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<br /> ARDEN HILLS CITY COUNCIL - DECEMBER 11,2000 6 <br /> 1) Section 6 #3 (a) of the City of Arden Hills Zoning Ordinance states that, "No antenna or <br /> . tower shall exceed a height of seventy five feet (75');" and <br /> 2) Section 6 #2 of the City of Arden Hills Zoning Ordinance states that, "Antennas, satellite <br /> dish antennas and towers are allowed only as special accessory uses. They are therefore <br /> allowed only on property containing a principal use to which the antenna, dish antenna or <br /> tower is accessory;" and <br /> 3) Section II (A) #1 of the City of Arden Hills Zoning Ordinance states that, "No building <br /> permit or other permit pertaining to the use of land or buildings shall be issued unless <br /> such building is designed and arranged to conform to the provisions of this ordinance." <br /> Mr. Scherbel stated he denied the request based purely on zoning issues. <br /> Councilmember Aplikowski inquired regarding the use for the original tower when constructed. <br /> Mr. Scherbel explained that when the tower went up in 1981 and at the time approved, it was a <br /> two-way radio tower with three antenna groupings at a 600 foot leveL The tower was built <br /> without meeting the State requirement of one-half inch radial ice being calculated on the tower <br /> structure, He explained that State law carne into effect about a year before they built the tower <br /> but it was never designed with that criteria. Now there are numerous antenna groupings, <br /> John Bannigan, attorney representing Mr. Vaughan, introduced himself. He reviewed the <br /> background material related to this case and clarified that by definition it is not saying the tower <br /> . is prepared to collapse, but that the tower is non-code complaint. However, that issue is not <br /> before the Council tonight. Ratller, the question is one of use and whether Mr. Vaughan was <br /> appropriate in applying for a building permit to erect a code complying tower to replace the non- <br /> compliant tower. Mr. Bannigan noted the City issued a SUP making it a complying land use but, <br /> as the Building Official indicated, it was not known to the City, the applicant, nor Motorola who <br /> designed the tower that Minnesota Codes had changed to require one-half inch radial ice loading. <br /> He explained that they proposed at the end of 1999 or beginning of 2000, to build a new code <br /> compliant tower on the site and to take the non-complaint tower down so he could continue to <br /> provide the same service. Mr. Bannigan stated now they are looking at zoning districts which are <br /> not favorable to this type of use due to code and zoning changes. He stated they had hoped to <br /> have a site plan before the Planning Commission indicating their intention to bring the tower into <br /> compliance and developing the rest of the site. <br /> Mr. Bannigan stated they do not take issue with whether the Building Official has applied tlle <br /> proper codes to the application and believe this is only one step in a continuum they hope to take <br /> to the Council over the next year. He offered to show that plan to the CounciL <br /> Mayor Probst explained the proper procedure would be to present that plan to staff and then the <br /> Planning Commission, <br /> Mr. Bannigan stated a presentation to the Council at this time would provide an opportunity for <br /> . the Council to provide direction to stan: however, this is a Council determination, <br />