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<br />. <br />~ <br /> <br />e <br />.~ <br /> <br />e <br />\wi <br /> <br />~ <br /> <br />~ <br />EN HILLS <br /> <br /> <br />MEMORANDUM <br /> <br />TO: Mayor and City Council <br /> <br />FROM: Joe Lynch, City Administratorf.k:. <br /> <br />SUBJECT: Arden Tower <br />1777 Gateway Blvd. <br /> <br />- <br /> <br />DATE: <br /> <br />June 7, 2001 <br /> <br />ENC.: <br /> <br />Arden Tower Memo <br /> <br />Backl!ronnd <br />Enclosed within is a copy of a memorandum I received from Dave Scherbel, Building Official, <br />that the City Council needs to take action on the telecommunications tower located at 1777 <br />Gateway Blvd. As previously discussed and determined the tower does not meet the technical <br />interpretation of the building code of the State of Minnesota for compliance with the lI," radial <br />ice provision. Mr. Dan Vaughn has previously approached the City for a building permit <br />application for reconstruction of the telecommunication's tower located at this address. The City <br />Council denied that building permit request. Subsequently Mr. Scherbel verified with the State <br />of Minnesota that they agree with his interpretation and the recommendation to the City Council <br />for denial based upon the State Building Code. But denial was based on a zoning issue because <br />the Gateway Business Zoning District does not allow telecommunications towers over 75' in <br />height in that district. <br /> <br />Mr. Vaughn has a development proposal which the planning commission will be reviewing at <br />their meeting on June 6, 2001. The development proposal includes reconstruction of the <br />telecommunications tower to height of750' along with the construction of two 4-story structures <br />located directly beneath the tower. This application is for a concept plan review only. The City <br />has a concept plan review, a preliminary plan review, and final plan review process. The <br />concept plan review allows an applicant to appear before the PI arming Commission to receive <br />either positive or negative comments about a proposed development. If positive comments are <br />received the applicant would be encouraged to begin the preliminary plan and final plan review. <br />Ifnegative comments are received the applicant should not proceed further with preliminary <br />plan or final plan review. <br /> <br />A conflict occurs because of the previous action taken by the City Council denying Mr. <br />Vaughn's building permit application for reconstruction of telecommunications tower. The <br />Planning Commission and the City Council cannot simultaneously deny a building permit for <br />