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CCP 01-08-2001
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CCP 01-08-2001
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<br />ARDEN HILLS PLANNING COMMISSION - DECEMBER 6, 2000 <br /> <br />12 <br /> <br />Mr, Filla stated that the existing tower was constructed in 1980 under a conditional use permit. <br />He added there is disagreement between the City and the property owner with regard to the <br />number of antenna on the tower. He noted the tower has continued to exist under the 1980 <br />permit in that zone, <br /> <br />. <br /> <br />Mr. Filla stated that the City adopted Gateway Business District regulations in 1990. He added <br />the tower continued to be a conditional use in the Gateway zone, He noted the property was <br />rezoned from Limited Industrial or Residential to Gateway Business, <br /> <br />Mr. Filla stated that the City adopted an ordinance which changed regulations in the Gateway <br />zone in 1993. He added that towers such as the one in question were not allowed except as an <br />accessory use, and the height limitation was reduced to 75 feet. He noted that the Vaughan tower <br />became nonconforming at that point, and could not be expanded, <br /> <br />Mr, Filla stated that a series of requests for additions to the tower caused Mr. Scherbel to review <br />the tower and its history, concluding that the tower was not constructed according to State <br />regulations and had many attachments never authorized by the City, He added the weight of <br />additions to the tower appears to have caused stress to tower components and as a result is no <br />longer safe, He noted the term "unsafe" is consistent with State building code regulations, <br /> <br />Mr. Filla stated that upon Mr. Vaughan's request to build a new tower, Mr. Scherbel concluded <br />that a new tower would not be allowed in the zone, He added the Commission must decide <br />whether Mr, Scherbel acted properly given current City regulations. <br /> <br />Commissioner Sand stated the Commission has never faced such an issue before, He asked <br />whether it was within the Commission's jurisdiction, Mr, Filla stated the City has a process <br />wherein properly owners who are dissatisfied with administrative decisions can appeal to the <br />Commission for a recommendation. <br /> <br />e <br /> <br />John Bannigan, attorney for Mr. Vaughan, stated that this is an extremely unique matter. He <br />added that equity lies with Mr. Vaughan, who applied to the City for his special use permit for <br />the tower in 1981. He noted the use was appropriate and legal at the time, <br /> <br />Mr. Bannigan stated that Mr. Vaughan had retained the services of a planner to review the <br />existing City codes which do not permit the existence of a 700-foot tower. He added the planner <br />recommended a PUD request. He noted the building inspector, Mr. Scherbel, had done what he <br />is required by law to do, <br /> <br />Mr. Bannigan requested that the Commission table the matter to allow his client to present the <br />issue to the City Council for review. He added that is where the case properly lies, He noted the <br />current property use is appropriate for the community and represents effective land use practice, <br /> <br />Dan Vaughan, owner of 1777 Gateway Boulevard, stated he has always attempted to cooperate <br />with residents near his property, He added he has always been willing to correct and resolve <br />problems and work with the City on such issues. He noted the tower serves the entire metro area <br />daily, both for business communication and personal use, <br /> <br />. <br /> <br />Mr. Filla stated that Mr. Vaughan is an open person who has taken the initiative to do some <br />investigation. He recommended that the Commission act on this issue, He added that regulation <br />changes could be initiated by the Council and come before the Commission at a public hearing. <br />
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