Loading...
HomeMy WebLinkAboutResolution # 3584 ti 6O41•0 O == tag ; CITY of ORONO , , .4 0 Iv, ., RESOLUTION OF THE CITY COUNCIL 9kESH0g' NO. 3 5 8 4 A RESOLUTTION GRANTLti G VARIANCES TO MUNICIPAL ZONLNG CODE SECTION 10.61, SUBDIVISION 2 (A-3) AND (C) FILE NO. 2026 WHEREAS, New Horizon Child Care (hereinafter "the applicant") is the owner of the property located at 875 Wayzata Boulevard within the City of Orono and legally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.61, Subdivision 2 (A-3) and (C) to permit the installation of signage proposed at 50 s.f. where only 12 s.f. is allowed; for a signage area variance of 38 s.f. or 316% and for an entry pylon that is proposed at 13' 8" where only an 8' height is allowed requiring a 5' 8" or 72.5% height variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FUNDINGS 1. This application was reviewed as Zoning File #2026. 2. The property is located in the RR-1B Rural Residential Zoning District requiring two acres in area. The property consists of 7+ acres. 3. The Orono Planning Commission reviewed this variance application on June 19, 1995 and July 17. 1995 and recommended approval of the variances as amended based upon the following unique findings and hardships: A. The severe sloping topography adjacent to the road right-of-way presents a special need for additional height in signage alerting oncoming traffic of entrance to day care facility. B. Speed of traffic along this section of Highway 12 does not follow the 45 m.p.h. speed limit. There is a need to provide a quick warning for oncoming east and west traffic of location of day care entrance. Page 1 of 4 • b �- CITY of ORONO 0 A 3fTW7t-- 0911110G~ RESOLUTION OF THE CITY COUNCIL 1kESIi04 NO. 5 8 4 C. The unique location of entrance to facility with entrance located to the far east of the property and the day care located to the far west. D. The curvature in the road presents special signage height needs to warn oncoming traffic of entrance location. 4. 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. 5. 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 variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.61, Subdivision 2 (A-3) and (C) to permit new signage on the property consisting of a two-sided 4' x 4' entry pylon sign to be installed at a 13' 8" height and a single-sided illuminated sign at 4' 21/2" x 4' 21/2" to be attached to the structure at the north side and an illuminated apron at the entrance side of the facility. subject to the following conditions: 1. The entrance apron and single-sided building sign shall be illuminated only during the hours when facility is open for use. ?. Applicant's signage contractor shall met with Bill Warden of the Minnesota Department of Transportation in order to confirm exact location of Highway 12 right-of-way and to ensure minimum 5' setback would be maintained. Page 2 of 4 r O OO V\ 11 -:-::.,-, ti,._ ,, , ,, CITY of ORONO ,a 5Aj=. '5"�'" � �� �` Gti� RESOLUTION OF THE CITY COUNCIL r , � ikESI-10NO. 8 $ 4 3. Authorities granted by this variance run with the property not with the applicant, 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 will expire on that date (July 24, 1996). 4. Violation of or non-compliance with any of the terms and conditions of this variance 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 and authorized representative of New Horizon Child Care has read, understood and hereby agrees to the terms of this resolution and on behalf of New Horizon Child Care, its successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of July, 1995. A "TEST: /1(//,y i e / 4, �� Dorothy M. .- • i,'n, City Clerk Edward J. al an, r., Mayor ...—._ —'_ -- ss.),_ \„_______ ____/AA., \, Property Owner (s) ( ar i a _ mi.i:oa.r.Al■ 'a.:- -..; Li-f6/11.i d/1/.Io.'' New Horizon Child Care STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of July, City Clerk of the City of 1995 by Edward J. Callahan. Jr. and Dorothy said instrumentallin. Mayo r wasdexecuted on behalf of the Orono, a Minnesota municipal corporation and City. lii�rrrrrif�rl���l VEE Jr�ii\ 4-72-56-, r1 . % —, LINDA C Public \ i��. NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY 1 ' .. My Commission ExPires Jan.31.2000 orfl�.�������������,,,,,,,,,s� Page 3 of 4 H 74?,, 0.4 . O , \ o ...; CITY of ORONO 4. .� ��wtrillo~ RESOLUTION OF THE CITY COUNCIL 1kES11&> NO. 3 8 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 199 ,� , before me a Notary On this �- day of �tn�i �, s f �/ Public within and for said County. perso ly appeared .Sue Out,Kt ,f , Are5,'lent-c-I 1-Veuu.act-;2_,it known to me to be the person(s) described in and who executed the foregoing instrument, and cl ' rd Ccre___ acknowledged that he (they) executed the same as his (their) free act and deed. rrrri�.rrrriir�rr�i�iiriiiiN ,�1,/[- G�� E.r LINDA S.VEE -fJ� 1 iii)` NOTARYPUBLIC-MINNESOTA Nota y Public HENNEPIN COUNTY My Commission Expires Jan.31,2000 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 199 , 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 and deed. Notary Public Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION OF T.FASED PREMISES Parcel No. 1 -- Property Identification No. 35-115--23 44 0005 Property Address: 875 Wayzata Boulevard West Legal Description: That part of the Southeast 1/4 of the Southeast 1/4 of Section 35, Township 118 North, Rang© 23 West of the 5th Principal Meridian described as follows : Beginning at a point on the West line of said Southeast 1/4 of the Southeast 1/4 , 29 . 7 feet North of the Northeasterly line of the right of way of the Great Northern Railway Company; thence North along the West line of said Southeast 1/4 of southeast 1/4 to the South line of the right of way of the Electric Short Line Railway Company; thence Eastorly along the South line of said Electric Short Line Railway Company to the , Southwesterly line of State Hwy. 12 , formerly No. 10; thence Southeasterly along said Southwesterly line of said Highway to a point distant 385 feet measured at, right angles from the South line of • Section 35; thence Westerly parallel with and distant 385 feet measured at right angles from the south line of said Section 35 , a distance of 1011 . 05 feet to the point of beginning. Excepting therefrom that part of the above described property as is contained in Document No. 3964258 Hennepin County Recorders Office. Parcel No. 2 -- Property Identification No. 35-118--23 43 0003 Property Address: address unassigned Legal Description: All that part of the Southwest 1/4 of the Southeast 1/4 of Section 35 , Township 118 , Range 23 lying South of the Southeasterly right of way line of the Electric Short Line Railway Company and Northeasterly of the Northeasterly right of way line of the Great Northern Railway Company.