3.1. BASR 12-13-2005 Item # 3.1.
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River
MEMORANDUM
TO: Board of Adjustments
FROM Scott Harlicker, Senior Planne/ f
DATE: December 13, 2005
SUBJECT: V 05-05
Request by Hassan 101, LLC for Appeal to Staff Determination
for Free-Standing Sign
Request
• The applicant is appealing staff's determination that they can not erect a freestanding sign on
Outlot A,Hals Addition
Location
The property is located north of the Burlington Northern railroad tracks and south of the
intersection of Railroad Drive and King Avenue.
Attachments
• Plat of Hals Addition
• Excerpts from the City Ordinance
Overview
Background Information
The applicant has applied for a conditional use permit to convert the vacant lumber yard,
formally the Arrow Building Center,located at 728 Railroad Drive,into an equipment rental
business. In connection with this application the applicant requested that they be allowed to
construct a freestanding pylon sign on Outlot A,Hals Addition. Outlot A is located between
• Railroad Drive and the railroad tracks and was previously used by the building center for
outdoor storage. Outlot A will be owned by the applicant but is a separate lot with a separate
I
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
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§ 30-1 ELK RIVER CODE
Irving such a topographical nature that surface Office/Showroom space means space that is
or percolating water flows through it from other utilized primarily for the display of products
areas before reaching a final ponding area. manufactured. Such space may or may not be
finished.
Nonconforming sign means any sign which
lawfully existed prior to June 18, 1990,the date of On sale liquor establishment has the meaning
adoption of the ordinance from which this chapter given in chapter 6.
is derived, but does not conform to the require- Operate means to charge a rental charge for
ments of article VI, division 5, subdivision II, of the use of a unit in a rental dwelling.
this chapter.
Operator means the owner or his agent who
Nonconforming use, as used in article VI, divi has charge, care, control, or management of a
sion 13, of this chapter, means the use of a building, or part thereof, in which dwelling units
structure or land,or both,lawfully in existence on or rooming units are let.
the effective date, of the ordinance from which Ordinary high-water level, as used in article
article VI, division 13, of this chapter is derived VI,divisions 12 and 13,of this chapter,means the
which does not conform to the requirements ap- boundary of public waters and wetlands, and
plicable thereto contained in article VI, division shall be an elevation delineating the highest
13, of this chapter or which does not conform to water level which has been maintained for a
provisions of article VI, division 13, of this chap- sufficient period of time to leave evidence upon
ter as subsequently amended. the landscape, commonly that point where the
natural vegetation changes from predominantly
Nonconforming use, as used in article VI of this aquatic to predominantly terrestrial. For water-
chapter, means the use of a structure or land, or courses, the ordinary high-water level is the ele-
h,lawfully in existence on September 4, 1980, vation of the top of the bank of the channel. For
ch does not conform to the requirements ap- reservoirs and flowages, the ordinary high-water
plicable thereto contained in article VI of this level is the operating elevation of the normal
chapter, or which does not conform to provisions summer pool. In areas where the ordinary high-
of article VI of this chapter as subsequently water level is not evident, setbacks shall be mea-
amended. sured from the stream bank of the following water
bodies that have permanent flow or open water:
Obstruction means any dam, wall, wharf, em- the main channel, adjoining side channels, back-
bankment,levee,dike,pile,abutment,projection, waters, and sloughs.
excavation, channel modification, culvert, build-
ing, wire, fence, stockpile, refuse, fill, structure, * Outlot means a remnant from a subdivision
or matter in, along, across, or projecting into any that is not a developable piece of property unless
channel, watercourse, or regulatory floodplain replatted in accordance with city ordinances.
which ma y impede, retard or chang e th e direc-
Owner, as used in article V of this chapter,
tion of the flow of water, either in itself or by means an individual or legal entity having suffi-
catching or collecting debris carried by such wa- dent legal interest in the land sought to be
ter. subdivided to commence and maintain proceed-
ings to subdivide the land under article V of this
Occupancy means the portion of a building or chapter.
premises owned, leased, rented, or otherwise oc-
cupied for a given use. Owner, as used in article III of this chapter,
means any person who, alone,jointly,or severally
Occupant means any person, including the with others, shall be in actual possession of, or
owner or operator, living, sleeping, cooking, and have charge, care, or control of, any dwelling,
eating in a dwelling unit,or living and sleeping in dwelling unit, or rooming unit within the city as
"looming unit. owner, employee, or agent of the owner, or as
CD30:24
LAND DEVELOPMENT REGULATIONS §30-1
Coniferous/evergreen tree means a woody plant or other features, attached or functionally related
which, at maturity, is at least 30 feet or more in to a principal use or site and at any point extend-
height,with a single trunk, fully branched to the ing more than 30 inches above ground.
ground,having foliage on the outermost portion of
the branches yearround. Deflection means the angle between a line and
the prolongation of the preceding line.
