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<br />Hassan 101, ILC Request <br />December 13, 2005 <br /> <br />Page 2 <br /> <br />PID number. It is physically separated from the main building center property by Railroad <br />Drive. <br /> <br />Staff Interpretation <br /> <br />Staff is basing the decision that the pylon sign can not be constructed on Outlot A on the <br />following: <br /> <br />Section 30-1 defines an "Outlot" as a remnant from a subdivision that is not a <br />developable piece of property unless replatted in accordance with city ordinances. <br /> <br />Section 30-1 defines "development" as the act of building structures or installing site <br />improvements. <br /> <br />Section 30-1 defines "structures" as anything constructed or erected, the use of <br />which requires more or less permanent location on the ground or attachment to <br />something having a permanent location on the ground. <br /> <br />Based on the above definition of structure, a freestanding sign is considered a structure. <br />Since a freestanding sign is considered a structure, and a structure is defined as a <br />development, and an outlot is not developable, the applicant can not erect a freestanding <br />sign on Outlot A, Hals Addition. Outlot A can not be platted as a lot because it does not <br />comply with the dimensional requirements of the C3 zoning district. <br /> <br />In addition, Section 30-859 of the Zoning Code "Prohibited Signs" includes off premise <br />signs, other than billboards. The proposed pylon sign, if erected on Outlot A, would be <br />considered all off premise sign and is therefore prohibited. The sign could not be considered <br />a billboard because it would not comply with the applicable requirements that apply to <br />billboards; the property is not adjacent to the right-of-way for Highway 169. <br /> <br />Based on the above information, it is staffs interpretation that the applicant could not erect <br />a sign for his rental business on Outlot A. <br /> <br />Board of Adjustment Meeting <br /> <br />Discussion <br /> <br />At the Board of Adjustment meeting held on December 13th, no one spoke at the public <br />hearing. The applicant explained his reasoning regarding the use of the outlot for a <br />freestanding sign. He believes that since the parcel had been used as part of the lumber yard <br />operation for outdoor storage, he should also be able to use it as part of his business <br />operation. Instead of using it for outdoor storage he would like to use it as a site for his <br />freestanding sign. <br /> <br />The Board discussed the applicant's line of reasoning regarding the sign and also discussed <br />the non-conforming use regulations. A non-conforming use can be continued as long as it <br /> <br />S:\pLANNING\Case Files\200S\ V 05-05 Hassan 101, LLC\Appeal CC12-19.doc <br />