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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.61, SUBDIVISION 3 (A)
FILE NO. #2530
WHEREAS, William W. Wear and Mable Wear (hereinafter "the applicants")
are owners of the property located at 2160 Wayzata Boulevard within the City of Orono
(hereinafter "the City") and legally described as follows:
The West 200 feet of that part of the East Half of the Northwest Quarter of
Section 34, Township 18, Range 23 described as commencing at the Northwest
corner of said East Half of the Northwest Quarter; thence due south (assumed
bearing) along the West Line of said East Half of the Northwest Quarter a
distance of 1311.29 feet; thence South 87 degrees 41 minutes East, 545.87 feet
to the point of beginning; thence North 87 degrees 41 minutes West, 200 feet;
thence North 2 degrees 19 minutes East, 188.93 feet; thence North 87 degrees,
41 minutes West, 200 feet; thence South 2 degrees 19 minutes West, 334.96 feet
to the Northerly right of way line of State Highway No. 12; thence South 69
degrees 41 minutes East along said Northerly right of way line 45.94 feet; thence
Easterly 364.3 feet along said Northerly right of way line being a tangential
curve to the left having a radius of 1587.28 feet to an intersection with a line
bearing South 2 degrees 19 minutes West from the actual point of beginning;
thence North 2 degrees 19 minutes East, 232.24 feet to actual point of
beginning, according to the Government Survey thereof.
(hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held public hearings on October 18, 1999 and November 15, 1999 at which
times all persons desiring to be heard concerning this application were given the opportunity
to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.61, Subdivision 3(A) and (D) to permit total signage on the property
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to be 380 s.f. where 200 s.f. is allowed for this property in the B-1 zoning district and to
permit an encroachment of 6 feet into the front yard setback. This signage plan requires the
following variances to the B-1 zoning district standards for signage.
Section 10.61, Subdivision 3 (A) - Allowed area for signage in the B-1 district.
Allowed = 200 s.f.
Proposed = 380 s.f.
Variance = 90%
Section 10.61, Subdivision 3 (D) - Front yard setback for signs in the B-1 zoning
district.
Allowed = 10 feet
Proposed = 4 feet
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2530.
2. The property is located in the B-1 Business District.
3. The Orono Planning Commission reviewed this application on November 15,
1999 and recommended approval on a vote of 6 to 0 for a variance based upon
the following findings:
A. The use of the property is more in conformance with that listed in the
"B-3" Shopping Center District. If the property is zoned B-3 the lot
would be allowed 380 s.f. of sign space. A variance could be justified
based on the use of the property is similar to that of a property in the B-
3 District. The Planning Commission noted in 1986 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.
B. The Conoco station, as well as many other tenants, use an exterior
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entrance rather than a typical interior entrance associated with other
malls. It may be appropriate to approve additional signage based on this
need.
C. Highway 12 will be relocated from the existing location reducing the
amount of regional traffic to local traffic. The signage along old
Highway 12 should be in character with the local traffic use and
pedestrian users.
D. The Conoco pylon shall not be located closer than 10 feet to any lot line.
4. The existing pole for the previous pylon sign is located on the front property
line. The proposed sign would be located 4 feet from the property line. The
sign could not replace the existing pylon and meet the required setback from the
front property line. If the pylon is located off the property line 10 feet it would
be located in an existing drive and parking area. The sign could have been
relocated further to the west, however relocating the sign would require the only
tree remaining on the property to be removed. The tree would obstruct the view
of the sign for westbound traffic.
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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
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CITY of ORONO
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t 1 '0)14 4c) RESOLUTION OF THE CITY COUNCIL
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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 3(A) to permit total
signage on the property to be 380 s.f. where 200 s.f. is allowed for this property in the B-1
zoning district and Section 10.61, Subdivision 3 (D) to permit an encroachment of 6 feet into
the required 10 foot setback. This signage plan requires the following variances to the B-1
zoning district standards for signage.
Section 10.61, Subdivision 3 (A) - Allowed area for signage in the B-1 district.
Allowed = 200 s.f.
Proposed = 380 s.f.
Variance = 90%
Section 10.61, Subdivision 3 (D) - Front yard setback for signs in the B-1 zoning
district.
Allowed = 10 feet
Proposed = 4 feet
1. The signage on the property shall be limited to 180 s.f. of signage for the
building.
a) Two 2.5' x 8' conoco logos, one each for the east and west sides of the
canopy = 40 s.f.
b) 140 s.f. of signage limited to each tenant in the building's name or logo.
No individual sign shall be greater than 30" in height and shall be
located above the entrance(s) for each current tenant.
2. One east pylon shall be allowed for the Conoco Station. The pylon shall be
allowed one 2.5' x 8' = 20 s.f. conoco logo, one 1.5' x 6' tenant's name for the
gas station = 9 s.f., three lines identifying types of gasoline for sale and price
21 s.f. and 1.5' x 6' two line, changeable reader board = 9 s.f..
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3. One west pylon shall be allowed six plaques 2.5' x 7.5' = 18.75 s.f. x 6 plaques
= 112.5 s.f. one individual plaque is allowed per current tenant, limited to
tenant's name or logo and one logo sign 5' x 7.5' 37.5 s.f. to identify the
shopping mall, not to exceed 141 s.f. as exists the date of this resolution.
4. All signage for the property shall be in conformance with the conditions set forth
in this resolution by March 31, 2000.
5. Authorities granted by this variance run with the property not with the
applicants, 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 (February 14, 2001).
6. 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.
7. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
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CITY of ORONO
i, � ok G RESOLUTION OF THE CITY COUNCIL
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 14th day of February, 2000.
ATTEST:
Linda S. Vee, City Clerk Gabrie Jabbour, Mayor
227 a-?IL LU,4e-titi
Property Owners
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of
February, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
"w. MARY ANtJ JOHNSON ti ��� ('‘?./701_,
tteNOTAnY PUBLIC-MINNESOTA
My Commissian Expires Jan.31,2005 Notary F"ublic
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�t6 49 Ii` G) / RESOLUTION OF THE CITY COUNCIL
�9kES—H� NO. 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 27 r day of /=- /.7/i7, / ,200 c before me a Notary Public within and
for said county, personally appeared C.i,', i/, v Ili (A. C4,4)q/e/ i-")-,a t2.2i E'er
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.
r MARY ANN JOHNSON �/ 12%x,/ .1'7-7..",_,,./
NOTARY PUBLIC•MINNESOTA ^ ••-r'' y
a -` My Commission Expes Jan.31,2005 Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,2 gthday of ,-?i ( ,200 0 before me a Notary Public within and
for said county, personally appeared ./17c/-1 f Vi. e.q2 . rYt q fre; ea/
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.
. — _,----- •.:,---.. ..e.2:_.:0-1:1•:T. ------:,..-------, 'Yr OAV ) 91),_/
•�
,, MAR'‘ r, ,JOHNSON Notary Pubic
1. -'. (•e: NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2005 '
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