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HomeMy WebLinkAboutResolution 7492 variance sign upgrade LAND TYPE Abstract (A) DOC NUM 11298896 Certified, filed and/or recorded on Jul 17, 2024 8:01 AM Office of the County Recorder ''onnepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 176 Pkg ID 2691376E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ORONO ) I certify the foregoing is the original resolution adopted by the City Council on July 8, 2024. Officially signed as City Clerk of Orono, Minnesota and the seal of the city on July 8, 2024. C e Lusian, Clerk AWN- CITY OF ORONO RESOLUTION OF THE CITY COUNCIL a � NO. 7492 kESH00' A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1478& 78-1479 FILE NO.LA24-000032 WHEREAS,on May 22,2024,Good Shepherd Lutheran Church(hereinafter the"Applicant"), applied for variances from the City Code for the property addressed 3745 Shoreline Drive and legally described as: Lot 5,Block 7,Townsite of Langdon Park,Hennepin County,Minnesota(hereinafter the "Property"); WHEREAS,the Applicant has applied to the City of Orono for sign variances from City Code Sections 78-1478 and 78-1479 in order to replace a freestanding sign; and WHEREAS,on June 17,2024,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 June 17,2024,the Planning Commission voted 7 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS,on July 8,2024 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves 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#LA24-000032. 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 LR-1C One Family Lakeshore Residential Zoning District. 1 VO.Atp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� NO. 7492 "IkESHO 3. The Property is within Tier 3 and hardcover is limited to 35%according to the Stormwater Quality Overlay District. 4. Applicant has applied for the following variances: a. Permitted Sign Area b. Changeable Message Sign 5. In considering this application for variances, 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 . . . ."The subject property currently contains a freestanding sign on the property. The existing sign is nonconforming,but permitted to remain and to be replaced. The proposal is to replace the sign with a new, modernized sign of the same size. The dimensions of the changeable copy area is also nonconforming for the existing sign The proposal will modify the manual changeable copy area to a digital display. The new sign is not increasing the nonconformity and therefore in harmony with the general intent and purpose of the ordinance.The new digital display will not impact neighboring residential properties. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The replacement of a nonconforming sign is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. The proposal will meet all other zoning requirements. This criterion is met. 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 addition of a digital display sign for a place of worship is a reasonable improvement. The existing sign on the property is nonconforming as it relates to area and amount of changeable copy area and this will not increase with the proposed replacement sign. A digital display will allow Good Shepherd Lutheran Church to adequately present information to their congregation without impacting any residential properties. This criterion is met. 2 �ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A A. F G NO. 7492 `4kESHO�t b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing sign size and location is not the result of the current property owner's actions; and c. The variance, if granted, will not alter the essential character of the locality." The proposed variance resulting in a new sign of the same size and location will not alter the character of the locality. A digital display sign for a place of worship is common and will be used to display mass times,events,and other important messages.There will be no animation or blinking lights and is not visible from neighboring residential properties.The church is located on a major roadway abutting the City's commercial district (Navarre). The proposed sign would be in line with the character along Shoreline Drive.This criterion is met. 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 a sign is permitted on the subject property. 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 size and composition of the existing sign is unique and specific to the property.This criterion is met. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The unique and existing conditions do not apply to other properties in the neighborhood or district.This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The existing sign is in need of replacement. The manual changeable 3 BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A. .1., NO.F �, t4kES HO'g" copy area is difficult for the church to manage in the cold weather months.A digital display message would greatly improve the communication for Good Shepherd Lutheran Church to their congregation without negatively impacting any neighboring properties.This criterion is met. 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."Granting the requested variance would allow a new sign to be built that is the same size and location as the existing sign on the property.The proposed change from manual changeable copy to a digital display is the only difference. The digital display will follow all regulations and will not have any animation or blinking lights that would distract drivers along Shoreline Drive. The digital display will also not be visible from any neighboring residential properties.This criterion is met. 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty."The sign area variances will allow Good Shepherd Lutheran Church to replace a sign with a modern digital display.The existing sign has proven to be difficult to manage and the updated sign will allow for better communication for the church to their congregation.This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Sections 78-1478 and 78-1479 to allow the construction of a deck replacement of a freestanding sign with a digital display. 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached sign plans submitted by the Applicant and annotated by City staff(hereinafter the"Plans"), 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 construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval,or the variance will expire on that date(July 8,2025). 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. 4 lcO�p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL si\j1 F fi NO. 7492 !,•kES H O°' ADOPTED by the Orono City Council on this 8th day of July, 2024. ATTEST: 010 CITY OF ORONO: r _ Christi ." s 4 ity Clerk Dennis Walsh, Mayor 5 N ^ -zgl z ,. _,al i Z� - F. • = m vt7 Oni U mL v Z Sti , o w-i W w°a=tDaQWpy »5 od W OF �= ee oo�ZWHl.96W � Bi • w Ooit■o -6i ,„ . E c,Zsliz f■„■23❑ z TJ N JQ1.tZ pa- .J J _ a/ Q 8 uQ�,$, If �� Q W = a W0111 _ VO > °off w m : O, J 2 J 8 x z-ia}° s" (�� — m V Q W U �w, iu, / -.f- CI a ..� � ' o Q Vcx g aa;l° IQ r* he p _ 0w m pW o eF o =Dg 1 O I>— p =Z%o 3tos.P C�cp E O = O CX a s s �C• .;... Q - /3— Ia. Z 0 WF � Y Y e of I'► 0 2 Il a z ; gym= Q .� Q h c ao•L ,,n- = J . V o ;a < H W O O g g lit ', - O Q W /\ J Q U i a lb w `! U Ocei 'i z o o Y ! 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