7.3. SR 12-19-2005
Item # -L...l.
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Senior Planne~
DATE: December 19,2005
SUBJECT: V 05-05
Request by Hassan 101, LLC for Appeal to Staff Determination
for Free-Standing Sign
Request
The applicant is appealing staffs 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
Hassan 101, ILC 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.
In 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 all off premise sign and is therefore prohibited. The sign could not be considered
a billboard because it would not comply with the applicable requirements that apply to
billboards; the property is not adjacent to the right-of-way for Highway 169.
Based on the above information, it is staffs interpretation that the applicant could not erect
a sign for his rental business on Outlot A.
Board of Adjustment Meeting
Discussion
At the Board of Adjustment meeting held on December 13th, no one spoke at the public
hearing. The applicant explained his reasoning regarding the use of the outlot for a
freestanding sign. He believes that since the parcel had been used as part of the lumber yard
operation for outdoor storage, he should also be able to use it as part of his business
operation. Instead of using it for outdoor storage he would like to use it as a site for his
freestanding sign.
The Board discussed the applicant's line of reasoning regarding the sign and also discussed
the non-conforming use regulations. A non-conforming use can be continued as long as it
S:\pLANNING\Case Files\200S\ V 05-05 Hassan 101, LLC\Appeal CC12-19.doc
LAND DEVELOPMENT REGULATIONS
Coniferous / evergreen tree means a woody plant
which, at maturity, is at least 30 feet or more in
height, with a single trunk, fully branched to the
ground, having foliage on the outermost portion of
the branches yearround.
Conservation easement means a legal agree-
ment creating an interest in real property created
in a manner to impose limitations or affirmative
obligations regarding the use of property, includ-
ing the retention, protection, and maintenance of
open space.
S 30-1
or other features, attached or functionally related
to a principal use or site and at any point extend-
ing more than 30 inches above ground.
Deflection means the angle between a line and
the prolongation of the preceding line.
Department store means a relatively large store
selling a number of different kinds and types of
goods such as clothes, shoes, hardware, interior
lighting and decoration items, sports equipment,
furniture, appliances and housewares to retail
customers.
Construction sig~ means ~ temporary. si~ ~ Development means the act of building struc-
erected on the prennses on which constructIon IS t . tall' 'te lID' p m nts .
. .. ures or ms mg SI rove e .
taking place, dunng the penod of such construc-
tion, indicating the names of the architects, engi- Directional sign means a sign erected on pri-
neers, landscape architects, contractors or similar vate property for the purpose of directing pedes-
artisans, aild 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
areas, which does not display advertising copy.
Contour map means a map on which irregular-
ities ofland surface are shown by lines connecting
points of equal elevation. Contour interval is the
vertical height between contour lines.
Copy means the wording on a sign surface in
either permanent or removable letter or picture
form.
Cornice means any horizontal projecting orna-
mental molding that finishes or crowns the top of
a building, wall, arch, etc.
County board means the Sherburne County
Board of Commissioners.
Deciduous overstory shade tree means a woody
plant which, at maturity, is 30 feet or more in
height, with a single trunk unbranched for sev-
eral feet above the ground, having a defined
crown, and which loses leaves annually.
Deciduous understory ornamental tree means a
woody plant which, at maturity, is less than 30
feet in height, with a single trunk, unbranched for
several feet above the ground, having a defined
crown, and which loses leaves annually.
Deck means a horizontal, unenclosed platform
with or without attached railings, seats, trellises,
Supp. No.7
Displaced resident means a resident of an owner-
occupied manufactured home who rents a lot in a
j manufactured home park, including the members
of the resident's household, as of the date the park
owner submits a closure statement to the city
planning commission.
Display area means the area from the top of the
kickplate to the head of the entrance door.
Drainage course means a watercourse or inden-
ture for the drainage of surface water.
Dry cleaning means the process of removing
dirt, grease, paint, spots, stains or any other form
of foreign matter from wearing apparel and/or
household furnishings by any means other than
washing with soap or detergent and water.
Dry cleaning establishment means an establish-
ment for the mechanical dry cleaning of gar-
ments, articles or goods offabric for retail custom-
ers.
Dry cleaning pick-up station means an estab-
lishment where customers drop-off and pick up
garments or articles that are sent to another
location for dry cleaning. Such establishments are
consistent with general retail uses.
CD30:17
9 30-1
having such a topographical nature that surface
or percolating water flows through it from other
areas before reaching a final ponding area.
Nonconforming sign means any sign which
lawfully existed prior to June 18, 1990, the date of
adoption of the ordinance from which this chapter
is derived, but does not conform to the require-
ments of article VI, division 5, subdivision II, of
this chapter.
Nonconforming use, as used in article VI, divi-
sion 13, of this chapter, means the use of a
structure or land, or both, lawfully in existence on
the effective dat~ of the ordinance from which
article VI, division 13, of this chapter is derived
which does not conform to the requirements ap-
plicable thereto contained in article VI, division
13, of this chapter or which does not conform to
provisions of article VI, division 13, of this chap-
ter as subsequently amended.
