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<br />ARDEN HILLS CITY COUNCIL - July 31, 2000 <br /> <br />DRAFT <br /> <br />6 <br /> <br />. Councilmember Larson asked for clarification with regard to the applicant. Ms. Chaput stated <br />the applicant is ALBS, a company operating out of Illinois, working with Sky tel. <br />Councilmember Larson asked whether previous changes were made to the structure since the <br />zoning ordinance was amended, Ms. Chaput stated that a building permit was approved in 1982 <br />for building a shed, and a planning case was withdrawn in 1996, <br /> <br />Councilmember Grant asked whether the proposed antenna will add to the height of the tower. <br />Ms, Chaput stated it would not add to the height, adding that the addition is not permitted by <br />City Code and would add to the tower's nonconformity, <br /> <br />Councilmember Rem asked whether Staff had heard from the applicant since their <br />recommendation for denial was made, Ms, Chaput stated she has not heard from the applicant. <br /> <br />Mr. George Reiling stated he is the owner of the property, adding he does not believe the tower <br />has been expanded, <br /> <br />Councilmember Aplikowski stated the tower was constructed before the zoning ordinance was <br />revised. She added the toweris visually balanced, and the addition of antennas would make it <br />appear lopsided. She asked how antennas could have been added without the City's knowledge, <br />and who would be responsible lor that. She asked whether the illegally added antennas could be <br />removed. <br /> <br />. <br /> <br />City Attorney Jerry Filla stated that he is not familiar with this case, adding that the Council <br />seems to be expressing a wish for further information with regard to the tower's height and <br />number of antennas, He added he is unsure whether Mr. Reiling has the authority to give the <br />City more time to investigate that. <br /> <br />Mr, Filla stated the legal issue seems to be whether the request is an expansion of a <br />nonconforming use, or an expansion of an illegal use. He expressed concern that this is the last <br />day for making a decision on the matter. He recommended the Council take more time to review <br />the matter. <br /> <br />Council member Larson asked whether the applicant could submit a new application in six <br />months if the application were denied. Ms, Chaput agreed, adding the applicant could also <br />change their application and resubmit it immediately, <br /> <br />Mr. Filla asked whether Mr. Rciling would be willing to allow City staffto review permits <br />regarding the property, Mayor Probst expressed concern that there is no way to determine <br />whether Mr. Reiling has the appropriate authority, <br /> <br />Mr. Filla stated he would recommend an alternative motion to continue the request for 60 days to <br />allow the City to investigate the issue, Mayor Probst asked whether an action could be taken to <br />deny the request but waive the six month requirement, allowing the applicant to return next <br />month, Mr. Filla stated the six month restriction is contained in the zoning code. <br /> <br />. <br />