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CCP 08-14-2000
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CCP 08-14-2000
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<br />. <br /> <br />ARDEN HILLS CITY COUNCIL - July 31, 2000 <br /> <br />5 <br /> <br />. <br /> <br />district of the City, The current Zoning Ordinance allows for antennas that are accessory to the <br />primary use on a property through the SUP process in all zoning districts. This application is for <br />an amendment to the original SUP to allow the installation of an antenna on the main antenna <br />tower, <br /> <br />The applicant requests the installation of an antenna to be placed at an elevation of 265 feet on <br />the existing antenna tower. The proposed antenna requires a six foot mount at this elevation as <br />well as a new platform and radio mount with GPS and microwave dish inside the existing <br />compound, <br /> <br />Section VI (I) #2 ofthe Zoning Ordinance states that, "Antennas, satellite dishes and towers are <br />allowed only as special accessory uses, They are therefore allowed only on property containing a <br />principal use to which the antenna, dish antenna or tower is accessory", The existing antenna is <br />nonconforming by use since it is the principal use for this property. The structures that exist on <br />the property are accessory to the tower. <br /> <br />The height of antenna towers can not exceed seventy-five feet (75') in any district as stated in <br />Section VI (I) #3 (b) of the Zoning Ordinance. The existing antenna on this property exceeds <br />265' in height and the applicant proposes to place an antenna at approximately this height. <br />Therefore, the existing antenna is also nonconforming by height. Being nonconforming by <br />height, the antenna tower is also nonconforming by location since it is nearer to the property line <br />(approximately 50' from the antenna) than the height of the tower (Section VI (I) #4 (d)). <br /> <br />. <br /> <br />Section IX (D) of the Zoning Ordinance states that, "No nonconforming use shall be changed to <br />a different nonconforming use, enlarged, intensified, increased, extended to occupy a greater area <br />of the lot on which it is located, moved to any other part of the lot on which or building in which <br />it is located, constructed, reconstructed, structurally altered or remodeled, ' ," <br /> <br />The addition ofthis antenna onto an existing nonconforming antenna tower is not permitted (as <br />stated above) since it would physically increase or expand the nonconformity, Permitting <br />additional antennas on an already nonconforming use is contrary to the intent ofthe Zoning <br />Ordinance which does not encourage antennas as a primary use, <br /> <br />Ms, Chaput stated that the Planning Commission recommends denial of Planning Case #00-27, <br />amendment to the Special Use Permit for 1296 County Road F, to allow for the installation of <br />one antenna onto the existing tower and the installation of a new supporting platform on the <br />ground, for the following reasons: <br /> <br />1, The physical enlargement of an existing nonconforming use by an additional antenna is <br />not permitted by Section IX (D) of the City's Zoning Ordinance; <br />2. It appears that antennas have been illegally added to the existing tower in the past and the <br />current tower appears to be taller than the original SUP permitted in 1972, <br /> <br />. <br /> <br />Mayor Probst asked what type of antennas have been added to the tower in the past. Ms. Chaput <br />stated there is no documentation of planning cases changing the height of the tower, approved for <br />240 feet and currently at 265 feet. <br />
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