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HomeMy WebLinkAbout#6552-variances/CUP-2015 . � _ r ��o � � ,� , ��� Doc No A10265587 Certified, filed and/or recorded on Dec 2, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 17 Pkg ID 1328638M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. . � �O=V� C ITY OF ORONO � � RESOLUTION OF THE CITY COUNCIL �� � 6 � � ;� �' N O. �. tAkF S H��� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1467(1)(C� AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418(4) FILE N0. 15-3779 WHEREAS,Trinity Lutheran Church(hereinafter"the applicant"),represented by Ken Jenson, is the owner of the property located at 2060 Sixth Avenue North within the City of Orono (hereinafter the"City") and legally described as follows: EXHIBIT A, attached(hereinafter the "property"); and WHEREAS,the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1467(1)(c) to allow signage greater than 12 square feet in area as permitted within Residential Districts; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 (4) in order to construct a church monument sign with a static electronic readerboazd on church property within a Residential District. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#15-3779. 2. The property is located in the RR-1 B,One Family Rural Residential Zoning District which requires a minimum lot azea of 2 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on September 21,2015 and recommended approval of the sign size variance based on the following findings: Page 1 of 6 . . �o�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��, G�� 6 � � � N O. �- t�kESH��� a. The property is 5.23 acres in area and has frontage along Sixth Avenue North, also known as County Road 6. b. The current Orono Zoning Code does not have sign standazds for institutional uses allowed conditionally within Residential Districts. Within Residential Districts a nameplate sign with a m�imum of 12 s.f. in surface area is permitted. The proposed sign has a surface area of 63 s.f.per side. a The new church monument sign and electronic readerboard will replace the existing monument sign on the property and should reduce or eliminate the need for temporary signage on the property. d. The existing monument sign is outdated, smaller and poorly located on the property;the new monument sign will be modern,larger and easier to read from County Road 6. e. The new sign will contain an electronically changeable readerboard which is not proposed to flash. A flashing sign is not permitted. Establishment of a minimum interval of time between message changes will eliminate the potential issue of traffic distraction. f. The new church monument sign will conform to Zoning Code Section 78- 1466(11)regarding monument signs. 4. The City Council makes the following additional findings: a. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed sign is an allowed use in conjunction with the church use. b. The variance is consistent with the comprehensive plan. The comprehensive plan allows churches in residential zones which inherently includes the allowance for signage commensurate with this institutional use. c. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the property will continue to be used as a church in conformance with the previously approved conditional use permits. d. There are circumstances unique to the property not created by the landowner; The substantial size of the property and the unusually lazge distance between the actual traveled roadway and the front lot line suggest that a signage area variance is reasonable; and e. The variance will not alter the essendal character of the locality. The proposed sign will replace a sign which already exists on the property. Page2of6 � . �o�o C ITY 4F ORONO � � RESOLUTION OF THE CITY COUNCIL �� ti �' NO. � �jr :� t'9kESH��� f. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing conditional use pennits applicable to the church use on this property make it unique,as does the unusually wide road right-of-way at this location. g. The conditions do not apply generally to other land or structures in the district in which the land is located. The CUP for church use and the need for signage associated with that use do not apply to other residential uses in the RR-1B district. h. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Signage is an important element of the church's mission in communicating with its members. i. 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 tlus chapter. The proposed variance to signage area size does not have any anticipated impacts on health, safety, comfort or morals, and proposed limitations on its use (automatic dimming and limited message changes) will ensure it does not become a nuisance. j. The granting of such variance will not merely serve as a convenience to the applicant, but is riecessary to alleviate demonstxable difficulty. The variance is necessary to allow the church to serve its members and users. 