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ARDEN HILLS PLANNING COMMISSION – November 4, 2015 3 <br /> <br />Residential Façade Transparency Requirements for properties in the B-2 and B-3 Districts, as <br />presented in the November 4, 2015, report to the Planning Commission. <br /> <br />Associate Planner Bachler reviewed the options available to the Planning Commission on this <br />matter: <br /> <br />1. Recommend Approval as Submitted. <br />2. Recommend Approval with Changes. <br />3. Recommend Denial <br />4. Table <br /> <br />Chair Thompson opened the public hearing at 6:35 p.m. <br /> <br />Chair Thompson invited anyone for or against the application to come forward and make <br />comment. <br /> <br />There being no additional comment Chair Thompson closed the public hearing at 6:36 p.m. <br /> <br />Commissioner Holewa moved and Commissioner Bartel seconded a motion to recommend <br />approval of Planning Case 15-019 amending Section 1325.05, Subd. 8 of the Zoning Code <br />pertaining to the Commercial and Residential Façade Transparency Requirements for <br />properties in the B-2 and B-3 Districts, as presented in the November 4, 2015, report to the <br />Planning Commission. The motion carried unanimously (5-0). <br /> <br />B. Planning Case 15-022; Zoning Code Amendment – Accessory Antennas – Public <br />Hearing <br /> <br />Associate Planner Bachler stated that the City approved a Conditional Use Permit in July 2015 <br />for the installation of wireless panel antennas and related equipment at the existing Bethel <br />University building at 2 Pine Tree Drive. During the City Council review of this request, a <br />question arose regarding whether the antennas should be considered an accessory use because <br />they did not directly support or complement the principal use of the property for higher education <br />and office activities. The City Attorney subsequently provided a memo that responded to this <br />question and suggested revisions to the Zoning Code to help clarify the issue. <br /> <br />Associate Planner Bachler indicated that the City Council discussed the recommendations <br />made by the City Attorney at their regular meeting on August 31, 2015. It was the consensus of <br />the City Council that an amendment to the Zoning Code should be processed to incorporate the <br />proposed revisions. <br /> <br />Associate Planner Bachler reported that telecommunication facilities are protected under <br />federal law through the Telecommunications Act of 1996. Cities may regulate the placement and <br />construction of cellular towers and antennas but cannot prohibit the provision of services. The <br />City has adopted regulations that limit the number of new cellular towers by requiring providers <br />to lease space on City water tower sites, use existing buildings, or co-locate on existing towers. <br />Additionally, new antennas are only permitted as an accessory use on a property with an existing <br />principal use. <br />