HomeMy WebLinkAboutRes 7196Existing Certs
1513134
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
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 71 96
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 comer 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. 71 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
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7 1 9 6
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. 7196
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:
Map
Dennis Walsh, Mayor
445456-1
Customer: MARATHON
Project No: 445456-1
Date: 03/15/3021
Location & Site No.:
it MA2160ADR
Scale:
Drawn By: J.Goldsmilh
Description:
Revised:
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
otherw se specified by custorner. 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
Qc)
L
>co
Lr) M
� Z �
n
q 0
�
co
�
0
CD q
T-- 0
N —j
O
N
:§
m )
|
� �
§
�
� k
.�'A
§}
2&
i7
v\
q
§§
§ \
CL
{'
« E
ou
!!
�£
§§y!
m ]
�!
o
\ (u /
q
|
|tLo
/ &
§{
E
§(
—i
m]\
vo
U)
f
f
Y
_>b
00
LU
w
G7 V O
CD
N
0
O
w
N
c
E 4-
=
0
0
Gl N
= C R
[t
w
C r
`o x
J
V N
w
U 0
0
Qr
i
R
Q
M
s U- U
x
u
LLJ
w3�
iE-j - LL
4 C 0
W
(L
a
O
a
41
c
M d i
0
LO
>
co z
w
co x
Q�3�
W O O
co SJ J
0
N
z
W
uo
BO
r
i
Bo
0
LO
C
►]
f
f
_>b
00
41
G7 V O
CD
N
0
O
O
N r J
0
c
vV N
=
0
O O 0
0 0
V)O
= C R
m
O o
v � IL
w
U 0
0
'�
m
i
R
Q
M
s U- U
x
u
LLJ
w3�
iE-j - LL
_3 O
a
o =
41
c
M d i
YYYY�<
c
O O
'O
;�¢dgq¢z
f J
0C]m
mcn
=
wwww0000
Luow-)
Vtof/fCoto
M M
x
0
LO
C
►]
CO
D7
ti
c
O
-I. -
0
U)
(1)
••i
C-
0 0
1
C-
4-)
m
5�
L
O
4-j
m
v I
C- ^
C -
1__L
O (2)
L 4-)
i