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Home My WebLink AboutRes 2073 r 44, City of ORONO RESOLUTION OF THE CITY COUNCIL v4 r '`.i- ` NO. 2073 * ;06610` A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.61, SUBDIVISION 3 (A) & (D) , ORDINANCE 13, SECOND SERIES FILE #1000 & 1009 WHEREAS, William Wear (hereinafter "the applicant") is the owner of the property located at 2160 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: Section 34, Township 118, Range 23; Commencing at a point in Northerly line of State Highway No. 12 distance 149.05 feet Easterly as measured along said Northerly line from West line of East of Northwest 1/4 thence North 2 degrees, 41 minutes, 23 seconds East distance of 334.52 feet; thence South 87 degrees, 18 minutes, 37 seconds East distance 200 feet; thence South 2 degrees, 41 minutes, 23 seconds West to Northerly line of said highway; thence Westerly along said Northerly line to beginning (P.I.D.: 34-118-23 21 0002), (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.61, Subdivision 3 (A) & (D) and Ordinance 13, Second Series seeking approval of a staged comprehensive signage plan prior to the completion of the Highway 12 Planning Study requiring modifications in existing signage, allowing the installation of a second, independent pylon and limiting building signage at 288 s.f. (12 tenants each allowed a 2'x12 ' location sign) , this signage plan requires the following variances to the B-1 Commercial Zoning District standards: Ordinance 10. 61, Subdivision 3 (A) - Allowed Area For Signage Allowed = 200 s.f. Proposed = 573 s.f. Total Signage Area Proposed Variance = 373 s.f. or 187 % Ordinance 10.61, Subdivision 3 (D) - Allowed Height For Signage Allowed = 22 feet Proposed = 26 feet Variance = 4 feet or 18% NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 5 : r = City of ORONO YRESOLUTION OF THE CITY COUNCIL CITY OF NO. 2073 ORONO FINDINGS 1. These applications have been reviewed as Zoning Files #1000 & 1009. 2 . The property is located in the B-1 Commercial Zoning District. 3. The Orono Planning Commission reviewed application #1000 on December 16, 1985 and application #1009 on February 18,1986, and recommended approval of the multiple variances sought by the applicant based upon the following findings: A) The location, height and size of the directory sign will not impair sighting at the accesses to the shopping center and poses no hazard to the safety of the general public. B) The applicable B-1 zoning standards are not compatible with existing shopping center use and since 1980 B-3 shopping standards were found more appropriate when considering signage needs of the property. C) The specific design of the structure with elongated sides and minimal building area facing the street is unique to this property requiring special signage. D) The highway is curved along the street frontage of the property and the two curb cuts at the extreme edges of the property create special signage needs. E) The majority of tenants have direct accesses from building and not via an interior mall requiring special signage needs. 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. Page 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2073 A .ONG> f:ivy ji. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10. 61 , Subdivision 3 (A) & (D) and Ordinance 13, Second Series seeking area and height variances and a variance to the temporary limited development ordinance subject to the following conditions: 1. The City Council hereby approves a staged comprehensive signage plan for the property: A) Total Signage Area : Building Signage (12 x 24 s.f. ) = 288 s.f. Pylon Plaques (12 x 18.75 s.f. ) = 225 s.f. Logo Area (5 ' x 7 . 5 ' ) = 37.5 s.f. Time/Temperature Area (3 ' x 7. 5 ' ) = 22. 5 s.f. TOTAL SIGNAGE AREA = 573 s.f. B) The property is limited to two 26 feet high pylons described as the west "Logo" pylon and the east "Time/Temperature" pylon, the areas of each pylon are designated as follows: 1. West Logo Pylon 6 Plaques (2. 5 ' x 7.5 ' = 18 . 75 s.f. x 6 ) = 112. 5 s.f. 1 Logo Sign (5 ' x 7.5 ' ) = 37.5 s.f. TOTAL SIGNAGE AREA = 150 s.f. 2. East Time/Temperature Pylon 6 Plaques (2.5 ' x 7 .5 ' = 18.75 s.f. x 6 ) = 112. 5 s.f. 1 Time/Temperature (3 ' x 7. 5 ' ) = 22.5 s.f. TOTAL SIGNAGE AREA = 135 s.f. 2. The existing west "Logo" pylon must be altered to meet approved 26 foot height by May 10, 1987. The east and west pylon must be identical and constructed of similar material. Building permits are required for the installation of the east pylon and proposed modifications of west pylon. Each tenant shall be allowed one plaque area space but in no case shall any one tenant be allowed to exceed 37.5 s.f. of single signage or the combined area of two approved plaque signs on each pylon. 3. Building signage shall be limited to current tenant's name or logo. Building signage must be brought into conformance by May 31, 1989. Page 3 of 5 I ' City of ORONO rA< i k A`f RESOLUTION OF THE CITY COUNCIL .,,,„ ...„,„._.4,...,, F NO. 2073 J t 4. All additional signs in front island or landscape area are to be removed. The use of temporary portable signs is discouraged until the final code and comprehensive plan amendments have been completed. The use of temporary signs is limited to 3 to 5 day periods and requires a permit from the City. 5. The City Council places the owner on notice that he (she) is solely responsible for the maintenance and implementation of this staged signage plan and that 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. 6. Authorities granted by these variances 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 these variances will expire on that date (November 10, 1987). 7. The undersigned applicant has 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 10th day of November, 1986. ATST: . ( 5\.7k /,1J it f, l ...�t� \ N, (I/ ' .,, :•� othy r: allin, City Clerk Mary C. B er, Mayor 4111.el,r5,1� . 1:%:i �� ce-�-ec_ /�: GUI Property Owner(s) Page 4 of 5 , =„4, } City of ORONO RESOLUTION OF THE CITY COUNCI L CIITY NO. 2073 ST• NESOTA ) ) ss. COUNTY OF HENNEPIN ) On this I day of A..}d L) r)-1. _, 1986 before me a Notary Public within and for said county, personally appeared k), l/I'ai,J G(-.)Ear + YYl a-1 S (, lk,Y 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. THERESA L. NAAB NOTARY PUBLIC NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires trre MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1986, 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 MY COMMISSION EXPIRES Page 5 of 5