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Home My WebLink About#6419-variances/CUP-2011 Alew Doc No A10127833 Certified, filed and/or recorded on Oct 14, 2014 2:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 97 Pkg ID 1164793M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 PID(s) 28-118-23-34-0003, 28-118-23-43-0010, 33-118-23-21-0001, 33-118-23-21-0002 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �G' NO. 64 19 KE s t-�o� A RESOLUTION GRANTING VARIANCES FROM SECTIONS 78-1466 and 78-1467 AND A CONDITIONAL USE PERMIT PURSUANT TO SECTION 78-418 FILE NO. 14-3673 WHEREAS, Orono Public School District ISD 278 (hereinafter "the Owner") is the owner of the property located at 685, 765, 795 & 800 Old Crystal Bay Road North (hereinafter the "Property") within the City of Orono (hereinafter the "City") and legally described as: Attached as Exhibit A. WHEREAS, the Owner has made application to the City for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-418 to allow the construction of four, 4-foot by 8-foot monument signs (hereinafter the "Signs") to identify each of the school buildings. Because school use is a conditional use in the RR-1B Zoning District and any changes to that use require CUP approval; and WHEREAS, the Owner has made application to the City for variances from Orono Municipal Zoning Code Section 78-1467 to permit four (4) individual Signs on the Property each with sign copy area exceeding 12 square feet in area where one individual monument sign with a maximum sign copy area of 12 square feet is permitted associated with a conditionally permitted use; and WHEREAS, the Owner has made application to the City for a variance from Orono Municipal Zoning Code Section 78-1466 to permit each of the four Signs to be constructed with painted aluminum material where materials similar in appearance to the principal structure consisting of brick, stucco, natural stone or other durable materials is required. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 16, 2014, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page 1 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 64 19 �kES H O� NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#14-3673. 2. The Planning Commission reviewed this application on June 16, 2014 and on a vote of 6 - 0 based on the following findings recommended approval of the variances and CUP: a. The Owner will apply for and receive the appropriate building permits prior to commencement of the installation of the Signs. b. Installation of the Signs will result in minimal grading or disturbance. c. The requested CUP to install the Signs is necessary to provide better identification of the individual school buildings on the campus. d. The location of the proposed Signs at 10 feet from the property line exceeds the R-District setback of 5 feet. e. The aluminum base material for the Signs will be painted in Orono School colors and will contain the school logo, building name and address. f. The signage size and number appears to be reasonable and consistent with similar institutional properties in the City and other schools in the greater community. g. The Owner's request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. There are no residential properties located off of Old Crystal Bay Road North between Wayzata Boulevard and Sixth Avenue North to be adversely affected by the visual impact of the signage material, size or number. Page 2 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL t9kES H O NO. 64 19 h. The Owner's request is in harmony with the purpose and intent of the ordinance. L The proposed Signs will offer a directional benefit to visitors of the school property. j. The Signs are not proposed to be illuminated. k. The Owner has demonstrated that enforcing the setback provisions of the Zoning Ordinance deprive the Owner of the reasonable use of the Property. 3. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owner and the public, and the effect of the proposed variances and CUP on the health, safety and welfare of the community. 4. The City Council finds that the conditions existing on the Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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 Owner, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Owners; 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 the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Section 78-418 to allow the construction of four, 4- foot by 8-foot Signs to identify each of the school buildings; variances from Orono Municipal Zoning Code Section 78-1467 to permit four (4) individual Signs on the Property each with sign copy area exceeding 12 square feet in area where one individual monument sign with a maximum sign copy area of 12 square feet is permitted associated with a conditionally permitted use; and a variance from Orono Municipal Zoning Code Section 78-1466 to permit each of the four Signs to be constructed with painted aluminum material where materials similar in appearance to the principal structure consisting of brick, stucco, natural stone or other durable materials is required; subject to the following conditions: Page 3 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �let No. 64 19 gkESH0 � 1. Council approval is based on the signage plan and site plan submitted by the Owner and annotated by City Staff, attached to this Resolution as Exhibits 6 & C. Any changes or amendments to the plans may require further Planning Commission and City Council review. 