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HomeMy WebLinkAboutResolution 2099 �� � � ��;::::.�: �. C�t� o� ORONO :, C�. . �:�:: . . � �t�+;,� • RESOLUTION �OF THE CITY COUNCIL � � NO. �2099 � � . ` � ' � • - ::-::�:.: . A RESOLDTION GRANTING VARIANCES TO MONICIPAL ZONING CODE SECTION 10.61, SIIBDIVISION 2 (A) & (C) FILE #1074 WHEREAS, Lowe11 Zitzloff, an authorized agent of the Grace Baptist Church located at 2380 Shadywood Road within the City of Orono (hereinafter the "City") and 1egaYly described as Lot 5, Block 3, . Townsite of Langdon Park and Lots 19, 20, 21 and 22 Wiley's Navarre Addition, Lake Minnetonka (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for�variances to Municipal Zoning Code Section 10.61, Subdivision 2 (A) & (C) to • permit the installation of a sign totaling 61.6 square feet of signage area where only 12 square feet is allowed and 10 feet in height where . only 8 feet is al�owed. NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono, � Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1074. � fi 2. The property is located in the LR-1C Lakeshore Residential Zoning District. 3. The Orono PYanning Commission revi�ewed this application on November 17, 1986, and recommended approval of variances for an amended sign plan based upon the following findings: A) The sign wi11 not interfere with the functioning of � traffic signals or signage nor pose hazards for users of public roadways. B) The church has had a sign in excess of required standards within the street yard for several years without any reports of probYems. . • C) The unique shape of the 1ot and the location of the church building in relation to the approved height and proposed location of the sign W�ii serve to lessen the impact of such structure. , ' Page 1 of 4 : � 1� �' C�t o� ORONO �r d � � ������ . .��. - �:� , . '`' RESOLUTION OF THE CITY COUNCIL ` ;;y, � . � /■/�������� � NO. 2099 � �_�S. W . . . . . ,��.:'.- • • . � . 4. The City CounciY has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and wel.fare 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 adverseYy 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 PYan of the City. CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City CounciY hereby grants variances to Municipal Zoning Code Section � 10.61, Subdivision 2 (A) & (C) to permit the installation of a sign to be placed 10 feet off the street right-of-way requiring a •signage area variance of 49.6 square feet or 413� and a height variance of 2 feet or 25�, subject to the following conditions: l. 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 Counci 1 approva 1, or thi s variance W�i 1 ex�ire on that date (December 8, 19 8 7). 2. . Violation of or non-compliance with any of the terms and • conditions of this variance sha�l constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shaY1 be punishable as a misdemeanor. • 3. Tlie undersigned authorized agent of the Grace Baptist Church has read, understood and hereby agrees to the terms of this resolution and on behaYf of the church its successors and assigns, hereby agrees to the recording of this resolution in the chain of titYe of the property. ' , u Page 2 of 4 . . - �,� > � � c�tY o� oR,oNo �n` '`� v a+,�,. . • ��� ,` � � `� RESOLUTION OF THE CITY COUNCIL � �•r��,,.�.:� NO. 2099 Yy • �'.K�. •.-...♦ .:�y .��K Adopted by the Orono City Council on this 8th day of December, 1986. ATT . , ' or thy M. 11in, City C�erk Mary C. B t er, ayor �'- GI��'+1 • 1 • � • . - - Page 3 of 4 , . . � ' ^ �; ' '�`'•sA,i 4 Y ,,. AJ�tY o� oRONo u-+ V , � • � a���s� r S "` ' - RESOLUTION OF THE CITY COUNCIL d�� NO. 2099 •�`• �;. •.-.: ..-...= STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) On t h i s o?.�r� d ay o f J 2 C-2 m lo e..s� , 19� . before me a Notary Public within and for said county, personaY�y appeared �tl. Gt�;ll�'a�-� K• �'1'1 u.Q.P��o� 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. /�.l'�cl�-��--�-�/�/� NOTARY PUBLIC �1���fINNF-.OTA . '�NEwoam,+wonN p°�e-�, • __ ��=9a MY COMMISSION EXPIRES STATE OF MINNESOTA ) ' , - )ss. _ _ - COUNTY OF HENNEPIN ) � On this �� day of , 198�, before me � . a Notary Public w�.thin and for said Cou ty, personally appeared known to me to be the person(s) described in d who executed the foregoing instrument, and acknowledged th t he (they) executed the same as his (their) free act and deed. � ,. ,, NOTARY PUBLIC �N�� .� �' M�oT� � ' couNnr ,�, 1�,.�.�.�.�«9-8-� y'_�-�qa . MY COMMISSION EXPIRES � Page 4 of 4