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<br />Appeal No. 2005-03 (Variance No. 2005-09) <br />September 6, 2005 <br />Page 2 <br /> <br />The site's physical location and the applicant's interest in displaying <br />the American flag was considered by the Planning Commission. The <br />Commission noted that first amendment protections prevent the City from <br />requiring that only an American flag be displayed. Thus the current or <br />subsequent property owners are entitled to display any flag. The <br />Commission further noted that the 35-foot height limit would adequately <br />allow the prominent display of the flag, and felt that the excessive <br />height proposed by the applicant represented an attention-getting device. <br />It is therefore recommended that Appeal No. 2005-03 be denied. <br /> <br />FISCAL IMPACT <br /> <br />There is no fiscal impact associated with this action. <br /> <br />~ <br />J Y M Trevino <br />E tive Director <br />Planning & Building Agency <br /> <br />PG:rb <br />pg\reports\vaOS-09.cc-appeal <br /> <br />75A-2 <br />