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Home My WebLink AboutResolution 4420 �,` : ;� �� O ' V • O O �b. - CITY of ORONO � ti � G'� RESOLUTION OF THE CITY COUNCIL �9kESI��4�' . , NO. � � � � :� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.61, SUBDIVISION 3 (A) FILE NO. #2530 WHEREAS, William W. Wear and Mable Wear (hereinafter "the applicants") are owners of the property located at 2160 Wayzata Boulevard within the City of Orono (hereinafter "the City") and legally described as follows: The West 200 feet of that part of the East Half of the Northwest Quarter of Section 34, Township 18, 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, 545.87 feet to the 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 minutes West from the actual point of beginning; thence North 2 degrees 19 minutes East, 232.24 feet to actual point of beginning, according to the Government Survey thereof. (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on�October 18, 1999 and November 15, 1999 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.61, Subdivision 3(A) and (D) to permit total signage on the property Page 1 of 7 � 2 t . .rt� , � �� p p I �'e, - �ITY of ORONO ,,,� Dv ti ti RESOLUTION OF THE CITY COUNCIL � ��9,kE Hp4�'G NO. � � 6.�. � I S . to be 380 s.f. where 200 s.f. is allowed for this property in the B-1 zoning district and to permit an encroachment of 6 feet into the front yard setback. This signage plan requires the following variances to the B-1 zoning district standards for signage. ; . j Section 10.61, Subdivision 3 (A) - Allowed area for signage in the B-1 district. �� ' Allowed = 200 s.f. I Proposed = 380 s.f. , ' Variance = 90% Section 10.61, Subdivision 3 (D) - Front yard setback for signs in the B-1 zoning district. - . Allowed = 10 feet � � Proposed = 4 feet � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, , , ` Minnesota: � ' � J � . FINDINGS � _ 1. This application was reviewed as Zoning File #2530. . I ' - 2. The property is located in the B-1 Business District. � 3. The Orono Planning Commission reviewed this application on November 15, 1999 and recommended approval on a vote of 6 to 0 for a variance based upon the following findings: ' A. The ,use of the property is more in conformance with that listed in the � ° "B-3" Shopping Center District. If the property is zoned B-3 the lot would be allowed 380 s.f. of sign space. A variance could be justified based on the use of the property is similar to that of a property in the B- 3 District. The Planning Commission noted in 1986 the applicable B-1 zoning standards are not compatible with existing shopping center use and since 1980 B-3 shopping standards were found more appropriate . when considering signage needs of the property. I . B. The Conoco station, as well as many other tenants, use an exterior � '� �` � . _� Page 2 of 7 � /�- � O� � O O 6. - . C ITY of ORONO � � . , �� G'ti RESOLUTION OF THE CITY COUNCIL L�kESI3�4�� NO. � � r�'� � 3. One west pylon shall be allowed six plaques 2.5' x 7.5' = 18.75�s.f. x 6 plaques = 112.5 s.f. one individual plaque is allowed per current tenant, limited to tenant's name or logo and one logo sign 5' x 7.5' 37.5 s.f. to identify the shopping mall, not to exceed 141 s.f. as exists the date of this resolution. 4. All signage for the property shall be in conformance with the conditions set forth in this resolution by Mazch 31, 2000. 5. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 14, 2001). 6. Violation of or non-compliance with any of the terms and conditions of this � variance 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 applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, ,their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. • . Page 5 of 7 . �_ � O� • O O ��b - . ciTY o� oRoNo � � '�' RESOLUTION OF THE CITY COUNCIL � ��kE o4�� rva 4 4 � 0 sx Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of February, 2000. ATTEST: . ` ` //�� v Linda S. Vee, City Clerk Gabriel Jabbour, Mayor i�� J � � � .� Property Owners � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of � February, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of � . Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��' MARY ANN JOHNSON NOTARY PUBLIC•MINNESOU NOt� PU 1C My Cortwnbsion Expi�,s Jan.31,2005 _� � .. • Page 6 of 7 � � °� • � � ��e. - C ITY of ORONO � ti � '� RESOLUTION OF THE CITY COUNCIL ��9,kE p4�'G � � NO. � � � � SII STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��h day of /-�-�,�; � ,200 6 before me allotary Public within and for said county, personally pa peared 1N,' (/; a w, vV. to(J e a t�, vna 2�;�e� known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their)free act and deed. �� '' MARY Af�N JO�iNSON ' NOTARY PUBLIC•�dINNESOTA NOt P lic ' � '.` .�, My Conxnisslon Expires Jan.31,2005 �' �_,.,c-. ..r • STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On this�day of T��'� ,200 o before me a Notary Public within and for said county, personally appeazed ��P( Vl� P Q 2 v� c� R.�� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Publ :,.a t MARY A�N JOHNSON NOTARY PUBLfC-MINNESOTA My ConunL�sbn Exp(res Jan.31,2005 _ _F�..r-�: • Page 7 of 7