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Home My WebLink AboutResolution 6931 II I II II I I 11 10 1 11111 II Doc No A10624543 Certified, filed and/or recorded on Jan 2, 2019 9:16 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1775822E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. 111 11 1 111111 1 11 11 11 111 II Doc No A10620404 Certified, filed and/or recorded on Dec 14, 2018 12:10 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 17 Pkg ID 1770849E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, `,� No. 6 9 3 i G ��kFSHo�`� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1478 FILE NO. LA18-000096 WHEREAS, on November 9, 2018, Orono Independent School District No. 278, a Minnesota public corporation, represented by Justin McCoy ("Applicant"), is the owner of the property located at 685 Old Crystal Bay Road North within the city of Orono(hereinafter"City"and legally described as: The south 940 feet of Government Lot 1, Section 33, Township 118, Range 23, also known as PID 33-118-23-21-0002,Hennepin County,Minnesota(hereinafter the"Property"); WHEREAS, on March 14, 2005, the City of Orono granted a variance permitting a free standing, electronic sign measuring 56 sq feet and 9'2"in height via resolution 5292; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1478 to allow a freestanding sign larger than 56 sq ft and 9'2", the dimension granted by Resolution 5292; and WHEREAS,on December 10,2018,after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 Dee.•��.ZolB, the City Council reviewed the application and the recommendations of 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 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, �� rro. 6 9 �1 � t�k@SHO�� 1. This application was reviewed as Zoning File #LA18-000096. The analysis contained within staff inemos 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 RR-1B Zoning District. 3. Applicant has applied for the following variance[s]: a. Sign Height, m�imum,per variance, is 9'2"inches. b. Sign Area, m�imum, per variance, is 56 sq ft. 4. In considering this application for variance, the Council has considered 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: 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 ordinance is intended to allow for signage for non-residential uses in residential districts while moderating the impacts of signange. The proposed variance is for architectural features not contemplated with the original variance or ordinance, but does not detract. 2. The variance is consistent with the comprehensive plan. The Comprehensive Plan does not speak to signage regulation specifically. 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 property is used for public schools,based on the size a permitted use in the district. b. There are circumstances unique to the property not created by the landowner; This is the only public school use in the city of Orono, and c. The variance will not alter the essential character of the locality. The increase in signage over already permitted signage is not expected to alter the character of the locality. Additionally City Code 78-123 provides additional parameters within which a vaxiance may be granted as follows: 2 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� � No. f��31 G `qkESH�� 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd.2,when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a school is an allowed use in the RR-1B District, further, the ordinance allows for signage. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. This property is at the corner of two major roads; users of the school district complex, which includes the High school, Middle School,elementary school,and District Offices. Access to the facilities for most users is via Old Crystal Bay Road. The proposed sign is located at the south end of the complex, maximizing its potential to communicate information. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While schools on lots 15 acres or greater are a permitted use,this is the only school in the RR-1B zoning district. A school is an intense, diverse use, often hosting a variety of educational, club, art, and athletic activities nightly, in addition to school classes during the day. These activities require dynamic communication of information. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The sign variance, if granted, allows the school district to both communicate the diverse activities found on school grounds, while also promoting their identity in a clear and profound manner. 11. 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. Much of the additional sign area and height is air space, the variance will not support a sign that negatively impacts neighboring properties. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. A sign necessary to communicate the information provided by the school district, meeting the sign ordinance would likely be too small to be effective. CONCLUSIONS, ORDER AND CONDITIONS: 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G�� No. 6 9 3 1 ��ESHO�� Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1478 to allow a freestanding, electronic changeable copy sign as depicted on the attached Axhibit A, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. 3. The approved project shall conform to the building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A& B. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. 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 sign by December 10, 2019, or the variance will expire on that date. 6. 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. ADOPTED by the Orono City Council on this l Oth day of December, 2018. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 4 1 r13'O" 11''5"(Alm-Orono public Schools-Long Lake A.SPECTRUM w1xluM Si HE 1 c7'00&4e I 2'2"4' 1 SIGN SYSTEMS,INS aan„�, .e I ].srM.a,59 8.1 I I 111-HIH wm.yewn,n,lyn,<nn, R®NO SCS: ';I, ,. � P ,'I, AIM Elcctronicn I MENIESEEMBIEW. 3-71/2" / 0 s ll Attm BNanGrardstrand '\\Y rvur, B ' 7655 Washington Ave 5. 2.0 .:,E�; 1 4 •T)r.. ��D, �� Edina,MN 55439 - --sem.-+� D. �. 6. I= �- ® E. ,j',. ¢ 952-941-9830 — t. - READY SET F "�j y i 685 N Old Crystal Bay Read `' ! D"' �" Lon lake,MN 55356 ,3,D,. READSEZIVAitil MEEN a U.1 �' • t i RIE2k 9'-2' 6'"9. CELEBRATE I7 1/ Callaalii 6-,B-,B MS galtTO READ MONTH BY G. ' EN IRMO MS JOINING THE 2018 '4 t, PatHck Woller READING CHALLENGE! H. T7[�.7r(` Y`,,ILN "..'-r. g,{ RkkFerraro -itz, :1;;;;;;:z 1MbMrentlwnMWr PTW�4 gJC:« �.. 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A.Radius Aluminum Backer Painted 41 313SP Dark Bronze-2'Deep with Finished Aluminum Back B.4'x 4-Steel Square Tube Painted 41 3135P Dark Bronze With Platen Attached To Masonry Structure C.'ORONO SCHOOLS'-2'Deep LED Halo Illuminated Letter Set Painted Metallic Bronze with DIV wcrAcrylic Backers D.LED Face Illuminated Channel Logo with 3'Dark Bronzy Returns and 1'Dark Bronze Trim Cap 3/16'White Acrylic Face with First Surface Tansluconc Blue Vinyl E.2'x 2'Steel Square Tube Frame For Aicaching LHint D Channel Logo Pawned 41 3135P Dark 8rooze Customer Approval F.Aluminum Flashing Painted 41 313SP Dark Bronze 9,6'-9'x 6-1”One-Sided 15.85mm Full Color Mnsnago Display-Include Structure on Back of Sign for Attachment -- ____ H.Existing Brick Base-Dimensions TBV Date • 3: Aim-Orono Public Schools-Long Lake AR,SPECTRUM 51(3N SY5rtM5.INC 1700nAr 92711(500 N.1 846 NON(MN 5.99 .1.3019159.. IMMUMMENHEIV AIM Electronics Atte:Brian Grandstrand CA n{4O�1M O O 7655 WN 554 9 Ave 5. Q • ��)�,! I_ i{I Edina,MN 55439 952-941-9830 READY,SET, 685 N.OW Crystal Bay Road READ! Lang lake,MN 55356 °o CELEBRATE I LOVE P TO READ MONTH BY ELEMINIESIUMW 1JOINING THE 2018 6-18-18 READING CHALLENGE! Patrick Woller Rick Ferraro tr ennnenwueu,M prupnr dSp0.80111019.05b<8 b no Ni t View N be p.m.dupla*9h 0.9M.Nowt dSpawn sqr 5N„m11pWM wldl 6Loin,hNpepnedmnlwry theupnbrnynm 800311m Speelw0 epn Sonxahtb pro.11.4r qc in erpm,coo welpwdumSN85551em,M bertlarIN51400.00N Nom Customer Approval Date