HomeMy WebLinkAboutResolution 6710 Doc No T05439619
Certified, filed and/or recorded on
Apr 27, 2017 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1541009M
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1413697
This cover sheet is now a permanent part of the recorded document.
���0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION
GRANTING VARIANCES TO
MUNICIPAL ZONING CODE SECTIONS 78-1466 AND 78-1468,
FOR PROPERTY LOCATED AT 3333 SHORELINE DRIVE
- FILE N0. 16-3879.
WHEREAS,Lunds Real Estate Holdings, LLC(hereinafter the"Owner")owns the
property located at 3333 Shoreline Drive within the City of Orono(hereinafter the"City")and legally
described in attached Exhibit A.:
WHEREAS,the Owner on October 21, 2016 made a complete application to the
City for variances to Orono Municipal Zoning Code Section 78-1466 in order to allow the
construction of modified Monument sign 18.1 feet where 10 feet is the maximum, and, Section
78-1468 to permit a signer closer than 10 feet to the property line; and
WHEREAS,on November 21,2016 after published and mailed notice in accordance
with Minnesota Statutes and the City Code,the Orono Planning Commission held a public hearing,
at which time all persons desiring to be heard concerning this application were given the
opportunity to speak thereon; and
WHEREAS, on November 21, 2016, the Planning Commission on a vote of 6-0
recommended approval of the variances as presented; and
WHEREAS, on December 12, 2016, the Orono City Council reviewed the
application and the recommendations of the Planning Commission and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the following
findings of fact concerning this property:
FINDINGS OF FACT:
A1. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above mentioned meetings, and any and all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located within the B-3 zoning district.
A3. The Property is 2.34 acres in area and has over 875 feet of frontage on public streets. The
Property is considered as legally conforming with regard to lot area and lot width.
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RESOLUTION OF THE CITY COUNCIL
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A4. The Property is located within Storm Water Overlay District Tier 3 which allows 35%
hardcover. The existing developed commercial grocery store has 2.04 acres of hardcover,
including the parking lot, drives, and commercial building, a ratio of 87%.
A5. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
VARIANCE ANALYSIS:
According to MN §462.537 Subd. 6(2)variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
applicable regulation provides for commercial signage in a manner that does not impact
the traveling public due to hindered visibility and visual clutter. Further, the ordinance
intends on improving the streetscape by requiring more stable, architecturally significant
monument signs in lieu of pylon signs. The variances,if granted,would protect visibility
while providing signage similar to monument signs.
2. The variance is consistent with the comprehensive plan. The Comprehensive Plan
identifies the subject parcel as commercial, the proposed signage supports and is
consistent with the intended use.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; the use of the property is the supermarket.
Freestanding signage is a normal and expected accessory structure in commercial
settings. The proposed signage, to be located in a conforming location, would
require the removal of several parking spaces, increasing hard cover, and
expanding the commercial area to the south, toward the residential neighborhood.
b. There are circumstances unique to the property not created by the landowner; the
lot was developed in the 1970s, and has been a grocery store for many decades.
The siting of the building and the parking lot was established by previous
developers. Further, a portion of the county right of way juts into the property, to
facilitate traffic control mechanisms. This encroachment effectively takes parking
stalls away from the property owner, and eliminates normal locates for
freestanding signage; and
c. The variance will not alter the essential character of the locality. Recognizing that
signage is a normal improvement in a commercial setting, the proposed signage is
intended to compliment the improvements being made on the principal structure
while maintaining site visibility at the intersection.
�'��O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property.The jutting of the County's right of way into
the subject parcel is unique to this property. This does not appear to occur in other lighted
intersections in the city.
5. The conditions do not apply generally to other land or structures in the district in which
the land is located. The development of the property pre ordinance, the impact of
expansions of County Roads 15 and 19 over the years, and the lot line configuration to
accommodate traffic controls are unique to the subject parcel.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances allow for the placement of a
sign at a logical location given the constraints of the property due to development
patterns, access, and adjacent streets. Signage for commercial property is a right given
to all commercial businesses.
7. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals,or in any other respect be contrary to the intent of this chapter. There has been
no evidence to suggest that the variances would impact the health, safety, and comfort of
adjacent parcels or the city at large. The applicant has proposed a two legged sign with
an elevated message to preserve site visibility in the area.
8. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. Placement of a sign in a conforming
location and a conforming style would require complete overhaul/ expansion of the
parking lot,which would introduce other issues with the parking lot,including hardcover,
stormwater control, access, and lot size.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Orono Municipal Zoning Code Section 78-1466 and 78-1468 in order to allow the
construction of a new modified monument sign 18.1 feet in height setback 0.0 feet from the
property line, subject to the following conditions:
1. Council approval is based on the survey/site plan and building plans submitted by the
Owners and annotated by City staff, attached to this Resolution as Exhibit B. Any
amendments to the approved survey/site plan and signs plans which are not in conformity
with City codes will require further Planning Commission and City Council review.
2. Owners shall comply with the permitting requirements of the Minnehaha Creek
Watershed District.
���0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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3. Authorities granted by this resolution run with the Property not with the Owners, but are
permissive only and must be exercised by obtaining a building permit for the project and
commencing construction of said project within one year of the date of Council approval,
or the variances will expire on that date (December 12, 2017).
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 Owners have read, understand and hereby agree to the terms of this
resolution and on behalf of the Owners and the Owners' heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the Property.
Adopted by the Orono City Council on the 12th day of December, 2016.
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L�_ane Tiegs, Cit�C�rk Lili Tod McMillan, Mayor
Lunds Real Estate Holding, LLC
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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�'��O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y�' �`� NO. � � � 0
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Exhibit A
LEGAL DESCRIPTION:C ,
� Per Certificate ot Title No. 684125 )
Tract d, Registered Land Surv�ey No. 1422 Hennepin County, Alinnesota.
Subject tc an easernent in tavor of the City at Orono for sewage, water and drainaqe purposes over the
Southerly 1$ (�eet of #he West 30 fieet of the Nprth 13� fieet of Lot 1, Blpck 4, Tp�msite pf Longdon Pork (Naw
as to part of above land);
SubJect to #he under�rcund ut�lty eosement ctnd restrlctlon fi fav�r of the Clty of Orano over the North 30 feet
of tha West 100 feet of the South 100 feet of ths Ncrth 234 fieet of Lot 1, Blxk 4, Townsite oi Lanqdon Park
os untained in Book 2423 of Deeda, poge f 38, Document No. 3449568. (Norr os to port o# cbo+Ne land};
Subject k4�the undargraund ut�ity �osement and restriction in favor af the City af Orono over the South 30 f<est
of tht Norlh 16# feet of 4hnk port of Lot 1, �lock 4, Townsite of Langdon Pork, oa meosured ot righ4 onglea #o
4he Ncrth i'me of soid Lot 1 ond ita Eas4erly txkertsion, oa contoined in Book 2423 of Deads, poga t70 Documen!
No. 3449578 (Nar oe ta part of abova lund);
Subject to the restrictiva covenant in tnwx of tho Shell Ol Cornpany 9 OeIpMrOfO Corporatian os contuined in
Book 2623 0# Daeds, page �54, Qacumen# No. 369134, as to above part of lot 1, Block 4, Towraaite of Langdon
P�k (Now as to pvrk of cbov�o land};
'ihe baundory knes of soid lond are mcrked by JudiClal Landmark� set purauan# to Torrens caee Nos 17022,
1707.3. 17�24. 1�026 and 77'p65;
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on December 12, 2016 with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 10�' day of April, 2017.
a Carlson, City Clerk
(seal)