HomeMy WebLinkAboutResolution 7289 O
�T CITY OF ORONO
l VO RESOLUTION OF THE CITY COUNCIL
y� NO. 7289
`-.kESHO-
A RESOLUTION
DENYING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1478
FILE NO. LA22-000037
WHEREAS, on July 20, 2022, 612 Signs o/b/o River Valley Sports ("Applicant[s]"),
applied for a variance from the City Code for the property addressed 1444 Shoreline Drive and
legally described in attached Exhibit A
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1478 to allow a zero (0) setback for a
monument sign; and
WHEREAS, on August 15, 2022, 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 August 15, 2022, the Planning Commission recommended denial
of the variance; and
WHEREAS, on September 12 2022, the City Council directed preparation of
findings for denial of the variance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested variance 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#LA22-000037. 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-2 Zoning District.
3. The Property contains approximately 0.63 acres in area.
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CITY OF ORONO
�� RESOLUTION OF THE CITY COUNCIL
fig. G� NO. 7289
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4. Applicant has applied for the following variance:
a. A setback variance for a new monument sign
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. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." A monument sign is an accessory structure and is in
harmony with the intent of the ordinance.The proposed location for the proposed sign with a
0 foot setback in not in harmony with the ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The proposed variance to facilitate placement of a monument sign on
the commercially zoned property is consistent with the comprehensive plan.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable
manner, however, the proposed use is not permitted by the official controls.
The request to permit construction of the monument sign for an existing business with
a nonconforming street yard appears to be reasonable as the property has a reduced
rear yard due to existing conditions and its orientation with respect to the lakeshore
creates difficulties.The requested 0 foot setback for a larger monument sign then
existing is unreasonable.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
The existing improvements on the lot with the current building and substandard street
yard is unique to the property and not created by the landowner; and
c. The variance, if granted, will not alter the essential character of the locality."
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF NO. 7289
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The variance requested in order to permit construction of a monument sign will not
alter the character of the area within a commercial district.The proposed placement
of the sign abutting the road right-of-way is out of character and may pose a safety
hazard for vehicular traffic.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations 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. 2, 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 monument sign is an allowed accessory structure
in the B-2 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." Staff finds that the location of the existing
building is peculiar but a reasonable building envelope is available for placement of the
monument sign in a conforming location.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."The location of the existing building and substandard street yard does not
apply to other properties in the district.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."The new monument sign would be located in the
5'property line setback. The applicant states the existing location of the business and the
curve of the right of way creates practical difficulty for the owner in allowing a monument
sign. Staff finds the use and enjoyment of the property is currently being met with the
existing business and a monument sign is and accessory structure not necessary for the use of
the property.
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 applicant states
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�T CITY OF ORONO
l VO RESOLUTION OF THE CITY COUNCIL
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proposed variance will not impair health,safety,comfort or in any other respect be contrary
to the intent of the zoning code.The placement of the substantial sign within the right-of-way
may pose safety concerns to vehicular traffic due to its location and considerable increased
mass compared to the existing wooden sign.
12. "The grantingof such variance will not merelyserve as a convenience to the applicant, but
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is necessary to alleviate demonstrable difficulty."The variance for the proposed monument
sign would serve as a convenience as the primary use of the property is met with the existing
business. The proposed 0 foot setback is a convenience due to the conforming building areas
available.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby denies a
variance to Orono Municipal Zoning Code Section 78-1478 to allow a 0 foot setback for a
monument sign, subject to the following conditions:
1. Council denial is based on the entire record, above Findings.
2. The denial of this project is based on the site plan and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibit B.
ADOPTED by the Orono City Council on this 26th day of September, 2022.
ATTEST: CITY OF ORONO:
nna Carlson, City Cler Dennis Walsh, Mayor
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Resolution 7289
Exhibit A
LEGAL DESCRIPTION OF PREMISES:
PARCEL GROUP I
Par 1:That part of Government Lot 1, Section 11,Township 117, Range 23 described as commencing at
the meander corner on the North line of said Government Lot 1;thence South 10 degrees East
(assuming the North line of said Government Lot 1 as bearing East and West) a distance of 764.88 feet
to the actual point of beginning;thence North 67 degrees 48 minutes East to the shore of Lake
Minnetonka;thence Southeasterly along said shore to its intersection with a line bearing North 67
degrees 48 minutes East from a point which is on a line bearing South 10 degrees East and distant 61.39
feet from the actual point of beginning;thence South 67 degrees 48 minutes West to the shore line of
Tanager Lake (formerly Mud Lake);thence Northwesterly along the shore of Tanager Lake to its
intersection with a line bearing South 67 degrees 48 minutes West from the actual point of beginning;
thence North 67 degrees 48 minutes East to the actual point of beginning.
