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ARDEN HILLS CITY COUNCIL - July 31, 2000 5 . district of the City. The current Zoning Ordinance allows for antennas that are accessory to the primary use on a property through the SUP process in all zoning districts. This application is for an amendment to the original SUP to allow the installation of an antenna on the main antenna tower. The applicant requests the installation of an antenna to be placed at an elevation of 265 feet on the existing antenna tower. The proposed antenna requires a six foot mount at this elevation as well as a new platform and radio mount with GPS and microwave dish inside the existing compound. Section VI (I) #2 of the Zoning Ordinance states that, "Antennas, satellite dishes and towers are allowed only as special accessory uses. They are therefore allowed only on property containing a principal use to which the antenna, dish antenna or tower is accessory". The existing antenna is nonconforming by use since it is the principa1 use for this property. The structures that exist on the property are accessory to the tower. The height of antenna towers can not exceed seventy-five feet (75') in any district as stated in Section VI (I) #3 (b) of tl1e Zoning Ordinance. The existing antenna on this property exceeds 265' in height and the applicant proposes to place an antenna at approximately this height. Therefore, the existing antenna is also nonconforming by height. Being nonconforming by height, the antenna tower is also nonconforming by location since it is nearer to the property line (approximately 50' from the antenna) than the height of the tower (Section VI (1) #4 (d)). . Section IX (D) of the Zoning Ordinance states that, "No noncontornling use shall be changed to a different nonconforming use, enlarged, intensified, increased, extended to occupy a greater area of the lot on which it is located, moved to any other part of the lot on which or building in which it is located, constructed, reconstructed, structurally altered or remodeled. . ." The addition of this antenna onto an existing nonconforming antenna tower is not permitted (as stated above) since it would physically increase or expand the nonconformity. Permitting additional antennas on an already nonconforming use is contrary to the intent of the Zoning Ordinance which does not encourage antennas as a primary use. Ms. Chaput stated that the Planning Commission recommends denial of Planning Case #00-27, amendment to the Special Use Permit for 1296 County Road F, to allow for the installation of one antelma onto the existing tower and the installation of a new supporting platform on the ground, for the following reasons: 1. The physical enlargement of an existing nonconforming use by an additional antenna is not permitted by Section 1X (D) of the City's Zoning Ordinance; 2. It appears that antennas have been illegally added to tile existing tower in the past and the current tower appears to be taller than the original SUP permitted in 1972. . Mayor Probst asked what type of antennas have been added to the tower in the past. Ms. Chaput stated there is no documentation of planning cases changing the height of the tower, approved for 240 feet and currently at 265 feet.