3.1. BASR 12-13-2005 - Laserfiche WebLink

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Hassan 101,LLC Request December 13,2005 Page 2 • PID number. It is physically separated from the main building center property by Railroad Drive. Staff Interpretation Staff is basing the decision that the pylon sign can not be constructed on Outlot A on the following: Section 30-1 defines an "Outlot" as a remnant from a subdivision that is not a developable piece of property unless replatted in accordance with city ordinances. Section 30-1 defines "development" as the act of building structures or installing site improvements. Section 30-1 defines "structures" as anything constructed or erected,the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. Based on the above definition of structure, a freestanding sign is considered a structure. Since a freestanding sign is considered a structure, and a structure is defined as a development, and an outlot is not developable,the applicant can not erect a freestanding sign on Outlot A,Hals Addition. Outlot A can not be platted as a lot because it does not comply with the dimensional requirements of the C3 zoning district. IIIIn addition, Section 30-859 of the Zoning Code "Prohibited Signs" includes off premise signs, other than billboards.The proposed pylon sign,if erected on Outlot A,would be considered an off premise sign and is therefore prohibited.The sign could not be considered a billboard because it would not comply with the applicable requirements irements that apply to billboards;the property is not adjacent to the right-of-way for Highway 169. Based on the above information,it is staff's interpretation that the applicant could not erect a sign for his rental business on Outlot A. The applicant will be in attendance at the Commission meeting to explain why they believe the sign should be allowed. III S:\PL.ANNING\Case Files\2005\V 05-05 Hassan 101,LLC\Appeal PC12-13.doc