HomeMy WebLinkAboutResolution 65520111
RESOLUTION OF THE CITY COUNCIL
NO. 6
A RESOLUTION GRANTING VARIANCES
TO M[TNICIPAL ZONING CODE
SECTION 78-1467(1)(C)
AND A CONDITIONAL USE PERMIT PURSUANT
TO MUNICIPAL ZONING CODE
SECTION 78418(4)
FILE NO. 15-3779
WHEREAS, Trinity Lutheran Church (hereinafter "the applicant"), represented by
Ken Jenson, is the owner of the property located at 2060 Sixth Avenue North within the City of
Orono (hereinafter the "City") and legally described as follows:
EXHIBIT A, attached (hereinafter the "property"); and
WHEREAS, the applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1467(1)(c) to allow signage greater than 12 square
feet in area as permitted within Residential Districts; and
WHEREAS, the applicant has made application to the City of Orono for a
conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 (4) in order to
construct a church monument sign with a static electronic readerboard on church property within
a Residential District.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
This application was reviewed as Zoning File #15-3779.
2. The property is located in the RR -1 B, One Family Rural Residential Zoning District
which requires a minimum lot area of 2 acres and a minimum lot width of 200'.
3. The Planning Commission reviewed this application at a public hearing held on
September 21, 2015 and recommended approval of the sign size variance based on
the following findings:
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RESOLUTION OF THE CITY COUNCIL
No. 6552
a. The property is 5.23 acres in area and has frontage along Sixth Avenue North,
also known as County Road 6.
b. The current Orono Zoning Code does not have sign standards for institutional
uses allowed conditionally within Residential Districts. Within Residential
Districts a nameplate sign with a maximum of 12 s.f in surface area is
permitted. The proposed sign has a surface area of 63 s.f per side.
c. The new church monument sign and electronic readerboard will replace the
existing monument sign on the property and should reduce or eliminate the need
for temporary signage on the property.
d. The existing monument sign is outdated, smaller and poorly located on the
property; the new monument sign will be modern, larger and easier to read from
County Road 6.
e. The new sign will contain an electronically changeable readerboard which is
not proposed to flash. A flashing sign is not permitted. Establishment of a
minimum interval of time between message changes will eliminate the potential
issue of traffic distraction.
f. The new church monument sign will conform to Zoning Code Section 78-
1466(11) regarding monument signs.
4. The City Council makes the following additional findings:
a. The variance is in harmony with the general intent and purpose of the
Ordinance. The proposed sign is an allowed use in conjunction with the church
use.
b. The variance is consistent with the comprehensive plan. The comprehensive
plan allows churches in residential zones which inherently includes the
allowance for signage commensurate with this institutional use.
c. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; the property will continue to be used as a
church in conformance with the previously approved conditional use permits.
d. There are circumstances unique to the property not created by the landowner;
The substantial size of the property and the unusually large distance between
the actual traveled roadway and the front lot line suggest that a signage area
variance is reasonable; and
e. The variance will not alter the essential character of the locality. The proposed
sign will replace a sign which already exists on the property.
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RESOLUTION OF THE CITY COUNCIL
NO.
f. The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property. The existing conditional
use permits applicable to the church use on this property make it unique, as does
the unusually wide road right-of-way at this location.
g. The conditions do not apply generally to other land or structures in the district
in which the land is located. The CUP for church use and the need for signage
associated with that use do not apply to other residential uses in the RR -1B
district.
h. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant. Signage is an important element
of the church's mission in communicating with its members.
i. 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 proposed variance to signage area size does not have any
anticipated impacts on health, safety, comfort or morals, and proposed
limitations on its use (automatic dimming and limited message changes) will
ensure it does not become a nuisance.
j. The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable difficulty. The variance is
necessary to allow the church to serve its members and users.
5. With regard to the Conditional Use Permit, the Council makes the following
findings:
(a) The church use including ancillary signage is consistent with the
Community Management Plan.