Nonconforming use, as used in article VI ofthis
chapter, means the use of a structure or land, or
both, lawfully in existence on September 4, 1980,
which does not conform to the requirements ap~
plicable thereto contained in article VI of this
chapter, or which does not conform to provisions
of article VI of this chapter as subsequently
:;unended.
Obstruction means any dam, wall, wharf, em-
bankment, levee, dike, pile, abutment, projectiop.,
excavation, channel modification, culvert, build-
ing, wire, fence, stockpile, refuse, fill, structure,
or matter in, along, across, or projecting into any
channel, watercourse, or regulatory floodplain
which may impede, retard, or change the direc-
tion of the flow of water, either in itself or by
catching or collecting debris carried by such wa-
ter.
Occupancy means the portion of a building or
premises owned, leased, rented, or otherwise oc-
cupied for a given use.
Occupant means any person, including the
owner or operator, living, sleeping, cooking, and
eating in a dwelling unit, or living and sleeping in
a rooming unit.
ELK RIVER CODE
Office / Showroom space means space that is
utilized primarily for the display of products
manufactured. Such space mayor may not be
finished.
On-sale liquor establishment has the meaning
given in chapter 6.
Operate means to charge a rental charge for
the use of a unit in a rental dwelling.
Operator means the owner or his agent who
has charge, care, control, or management of a
building, or part thereof, in which dwelling units
or rooming units are let.
Ordinary high-water level, as used in article
VI, divisions 12 and 13, of this chapter, means the
boundary of public waters and wetlands, and
shall be an elevation delineating the highest
water level which has been maintained for a
sufficient period of time to leave evidence upon
the landscape, commonly that point where the
natural vegetation changes from predominantly
aquatic to predominantly terrestrial. For water-
courses, the ordinary high-water level is the ele-
vation of the top of the bank of the channel. For
reservoirs and flowages, the ordinary high-water
level is the' operating elevation of the normal
summer pool. In areas where the ordinary high-
water level is not evident, setbacks shall be mea-
sured from the stream bank of the following water
bodies that have permanent flow or open water:
the main channel, adjoining side channels, back-
waters, and sloughs.
*' Outlot means a remnant from a subdivision
that is not a developable piece of property unless
replatted in accordance with city ordinances.
Owner, as used in article V of this chapter,
means an individual or legal entity having suffi-
cient legal interest in the land sought to be
subdivided to commence and maintain proceed-
ings to subdivide the land under article V of this
chapter.
Owner, as used in article III of this chapter,
means any person who, alone, jointly, or severally
with others, shall be in actual possession of, or
have charge, care, or control of, any dwelling,
dwelling unit, or rooming unit within the city as
owner, employee, or agent of the owner, or as
CD30:24
LAND DEVELOPMENT REGULATIONS
"road," "boulevard" or any other similar term
describing an entity complying with the require-
ments set forth in this definition.
Street width means the shortest distance
between the lines delineating the right-of-way
of a street.
Stringcourse means an area/band that is lo-
cated at the second floor line separating the lower
facade from the upper facade. It shall be created
with a reveal and/or change in the brick pattern
(i.e. a soldier course).
Structural alteration means any change or
addition, other than incidental repairs, to the
supporting members of a building, such as bear-
ing walls, columns, beams, girders or foundations,
which would prolong the building's life.
~ Structure, as used in article VI of this chapter,
~ means 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. When a
structure is divided into separate parts by an
unpierced wall, each part shall be deemed a
separate structure.
Subdivider means any person commencing pro-
ceedings under article V of this chapter to effect a
subdivision of land under article V of this chapter
for himself or for another.
Subdivision, as used in article V of this chap-
ter, means the separation of an area, parcel, or
tract of land under single ownership into two or
more parcels, tracts, lots, or longterm leasehold
interests where the creation of the leasehold
interest necessitates the creation of streets, roads,
or alleys, for residential, commercial, industrial,
or other use or any combination thereof, except
those separations:
(1) Where all resulting parcels, tracts, lots, or
interests will be 20 acres or larger in size
and 500 feet in width for residential uses
and five acres or larger in size for com-
mercial and industrial uses.
(2) Creating cemetery lots.
(3) Resulting from court orders, or the adjust-
ment of a lot line by the relocation of a
common boundary.
Supp. No.3
~ 30-1
Subdivision, as used in article VI, division 13,
of this chapter, means land that is divided for the
purpose of sale, rent, or lease, including planned
unit development.
Substandard dwelling means any dwelling
which does not conform to the minimum stan-
dards established by this Code, including section
30-221.
Supplied means paid for, furnished by, pro-
vided by, or under the control of the owner,
operator, or agent of a dwelling.
