Loading...
HomeMy WebLinkAboutResolution 7196 • LAND TYPE Torrens (T) DOC NUM 5870372 Certified, filed and/or recorded on Aug 25, 2021 1:20 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 2303420E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1513134 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 9 6 A RESOLUTION APPROVING VARIANCES FROM THE ORONO SIGN CODE FILE NO. LA21-000035 WHEREAS, on April 21, 2021, Darrin Rosha o/b/o Orono Station West ("Applicants"), applied for variances from the City Code for the property addressed 2160 Wayzata Blvd West and legally described as: The West 200 feet of that part of the East half of the Northwest Quarter of Section 34, Township 118, 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, 545.78 feet to the actual 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 minute West from the actual point of beginning; thence North 2 degrees 19 minutes East 232.24 feet to actual point of beginning. The boundary lines thereof are marked by Judicial Landmarks set pursuant to Torrens Case No. 17100. Subject to a snow fence easement in favor of the State of Minnesota on land adjacent to the highway as shown by instrument recorded in Book 1129 of Deeds, page 144, Doc. No. 1428611; Subject to an easement for highway purposes in favor of State of Minnesota over the following described tract: Commencing at the Northwest corner of said East half of the Northwest Quarter run due South (oriented to assume bearing) along the West line ofsaid East Half of the Northwest Quarter a distance of 1275.90 feet; thence South 52 degrees 30 minutes East, 180.11 feet; thence South 2 degrees 19 minutes West, 38.99 feet to the center of former State Aid Road No. 9 being the point of beginning; thence continue South 2 degrees 19 minutes West 38.62 feet; thence South 69 degrees 41 minutes East, 45.94 feet; thence on a tangential curve, concave to the North having a radius of 1587.28 feet (central angle 3 degrees 16 minutes 20 seconds) 90.65 feet; thence North 56 degrees 44 minutes West 152.35 feet to the point of beginning; WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Sign Code to allow two free standing signs, one of which is 97 square feet, three canopy signs, and lighting on the face of the canopy; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. I71 96 WHEREAS, on May 17, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on May 17, 2021, the Planning Commission recommended approval of the variances; and WHEREAS, on June 14, 2021, the City Council directed preparation of findings for approval of the variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000035. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the B-1 Zoning District. 3. The Property contains 1.57 acres in area and has a defined lot width of 212 feet. 4. Applicant has applied for the following variances: a. Variance 1: Number and size of freestanding signs b. Variance 2: Number and size of Canopy Signs c. Variance 3: Lighting of canopy face 5. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the ordinance is to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications, including business identification. The second free standing sign SHO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 96 accommodates that goal, as does the additional canopy signs. The larger sign area for the canopy and freestanding sign is necessary due to the characteristic of the adjacent County Road. 2. The variance is consistent with the comprehensive plan. The use of the property, and its inherent signage, is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; There is two freestanding signs on the property, replacing and relocating one of them is reasonable. The number of canopy signs is reasonable, given that the sign area Is a modest increase over the existing levels of signage. b. There are circumstances unique to the property not created by the landowner; The multiple uses of the property and the variance history for two free standing signs are unique, supporting the need for a second free standing sign. Variance history does support additional signage for the property, as does other competing businesses in the area. Further, the inherited design of the canopy has three sides that are visible from the street, and could support the uniqueness argument. and c. The variance will not alter the essential character of the locality. The proposed signage, including the second free standing sign, will fit into the commercial character of the corridor. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations alone have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as signage is a permissible accessory use in the B-1 District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two- family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The unique use of the property as a mall with multiple uses supports the need for two free standing signs and the sign area proposed. The enhanced aesthetics of the sign structure supports the monument sign area. