12-12-2016 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A4. The Property is located within Storm Water Overlay District Tier 3 which allows 35% hardcover. The existing developed commercial grocery store has 2.04 acres of hardcover, including the parking lot, drives, and commercial building, a ratio of 87%. A5. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicable regulation provides for commercial signage in a manner that does not impact the traveling public due to hindered visibility and visual clutter. Further, the ordinance intends on improving the streetscape by requiring more stable, architecturally significant monument signs in lieu of pylon signs. The variances, if granted, would protect visibility while providing signage similar to monument signs. 2. The variance is consistent with the comprehensive plan. The Comprehensive Plan identifies the subject parcel as commercial, the proposed signage supports and is consistent with the intended use. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the use of the property is the supermarket. Freestanding signage is a normal and expected accessory structure in commercial settings. The proposed signage, to be located in a conforming location, would require the removal of several parking spaces, increasing hard cover, and expanding the commercial area to the south, toward the residential neighborhood. b. There are circumstances unique to the property not created by the landowner; the lot was developed in the 1970s, and has been a grocery store for many decades. The siting of the building and the parking lot was established by previous developers. Further, a portion of the county right of way juts into the property, to facilitate traffic control mechanisms. This encroachment effectively takes parking stalls away from the property owner, and eliminates normal locates for freestanding signage; and c. The variance will not alter the essential character of the locality. Recognizing that signage is a normal improvement in a commercial setting, the proposed signage is intended to compliment the improvements being made on the principal structure while maintaining site visibility at the intersection.