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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <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 <br />the official controls; There is two freestanding signs on the property, replacing and <br />relocating one of them is reasonable. The number of canopy signs is reasonable, given <br />that the sign 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 <br />multiple uses of the property and the variance history for two free standing signs are <br />unique, supporting the need for a second free standing sign. Variance history does <br />support additional signage for the property, as does other competing businesses in the <br />area. Further, the inherited design of the canopy has three sides that are visible from <br />the street, 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 <br />alone 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. <br />Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is <br />not applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono <br />City Code Chapter 78 for property in the zone where the affected person's land is located. This <br />condition is 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 <br />two-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 <br />aesthetics 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 <br />in Orono, in the Navarre neighborhood. Further west on Wayzata Blvd, there is a gas station; <br />that station is in Long Lake. Other buildings with multiple tenants are in Navarre, and none <br />of them include a gas station. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. A second sign for the gas station use is necessary.