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Home My WebLink AboutResolution 5345 �� , f, . / � .. • / � O� � O O - � C ITY of ORONO 3 � � r � ti RESOLUTION OF THE CITY COUNCIL �L`�k'ESI30g'�G NO. � � � � A RESOLUTION GRANTING A SIGN AND HARDCOVER VARIANCE PER MUNICIPAL ZONING CODE SECTIONS 78-1288 (S) & 78-1467 (1) (C) FILE NO. OS-3120 � WHEREAS, Calvary Memorial Church, a Minnesota non profit � corporation (hereinafter "the applicant") is the owner of the property located at 2420 Dunwoody Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 7, TOWNSITE OF LANGDON PARK, Hennepin County, . � • . Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a sign and hardcover variance to Orono Municipal Zoning Code Sections 78-1288 (b) and 78-1467 (1) (c) to permit replacement of the existing pylon sign approximately 60 s.f. with a monument style sign approximately 61 s.f. where hardcover within the 250'-500' zone is 53.9% existing where only 30%is normally allowed and 53.8% is proposed. NOVV, THEREFORE �BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File OS-3120. 2. The property is located in the LR— 1C, One Family Lakeshore Residential District which requires a minimum lot axea of 0.5 acres and a minimum lot • � width of 100 feet. The property is operating under a conditional use , � permit. • 3.. The Planning Commission reviewed this application at a public heaxing held on June 20, 2005 and recomrriended approval of the variances based on the following findings: , Page 1 of 5 \� . i % . `-. �' ; �' O� . � • O � O CITY of ORONO a �- ; � ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESH.04�G NO. � c� � �- a. The proposed replacement sign is approximately the same size as the existing sign. b. The existing non-conforniing pylon style sign will be replaced with a conforming monLUnent style sign encased in brick with a stone cap. c. The property is located on a busy street where a sign 12 s.f. in size per � � Zoning Ordinance Section 78-1467 would not be visible due to the high levels of traffic and speed. d. The applicant has proposed to reniove ap�roaimately 32 s.f. of hardcover within the 250'-500' zone. • � 4. 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 variances on the health, safety and welfare of the community: 5. 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 variances 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 diff'iculty; is necessary to � preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIOI�S, ORDER ANI) CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a sign and hardcover variance to Orono Municipal Zoning Code Sections 78-1288 (b) and 78-1467 (1) (c) to permit replacement of the existing pylon sign approximately 60 • s.f. with a monument style sign approximately 61 s.f. where hardcover within the 250'- 500' zone is 53.9% eaisting where only 30% is nonnally allowed and 53.8% is proposed, subject to the following conditions: Page 2 of 5 \ � �` ; �� ,�`�.� . y' • Q 0 �� CITY of ORONO � . _ � ., . � �� G'�' RESOLUTION OF T��C�ITY COUNCIL `�kEsK�4 NO. � 1. Council approval is based on the site plan submitted by the applicant and anuotated by City staff, attached to this Resolution as Exhibit A. Any amendmellts to the site plan which are not in conforinity with City codes will require further Planning Coinmission and City Council review. . 2. Hardcover iii the 250'-500' zone shall be liinited to 25,927 s.f. or 53.8% per the proposed plan and hardcover allowance slunmary as depicted on E�ibit A. � Applicant is advised that any future requests to increase hardcover or chaiige the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concuirent reduction in existing hardcover. 3. Autllorities granted by this resolution run with tlie property not with the applicant, • but are permissive only and must be exercised by obtaining a building permit for the new construction witlun one year of the date of Council approval, or the variances will expire on that date (June 27, 2006). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoiung code, shall automatically ternunate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersi�ed applicant has read, understood and hereby ab ees to the terms of tl�is 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. Adopted by the Orono City Council on the 27t�' day of June,2005. ATTEST: �G��i ,d (/...�.� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor . • �� . Property Owner(s) Page 3 of 5 . \ . �- � �0� S Q 0 � C ITY of ORONO 1 � " i � a � ti RESOLUTION OF THE CITY COUNCIL f ��`9kEsII�4�G NO. � v� � � . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this o2� day of , C�•v��--- , Z005 by Barba.ra A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .. KRISTI B.ANDERSON �1� �� ' NOTARYPUBLIC-MINNESOTA . Notary Public � '•;;,,;� My Commission Ezpires Jan.31,2007 • STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instzument was acknowledged before me on this ��day of �- , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. c.�j� . �oo,e-� RACHELDODGE �. NOTARY PUBLIC-MINNESOTA Notary Public � � �,c.i My Commission Expires Jan.31,2010 • . Page 4 of 5 \ � � � �.�' � O O -� � CITY of ORONO � � . ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ `�kEsKo4 , No. 5 � 4 � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of J�(�� , 2005 byBruce A. McComb, Chairman of the Trustee Board of Calvary Memorial Church, a Minnesota non profit corporation, on behalf of the non p fit co oration. ;' -___. •�� DENISE M. 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