CCP 06-25-2001 - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION—JUNE 6, 2001 9 Mr. Cronin explained since the Building Code already covered this subject thoroughly and was the language currently used for review of permits for excavation and grading, there was no need to review and recodify the Excavations Ordinance that had been removed from the City Code. It was possible that this was the reason the Ordinance was originally removed from the City Code, since so many years have passed and a variety of staff had been involved. Mr. Cronin indicated staff recommended there be no further review of the Excavation Ordinance since it was adequately covered in State Building Code Appendix Chapter 33: Excavation and Grading, as previously adopted by the City. NEW BUSINESS PLANNING CASE #01-10 — ARDEN TOWERS 1777 GATEWAY BOULEVARD CONCEPT PUD Mr. Cronin explained the applicant was requesting the review of a concept planned unit development for the property located at 1777 Gateway Boulevard. Mr. Cronin presented the background information by explaining that the property at 1777 Gateway Boulevard, commonly referred to as the tower property, had a lengthy history of applications. Mr. Cronin summarized in Planning Case#81-05, a Special Use Permit was approved on this property for the construction of a 700 foot antenna tower. Mr. Cronin noted U.S. West made application to install an antenna array on the existing tower in Planning Case#98-10. The application was approved with the condition that they comply with the Ehresmann engineering report. After reviewing the Ehresmann report, the Building Official noted that the report did not include calculations for 1/2" radial ice as required by the State Building Code and requested it of the applicant. U.S. West submitted a new report, including this information, stating that the tower did not meet the State requirement for 1/2" radial ice nor a 69 m.p.h. wind. In a letter to the applicant, dated November 5, 1999, the Building Official found the structure to be unsafe. The State of Minnesota agreed with the City's decision to declare the tower an unsafe structure. Mr. Cronin stated on December 17, 1999, the applicant applied for a building permit to construct a new 700 foot tower on the site, to be in compliance with the State Code. On January 6, 2000, The Building Official denied the building permit application based on the following Sections of the Zoning Ordinance: ■ Section 6 (I)#3 (b). No antenna or tower shall exceed a height of seventy-five feet(75'). ■ Section 6 (I) #2. Antennas, satellite dish antennas and towers are allowed only as special accessory uses. They are therefore allowed only on a property containing a principal use to which the antenna, dish antenna or tower is accessory. ■ Section 6(I)#4 (d). Antennas and towers shall not be allowed nearer to any property line than the height of the antenna or tower. ■ Section 9 (J). In the event a nonconforming building is hereafter destroyed by any cause, it shall not be restored or reconstructed except in conformity with the applicable requirements of this ordinance.