CCP 07-31-2000 - Laserfiche WebLink

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ARDEN HILLS PLANNING COMMISSION - JULY 5, 2000 2 - principal use to which the antenna, dish antenna or tower is accessory". The existing antenna is .- nonconfonning by use since it is the principal use for this property. The structures that exist on ., the property are accessory to the tower. The height of antenna towers can not exceed seventy-five feet (75') in any district as stated in Section VI (I) #3 (b) of the Zoning Ordinance. The existing antenna on this property exceeds 265' in height and the applicant proposes to place an antenna at approximately this height. Therefore, the existing antenna is also nonconfonning by height. Being nonconfonning by height, the antenna tower is also nonconfonning by location since it is nearer to the property line (approximately 50' from the antenna) than the height of the tower (Section VI (I) #4 (d)). Section IX (D) ofthe Zoning Ordinance states that, "No nonconfonning use shall be changed to a different nonconfonning use, enlarged, intensified, increased, extended to occupy a greater area of the lot on which it is located, moved to any other part of the lot on which or building in which it is located, constructed, reconstructed, structurally altered or remodeled. . ." The addition of this antenna onto an existing nonconfonning antenna tower is not pennitted (as stated above) since it would physically increase or expand the nonconfonnity. Pennitting additional antennas on an already nonconfonning use is contrary to the intent of the Zoning Ordinance which does not encourage antennas as a primary use. Ms. Chaput stated that Staff recommends denial of Planning Case #00-27, amendment to the Special Use Pennit for 1296 County Road F, for the installation of one Omni antenna onto the existing tower and the installation of a new cabinet in the existing ground structure, for the e following reason: 1. The physical enlargement of an existing nonconfonning use by an additional antenna is not pennitted by Section IX (D) of the City's Zoning Ordinance. Dennis Wollers, a representative of Nor lite Telecommunications who lease space on the tower, stated that the new antenna will be mounted on the side ofthe tower and will not increase the size of the tower. He noted the applicant wants the antenna for cellular purposes. Ms. Chaput stated that a representative of the applicant had indicated that they would be in attendance at the meeting. She noted that a representative was not present. Acting Chair Rye closed the public hearing at 7:40 p.m. Commissioner Galatowitsch asked for clarification with regard to other building pennits requested and approved on the tower, which was erected in 1972. She noted a building pennit was approved in 1982. Ms. Chaput stated that building pennit was for a storage shed on the property and did not involve an addition to the tower. Ms. Galatowitsch noted a building pennit was also requested in 1996. Ms. Chaput stated that building pennit request was withdrawn and no further infonnation was available on that request. Commissioner Galatowitsch asked whether the tower was higher than was originally approved. . Ms. Chaput confinned this, stating the original SUP allowed for a height of240 feet, and the existing tower is 265 feet in height. She added she is unsure whether the tower was expanded at a later date.