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HomeMy WebLinkAboutReso 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 Documenf Total $46.00 Existing Certs 1413697 This cover sheet is now a permanent part of the recorded document. . � T ��N� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �. �`�q 4���� NO. � 7 � O kFSHo A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1466 AND 78-1468, FOR PROPERTY LOCATED AT 3333 SHORELINE DRIVE - FILE NO. 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 W�IEREAS,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: Al. 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. e �O�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�q 4��'� N�. � ! 1 O kEsxo 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: l. 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 confomiing 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. . �oNo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�'9 4tiG� No. b 7 1 0 kFSHO 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 pazcel 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. ' ��NO CITY OF O RONO RESOLUTION OF THE CITY COUNCIL �`�r� 4�,��� NO. � 7 � � XESHO 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 te�ninate 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. ATTE�':: i" _� '� � /iy►�' � ` , ' '�ane'riegs, City C k Lili Tod McMillan, Mayor Lunds Real Estate Holding, LLC �c?� �_�wL.- i���=�*����- Its STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 7�day of �4-�v�-% I 201,�by �c�sS �I ei�k I �di�h� /�f-vJ�cf �rCl�►i�ec� , , � � ``��;F�:�� Notary Public ��'�'��� RACHELDODGE ���"'j NCTARY PUBLfC-MINNESOTA 1..,�, �� M1�y i,ommission Expires Jan.31,1020 ���c - ..,�: , , ���0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y`�� ��,��� NO. � � � O k�sHo Exhibit A �����. a�s��i��rjoN: ; f'ar Ccrtificnta of Titic Na. 68417� ) Tract b, hiesgistercd Land Surway t�o. i422 Hennapin �ounty, #�innesu2a. 5u6jc�t to an �osomrnt in invor of thc City of 4rono for sewagc, water and drainagc purpoars o�ar #hc Soulherly 16 Eee# pf #he ltiest 30 fieet �sf the Nxth 13# feet af Lot 1, Bla�k 4, Tcwnsite of Lpn�dor Park (Now as t�i �art af ak�csve land}; SubJect to the undergro�nd uLHlty easement ond res#rictior► in #ovar of the City of ��ao ev�r the Nor#F� 3� fieet of the Wtst 10� #aet of the South 100 fe�t of the I�orth 23! 1�eet af Lot �, Bl�ek �, Townslte of Langdon PQrk o� cmntc�ined in Bonk 2423 of Dceds. pagt s38, Ddcume�t Na. 34495b8, �Novr e� ta �anrt af obdva lond); SubjCct to�t��e undergrr�rnd vtility� Casearitxit nnd re�tricti�n in #bvor of {he Ci}y af Ckona over thti Snuth 30 }eet of !he North 184 f�tt e►F tha! port of Lc# i, 61oek 4, Townsitc af Langdon Pork, e�r mena:�red at right nnglr.s ta �FEe Morkh line af aoid Lot 1 e�nd i4x Easttrly txttnsinn, os conteined in Boak 2423 r�f Deeds, ptigC 77�3 D�acument Na. 344957$ (Now fla t�o part �f abov�e I�nd}I Suajeat to tMe restrictive covienant in favpr qf the Shsli t?il Cornpany, o {7eloware Corparatian as �pntained in book 2823 af Deeds, p��s 4a4, D�oument 1Vc. 369134, as Eo obove part of Lot '1. Blaek 4, Taavnsite o� Longdon Park (Mow as tQ pvrt P� �PVB 1011d,; 'The boundory lines �f said land are rnprked 4y Judklal Lar.dmflrke �et purgyant to Torr�ns coee Nos 17{12?, 170T3. 17q7a, 17fl26 and 7�t369; STATE OF MINNESOTA ) ) ss 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) �tiu��� �=.. ,�� ��°�j�'r�1.. ,` � � i , 'S .•••.....�� �!. _ + �le \�, ��,��0, .Q� '�� ,. i , r �`i\ \� ga, lh ',.�a`��/ ��� Z.'t�.f ������1 t °�< %,b •-� \ , � �#'• !+ t� /'� •r�\��� , a�;°+� �i ���•9 w�`• `\ �.y;'��, �r';Y� /�,ut�� �y�e;. e, ����j},I,�� '4y� a�� > !/���d tf i '. 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