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Home My WebLink About#2482-variances-1988 , h ( � FV_• '_ 1 r` � . . ' . . . s�b" y 4` �' . . . .. , ; . ' . . s �, . . , . . . . . . r " r:; �d � c�tV o� oR,oNo . 1. �� i., _J ''{'y(�L^j„p `w. , v r � � RESOLUTION OF THE CITY COUNCIL ,T'-'.� �' NO. 2482 �• � • • A RESOLDTION GRANTING VARIAI�ICES TO MONICIPAL ZONING CODE SECTION 10.42, SIIBDIVISION 7 (D) , , �. SECTION 10.61, SIIBDIVISION 5 (B) , AND SECTION 10.61, SIIBDIVISION 3 (E) , FII,$ #1304 WHEREAS, Richard Bloomquist, an authorized agei►t of Rick's Super Valu (hereinafter "the applioant") has an interest in the property located at 3333 Shoreline Drive within the City of Orono (hereinafter "City") and • legally described as Tract D, Registered Land Survey Number 1422, Hennepin � County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.42, Subdivision 7 (D) , Section 10.61, Subdivision 5 (B), and Section 10.61, Subdivision 3 (E) resulting from the � upgrading of County Roads 15 and 19 within the Navarre area; the applicant • seeks a street setback variance of 7' for a pylon sign to be installed 3' from the newly aligned property line rather than the required 10' and as a . result of the redesignated parking areas with°in��.�h�;parking lot seeks a • , street setback variance for parking proposed at b'' were 20' would be required. • NOW, THEREFORE, BE IT R�SOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1304. 2. The property is located in the B-3,� Shoppi°`rig ._ Center Business District requiring a minimum of 2 acres in area. The property consist of approximately 2 acres in area. � 3. The Orono Planning Commission reviewed this application on July 18, 1988, and recommended approval of the variances as amended based upon the following findings: • A) The location of the sign will not create a sighting problem for any of the users of the intersection of County Roads 19 and 15. • B) The location of the sign will not present a safety hazard to the users of the public road way or parking lot of the Super Valu store. ' Page 1 of 4 i. � .�. • � - . � . ' ..l ' . � . . • `; � `.;��`�,� �M�`� ' ' • - . . • ' '.. . . � . , . . ' . . , . . . ' . . _, � �::: a d . C�t� o� OROl�TO . . .. ':. . � A�P�,c.,4�T i"wii. . . . �. . . - • .. �^} � � _ �� .' R�SOLUTION OF THE CITY COUNCIL _. r��' 2482 � NO. .�., .. � :, • �:t' C) The parking area will be separated from the county road improvements by approximately 10',these improvements consist of 1 1/2' wide bituminous/berm, 6 inch bituminous curb, sidewalk, and boulevard area. D) The County wi 11 provide a 1 1/2' buf fer so that cars wi 11 not extend out over the walkway adjacent to the north and east lot lines of the Super Valu parking lot. E) The loss of some 8,127 s.f. of parking lot area has created a major hardship for the applicant. The need for the setbacks has been created not by a more intense use of the property, but by a public safety need to improve the intersections of 15 and 19 in Navarre. • 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed � variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping , with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono - City Council hereby grants variances to Municipal Zoning Code Section 10.61, Subdivision 3 (E} , Section 10.42, Subdivision 7 (D) and Section ' 10.61, Subdivision 5 (B) permitting the relocation of a pylon sign located • 3' off the street right-of-way requiring approval of a 7' or 70$ variance and the realignment of parking areas adjacent to County Roads 15 and 19 set — 0' from the lot line rather than the required 20' requiring a 100$ - � -- variance, subject to the following conditions: _ 1._ Applicant is hereby advised that if the existing sign is to be - relocated or a new sign installed within the substandard setback area that this must be approved by the City prior to the installation. Page 2 of 4 � s � , hc •;, � + �''� ', .