Par 2:That part of Government Lot 1, Section 11,Township 117, Range 23 described as commencing at
the meander corner on the North line of said Government Lot 1;thence South 10 degrees East
(assuming the North line of said Government Lot 1 as bearing East and West) a distance of 585.84 feet
to the actual point of beginning of the land to be described;thence continuing South 10 degrees East a
distance of 61.39 feet;thence North 67 degrees 48 minutes East to the shore line of Lake Minnetonka;
thence Northwesterly along said shore line to the intersection with a line bearing North 67 degrees 48
minutes East from the point of beginning;thence South 67 degrees 48 minutes West to the point of
beginning.
Par 3:That part of Government Lot 1, Section 11,Township 117, Range 23 described as commencing at
the meander corner on the North line of said Government Lot 1;thence South 10 degrees East
(assuming the North line of said Government Lot 1 as bearing East and West) a distance of 826.27 feet
to the actual point of beginning;thence North 67 degrees 48 minutes East to the shore of Lake
Minnetonka;thence Southeasterly along said shore 60 feet more or less to an intersection with a line
bearing North 67 degrees 48 minutes East from a point which is on a line bearing South 10 degrees East
and distant 61.39 feet from the actual point of beginning;thenc:e South 67 degrees 48 minutes West to
the shore of Tanager Lake (formerly Mud Lake);thence Northwesterly along the shore of Tanager Lake
to an intersection with a line bearing South 67 degrees 48 minutes West from the actual point of
beginning;thence North 67 degrees 48 minutes East to the actual point of beginning.
Par 4:That part of Government Lot 1,Section 11,Township 117, Range 23 described as follows:
Commencing at the meander corner on the North line of said Government Lot 1;thence South 10
degrees East(assuming the North line of said Government Lot 1 as bearing East and West) a distance of
647.23 feet to a point hereinafter referred to as "point A";thrince continuing South 10 degrees East a
distance of 117.65 feet to the actual point of beginning;thence South 67 degrees 48 minutes West to
the shore line of Tanager Lake;thence Northerly along said shore line to,1 line bearing South 67
degrees 48 minutes West from said "point A";thence North 67 degrees 48 minutes East to the shore
line of Lake Minnetonka;thence Southerly along the shore line of Lake Minnetonka to a line bearing
North 67 degrees 48 minutes East from the actual point of beginning;thence South 67 degrees 48
minutes West to the actual point of beginning;which lies Northwesterly of a line drawn parallel with
and 65 feet Southeasterly from the Northwesterly line and its extensions of the above described tract.
PARCEL GROUP 11
That part of Government Lot 1, Section 11,Township 117, Range 23 described as follows: Commencing
at the meander corner on the North line of said Government Lot 1;thence South 10 degrees East
(assuming the North line of said Government Lot 1 as bearing East and West) a distance of 647.23 feet
to a point hereinafter referred to as "point A";thence continuing South 10 degrees East a distance of
117.65 feet to the actual point of beginning;thence South 67 degrees 48 minutes West to the shore line
of Tanager Lake;thence Northerly along said shore line to a line bearing South 67 degrees 48 minutes
West from said "point A";thence North 67 degrees 48 minutes East to the shore line of Lake
Minnetonka;thence Southerly along the shore line of Lake Minnetonka to a line bearing North 67
degrees 48 minutes East from the actual point of beginning; thence South 67 degrees 48 minutes West
to the actual point of beginning; except that part of the above described tract which lies Northwesterly
of a line drawn parallel with and 65 feet Southeasterly from the Northwesterly line and its extensions of
the above described tract.
Resolution 7289
Exhibit B
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Sign Type C RIVER VALLEY MARINE OF LAKE MINNETONKA
Quantity:I '.
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Size Hx W:88 1/2"x 108" ' 1 I as-Notes:Double sided
luminated monument - --�
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1 I/8"aluminum faces ,�. � �� LED Detail
2 I/2"push through logos 7r
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4 24"x96"digital display
3 Principal LED LEDs and - Digital Display r.,
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60W 120V/12V transformers
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