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<br />e <br /> <br />e <br /> <br />. <br /> <br />ARDEN HILLS PLANNING COMMISSION - DECEMBER 6, 2000 <br /> <br />13 <br /> <br />Mr. Filla recommended that the Commission find that the Building Inspector acted properly in <br />denying Mr. Vaughan's application for a building permit. <br /> <br />Chair Erickson stated that he believes Mr. Scherbel appropriately denied the application. He <br />agreed this denial should be moved to the City Council. He noted the Council could recommend <br />further action from the Commission if required, <br /> <br />Commissioner Duchenes asked what the consequence would be of upholding the decision if the <br />applicant should decide to resubmit through the PUD process, Ms. Chaput stated there is no time <br />limitation on the building permit application. <br /> <br />Commissioner Sand expressed his agreement with the Building Inspector's actions. <br /> <br />Commissioner Sand moved, seconded by Commissioner Baker, to deny Dan Vaughan's appeal <br />of the Building Official's denial of a building permit application for the construction of a new <br />antenna tower at 1777 Gateway Boulevard, based on the following findings: <br /> <br />1. <br /> <br />Application was made by Mr. Dan Vaughan to build a new 700 foot tower on property he <br />currently owns north ofI-694 in the Gateway Business District. <br />The proposed tower would exceed 75 feet in height and would serve as principal rather <br />than accessory use on the property, <br />Building Official Dave Scherbel denied the application based on his interpretation of <br />Ordinance 291-Sec.VI-3a, 291-Sec, VI-2 and 291-Sec, XI-A,1. <br />Based on presentations by the applicant, Building Official and City Attorney, it is <br />undisputed that the actions taken by Mr. Scherbel were proper and he correctly <br />interpreted the ordinance provision, Denial of the application was appropriate, and the <br />Commission recommends to the Council that the denial be affirmed, <br /> <br />2, <br /> <br />3, <br /> <br />4, <br /> <br />The motion carried unanimously (5-0), <br /> <br />OLD BUSINESS <br /> <br />PLANNING CASE # 00-39 - CITY OF ARDEN HILLS -RIGHT OF WAY ORDINANCE <br />(2ND REVIEw) <br /> <br />Ms. Chaput stated that the model ordinance was drafted by engineering experts. She added that <br />the Commission could defer approval of the document to the Council as it is not specifically a <br />planning or zoning issue, <br /> <br />Commissioner Sand moved, seconded by Commissioner Baker, to defer Planning Case #00-39, <br />Right of Way Ordinance review, to the City Council for their review and subsequent action. The <br />motion carried unanimously (5-0), <br /> <br />The Commission expressed its appreciation of the City Engineer's comments on the model <br />ordinance, and thanked him for reviewing the document. <br />