5. With regard to the Conditional Use Permit, the Council makes the following findings: (a) The church use including ancillary signage is consistent with the Community Management Plan. (b) The proposed use upon granting of the variance will be in compliance with the zoning code. (c) The proposed use is adequately served by police, fire, roads, and stormwater management. (d) The proposed use is provided with an adequate water supply and sewage disposal system. (e) The proposed use is not expected to generate excessive demand for public services at public cost. (fl The church use including the proposed signage at this location is compatible with the surrounding area. Page 3 of 6 . ��o�o C ITY OF 4RON0 RESOLUTION OF THE CIT'Y COUNCIL � �� � 5 � � �' �' N O. lAkE S H��� (g) The church use including signage at this location will continue to be consistent with the character of the surrounding area. (h) The church use including signage at this location will continue to be consistent with the character of the surrounding area. (i) The church use including the proposed signage is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally pernutted uses. (j) The proposed landscaping will add to the visual appearance of the proposed signage which does not require buffering or screening. (k) The proposed use of the sign includes limiting the frequency of inessage changes so that rapidly changing messages will not be a distraction to drivers, and the automatic dixnming feature of the sign will ensure that excess glare and light pollution is avoided. (1) The proposed use will not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. The proposed sign will have no impact on traffic levels or parking. (m) The sign is intended to match the architectural styling of the church and is not anticipated to have any environmental impacts. (n) The automatic dimming feature of the sign message boazd will ensure that excess glare and light pollution is avoided. The back-lighting of the signage outside the message board is not anticipated to cause glare. (o) The proposed use will not be detrimental to the public health,public safety, or general welfare. 6. The City Council has considered this application includin� the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 7. The City Council finds that the conditions e�usting on this property are peculiaz to it and do not apply generally to other property in this zoning district; that granting the variance and CUP 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 Page 4 of 6 . . �o�o C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �t G� NO. C � � � �kFSH��� applicant; and would be in keeping with the spirit and intent of the Zoni.ng Code and Comprehensive Plan of the City. 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 78-1467(1)(C)to allow a two sided monument sign of 63 s.f. per side where a maximum 12 s.f. sign is normally allowed and a conditional use permit for a new church monument sign with static electronic readerboard to be constructed for Trinity Lutheran Church, an institutional use allowed conditionally within the RR-1B Residential Zoning District, subject to the following conditions: 1. Council approval is based on the sign plans and site plan submitted by the applicant and annota.ted by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan or sign plan which aze not in conformiTy with City codes or this Resolution will require further Planriing Commission and City Council review. 2. Subsequent changes or updates to the new church monument sign panels shall be reviewed administratively by Planning Staff: Planning staff may require Council review of changes if they do not meet the intent of this Resolution. 3. The electronic readerboazd shall be operated such that the interval between message changes is no less than 60 seconds. 4. Removal of the existing sign is required and its removal sha11 be completed upon commencement of the use of the new sign. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a build.ing permit for the new construction within one year of the date of Council approval,or the variance and CUP will expire on that date(October 12, 2016). 6. 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. 7. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs,successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 5 of 6 �°�o C ITY OF ORONO � � RESOLUTION OF THE CITY COUNCIL �`�' ~ 1' �' `� �' N O. � ) b�� t�kESH�R� Adopted by the Orono City Council on the 12�'day of October,2015. ATTEST: , � �� �� ��� iane Tiegs, Ciry Clerl Lili Tod McMillan, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEpIN This instrument was acknowledged before me this Jf day of�r�p� ,2015 by ���I (kf'� ��'a-g dc � , �- �- �Z—' of Trinity Lutheran ��e) (title/position) Church on behalf of the Church. �.i':[,. ..1..w��,'. � a �a RACHELDODGE � , � NOTARY PUBLIC-MINNESOTA �� �� ���'- ��� carr�a, xes,�,.st,202o Notary Public �.,�. �M � Page 6 of 6 EXHIBIT A b 5 J � RESOLUTION NO. LEGAL DESCRIPTION OF PREMISES: The following property within Hennepin County. Minnesota: That part of the East 550.00 feet of the Southwest Quarter of Section 27, Township 118 North, Range 23 West of the Sth Principal Meridian, lying north of the northerly right—of—way line of Hennepin County State Aid Highway No. 6. ALSO, that part of Hennepin County State Aid Highway Number 6, Plat 5, as listed in document number 5455483, described as follows: the East 550.00 feet of the Northeast Quarter of the Southwest Quarter of Section 27-1 18-23, which lies southerly of the North line of said County State Aid Highway No. 6, plat 5, and northerly of a line drawn parallel with and distant 33.00 feet southerly of said North line, EXCEPT that part of the above described property which lies northerly of a line drawn from the intersection of the west line of said east 550.00 feet and a line drawn parallel with and distant 33 feet southerly of the north line of said PLAT 5 to the intersection of the east line of said 550.00 feet and a line drawn parallel with and distant 33 feet southerly of the north line of said PLAT 5. � r STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the�e�i��of the Orono City Council on October 12, 2015 with the original thereof on file in{�������, and the same is a correct transcription thereof. ':�. ��-���!r�1�,+ WITNESS my hand officially as such City Clerk and the c�z,'ora�e ' o�lj�,��ty this 15�'day of October, 2015. .,c�, ..G�°' vf�� � ��� c , �: ✓ s ° ` , �w,�� r, t" !e. : '� � ' �T / � � f � w .r.r � O � � �' e'I'iegr��"' �� � •.' • �> � i ; . '� ��G.-/i'. �{�� �� i. � .. y, '4Pc�aGO�f . � ��iL _�.: � q/ � . . . t, , Y{��, ,,.���,�l�e=,;..