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<br />City Council :Minutes <br />December 19, 2005 <br /> <br />Page 6 <br /> <br />REQUIRED BY THE CITY ORDINANCE AND LAND USE <br />APPLICATION PRIOR TO RECORDING OF THE PLAT. <br /> <br />4. A SEAL COAT FEE SHALL BE PAID, AT THE RATE APPLICABLE AT <br />THE TIME OF FINAL PLAT APPROVAL, PRIOR TO RELEASING <br />THE PLAT FOR RECORDING. <br /> <br />5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF <br />THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO THE <br />RELEASING OF THE PLAT FOR RECORDING. <br /> <br />6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT <br />OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. <br /> <br />7. PARK DEDICATION SHALL BE IN THE FORM OF CASH AT THE <br />RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. <br /> <br />8. THE DRIVEWAY FROM THE EXISTING HOME SHALL AT LEAST <br />BE PAVED FROM THE STREET EDGE TO THE RIGHT-OF-WAY <br />LINE. <br /> <br />MOTION CARRIED 5-0. <br /> <br />7.3. Request by Hassan lO1.11C to Appeal Staff's Interpretation of Section 30.859 of the City's <br />Land Use Regulations Regarding an Off-Premise Sign. Public Hearing-Case No. V 05-05 <br /> <br />7.4. Request by Hassan 101. LLC for a Conditional Use Permit to Allow a Rental Center at 728 <br />Railroad Drive. Public Hearing- Case No. CU 05-28 <br /> <br />Mr. Harlicker stated the applicant is requesting a variance to staff's interpretation that a <br />freestanding pylon sign is not allowed on Outlot A, Hals Addition. Mr. Harlicker explained <br />that according to the zoning ordinance, the applicant's sign is considered a structure; and a <br />structure is defmed as a development; and therefore cannot be installed on the outlot as <br />development is not allowed on an outlot. Mr. Harlicker further explained that the applicant's <br />sign would not be allowed according to Section 30-859 of the Zoning Code regarding <br />Prohibited Signs. He stated that Outlot A and an adjacent lot (728 Railroad Drive) are both <br />owned by the applicant. He further discussed the Board of Adjustment's discussion and <br />recommendation. He stated the former lumber yard used the outlot for storage, which was a <br />non-conforming use. <br /> <br />Mayor Klinzing opened the public hearing. <br /> <br />Jim Gooley, representing the applicant-Stated he would like to clean up and improve the <br />site. <br /> <br />Mayor Klinzing closed the public hearing for the variance request. <br /> <br />Councilmember Farber questioned the purpose of the outlot. <br /> <br />Mr. Maurer stated the outlot was platted by the city and was done to clean up the right of <br />way and for parking. <br />