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<br />. <br /> <br />. <br /> <br />. <br /> <br />Arden Hills Council <br /> <br />March 8, 1993 <br /> <br />10 <br /> <br />whether the Vaughn Tower is a nonconforming use because the <br />antennae is a "structure to facilitate the use". He added <br />that the proposal is to change the use, not expand the use. <br /> <br />LittleJohn explained that the proposal is to use the <br />property for cellular telephone transmission antennae which <br />are necessary for the ever increasing use of cellular <br />phones. He added that u.s. West has an FCC license <br />mandating that cellular phone use be available nationwide. <br />He further stated that the FCC recognizes that the <br />increasing use of cellular phones requires constructing <br />antennae as needed to facilitate the use. He opined that if <br />the City does not allow the antennae, such action would be <br />in direct conflict with FCC regulations. <br /> <br />LittleJohn reviewed the merits of cellular phone from the <br />standpoint of commerce and public safety in addition to <br />convenience. He added that many Arden Hills citizens are <br />cellular phone users and many 911 emergency calls are <br />received from cellular phones. <br /> <br />LittleJohn asked that Council either determine that this is <br />a permissible use or an allowable use based on the <br />importance of cellular communications. <br /> <br />Councilmember Hicks asked how a location for antennae is <br />chosen. A U.S. West representative stated that the need for <br />antennae is determined by the frequency of cellular phone <br />calls within a geographic area. He added that U.S. West <br />does not have power of imminent domain, but seeks locations <br />that will support the volume of cellular phone use in a <br />particular geographic area. <br /> <br />Councilmember Aplikowski stated that as a cellular phone <br />user, she understands the importance of providing this <br />service to the community, and expressed an interest at <br />arriving at an acceptable alternative. <br /> <br />Councilmember Malone commented that the merits of cellular <br />phone service are irrelevant; the issue is how the City will <br />handle a nonconforming structure. Probst concurred. <br /> <br />MOTION: <br /> <br />Probst moved, seconded by Malone, with regard to Case <br />93-04, to deny a Special Use Permit Amendment to <br />install cellular phone antennae on the Vaughn radio <br />tower, based on the fact that approval would constitute <br />expansion of a nonconforming use in the Gateway <br />Business District. Motion carried 4-1 (Aplikowski <br />voted nay; all others voted aye). <br />