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