Conservation easement means a legal agree Department store means a relatively large store
ment creating an interest in real property created
in a manner to impose limitations or affirmative selling a number of different kinds and types of
obligations regarding the use of property, includ- goods such as clothes, shoes, hardware, interior
ing the retention, protection, and maintenance of lighting and decoration items, sports equipment,
open space. furniture, appliances and housewares to retail
customers.
Construction sign means a temporary sign Development means the act of building struc-
erected on the premises on which construction is tares or installing site improvements.
taking place,during the period of such construc-
tion, indicating the names of the architects, engi- Directional sign means a sign erected on pri-
veers,landscape architects,contractors or similar vate property for the purpose of directing pedes-
artisans, and the owners, financial supporters, trian or vehicular traffic onto or about the prop-
sponsors, and similar individuals or firms having erty upon which such sign is located, including
a role or interest with respect to the situation or signs marking entrances and exits, circulation
project. direction,parking areas, and pickup and delivery
Contour map means a map on which irregular-
areas, which does not display advertising copy.
. ities of land surface are shown by lines connecting Displaced resident means a resident of an owner-
points of equal elevation. Contour interval is the occupied manufactured home who rents a lot in a
vertical height between contour lines. manufactured home park,including the members
Co means the wording on a sign of the resident's household,as of the date the park
Copy g gn surface in owner submits a closure statement to the city
either permanent or removable letter or picture
planning commission.
form.
Display area means the area from the top of the
Cornice means any horizontal projecting orna- kickplate to the head of the entrance door.
mental molding that finishes or crowns the top of
a building, wall, arch, etc. Drainage course means a watercourse or inden-
ture for the drainage of surface water.
County board means the Sherburne County
Board of Commissioners. Dry cleaning means the process of removing
dirt,grease,paint,spots,stains or any other form
Deciduous overstory shade tree means a woody of foreign matter from wearing apparel and/or
plant which, at maturity, is 30 feet or more in household furnishings by any means other than
height, with a single trunk unbranched for sev- washing with soap or detergent and water.
eral feet above the ground, having a defined
crown, and which loses leaves annually. Dry cleaning establishment means an establish-
ment for the mechanical dry cleaning of gar-
Deciduous understory ornamental tree means a ments,articles or goods of fabric for retail custom-
woody plant which, at maturity, is less than 30 ers.
feet in height,with a single trunk,unbranched for
several feet above the ground, having a defined Dry cleaning pick-up station means an estab-
crown, and which loses leaves annually. lishment where customers drop-off and pick up
garments or articles that are sent to another
Deck means a horizontal, unenclosed platform location for dry cleaning.Such establishments are
• with or without attached railings,seats,trellises, consistent with general retail uses.
Supp.No.7 CD30:17
LAND DEVELOPMENT REGULATIONS §30-1
•
"road," "boulevard" or any other similar term Subdivision, as used in article VI, division 13,
describing an entity complying with the require- of this chapter,means land that is divided for the __
means set forth in this definition. purpose of sale, rent, or lease, including planned
Street width means the shortest distance unit development.
between the lines delineating the right-of-way Substandard dwelling means any dwelling
of a street. which does not conform to the minimum stan-
Stringcourse means an area/band that is to dards established by this Code, including section
cated at the second floor line separating the lower 30-221.
facade from the upper facade. It shall be created Supplied means paid for, furnished by, pro-
with a reveal and/or change in the brick pattern vided by, or under the control of the owner,
(i.e. a soldier course). operator, or agent of a dwelling.
Structural alteration means any change or Tangent means a straight line, also a straight
addition, other than incidental repairs, to the line projected from the end of a curve, which is
supporting members of a building, such as bear- perpendicular to a line in the curve drawn from
ing walls,columns,beams,girders or foundations, the radius point to the end of the curve.
which would prolong the building's life.
4f.
Structure, as used in article VI of this chapter, Temporary sign means a sign or advertising
means anything constructed or erected,the use of display constructed of cloth, canvas, fabric, ply
which requires more or less permanent location wood or other light material and designed or
on the ground or attachment to something having intended to be displayed at a site for a short
a permanent location on the ground. When a period of time.
