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Resolution 7196
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Resolution 7196
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9/27/2021 2:55:55 PM
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8/23/2021 10:28:24 AM
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SHO <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 71 96 <br />accommodates that goal, as does the additional canopy signs. The larger sign area for the <br />canopy and freestanding sign is necessary due to the characteristic of the adjacent County Road. <br />2. The variance is consistent with the comprehensive plan. The use of the property, and its inherent <br />signage, is consistent with the Comprehensive Plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not permitted by the <br />official controls; There is two freestanding signs on the property, replacing and relocating <br />one of them is reasonable. The number of canopy signs is reasonable, given that the sign <br />area Is a modest increase over the existing levels of signage. <br />b. There are circumstances unique to the property not created by the landowner; The multiple <br />uses of the property and the variance history for two free standing signs are unique, <br />supporting the need for a second free standing sign. Variance history does support <br />additional signage for the property, as does other competing businesses in the area. <br />Further, the inherited design of the canopy has three sides that are visible from the street, <br />and could support the uniqueness argument. and <br />c. The variance will not alter the essential character of the locality. The proposed signage, <br />including the second free standing sign, will fit into the commercial character of the <br />corridor. <br />Additionally City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations alone <br />have not been a factor in the variance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar <br />energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § <br />216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not <br />applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono City <br />Code Chapter 78 for property in the zone where the affected person's land is located. This condition is <br />not applicable, as signage is a permissible accessory use in the B-1 District. <br />7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two- <br />family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property. The unique use of the property as a mall with multiple uses <br />supports the need for two free standing signs and the sign area proposed. The enhanced aesthetics <br />of the sign structure supports the monument sign area. <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. There are no similar parcels in this area, in Orono. There are three other gas stations in <br />Orono, in the Navarre neighborhood. Further west on Wayzata Blvd, there is a gas station; that <br />station is in Long Lake. Other buildings with multiple tenants are in Navarre, and none of them <br />include a gas station. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial property <br />right of the applicant. A second sign for the gas station use is necessary. <br />
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