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Home My WebLink About#5292-variances/CUP-2005 r O ® O �.. CITY of ORONO i � G RESOLUTION OF THE CITY COUNCIL S80 NO. (," p A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1467(1)(C) AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418(1) FILE NO. 05-3072 WHEREAS, Orono Public Schools #278, a Minnesota public corporation represented by Neal J. Lawson, Assistant Superintendent for Business (hereinafter "the applicant") is the owner of the property located at 685 Old Crystal Bay Road North within the City of Orono (hereinafter the"City") and legally described as follows: The south 940 feet of Government Lot 1, Section 33, Township 118, Range 23, also known as PID 33-118-23-21-0002,Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1467(i)(c) to allow signage greater than 12 square feet as permitted within Residential Districts; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 (1) in order to construct a campus monument sign with a static electronic readerboard on school district property within a Residential District. NOW, THEREFORE BE RT RESOLVED by the City Council of Orono, Minnesota: F ENDINGS 1. This application was reviewed as Zoning File 405-3072. The property is located in the RR-13, One Family Rural .Residentiai Zoning District which requires a minimum lot area or 2 acres and a minimum lot width of 200', Palle 1 of 7 r CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`gkESYi0g�G NO. , 3. The Planning Commission reviewed this application at a public hearing held on January 18, 2005 and recommended approval of the sign size variance based on the following findings: a. The property is 39.8 acres in area and has frontage along Highway 12 and Old Crystal Bay Road North. b. The current Orono Zoning Code does not have sign standards for institutional uses allowed conditionally within Residential Districts. Within Residential Districts a nameplate sign with a maximum of 12 s.f. is permitted. c. The new campus monument sign and static electronic readerboard should reduce or eliminate the need for temporary signage on the property. 4. The Planning Commission reviewed this application at a public hearing held on January 18, 2005 and recommended approval of the conditional use permit for a campus monument sign based on the following findings: a.' The existing monument sign is outdated, smaller and poorly located on the property; the new monument sign will be modern, larger and easier to read from the intersection. b. The existing monument sign contains a manually changeable readerboard which is difficult to maintain; the new sign will contain an electronically changeable readerboard which is not proposed to flash. A flashing sign is not permitted. c. The new campus monument sign will conform to Zoning Code Section 78-1466(11) regarding monument signs, and will not have total a sign face area greater than 56 s.f. 5. The City Council makes the following additional findings: a. A 1' x 8' panel on the new campus monument sign has been dedicated for school sponsor recognition. This panel will be constructed of the same material as the school name plate panel. The Council does not intend that this panel be used as a commercial billboard for Page 2 of 7 1` 9 y+ J CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ESi'10 NO. ' advertising, but merely as recognition for the school sponsor or supporters. .b. The Council finds that the sponsor panel element of the proposed monument sign is appropriate for this site only because it will have the following characteristics which support its approval: i. The main purpose of the monument sign is to show the location of the governmental jurisdiction's facilities. ii. The sponsor panel is a minor element of a monument sign showing the location of a governmental jurisdiction's facilities. iii. The sign is located on the property of a governmental jurisdiction. iv. The sponsor panel is only 12 inches in height and 96 inches in length. v. The sponsor panel will be located under the main portion of the sign, and the bottom of the panel will not be more than 24 inches above the ground. vi. The language of the sponsor panel indicates support for the governmental jurisdiction as follows: ["donor name" supports the "governmental jurisdiction name"]. vii. The sign is located in compliance with the setbacks established within the Orono Sign Code and will have no negative visual impacts because of its size and because it is located approximately 65' from the traveled roadway of Highway 12. viii. The applicant will allow the City to reconsider the sponsor panel element of the CUP approval should the sponsor panel become inconsistent with subsequent City Code revisions. c. Council review of future changes or updates to the new campus monument sign panels will not be necessary unless City staff determine they do not meet the intent of this Resolution. Page 3 of 7 Y ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SiI�4�G NO. 5 �^ d. The new monument sign with static readerboard should reduce or eliminate the need for temporary signage. 6. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 7. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1467(1)(c) to allow a 56 s.f. sign where a maximum 12 s.f. sign is normally allowed and a conditional use permit for a new campus monument sign with static electronic readerboard to be constructed for the Orono Public School an institutional use allowed conditionally within the RR-1B Residential Zoning District, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Subsequent changes or updates to the new campus monument sign panels shall be reviewed administratively by Planning Staff. Planning staff may require Council review of changes if they do not meet the intent of this Resolution. 3. The school shall obtain City sign permits for any temporary signage needed in the future. Page 4 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL G 0 NO. 4. Removal of the existing sign is required and its removal shall be completed upon commencement of the use of the new sign. 5. The applicant specifically agrees that if subsequent City Ordinances make the sponsor panel element of the monument sign non-conforming, the City shall have the right to require its revision or removal to conform with such ordinances. 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (March 14, 2006). 7. 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. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 14`h day of March, 2005. Page 5 of 7 A"ITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��`9kESi'iog�G NO. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property O �r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ;'.V day of 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i KRISTI Q.ANDENotary Public NOTARY PUBLIC-MINNESOTf- My Commission Expires Jan.31.2'�C %}ti STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ,-"- day of f`j'-=' :- 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE Notary Public NOTARY PUBLIC-MINNESOTA 1, My Commission Expires Jan.31,2010 Page 6 of 7 a ITY of ORONO h ti RESOLUTION OF THE CITY COUNCI L G �SH0 NO STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this (5 day of 2005 by Neal J. Lawson, Assistant Superintendent for Business, on behalf of the Orono Public School#278, a Minnesota public corporation. DENISE M. LESKINEN . NOTARY PUBLIC-MINNESOTA Notary Public ;,;:' My Commission Expires Jan.31,2010 Page7of7 LOT PLANT SCHEDULE sYmtmL"mmaa ruttae "B SA BWE FQWST AWER Jwi eeL',m9An FX" S 27 &S8 e vI` TEL.PE 6 •. L, t? stnual�nus---DaE fu t Itl.',J ,n - C:': 3`o,E Fn 8 laes•: e � �S N� i� , G12' �S d s�^h3 I— �' t�• F-, PROPERTY LINE /j ac Iac�'A u,• J nn DENC11 HARI, w $ TOP D.r SPINE < t FT- PROPOSED CAMPUS SIGN T_PROPOSEOCAMPU551GPI � Y�}•; a '` a IO2�S.n n� APPROXIMATE LOC NTION FOR PROPOSED UNDERGROUND d%' ?CS EIECTRI SERvtcE -.•- `'.�Q � ��- a"i mO TREE MPI / R• o x• � J 4J i 3 d. 0 10241.1 / �� , L oti QG J PROPERTY LINE m i g C7 v y X 1620 a�' eddOStaPE HARDWOOD MULCH l H _ TIKSEP.S Z�`F,' o ' W 1525A. 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