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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. 7492 <br /> <br />2 <br /> <br />3. The Property is within Tier 3 and hardcover is limited to 35 % according to the Stormwater Quality <br />Overlay District. <br /> <br />4. Applicant has applied for the following variances: <br />a. Permitted Sign Area <br />b. Changeable Message Sign <br /> <br />5. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variance upon the <br />health, safety and welfare of the community, existing and anticipated traffic conditions, light and <br />air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. <br /> <br />ANALYSIS: <br /> <br />1. “Variances shall only be permitted when they are in harmony with the general purposes and intent <br />of the ordinance . . . .” The subject property currently contains a freestanding sign on the property. <br />The existing sign is nonconforming, but permitted to remain and to be replaced. The proposal is to <br />replace the sign with a new, modernized sign of the same size. The dimensions of the changeable <br />copy area is also nonconforming for the existing sign The proposal will modify the manual <br />changeable copy area to a digital display. The new sign is not increasing the nonconformity and <br />therefore in harmony with the general intent and purpose of the ordinance. The new digital display <br />will not impact neighboring residential properties. This criterion is met. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br />plan.” The replacement of a nonconforming sign is consistent with the Comprehensive Plan. The <br />applicant has identified the necessary practical difficulties inherent to the land supporting their <br />requests. The proposal will meet all other zoning requirements. This criterion is met. <br /> <br />3. “Variances may be granted when the applicant for the variance establishes that there are practical <br />difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with <br />the granting of a variance, means that: <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br /> <br />The addition of a digital display sign for a place of worship is a reasonable improvement. <br />The existing sign on the property is nonconforming as it relates to area and amount of <br />changeable copy area and this will not increase with the proposed replacement sign. A <br />digital display will allow Good Shepherd Lutheran Church to adequately present <br />information to their congregation without impacting any residential properties. This <br />criterion is met. <br />48