HomeMy WebLinkAboutResolution 3584 .�, �t�
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'�' ` RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONII�TG CODE
SECTION 10.61, SUBDIVISION Z (A-3) AND (C)
FILE NO. 2026
� �VHEREAS, New Horizon Child Care (hereinafter "the applicant") is the owner
of the property located at 875 Wayzata Boulevard within the City of Orono and legally described
as follows:
refer to Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.61, Subdivision 2 (A-3) and (C) to permit the installation of signage
proposed at 50 s.f. where only 12 s.f. is allowed; for a signage area variance of 38 s.f. or 316%
and for an entry pylon that is proposed at 13' 8" where only an 8' height is allowed requiring
• a 5' 8" or 72.5% height variance.
� NOW, THEREFORE, BE IT RESOLVED by the City Council of Oron�,
Minnesota: �
FINDINGS
1. This application was reviewed as Zoning File #2026.
2. The property is located in the RR-1B Rural Residential Zoning District requiring
two acres in area. The property consists of 7+ acres.
3. The Orono Planning Commission reviewed this variance application on June 19,
1995 and July 17, 1995 and recommended approval of the variances as amended
based upon the followin� unique findings and hardships:
A. � The severe sloping topojraphy adjacent to the road right-of-way presents
a special need for additional height in signage alerting oncoming traffic of
entrance to day care facility.
B. Speed of traffic alon� this section of Highway 12 does not follow the 45
m.p.h. speed limit. There is a need to provide a quick warnin� for
• oncoming east and west traffic of location of day care entrance.
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C. The unique location of entrance to facility with entrance located to the far
east of the properry and the day care located to the far west.
D. The curvature in the road presents special signage height needs to warn
oncoming traffic of entrance location.
4. �The City Council fmds 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 difficulty; 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.
• 5. The City Council has considered this application including the findings and
recominendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
� CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.61, Subdivision 2 (A-3) and (C) to permit
new signage on the property consisting of a two-sided 4' x 4' entry pylon sign to be installed
at a 13' 8" height and a single-sided illuminated sign at 4' 2'/z" x 4' 2'/z" to be attached to the
structure at the north side and an illuminated apron at the entrance side of the facility, subject
to the following conditions:
l. The entrance apron and single-sided building sign shall be illuminated only during
the hours when facility�is open for use.
2. Applicant's signage contractor shall met with Bill Warden of the Minnesota
Department of Transportation in order to conf'irm exact location of HiQhway 12
right-of-way and to ensure minimum 5' setback would be maintained.
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3. Authorities granted by this variance run with the property not with the applicant,
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 �ate (July 24, 1996).
4. 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.
5. The undersigned applicant and authorized representative of New Horizon Child
� Care has read, understood and hereby agrees to the terms of this resolution and
on behalf of New Horizon Child Care, its successors and assigns, hereby agrees
to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
• held on the 24th day oi 3uly, 1995. '
A T:
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orothy M. a m, City Clerk ward J. Calla n, Jr., Mayor
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Property.Owner (s)
,
er�tati�e-of�
New Horizon Child Care ,
STATE OF MINNESOTA j ,
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledQed before me on this 24th day of July,
1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
� City. . •
...._.. �/.� ����
• .� LINDAS.VEE Nota Public
d^' `` � NOTARY PU81MC-MINNESOTA
' • ' HENNEPIN COUNTY
'•.���•r My Commission Expires Jan.31,2000
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'�' RESOLUTION OF THE CITY COUNCIL
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- STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 7�' day of �t,c4 t,c.5�- , 199,S , before me a Notary
Public within and for said Count��, perso lly appeared s'u e ���N K f v Pres%��eh-� o� ew�✓o�.za''
known to me to be the person(s) described in and who executed the oregoing instrument, and ���
acknowledged�that he (they) executed the same as his (their) free act and deed.
LINDA S.VEE ''�`"� � U'�J
�����: ' NOTARYPUBLtC-MINNES07A Nota Public
•� • . HENNEPIN COiJNTY
"•,�.• My Canmission Expires Jan.31,2000
STATE OF MINNESOTA ) �
) ss.
• COUNTY OF HENNEPIN )
On this day of , 199 , before me a Notary Public
within and for said County,personally appeared
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 Public
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�,EGAL DESCI�PTYDN aF LEAS�� P�I��I�S�S
k'axc�l No. ]. -- Prt�perty Zden�ifica��on 2do. 35-1.1$--23 44 o0q5
� � property Addze�s: 875 Wayzat�a Boulevard Wes�
Legal Description:
Tha� pazt of the 5outhea�t lJ4 pf t11e S�utheas�
1/� of sec�i.oh 35, Tawnsh�.p 118 Nor�hj Rarigb 2�
West of the 5�h Pr�.ncip�l Meridi�n describe3 as
f01].4W6:
Beginni.ng at a point bn thr� West lin� n� sa1.d
Southeast 1/� of th� 5autheast 1/4, 29 . 7 feet
North of the North�a�te�cly l�ne �� th� right d�
way of the Gr�at Northern Rai.�.way Company; thencc�
ridrtt� along the 6�Ies� ].in� af saic� Sautheast 1/�k �f
southeast 1/4 to �.he Sou�.h lzne af the right of
way of the �l�ctXic Short Line Rzsilway Campany;
thence Ea�t�rly along the �ou�h 1in� of ��.id
• EJ.ectric short Line Railway Company to th� ,
Southwesterly line of State Hwy. 12 , form�X�.Y No.
10; thance� �outheaste�ly al.ong �aid Southwe�tq�lY
�].n� of sa�.d Highway �o � pdint distant 385 ��et
measured at. righ� �ngles fra� the South l:tne. o�
� S�.Gtion 3�; thence Wes�erly paxal��� with and
distant 335 fe�t me�suxed at �i.ght angles �Yam the
� South line of said Section �5, a distance of
z011. 05 feet to th� paint of b�ginn�.ng. Exc�epting
theref�am that part o� the above �.escribetl
propertY as is contained in bc�cum�nt rto. 39G4258
Hennepin �'oun�y R�cord�r� Of�i.a�.
P�rc�l. No. 2 �- �x'operty zdentification No. 35--118�23 43 0003
l�ropex'ty Add�ess: �ddx'e�s un�.ssigned
L�gal D�scription:
A11 that part of the 5outhwest �./4 af the
Sauth�3st 1 j4 of Sect�.on 35, Tawnshzp 11.8, Rang�
23 ly�ng South of t2�e 5outhea���z7.�r r�ght af way
l.ir�� o� the E].ectri�c short L�ne Railwtly company
and Nor�heastez�,y of th� rrortheast�rly r��ht Qf
way �ine a� �Ghs Gx'eat Nor�hern Ra.ilWay Company.
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