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Planning Case 09-023: Reiling Tower CUP Amendment and Zoning Code Amendment The George J. Reiling Estate has recently submitted an application for a Zoning Code Amendment as it relates to the existing communications tower and antennas located at 1296 County Road F, hereafter referred to as the Reiling Tower. The applicant is requesting that the Zoning Code be amended to allow additional antennas to be placed on existing non -conforming towers, and to allow these additional antennas at a height in excess of 75 feet. The current City Code limits the height of antennas to 75 feet. In addition to the Zoning Code Amendment, the applicant is requesting a Conditional Use Permit (CUP) Amendment to the original CUP for the tower at 1296 County Road F to allow additional antennas to be located on the tower up to what is structurally feasible without the need for additional CUP Amendments. Reiling Tower Background The original CUP for the Reiling Tower was approved in 1972 (Attachment A). At the time it allowed for the construction of a communications tower that would hold seven microwave dish antennas on the parcel located at 1296 County Road F. Although the approved dish antennas could be replaced with other equipment, the original CUP did not include provisions for adding more antennas or placing antennas at different heights. Over the course of the next several decades, antennas were replaced, removed, and located on the Reiling Tower. There is not a consistent record of building or electrical permits for this work, and the original CUP was never amended to accommodate the changes made to the Reiling Tower. This discrepancy was discovered during recent inquiries by Clear Wireless to add new antennas to the Reiling Tower. The antenna tower had been maintained by a company called Great River Wireless; however, they abandoned their rights to the tower in early 2009 due to a disagreement with the Reiling Estate. Mike O'Rourke from US Bank was brought in by the Reiling Estate to manage the property. Staff informed Mr. O'Rourke that the tower needed to be brought into compliance with the original CUP or the original CUP would need to be amended to address the changes that were made over the last 37 years. A CUP amendment is made somewhat more complicated because the tower is a legal non -conforming use. A legal non- conforming use means that the tower was originally constructed in conformance with the Zoning Code but, over time, the Code changed and the tower is no longer in conformance with the Zoning Code. The Reiling Tower is a legal non -conforming use because at some point after the Reiling Tower CUP was approved in 1972, the City changed the Zoning Code to make antennas a conditional accessory use in all zoning districts except for the B-3 District. This change meant that new towers could only be built on sites with other uses. Because the Reiling Tower is the only use on that property, it is a legal non -conforming use. Allowing additional antennas would be an City of Arden Hills City Council Work Session for December 21, 2009 IlMetro-inet.uslardenhillslPlanningIPlanning Cases 12009109-023 Reiling Tower Zoning and CUP Amendment (Pending)112-21-09 - Work Session - Memo - Antennas and Towers.doc Page 2 of 6