(b) The proposed use upon granting of the variance will be in compliance with
the zoning code.
(c) The proposed use is adequately served by police, fire, roads, and
stormwater management.
(d) The proposed use is provided with an adequate water supply and sewage
disposal system.
(e) The proposed use is not expected to generate excessive demand for public
services at public cost.
(f) The church use including the proposed signage at this location is
compatible with the surrounding area.
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Li 11 y OF
RESOLUTION OF THE CITY COUNCIL
NO. � 5 5
(g) The church use including signage at this location will continue to be
consistent with the character of the surrounding area.
(h) The church use including signage at this location will continue to be
consistent with the character of the surrounding area.
(i) The church use including the proposed signage is not expected to
substantially impair the use and enjoyment of the property in the area or
have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses.
(j) The proposed landscaping will add to the visual appearance of the proposed
signage which does not require buffering or screening.
(k) The proposed use of the sign includes limiting the frequency of message
changes so that rapidly changing messages will not be a distraction to
drivers, and the automatic dimming feature of the sign will ensure that
excess glare and light pollution is avoided.
(1) The proposed use will not cause excessive non-residential traffic on
residential streets, parking needs that cause a demonstrable inconvenience
to adjoining properties, traffic congestion, or unsafe access. The proposed
sign will have no impact on traffic levels or parking.
(m) The sign is intended to match the architectural styling of the church and is
not anticipated to have any environmental impacts.
(n) The automatic dimming feature of the sign message board will ensure that
excess glare and light pollution is avoided. The back -lighting of the
signage outside the message board is not anticipated to cause glare.
(o) The proposed use will not be detrimental to the public health, public safety,
or general welfare.
6. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the applicant and the public, and the effect of the proposed variance and CUP on
the health, safety and welfare of the community.
7. 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 variance and CUP 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 applicant, but is necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a substantial property right of the
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RESOLUTION OF THE CITY COUNCIL
irk
N O . t J;
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1467(1)(C) to allow a two sided monument
sign of 63 s.f per side where a maximum 12 s.f. sign is normally allowed and a conditional use
permit for a new church monument sign with static electronic readerboard to be constructed for
Trinity Lutheran Church, an institutional use allowed conditionally within the RR -IB Residential
Zoning District, subject to the following conditions:
1. Council approval is based on the sign plans and site plan submitted by the applicant and
annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the
site plan or sign plan which are not in conformity with City codes or this Resolution will
require further Planning Commission and City Council review.
2. Subsequent changes or updates to the new church monument sign panels shall be reviewed
administratively by Planning Staff. Planning staff may require Council review of changes
if they do not meet the intent of this Resolution.
3. The electronic readerboard shall be operated such that the interval between message
changes is no less than 60 seconds.
4. Removal of the existing sign is required and its removal shall be completed upon
commencement of the use of the new sign.
5. Authorities granted by this resolution run with the property not with the applicant, but are
permissive only and must be exercised by obtaining a building permit for the new
construction within one year of the date of Council approval, or the variance and CUP will
expire on that date (October 12, 2016).
6. Violation of or non-compliance with any of the terms and conditions of this resolution 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 applicant has read, understands and hereby agrees to the terms of this
resolution and on behalf of the applicant and the applicant's heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the property.
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CITY Off~1RO T
RESOLUTION OF THE CITY COUNCIL
NO. �Jti'
Adopted by the Orono City Council on the 12'h day of October, 2015.
ATTEST:
ane Tiegs, City C1er
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ia. �4 ff
cff
Lili Tod McMillan, Mayor
This instrument was acknowledged before me this JTday of 2015 by
br I a.o �— rat_4 c*r� — of Trinity Lutheran
(name) (tide/position)
Church on behalf of the Church.
Ail_
RACHEL DODGE
TARY PUBLIC -MINNESOTA
nurrssion Expires Jan. 31, 2020
00C�
Notary Public
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