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Home My WebLink About#6419-variances/CUP-2014 79s s (J a 4 J &/ /e 11111111011111111113111 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 ti�lq o'c` NO. 6419 kEsH 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-16 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 > 6419 NO. lkFSH00- 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 �oI0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. tr\11' 6 4 1 9 G1 ES 1-10 h. The Owner's request is in harmony with the purpose and intent of the ordinance. i. 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 AT\ till CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� G` N O. 6 4 1 9 kES H OR 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 B & 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: n I Rachel Dodge, City Clerk Lill od McMillan, Mayor Page 4 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL : . . .. ,,,LoAto, NO. 6419 kFSHov-` Property Owner's Representativ STATE OF MINNESOTA COUNTY OF HENNEPIN '�\ This instrument was acknowledged before me thisi day of A.,-.;17-)I , 2014 by 1 vim \ eA'sr.-CI C.'\,INr.``C,k‘V , its sJ a. C' � i�,a,k---,/ , on behalf of Orono School District, ISD 278. j LQ :f{ DIANE TURNBULL 3'^ Notary Public Notary Public '-,,,-i •- 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 5th 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 (SIGNATIGN SIGN GROUP 6840 Shingle Creakikwy. ." 48" Brooklyn Center,MN 5543( eler PHONE(763)561.1005 Jr 46" 11 FAX(763)541.1004 ,l 7011 NUMBER FABRICATED ALUM.CABINET W/ — ORONO .090 50/52 ALUM.SKIN, DATE < PM PM5. BLUE SATIN 05/12/14 DIGITAL PRINT ON CONTROL TAC W/LUSTER LAMINATE - �- ��0�s ART WORK TO BE PROVIDED SALES DOUG G DESIGN __ _ EVEAL PTD.PMS: RED W/SATIN FINISH JAMES C CLIENT EtE Orono FABRICATED ALUM.CABINET W/ ORONO PUBLIC SCHOOLS .090 50/52 ALUM.SKIN, iki I�T E R M E D 1 AT E WI PM5. BLUE W/80-0 WHITE REFLECTIVE VINYL FINISH. FILE SNO SD AS ORONO SCHOOL DISTRICT/ 0 05D DIRECTIONAL MONUME iO School RION A05/13/14 JAC __ ^/`\05/20/14 JAC 685 Old Crystal Bay Road N In OLE COVER REVEAL FTP. BLUE W/SATIN FINI5H. SIGN I.DATE HERE IF OK TO BEGIN PRODUCT R 4"X 1/4"ALUM.S.D.TUBE in III DIRECT EMBED INTO 12"DIA.CONCRETE. N SIGN&DATE HERE IF OK TO BEGIN PRODUCT AFTER REVISIONS ARE MAD SIDE VIEW I I x 12" AN drawings included on Mk I we owned and are properly: SIGNATION SIGN GROUP Al wdeen saes have precede (7) LAYOUT:D/F NON-ILLUMINATED MONUMENT,CITY;1 FONT:FUTURA MED GONDover aR ceded dimensions.SCALE:3/4"=T-O" Cl 3 N 0" C � = ($$16NArlO SIGN GROUP 6840 Shingle Creek Pkwy.#3 Brooklyn Cen€er.MN 55430 PHONE(763)561.1005 FAX(763)551.1004 10B NUMBER ORONO!/ ORONO �\ ij DATE // J��f ,1 1( 03/12/14 SCHC,ICCHC. FVC C!CC'/ s /� ° SALES / DOUG G DESIGN _ _ JAMES C OronoCLOT Orono Orono °R°"°PUBLIC SCHOOLS Schumann N MIDDLE FILE SAVED AS HIGH 1 1 ORON0SCHOOLDISTRIC1l Elementary 05DDIRECTITIONALMONUMEN School School REVITION S C h o o IA 05/13/14 JAC !`1 05/20/14 JAC 765 795 800 Old Crystal Bay Road Old Crystal Bay Road Old Crystal Bay Road SIGN&DATE HERE IF OK TO BEGIN PRODUCTIC SIGN&DATE HERE IF OK TO BEGIN PRODUCTIC AFTER REVISIONS ARE MADE X AI drawings Included on MO pc are owned and are properly of SIGNATION SIGN GROUP Al written skies Aare precedent over of scaled dimensions. 2 R a " as —.- SINWH��ondWI t33nts won AVB 1VJSAw aio • I I I II .y jCCTI g s xrnaano avow AV ivv�SA ID mo ! - Resolution � Iga€W ��® V1OS3NNIW'ONO2f0 d0 kLIJ § l l i U Exhibit C I aa13B 335 1 m I woo Imais m I \ MATO ' I 4 1 9 aaolu , I II '1., I M N § I it a S I Li ' N a 1 < ; KV 6 E I t I 1 - T c i \. 1 1 I LJ 11 c I W c it k‘ I sm ; U — 0 ,/x)-, M 1 I v 1- co ry CD O 1 .. 1 O x I 1 11 q Q CC w I In ,--i EI I a Q I I Q m 0 i -J 0 m 1 � Q U U �� ! KELLEY PKWY. t)//Eel.:7_,I I ti P g Q ; i ' a3 1 J Q I CC .i 1 1 1 1 o e- I1 O I I ' 1 /„ f 5 hh a n 1 i " i lib; : CSAH 112 s5 Di ,i o i Il * 11 thgl (WAYZATA BLVD) Ir. a � o s gg og 1\ 3 ' 1-151'5 IMIOI um 'rr I• - N n a n 7 r^ 130WV335l ou/SuI1.IO1AIR dV..1.01Nn110../.1p1®[{IWOwIO16n:.. 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 14th , 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. ` WITNESS my h officially as such City Clerk and the corporate seal of the City this j1-lay"of �o4, , 2014.fi t City Clerk t,y �—' //4;;,..p. l . iy'• a J ani!• � • .