properties. If a greenbelt planting strip is used, the Code states it shall be not less than 8 feet in height. The landscaping plan shows a more-or-less continuous screen of evergreen trees along the north and east property lines, with a double row of trees in the center section of the north property line. The only breaks in the line of evergreens along the north side are to allow room for existing mature deciduous trees. The row along the east side has three deciduous trees at either end. The evergreen trees are specified at six feet. The deciduous trees are 4 feet and 2 feet. The City Forester has recommended that the White Cedar (Arborvitae) be replaced by Black Hills Spruce because White Cedars do not thrive when planted in single rows alone. They are susceptible to wind and snow damage, and to being eaten by deer, which have been a problem for property owners in this neighborhood. The City Forester considered both Black Hills Spruce and Austrian Pine as suitable. Staff has discussed the height of the trees with the City Forester, since there was some comment at the last Planning . Commission on the ability to transplant eight foot trees successfully. Rick Wriski indicated that there is a break point in the availability of trees between 6-7 feet, and eight