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Home My WebLink About#5381-CUP-2005 � O,�. � � �, � g CITY of ORONO � . � -, . ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESH.04�� NO. !� � � � �� ' �� : � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT INCLUDING VARIANCES PER MUNICIPAL ZONING CODE � SECTION 78-348 (3), 78-916 (A) (1-3), 78-1288 (B), 78-1467 (1) (C) FILE NO. OS-3109 WHEREAS, Navarre Congregation of Jehovah's Witnesses, Inc., a Minnesota non-profit corporation (hereinafter "the applicant"), is the owner of the property located at 3655 Togo Road within the City of Orono (hereinafter the"City") and � • legally described as follows: That part of Lot 7, Block 10,TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota, described as follows: Beginning at a point on the East line of said Lot 7 a distance of 136.45 feet North of the Southeast corner thereof;thence West at right angles to said East line a distance of 128.00 feet; thence South at right angles a distance of 13.55 feet; thence West at right angles a distance of 136.00 feet more or less to the West line of said Lot 7; thence North along the West line thereof to the Northwest comer thereof; thence East along the North line thereof to the Northeast corner thereof; thence South along the East line thereof to the point of beginning, EXCEPT road. Also EXCEPT the West 100.00 feet said described property. .� (hereinafter the "property"); and WIiEREAS, the applicant has made application to the City of Orono for a conditional use permit including variances to Orono Municipal Zoning Code Sections 78- 348 (3), 78-916 (A) (1-3), 78-1288 (B), 78-1467 (1) (C) to allow demolition of the existing building and construction of a new building requiring a conditional use permit for a religious institution within a residentially zoned area including a hardcover variance to permit 43.8% hardcover within the 500'-1,000' zone when 40.6% exists, 43% was approved in 1994 by Resolution#3485 a�1d 35% is normally allowed, and a sign variance • in order to permit a sign measuring 8' x 4', or 32 s.f. where only 12 s.f. is normally permitted. Page 1 of 6 _ �°� , o � o - 3 C ITY of ORONO a � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'Esi3�g'�G NO. � 3 � � 2. The property is located in the LR— 1 C, Zoning District which requires a miiiimum lot area of one-half (%) acre and a minimum lot width of 100 feet. 3. The Planning Commission reviewed the original application at a public hearing held on May 16, 2005 and reconunended approval of the 32 s.f. monument style sign. The City Council reviewed the proposed revision on September 26, 2005, and recomznended approval of the revised sign plan based on the following findings: a. The previously approved monument style sign was 32 s.f. in area or 8' x 4' in dimension where the revised sign is 24 s.f. in area or 8' x 3' in dimension, constituting a reduction of 8 s.f. • b. A wall sign will have less of an impact on the surrounding neigliborhood than the previously approved monument style sign. c. The graphic content of the sign is identical to that of the previously approved monument sign. d. The revised wall sign proposed will have a greater setback from the public right-of-way than the previously approved monument style sign. ' 4. The City Council has considered this application including the findings and recomnlendation of the Planning Conunission, reports by City staff, comments by the applicant and the public, and the effect of the sign variance as revised 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 variance as revised would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not nnerely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or • difficulty; is ilecessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and inteilt of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 . � °� • o � � � s CITY of ORONO ,� - t � ti ti RESOWTION OF THE CITY COUNCIL ��`�k'ESS��G NO. �J � a � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a revision to Resolution#5331 regarding a sign variance in order to permit a wall sign measuring 8' x 3', or 24 s.f. where only 12 s.f. is normally permitted and an 8' x 4', or 32 s.f. monument style sign was previously approved within Resolution#5331, subject to the following conditions: 1. Council approval is based on the revised sign plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the sign plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. All other findings and conditions of Resolution #5331 remain unchanged and • valid. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the sign variance as revised will expire on that date (September 26, 2006). 4. 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. 5. The undersigned applicant has read, understood 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 3 of 5 . � °� � • o � � - CITY of ORONO � � �� ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESI3�g'�G NO. .J � � �. Adopted by the Orono City Council on the 26t�' day of September, 2005. ATTEST: � � �� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � C_t°_ 1,�� Property Owner( • STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � day of ��,,., 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota murucipal corporatioil and said instrument was executed on behalf of the City. � .r�" `, KRISTI B.ANDERSOPt � �` nn a-- =� ' NOTARY PUBLIC-MINNES07k � NOt y Public �,�:;,,;.� � My Commission Ezpires Jan.31,20Q7 .r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoin� instrument �as acknowledged before me on this 5 day of �c�-o( e�s�, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � �-�c�.�.�. L�.��. . • RACHEL DODGE Notary Public ' ' NOTARY PUBLIC-MINNESOTA ��;:. My Commission Expires Jan.31,2010 Pa�e4of5 � Y . � O� / • O � O -� � C ITY of ORONO � _ � -� . ti . ti RESOLUTION OF THE CITY COUNCIL ��`�kESH.�4�G NO. �J � � 1 STATE OF MINNESOTA - COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of �Pr,c.�ec,.2005 by I"l'1�GBia.�Q/n 9P.rn�►�-�, �rC'S/�w�'— of the Navarre ongregation of Jehovah's Witnesses, Inc., a Minnesota non-profit corporation, on behalf of the non- profit corporation. � � BARBARA G.SILU� - f�� ;; NOTARY PUBLIC-tJ,�:ti�.,�',-%; UU _.�,.�' N}y Cammission Exp:res�:.�...„��3 Notary Pub1iC ' • • . 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