CCP 01-02-2000 - Laserfiche WebLink

Home Browse Search

ARDEN HILLS CITY COUNCIL - DECEMBER 11,2000 6 l) Section 6 #3 (a) of the City of Arden Hills Zoning Ordinance states that, "No antenna or tower shall exceed a height of seventy five feet (75');" and Section 6 #2 of the City of Arden Hills Zoning Ordinance states that, "Antennas, satellite dish antennas and towers are allowed only as special accessory uses. They are therefore allowed only on property containing a principal use to which the antenna, dish antenna or tower is accessory;" and Section II (A) # I of the City of Arden Hills Zoning Ordinance states that, "No building permit or other permit pertaining to the use ofland or buildings shall be issued unless such building is designed and arranged to conform to the provisions of this ordinance." . 2) 3) Mr. Scherbel stated he denied the request based purely on zoning issues. Councilmember Aplikowski inquired regarding the use for the original tower when constructed. Mr. Scherbel explained that when the tower went up in 1981 and at the time approved, it was a two-way radio tower with three antenna groupings at a 600 foot level. The tower was built without meeting the State requirement of one-half inch radial ice being calculated on the tower structure. He explained that State law came into effect about a year before they built the tower but it was never designed with that criteria. Now there are numerous antenna groupings. John Bannigan, attorney representing Mr. Vaughan, introduced himself. He reviewed the background material related to this case and clarified that by definition it is not saying the tower is prepared to collapse, but that the tower is non-code complaint. However, that issue is not . before the Council tonight. Rather, the question is one of use and whether Mr. Vaughan was appropriate in applying for a building permit to erect a code complying tower to replace the non- compliant tower. Mr. Bannigan noted the City issued a SUP making it a complying land use but, as the Building Official indicated, it was not known to the City, the applicant, nor Motorola who designed the tower that Minnesota Codes had changed to require one-half inch radial ice loading. He explained that they proposed at the end of 1999 or beginning of 2000, to build a new code compliant tower on the site and to take the non-complaint tower down so he could continue to provide the same service. Mr. Bannigan stated now they are looking at zoning districts which are not favorable to this type of use due to code and zoning changes. He stated they had hoped to have a site plan before the Planning Commission indicating their intention to bring the tower into compliance and developing the rest of the site. Mr. Bannigan stated they do not take issue with whether the Building Official has applied the proper codes to the application and believe this is only one step in a continuum they hope to take to the Council over the next year. He offered to show that plan to the Council. Mayor Probst explained the proper procedure would be to present that plan to staff and then the Planning Commission. Mr. Bannigan stated a presentation to the Council at this time would provide an opportunity for the Council to provide direction to staff, however, this is a Council determination. .