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<br /> ARDEN HILLS CITY COUNCIL - DECEMBER II, 2000 8 <br /> . look at the conforming and nonconforming uses and determine if the tower can or cannot be <br /> constructed. <br /> Mr, Filla stated the legal issues with these scenarios are complicated and the property owner does <br /> not share staffs interpretation of which regulations would apply in those situations. However, <br /> the applicant agrees tonight that the Building Official properly applied the code in denying the <br /> building permit application. <br /> Mr. Bannigan stated he had asked the Planning Commission to table the matter until they could <br /> bring in their own plan, However, he realizes certain aspects need finality but, in his view, to <br /> delay and consider the site plan development and land use application at the same time as <br /> considering the tower and other aspects would be appropriate, However, the Planning <br /> Commission did not concur with that method. Mr. Bannigan stated he would support delaying <br /> and keeping both to run concurrently. He stated they would also have to continue to renew the <br /> 60-day reviewal extension. Mr. Bannigan stated irrespective of Council action tonight, they will <br /> bc presenting their plan but would prefer not denying the appeal. <br /> Councilmember Larson asked why they do not withdraw the appeal. <br /> Mr. Bannigan stated this has been with staff since February and ifhe were to have processed it, <br /> hc would have recommended it be taken from the table. However, there does need to be some <br /> finality. He stated he is not interested, at this point, in removing it from the table. <br /> . Councilmember Larson noted that City never reached a conclusion the tower was too unsafe to <br /> continue and nothing prevents the applicant from continuing operation but the applicant would <br /> be prohibited from adding to the tower to increase revenue, <br /> Mr. Bannigan stated that is correct. <br /> Councilmember Larson stated the only instances that prevent operation is if the Council were to <br /> move to find the tower represents some type of health and safety issue and takes action on that <br /> point. <br /> Mr. Bannigan reviewed the past consideration on the compliance and load issues, and change in <br /> the Codc. He stated his agreement with Mr. FiIIa that this is not an easy legal consideration, <br /> Mayor Probst reviewed that a year ago is not the first time the issue of the structure surfaced. He <br /> statcd there was something several years ago that triggered, in part, the same discussion. Mr. <br /> Bannigan stated that is correct, it was discussed about three years ago. <br /> Mayor Probst reviewed the issues that had been discussed and thus determination that the <br /> antenna may have been constructed beyond the approved height. Mr. Bannigan stated the initial <br /> lease was with Motorola and went from 3 to 25 antem1a by the end ofthe lease. Then Mr. <br /> . Vaughan reduced the net number to 20. <br /> Mr. Bannigan stated the issues related to the land use will be returned to at a later date. <br />