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<br /> ARDEN HILLS CITY COUNCIL - DECEMBER I I, 2000 9 <br /> . Mr. Vaughan, applicant, explained that until this recent incident with Qwest, he was unaware the <br /> tower had to conform to the one-half inch ice standard. He stated when ever there was a change <br /> in the array of the towers, he had an engineering study conducted to determine whether it was <br /> safe, As a result, he has declined an array of users to go on the tower. He stated this is his living <br /> and no one is more concerned with safety than is he. Now that he has learned that the law was <br /> changed, he researched when the law was changed and learned it was prior to the time the tower <br /> was constructed, meaning the City and his engineers missed that new regulation. Now, to correct <br /> the problem, they are willing to reconstruct the tower at his expense. Mr. Vaughan stated he <br /> respects the City Building Official and has always tried to be a good citizen of Arden Hills, He <br /> stated he wants to address his plight and assured the Council they want the tower to be safe, <br /> Mayor Probst noted the action proposed is a review of the denial by the Building Official. He <br /> noted the staff and Planning Commission recommendation is well documented to affirm the <br /> denial. <br /> Mr. Filla explained that tabling consideration does not gain anything for either party. He stated <br /> if a decision is made tonight, this part is resolved. If they want to apply for some type of a use, <br /> once approval is given for the use to be constructed, the next logical step is to make application <br /> for a building permit. Mr. Filla stated that could only happen ifthe Council ultimately decides to <br /> change the regulations. <br /> . Councilmember Aplikowski noted that things have changed over the last ten years no matter <br /> what the business is, and it behooves the business person to be aware ofthose changes. <br /> Councilmember Aplikowski stated she finds it difficult to believe they had no knowledge of the <br /> change in regulations. She stated she knows there have been discussions on road and land issues <br /> in the past. Councilmember Aplikowski stated she does not want to tell any business that they <br /> cannot remain in business. But, at the same time, she does not want to consider a new tower <br /> since they are no longer allowed in the Gateway District. <br /> Mayor Probst stated his support to affirm the denial as recommended by staff. He noted Mr. <br /> Bannigan has stated he agrees with the logic used by the Building Official in his denial so it <br /> would seem appropriate to close this "chapter" and move onto the next one. <br /> Councilmember Grant stated if the Council does not affirm the denial, it does not change that <br /> denial. <br /> Mr. Filla explained the request of the property owner is to postpone this decision so it can be <br /> considered concurrent with a development action. However, he believes that would complicate <br /> future considerations, Mr. Filla reiterated that by affirming staff s recommendation, it does not <br /> require the tower owner to remove that tower. Mr. Filla again reviewed the possible future <br /> scenarios the Council may consider. <br /> . Councilmember Larson stated his support to affirm the decision of the Building Official, noting <br /> that oncc it is done, three events could occur. He reviewed those three events and stated his <br /> support to take action on the appeal tonight. <br />