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�'��O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�' �`� NO. b 7 � O �9kss H o�`` Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The jutting of the County's right of way into the subject parcel is unique to this property. This does not appear to occur in other lighted intersections in the city. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The development of the property pre ordinance, the impact of expansions of County Roads 15 and 19 over the years, and the lot line configuration to accommodate traffic controls are unique to the subject parcel. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances allow for the placement of a sign at a logical location given the constraints of the property due to development patterns, access, and adjacent streets. Signage for commercial property is a right given to all commercial businesses. 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter. There has been no evidence to suggest that the variances would impact the health, safety, and comfort of adjacent parcels or the city at large. The applicant has proposed a two legged sign with an elevated message to preserve site visibility in the area. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Placement of a sign in a conforming location and a conforming style would require complete overhaul/ expansion of the parking lot,which would introduce other issues with the parking lot,including hardcover, stormwater control, access, and lot size. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1466 and 78-1468 in order to allow the construction of a new modified monument sign 18.1 feet in height setback 0.0 feet from the property line, subject to the following conditions: 1. Council approval is based on the survey/site plan and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the approved survey/site plan and signs plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Owners shall comply with the permitting requirements of the Minnehaha Creek Watershed District.