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Tower. The original CUP for the Refiling Tower was approved in 1972 (Attachment B). The CUP allowed for the construction of a communications tower and seven microwave dish antennas on the parcel. Although the approved dish antennas could be replaced with other equipment in the same location, the original CUP did not include provisions for adding or relocating antennas at different heights on the tower. Over the following decades, antennas were replaced, removed, and relocated on the Reiling Tower. There is no consistent record of building or electrical permits for this work, and the original CUP was never amended to accommodate the changes. This discrepancy was discovered during recent inquiries by Clear Wireless to add new antennas to the tower. The Reiling 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 U.S. Bank was hired 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 made over the last 38 years. However, a CUP amendment request is complicated by the fact the tower has become a legal non -conforming use. A legal non- conforming use means that the tower was originally constructed in conformance with the Zoning Code, though changes made to the Code since has now brought the tower out of compliance. The Reiling Tower was made a legal non -conforming use when at some point after its approval 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 and limited their height to 75 feet. This change meant that new towers could only be built on sites with other uses and antennas could not be placed at heights greater than 75 feet, except for on City water towers. Because the Reiling Tower is the only use at 1296 County Road F and greater than 75 feet in height, it is a legal non -conforming use. Permitting additional antennas would be an expansion of a non -conforming use., which may only be approved in one of two ways: 1. The applicant could request a variance, but would need to demonstrate a hardship as required under State Statutes; or, 2. The applicant could request a Zoning Code amendment to add provisions that allow antennas to be added to existing, legally non -conforming towers at any height, provided the tower can structurally accommodate the antennas. As it would be difficult to prove a hardship in this type of case, the applicant is instead requesting a Zoning Code amendment. If approved, the applicant is then requesting a CUP amendment to allow the additional antennas and the relocation of antennas on the tower. City of Arden Hills Planning Commission Meeting for February 3, 2010 I Wetro-inet.uslardenhillslPlanninglPlanning Cases 12009109-023 Reiling Tower Zoning and CUP Amendment (Pending)102-03-10 - _PC Report _-_Reding Tower CUP Amendmentl.doc page 2 of 9