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Home My WebLink About#6806-variance-2017V45 s �ywdo� &'w - III 11111111111111111111111111111111111111111 Doc No A10507278 Certified, filed and/or recorded on Nov 22, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 21 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1631747M $46.00 $46.00 CITY OF ORONO RESOLUTION OFIBE CITY COUNCIL NO. 806 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTIONS 78-1466 and 78-1468 FOR PROPERTY LOCATED AT 2445 SHADYWOOD ROAD FILE NO. 17-3974 WHEREAS, on August 30, 2017, SML Electrical, OB/O Bridgewater Bank ("Applicant[s]"), applied for a variance from the City Code for the property addressed 2445 Shadywood Road and legally described on Exhibit A attached, hereinafter, the property. WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1466 and 78-1468 to allow the redevelopment of a non- conforming monument style sign to be located within the 10 foot front yard setback; and WHEREAS, on October 16, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 16, 2017, the Planning Commission recommended approval of the variance; and WHEREAS, on November 13, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3974. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the B-4 Zoning District. 3. The Property contains .57 acres in area and has a defined lot width of 100 feet. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6806 4. Applicant has applied for the following variance[s]: a. Variance to permit the construction of a sign wider and thickness and width to be located within the 10 yard front yard setback. 5. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance 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. ANALYSIS: 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 a financial institution. 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, possible increasing hard cover. Further, the sign as proposed replaced one in this same location for several decades. b. There are circumstances unique to the property not created by the landowner; The lot was developed in the 1970s, and has been a bank for many decades. The siting of the building and the parking lot was established by previous developers; 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 intersections. 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 pattern of development in this area has resulted in buildings and parking areas very close to the traveled portion of the road, this is unique to this neighborhood. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6806 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 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 sign slightly wider and thicker than the existing sign, visibility will not be impacted. 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 a variance to Orono Municipal Zoning Code Section 78-1466 and 78-1468 to allow the re- construction of the freestanding sign slighting wider and thicker at the base within the 10 foot front yard, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (November 13, 2018). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 06 ADOPTED by the Orono City Council on this 13th day of November, 2017. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 06 Exhibit A LEGAL DESCRIPTION Property Identification Number (PID): 20-117-23-11-0015 Legally described as follows: Commencing at a point in Northeasterly line of Lot 2 distance 328.17 feet Southeasterly from Northeast corner of Lot 1 then Southwesterly to a point in Southwesterly line of County Road 19 being actual, Townsite of Langdon Park, Hennepin County, Minnesota. Source; Hennepin County Exhibit B MATCH COLOR OF TOP DECOR OF BLDG. TOWER DIF ALUM. FACE WITH ROUTED OUT COPY BACKED WITHWHITE POLYCARBONATE AND VINYL OVERLAYS PMS 1BBC BURGUNDY BLACK PMS 877C =GERBER 3M SILVER VINYL INTERNALLY LIGHTED WITH LEDS HINGED ACCESS DOOR. MATCH BLDG. MATERIAL TO SHROUD EXISTING UPRIGHT SUPPORT. Resolution No. 60006 .�.,. Scale 112"=1'-O" gewater Bank Pylon i Dotted linea indicates a> kitmg sign shroud. -------------- 1 1 111 11 Resolution No. DrF Alumface with routed out copy backed with white polycarbonate and vinyl overlays Internally, lighted with LEDs 1 , 1 4'-4°I 1 t 1 � BRIDGEWATE4 , 1 1 Shroud 17"wide at top w�rtrYd.rr.� 6&cr�— scale vzrr=�r #er Bank Pylon 61306 Resolution No. 6306