2. The Owner shall apply for and receive the appropriate building permits prior to commencement of construction of the Signs. 3. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining the appropriate building permits for the Signs. 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 Owner has read, understands, and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's 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 14h day of July, 2014. ATTEST: f� Rachel Dodge, City Clerk 4L�iilio'd .c.fflan, Mayo Page 4 of 5 �°moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti G NO. 6419 Property Owner's Representativ STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thisi3 day of L,C " , 2014 by , its �{w2, �� ► �, �i , on behalf of Orono School District, ISD 278. DIANE TURNBULL Notary Public Notary Public Minnesota My Commission Expires January 31,2015 Page 5 of 5 Resolution 6419 Exhibit A Legal Description 685 Old Crystal Bay Road North (PID 33-118-23-21-0002) The South 940 feet of Lot 1, Section 33, Township 118, Range 23, all according to the U.S. Government survey thereof; subject, however, to the right of the public to use all public roads thereon and to any and all easements granted heretofore for public highways or roads or the maintenance of snow fences. 765 Old Crystal Bay Road North (PID 33-118-23-21-0001) All of Lot One, except the South 940 feet thereof, in Section 33, Township 118 North, Range 23, West of the 5t' Principal Meridian, all according to the U.S. Government Survey thereof; subject, however, to the right of the public to use all roads thereon and to any and all easements granted heretofore for public highways or roads or the maintenance of snow fences. 795 Old Crystal Bay Road North (PID 28-118-23-34-0003) The Southeast quarter of the Southwest quarter of Section 28, Township 118, Range 23, except the North 66 feet of the West 66 feet thereof, subject to the right of the public to use all public roads thereon. 800 Old Crystal Bay Road North (PID 28-118-23-43-0010) Lot 1, Block 1; Lot 2, Block 1; Lot 1, Block 2; Lot 2, Block 2 and Outlot A, Orono School Expansion, according to the plat thereof recorded in the office of the County Recorder. All in Hennepin County, Minnesota SIGN GROUP 6840 Shingle Creek Pkwy.l 9. 48" Brooklyn Center,MN 55430 PHONE(763)561.1005 46" 1" FAX 1763)S4 1-1004 108 NUMBER ORICATED ALUM. Nt7 W/ ORONO .090 50/62 ALUM.SKIN DATE PTD.PMS. BLUE W/SATIN FINISH. 05/12/14. N DIGITAL PRINT ON CONTROL TAC W/LUSTER LAMINATE ART WORK TO BE PROVIDED SALES DOUG G DESIGN EVEAL PTD.PMS: RED W/SATIN FINISH JAMES C CLIENT ORONO PUBLIC SCHOOLS Orono FABRICATED ALUM.CABINET W/ .090 50/52 ALUM.SKIN. PTD.PMS. BLUE W/SATIN FINISH. FRE SAVED AS INTERMEDIATE W/260-10 WHITE REFLECTIVE VINYL. ORONO SCHOOL DISTRICT/ 4 050 DIRECTIONAL MONUME Sch1' ' ON 1 05/13/14 JAC 22 05/20/14 JAC 1 1 it X111 POLE COVER REVEAL PTD. BLUE W/SATIN FINISH. SIGN&DATE HERE IF OR TO BEGIN PRODUCTI x 4'X 1/4'ALUM.S.Q.TUBE DIRECT EMBED INTO 12'DIA.CONCRETE. SIGN 6 DATE HERE IF OR TO BEGIN PRODUCTI AFTER REVISIONS ARE MAD IDE VI J x 12" AS drawbigs Insladed an Bds p are owned and are property a SIGNAMON SIGN GROUP All wrMen dm here precede 1 LAYOUT:D/F NON-ILLUMINATED MONUMENT.QTY;I FONT:FUTUKA MED COND over all scaled dlmemiom. 1 SCALE.-3/4".1'-0" (17 3 N IScra cq o� ba ox tz c\ `aW aW� � oz.co ry c VV l7 N d GNW to Ln 0m 0 N==^ = N mU' t1 W O moo _ O O .e0 co= a� ao "' a Wog Woo Qaa �Y �x� ap�Ta/ �� mow 0 p0 0 0 vo moo Un0 �n0a a `oNao OZ�7:moo O � � O C>O 4w dID O _ O 4w • _ O • BFL6DIW.152-102-015 -- (OIDpIYSTALBAYRpAD A35 NlBRway 36V STA.U76_]6 COItiIR11g101115N19 . OLD C;YSTAL BAY RD 6L PSA MN 5511' Dass NG - PN:661L]6JfiW � ' BIff1f OF WAY 3 FP.:fi51a16-1311 B .. ANTEC IDR M M 4L 4 y, MATCH E]OS71N4VALVE _vamms RIGIIT DF WAY �. �� PATO)DOSTD70 Y1L BOIf 7D BE IMTCH E)OSIDlG / 6ODB@A116 OR1VlM51Y. (RAVEL SHOULDER tEa! 1 AD16I®BY OWNER PAVElBIf.MILL (TYPI •L. ow.) ]oBrr cIYP1 - S 1� i D N i `\ O BUUMINOUS OVERLAY 1 H— IW nt.i®1 I OLD CRYSTAL BAY ROAD: 1+00 - 14+50 0 3 W ; zo zo _ U z � p PNTOI A7�i11B - MV@Bli.1�1 —OOMKM OF WAY LL � a = 30°f`crm OLD CRYSTAL BAY RD / O " t; o L � 9 ji MATIl DASaSTING MIUMm3ORIS DRIVEWAY. GRAVEL SHDULM wR - MIlL IODO'(TWI (IYP) M Nores, (� 1. ALL DIMENSIONS ME TO EDGE OF PAVEMENT UNIF55 NOTED OTHERWISE 2. JOINTS SHALL BE MILLED AT[NTERSECTING STREETS ANDDRIVE Y "PLY ST UMINDIOVIDE ASMOO URSE P SDION. 5 ]. APPLY BRUMDIWS LEVELING COU0.5E PRIOR TO BTNNINOIK � BRUMIHOUS OVERLAY OVERLAY AS DIRECTED IN THE EDLD BY PROKU REP RESENTAT— 3673<. J PATa GRAVEL SHOULDER AS NEOESSAAY TO BRING LEVK Z NTTHBTr INOUSROAOWAY. 5. ALL VALVE"ADIUSTHENTS TO BE DONE BY OTHERS pppT (O OFDRONOALLCOOROINATEVIIER"TBONOWNERS OLD CRYSTAL BAY ROAD: 14+50 - 28+50 w'�EcEr�en p "� i (CfITOF ORONOAND OORDIPOBITENERGY)TOENSURE •+ •.�. E� VALVE BONES ARE ADJUSTED PRIOR TO BOIWINUA OJEAAY. S.A.P. 152-102-016 C6.01 m CD .tomx o �O 00 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 July 14t` , 2014, with the original thereof on file in my Q�ffice, and the same is a correct transcription thereof. 'W3TNESSmy h d officially as such City Clerk and the corporate seal of the jXity-this Vay-�of , 2014. City Clerk +d