• structure is divided into separate parts by an Temporary tent structure means a tent/canopy
unpierced wall, each part shall be deemed a structure that is constructed of a lightweight
separate structure. 0 frame with a canvas,fabric or similar skin that is
Subdivider means any person commencing pro- designed or intended to be erected at a site as
ceedings under article V of this chapter to effect a protection from the elements during a special
subdivision of land under article V of this chapter occasion/event. The structure must comply with
for himself or for another. UL fire retardant requirements.
Subdivision, as used in article V of this chap- Therapeutic massage means the practice of
ter, means the separation of an area, parcel, or rubbing, stroking, kneading, tamping, or rolling
tract of land under single ownership into two or of the body with the hands or any instrument,for
more parcels, tracts, lots, or longterm leasehold the exclusive purpose of relaxation, physical fit-
interests where the creation of the leasehold ness, or beautification, and for no other purpose,
interest necessitates the creation of streets,roads, by a person not licensed as a medical doctor,
or alleys, for residential, commercial, industrial, chiropractor,osteopath,podiatrist,nurse,or phys-
or other use or any combination thereof, except ical therapist, or an assistant who works solely
those separations: under the direction of any of such professionals,
(1) Where all resulting parcels,tracts,lots,or or beauticians and barbers who confine their
interests will be 20 acres or larger in size treatments to the scalp, face, and neck.
and 500 feet in width for residential uses Therapeutic massage establishment means an
and five acres or larger in size for corn- establishment in the business of providing thera-
mercial and industrial uses. peutic massage services either to the public or as
(2) Creating cemetery lots. a private club.
(3) Resulting from court orders,or the adjust- Toe of the bluff means the lower point of a
II ment of a lot line by the relocation of a
common boundary. 50 foot segment with an average slope exceeding
18 percent.
Supp.No.3 CD30:31
§30-859 ELK RIVER CODE
•ec. 30-859. Prohibited signs , Sec. 30-860. Permit.
The following types of signs are prohibited in (a) Required. Unless otherwise provided by
all districts: this subdivision, all signs shall require permits
and payment of fees as described in this section.
(1) Abandoned signs which no longer identify No permit is required for the maintenance of a
or advertise a bona fide business, service, sign or for a change of copy on printed or change-
product, or activity or for which no legal able copy signs.
owner can be found.
(b) Exemptions. The following types of signs
(2) Banners, pennants, festoons, and search- are exempt from permit requirements but must
lights except as a permitted temporary otherwise be in conformance with all require-
special event sign under section 30-866(7). ments of this subdivision:
(1) On-premises construction signs that corn-
*(3) Off-premises signs,other than billboards. ply with section 30-866(7)g.
(4) Signs imitating or resembling official gov- (2) On-premises directional/informational
ernment signs or signals. signs having a sign area of four feet or
(5) Signs attached to trees,utility poles,pub- less.
lic benches, or streetlights, or placed on (3) Holiday decorations.
any public property or public right-of-way.
(4) On-premises nameplates having a sign
(6) Signs placed on vehicles or trailers which area of four square feet or less.
are parked or placed for the primary pur- (5) Political signs, on-premises private sale
pose of displaying the sign, except,for signs or on-premises event signs.
0 portable signs or lettering on buses,taxis,
or vehicles operating during the normal (6) On-premises real estate signs having a
course of business. sign 'area of six square feet or less.
(7) Signs suspended beneath a canopy, over- (7) Window signs, provided they do not in-
hang, roof, or marquee without a mini- volve more than 50 percent of the window
mum clearance from grade of eight feet in area.
a vehicular way or seven feet in a pedes- (c) Application. Application for a permit for
trian way. the erection, alteration, .or relocation of a sign
(8) Any roof sign or sign erected above the shall be made to the director of planning upon a
form provided by the city and shall include the
roofline of a building. following information:
(9) Any sign placed within 30 feet of any (1) The name and address of the owner of the
intersection that may obstruct motorist or sign.
pedestrian visibility.
(2) The street address or location of the prop-
(10) Rotating, flashing or animated signs. erty on which the sign is to be located,
along with the name and address of the
(11) Unsafe/dangerous signs: property owner.
(12) Painted wall signs. (3) The type of sign or sign structure as
defined in this chapter.
(13) Signs utilizing flashing or revolving bea-
con lights. (4) A site plan showing the proposed location
(Code 1982, § 900.22(3)(B)) of the sign along with the locations and
State law reference—Signs resembling traffic control square footage areas of all existing signs
vices prohibited,Minn.Stats.§ 169.07. on the same premises.
CD30:100