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City Council Minutes Page 6 <br />December 19, 2005 <br />----------------------------- <br /> <br />2.ALL COMMENTS OF SHERBURNE COUNTY SHALL BE <br />ADDRESSED. <br /> <br /> <br />3.ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE <br />PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS <br />REQUIRED BY THE CITY ORDINANCE AND LAND USE <br />APPLICATION PRIOR TO RECORDING OF THE PLAT. <br /> <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 /> <br />5.A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST <br />OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO THE <br />RELEASING OF THE PLAT FOR RECORDING. <br /> <br /> <br />6.THE APPLICANT SHALL EXECUTE A DEVELOPER’S AGREEMENT <br />OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. <br /> <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 /> <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 101, LLC 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 defined 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 />