Tangent means a straight line, also a straight
line projected from the end of a curve, which is
perpendicular to a line in the curve drawn from
the radius point to the end of the curve.
Temporary sign means a sign or advertising
display constructed of cloth, canvas, fabric, ply-
wood or other light material and designed or
intended to be displayed at a site for a short
period of time.
Temporary tent structure means a tent/canopy
structure that is constructed of a lightweight
"
frame with a canvas, fabric or similar skin that is
designed or intended to be erected at a site. as
protection from the elements during a special
occasion/event. The structure must comply with
UL fire retardant requirements.
Therapeutic massage means the practice of
rubbing, stroking, kneading, tamping, or rolling
of the body with the hands or any instrument, for
the exclusive purpose of relaxation, physical fit-
ness, or beautification, and for no other purpose,
by a person not licensed as a medical doctor,
chiropractor, osteopath, podiatrist, nurse, or phys-
ical therapist, or an assistant who works solely
under the direction of any of such professionals,
or beauticians and barbers who confine their
treatments to the scalp, face, and neck.
Therapeutic massage establishment means an
establishment in the business of providing thera-
peutic massage services either to the public or as
a private club.
Toe of the bluff means the lower point of a
50-foot segment with an average slope exceeding
18 percent.
CD30:31
2 30-859
ELK RIVER CODE
Sec. 30-859. Prohihitp.rl ,"i~,"
-
The following types of signs are prohibited in
all districts:
(1) Aban~oned signs which no longer identify
or advertise a bona fide business, service,
product, or activity or for which no legal
owner can be found.
(2) Banners, pennants, festoons, and search-
lights except as a permitted temporary
special event sign under section 30-866(7).
~(3)
(4)
Off-premises signs, other than billboards.
Signs imitating or resembling official gov-
ernment signs or signals.
(5)
Signs attached to trees, utility poles, pub-
lic benches, or streetlights, or placed on
any public property or public right-of-way.
Signs placed on vehicles or trailers which
are parked or placed for the primary pur-
pose of displaying the sign, except for
portable signs or lettering on buses, taxis,
or vehicles operating during the normal
course of business.
(6)
(7) Signs suspended beneath a canopy, over-
hang, roof, or marquee without a mini-
mum clearance from grade of eight feet in
a vehicular way or seven feet in a pedes-
trian way.
(8) Any roof sign or sign erected above the
roofline of a building.
(9) Any sign placed within 30 feet of any
intersection that may obstruct motorist or
pedestrian visibility.
(10) Rotating, flashing or animated signs.
(11) Unsafe/dangerous signs:
(12) Painted wall signs.
(13) Signs utilizing flashing or revolving bea-
con lights.
(Code 1982, ~ 900.22(3)(B))
State law reference-Signs resembling traffic control
devices prohibited, Minn. Stats. 2 169.07.
CD30:100
Sec. 30-860. Permit.
(a) Required. Unless otherwise provided by
this subdivision, all signs shall require permits
and payment of fees as described in this section.
No permit is required for the maintenance of a
sign or for a change of copy on printed or change-
able copy signs.
(b) Exemptions. The following types of signs
are exempt from permit requirements but must
otherwise be in conformance with all require-
ments of this subdivision:
(1)
On-premises construction signs that com-
ply with section 30-866(7)g.
On-premises directional/informational
signs having a sign area of four feet or
less.
Holiday decorations.
On-premises nameplates having a sign
area of four square feet or less.
Political signs, on-premises private sale
signs or on-premises event signs.
On-premises real estate signs having a
sign 'area of six square feet or less.
(7) Window signs, provided they do not in-
volve more than 50 percent of the window
area.
(2)
(3)
(4)
(5)
(6)
(c) Application. Application for a permit for
the erection, alteration, or relocation of a sign
shall be made to the director of planning upon a
form provided by the city and shall include the
following information:
(1) The name and address of the owner of the
sign.
(2) The street address or location of the prop-
erty on which the sign is to be located,
along with the name and address of the
property owner.
(3) The type of sign or sign structure as
defined in this chapter.
(4) A site plan showing the proposed location
of the sign along with the locations and
square footage areas of all existing signs
on the same premises.
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Case Number: V 05-05 CU 05-28
HASSAN 10 I, LLC
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~-Tc r.--- 7, ~ ,
12'-{)"
I. 8'-{)" ~
Cabinet paint black
2'-0"
16sqft.
PMS 288- Cobalt blue
9'-6"
PMS 1788
2'- 6"
20 sq ft.
.
18"
y
12sqft.
I. 8'-0 ~ total 90 sq ft.
30"
GREY PMS 428
18"
SPECIFICATIONS
Top cabinet
24" deep
Polycarbonate faces
Electrical side access
Bottom sign
Daktronics 3400 series
electronic message center
UPRIGHT
14" X 14" sq. tube
Schedule 40
Concrete
5.5 cu yds required
Grand Rental Station I Total 90 sq ft 6i8ocraft.er6
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