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ARDEN HILLS CITY COUNCIL - July 31,2000 6 . Counci1member Larson asked for clarification with regard to the applicant. Ms. Chaput stated the applicant is ALBS, a company operating out of Illinois, working with Skytel. Councilmember Larson asked whether previous changes were made to the structure since tbe zoning ordinance was amended. Ms. Chaput stated that a building permit was approved in 1982 for building a shed, and a planning case was withdrawn in 1996. Councilmember Grant asked whether the proposed antenna will add to the height of the tower. Ms. Chaput stated it would not add to the height, adding that the addition is not permitted by City Code and would add to the tower's nonconformity. Counci1member Rem asked whether Staff had heard from the applicant since their recommendation for denial was made. Ms. Chaput stated she has not heard from the applicant. Mr. George Reiling stated he is the owner of the property, adding he does not believe the tower has been expanded. Councilmember Aplikowski stated the tower was constructed before the zoning ordinance was revised. She added the toweris visually balanced, and the addition of antennas would make it appear lopsided. She asked how antennas could have been added witl10ut the City's knowledge, and who would be responsible for that. She asked whether tbe illegally added antennas could be removed. . City Attorney Jerry Filla stated that he is not familiar with this case, adding that tile Council seems to be expressing a wish for further information with regard to the tower's height and number of antennas. He added he is unsure whether Mr. Reiling has the authority to give the City more time to investigate that. Mr. Filla stated tl1e legal issue seems to be whether the request is an expansion of a nonconforming use, or an expansion of an illegal use. He expressed concern that this is the last day tor making a decision on tile matter. He recommended the Council take more time to review the matter. Councilmember Larson asked whether the applicant could submit a new application in six months if the application were denied. Ms. Chaput agreed, adding the applicant could also change their application and resubmit it immediately. Mr. Filla asked whether Mr. Reiling would be willing to allow City staff to review permits regarding the property. Mayor Probst expressed concern that there is no way to determine whether Mr. Reiling has the appropriate authority. . Mr. Filla stated he would recommend an alternative motion to continue the request for 60 days to allow the City to investigate the issue. Mayor Probst asked whether an action could be taken to deny the request but waive the six month requirement, allowing the applicant to return next month. Mr. Filla stated the six month restriction is contained in the zoning code.