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. There are no similar parcels in this area, in Orono. There are three other gas stations in Orono, in the Navarre neighborhood. Further west on Wayzata Blvd, there is a gas station; that station is in Long Lake. Other buildings with multiple tenants are in Navarre, and none of them include a gas station. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. A second sign for the gas station use is necessary. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 9 6 11. 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 this chapter. The updated, signage will aid in the provision of information to the traveling public, necessary for health and safety. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant states that variances are necessary to provide for competitive signage. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to the Orono Sign Code to allow signage as depicted on the attached Exhibit A, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (June 28, 2022). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 28th day of June, 2021. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor 445456-1 Customer: MARATHON Description: Project No: 445456-1 Scale: Date: 03/15/3021 Drawn By: J.Goidsmith Location & Site No.: Revised: # MA2160ADR Revised: Resolution 7196 Notes: V10 7' System Overall Sign Height: 240.06" Chassis Height: 165.06" Chassis Width: 85.12" Chassis SQ Footage: 97.6 Pole Height: 230" Illuminated Cladding ********************* Detail 1: Marathon Logo Size: 69.06" ********************* Detail 2: LED Pricer - 1 Product Size: 64.5" Line 1: Digit Size: 24" Digit Color: Red Detail 3: Imprint Size: 21.5" Custom ********************* Detail 4: Utility Trough Size: 10" ********************* Electrical Service Lamping - 5.55 Amps Pricers - 9.58 Amps (2) 20 Amp Circuits REQ Customer Approval: Graphics and colors on file will be used unless otherwise specified by customer. Please review drawing carefully. By signing below, you agree to graphics as shown above, and to location of sign as shown. Please return signed copy back to Everbrite. CUSTOMER SIGNATURE DATE LANDLORD SIGNATURE DATE 14' -CL OAS - Scale 114`-1`-0` �IIAMILTV. cb.rrt em>Ylsai s9lm mrna -wi: .S`IG lam � �YRxI SPECIFICATIONS 31" X 8'-0" channel LED leter Acrylic face with black & white copy White LEDs Black edgetrim Black returns 12" x 90" sub copy LED channel Flat face with black & white copy White LEDs Black edgetrim & returns CHANNEL LETTERS 8r LC7GO (W RACEWAY Resolution 7196 Orono Station Marathon LED BACKLIT CANOPY LIGHT READINGS Panagraphics If/ flex face substrate with 3M BW E AVFfUGE 11 ] LU% HFD AVERAC£3571 W% HAIR TWN 3 logo's per canopy Each Marathon canopy logo 15.49" h x 118" L = 12.7 sq ft FFEDERAL — HEATH �, NMR�111oN ivans �.q�.1•...1f �N...Y1y--,,., �awu.,iw.r.._�...'..r+l....^t'.i2f:.�}'�::Ftll.:. LIGHT IEST.WRATHONWOD.940W.OUR :,�....... 2160 Wayzata Blvd, Long Lake, MN 55356 Resolution 7196 Illuminated example Orono Station Marathon Fascia Height 36" I �0 B 45 degree corners A BUILDING a] 60' Mounting Surface Dimensions 36" Marathon 3D LED Backlit (3 Sides Only) 36" Marathon ACM w/3M Vinyl (1 Side Only) 3 LH Marathon Flex Face Logos *'*Confirm dimensions and logo placement* " 50' Marmon 0 Wayzata Blvd. ROAD A 18' Resolution 7196 APPROX LEAD-TIME: 4 WEEKS All corners must be 12" x 12" of white Vinyl ACM on This Side only F 7D SITE ADDRESS: 1viarathon 2160 Wayzata Blvd_ Long Lake, MN 55356 ` 45 degree I corners "Office Use Only— SIDE A BACKLIT, LH FLEX FACE LOGO SIDE B= BACKLIT SIDE C: BACKLIT, LH FLEX FACE LOGO SIDE D: BACKLIT SIDE E: BACKLIT, LH FLEX FACE LOGO SIDE F: VINYL ACM 50' Marmon 0 Wayzata Blvd. ROAD A 18' Resolution 7196 APPROX LEAD-TIME: 4 WEEKS All corners must be 12" x 12" of white Vinyl ACM on This Side only F 7D SITE ADDRESS: 1viarathon 2160 Wayzata Blvd_ Long Lake, MN 55356 ` 45 degree I corners Orono Station Marathon Resolution 7196 Site Plan Hen^" 3411823210002 .• r r djr i • Go to Property links - p r Clear results • C •;1 + Basemaps PID:3411823210002 i 2160 Wayzata Blvd V,/Orono, MN 55356 Imagerye '��• Select ayear None Owner KeshavProperties LlctH l - `'- KESHAV PROPERTIES LLC Taxpayer: 7625 CO RD 116 CORCORAN MN 55340 Map layers 0 House Number Parcel Area. 1.57 acres- - - � - • E] Parcel Annotation 68,418 sq It • • � Ej Survey Monuments TorrenslAbstract: Torrens ttt � E] Survey Grid Addition: Unplatted 34 118 23 1 j71 1 ` a Abstract(forrens/Both Lot - — �. � .. • . � • � e � �: -, � El Market Value Asmt Yr 2019 Black: _ _ - _ ❑ Market Value Asmt Yr 2020 That Part Of E 112 Of Nw 114 1?Recently Sold Desc As Fol Cam At The Nw- — - Cor Of Said E V2 Of Nw 114 Surveyed Properties Th On An Assumed Brg Of S _ - Metes & Bounds: Along W Line Thof 1311.29 _ Ft Th' Note: & BouPartial & Metes Bounds Description. �'- a •` _ Market Value: $775,000 Total Tax $22,855.24 � Y�•rIP �'!'t �+�• Property line is 9' off sidewalk at the sign