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Home My WebLink AboutResolution 3480 • • t• a w• 1 y. • 6369428 4, CITY of ORONO (O \. O , RESOLUTION OF THE CITY COUNCIL M(<i `) `:. �- • ti NO. �8 4 R 0 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.61, SUBDIVISION 2 FILE #1964 WHEREAS, Calvary Memorial Church (hereinafter "the applicant") is owner of the property located at 2420 Dunwoody Avenue within the City of Orono (hereinafter "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 applied to the City for a variance to Municipal Zoning Code Section 10.61, Subdivision 2 (A-3) to allow placement of a sign 48 s.f. in surface area where no sign is normally allowed to exceed 12 s.f. per surface, and to allow total site signage of 148 s.f. where the maximum allowed site signage would normally be 24 s.f., and a variance to Section 10.61, Subdivision 2 (C) to allow the height of the sign to be approximately 9' above grade where the maximum allowed height of any sign is normally 8' above the average grade level. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1964. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 19, t�°'� 1994 and recommended approval of the proposed variances based upon the following findings: TRANSFER ENTERED +ENNERN COUNTY TAXPAYER SERVICES Page 1 of 5 NOV 29 1994 H- "-"" .•UNT_Y MINN--__ 8Y ( 1'' DEPUTY \ Form 5005 Disk Orono 1,, 0 O . O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �,A ''rW' >. � NO. 3 4 0 1. N' 19 '';44 Iog�C 3H A. The proposed sign is a wall sign that will be illuminated by interior fluorescent tubes and in total is approximately 45 s.f., being approximately 8' wide and 8' high centered on a brick wall that is approximately 10-12' high. The brick wall faces Shoreline Drive, a highly traveled roadway which is commercial in nature. B. Total existing signage on the property is 103 s.f., and will increase to approximately 148 s.f. with the addition of the proposed sign. C. The proposed sign is intended to advertise the Calvary Memorial Christian School, a use of the property approved via the conditional use permit Resolution #886 adopted by the Orono City Council on March 16, 1978. D. Planning Commission accepts applicant's stated hardship that the 12 s.f. limitation per sign surface would allow signage insufficient for the existing church school use, and in the proposed wall location such a sign would not be easily seen nor read. E. The height of the sign is appropriate in the context of the wall on which it will be located. 4. The City Council 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 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 variance 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. Page 2 of 5 Form 5005 Disk Orono .r , rO, o.", O CITY of ORONO '= RESOLUTION ObT1F8CfY COUNCIL IA r'* A, NO. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.61, Subdivision 2 (A-3) to allow placement of a sign 45 s.f. in surface area where only a 12 s.f. individual sign surface area is allowed, and to allow total signage square footage of 148 s.f. on the property where only 24 s.f. of sign surface would normally be allowed, and granting a variance to Section 10.61, Subdivision 2 (C) to allow height of the sign to be approximately 9' where an 8' height above grade is normally allowed, subject to the following conditions: 1. The existing temporary banner sign advertising the church school shall be removed upon construction of the new sign. 2. Applicant shall obtain the appropriate building permit prior to placement of the sign. 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 date (October 10, 1995). 4. 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. 5. The undersigned applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of itself, its heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Form 5005 Disk Orono 1,, O N. O O CITY of ORONO ., , RESOLUTION OF THE CITY COUNCIL k :� c,, - �, NO. 3480 kEsBo Adopted by the Orono City Council on this 10th day of October, 1994. I / / / , i Dorothy M.a.1i in, Ci lerk Edward J. Call, an, Jr., Mayor 1 i , SIF Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of October, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .� ./ , (% Notary Public LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires 8-12-98 Page 4 of 5 Form 5005 Disk Orono ‘iik,--. o 4,. 0 CITY of ORONO *T, RESOLUTION OF THE CITY COUNCIL '` ✓ 1 "iti NO. 348 litEs8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / '7-L/) day of (' i k h r/ , 199 ` before me a Nota' Public within and for said county,personally appeared ('-l e ti rl N ; 19:( I,) s c t ‘`-"r t eLs/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. I A �// /I 'e: Y UDa s. P NN NOTARY PUBLIC NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 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 Page5of5 . F00115005 Disk Orono t RESOLUTION # 3 4 R, Q STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of soh esoluti in City the uMmu ncil hs of hon e proceedings of said City Council at a 19 9 4 meeting and thatthe same is a true and correct October 10 copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 11th , day of October , 19 94 Dorothy M. in, City Clerk '(SEAL) I d • 6.4° . . ... 6369428 55 B635942R .C:D $4.50 55 66:S6942R 00C $16.00 / I./ u• . : ,;-- :,, ', ;-, 4R / i I 1/34 NOV 23 4U: 53Z. , ,----. ., . , ,1i. ....,,,, ,...-_-_--7 O.RECORDER = _ _PFPrry 15— ----, COPY FEE....Z.-------- SKLIqf-MLS C6