� , • . , ' � f . ', � . �;,,{ ' , .� ' . " . :6� � ' .' , . . ' x,`.' • '„ `k� �° �d �:` . . .� Cit ��o� ORONO � '�'I ,�,yr�'�` , � . . � � _ . . . � • . � � �'�. • "�,,`et X r > ' .. .. . . �' . • ,. .. . . . ` �ry� . • � RESOLl1TION OF THE CITY COUNCIL . " , ;: � t;�;.� . `'• �,(�' ' " .NO: 2482 . . � . . • ' � • 2. Authorities granted with this resolution run with the property not � with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of . . Council approval , or this variance wi11 expire on that d�te (August 8, 1989 ) . ; 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the • zoning code, shall automatically terminate any authority granted � herein, and shall be punishable as a misdemeanor. � 4. The undersigned app licant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, . successors and assigns, hereby agrees to the recording of this � resolution in the chain of title of the property. . Adopted by the Orono City Council on this 8th day of August, 1988. ATT ST: � - �� orothy M. llin, City Clerk Jame R. Grabe , May -r �.� . .t/ V + � �j� r � � roperty Owner( ) �s � � � � � ��L : � Page 3 of 4 � � � ' `. .'� '..� . . . . . � • ... • , M1, • .. :Y ... ........,,�...,....... ... . �'.�� - . . •.....�.. . . . ,t...,c. ., . .:. �. ..,_ . —.. . ' .� .. � � � ` � 4� Clt O� OR�NO �� • S .�� . ,�^:� RESOLUTION OF THE CITY COUNCIL ,` ..,� ' NO. 2482 .� � • • � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this �� day of � �21�1 �J' 21' • 198.� � Public within and for aid county, personally bef ore me a Nota appeared �o��'�+ �^ �'� E h I e rs k n o w n t o m e t o b e the person(s) described �.n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. • ��-i- NOTARY PUBLIC �� L�_Tf-1!�. LEOPOLD � ob ''� cd�TA�Y FU�LIGMINNESOTA � ��' RcDI"JOOD COUNTY My Comm.Expires Jur►e 18,1991 MY COMM � STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this � G �"-�, day of sR,,f, .,,.-��,� ► 198 , before me a Notary Public within and for said County, personally appeared 1?,�ha,�d !3/c�..��u�s�- known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. l��..�-� � ,�� NOT PUBLIC . . o'"""° R�Nr-1L� J. NI!_LES ,:!-:�; �={�yv NOTARY DU�LIC-MINNESO�A 'A� ` H[NNcPIN COUNTY . My commission expires Jan.18,1990 ' MY COMMISSION EXPIRES Page 4 of 4 . L y .`, `M � . . . �• • , ' f• µ��lb :.�i . • • ' ' . . . � �� c�t� o� oR,oNo . • '.i•A �. , , . . �ww w�.�.. . r��2 � � RESOLUTION OF THE CITY COUNCIL ;�, `°a, ,� _, • '�� NO. 2482 f ,_� -.� _ � - � -�,�: . STATE OF MINNESOTA ) _ ) ss. COUNTY OF HENNEP.IN ) On this �J�Tf1 day of �.� -�.Q.� �j.2. , 198g before me a Notary P blic within and fo said county, personally appeared m�;,,�i r ,� , i��1 �.� r S known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. • �� NOTARY PUBLIC �� ,.b ., L�ETH A. LEOPOLD � . � o p; NOTARY PUELIGMINNESOTA � l�� My Comm.Exp resCOUNNTIB 1991 MY CO . STATE OF MINNESOTA ) � )ss. � COUNTY OF HENNEPIN ) ' On this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they.) executed the same as his (their) free act ar_d deed. ' ; • NOTARY PUBLIC � : MY COMMISSION EXPIRES ; S -. • - �• , I � � � �. � ' � RESOLUTION #4282 • CONSENT � i . � Super Valu Stores, Inc. , as prime lessee of the property, as f described in the foregoing Resolution, hereby eaecutes this Consent I for the sole purpose of indicating its consent, as prime lessee, to � the foregoing Resolution. � ' j � SUPER V U STORES, INC. ' � �j � p , / i /"05-l�0 By: � Date: � ! lliam C. Hunt � . � Its: Vice President � I 2W � i I , I � E � . - ; ; I ; � � � '; ; . i I � ; � , � j � , I � i. . ,_: , ,, - ,- . . +, _ \ - . � . ;� .