CCP 01-08-2001 - Laserfiche WebLink

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