7.1. SR 08-19-2013 - Laserfiche WebLink

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Facts to Consider Definitions per Elk River Minnesota Code; Current Version as adopted December 16th, 2002 Article 1. Sec. 30-1 - Definitions Sign, freestanding, means any sign not attached to a principal or accessory building. Sign, monument, means a freestanding sign supported by an internal structural framework covered by solid structural feature such that the support structure is not visible. The solid structural feature shall be at least 75 percent of the sign width. Elk River City Code clearly defines Monument and Freestanding signs as two entirely different structures. Within these definitions, it clearly states a Monument sign is a sub-type under the larger Freestanding sign group, therefore making the heading of Freestanding inclusive of the sub-type Monument. City staff asserts that the inverse is also true,that the sub-type Monument is inclusive of the group Freestanding. This assertion by city staff is based on faulty, unsound, deductive logic. If the city staff's conclusion were factual, there would cease to be reason in defining the structures separately, as they would be interchangeable and therefore definable under one universal term. In Subdivision II. Sec. 30-859. — Prohibited Signs, there is no reference to the Freestanding sign group in its entirety. In Subdivision II. Sec. 30-872. — DD Downtown District sub-section (b), there is no reference to the Freestanding sign group in its entirety. Number (12) of sub-section (b) does specifically disallow the sub-type Monument sign; however it does not disallow any other form of the Freestanding sign group. As you can see, Monument signs specifically, and the four other sign types specified under Subdivision II. Sec. 30-872. Sub-section (b) Number (1) are the only sign types prohibited in the DD. The sign group defined as Freestanding signs, are nowhere collectively prohibited and therefore allowed assuming they are not of the Monument sub-type, or any other prohibited sub-type. Decklan Group therefore respectfully requests that the Board of Adjustments overturn city staff's denial of our sign permit application and grant the permit with the contingency of the necessary Conditional Use Permit required for the size of the proposed electronic message board. Notables: There are currently no less than nine monument signs in the DD, and an additional six freestanding signs. ranite. Shores- . . o ecisl