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ARDEN HILLS CITY COUNCIL—February 22, 2010 12 7.C. Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F and Approve Publishing a Summary (continued) City Planner Beekman stated U.S. Bank, on behalf of the, George J. Reiling Estate, has submitted an application for a Zoning Code Amendment as it relates to the existing 240-foot communications tower and associated antennas located at 1296 County Road F. The antenna tower had been maintained by a company called Great River Wireless; however, they abandoned their rights to the tower in early 2009. Staff informed Mike O'Rourke from U.S. Bank, now representing the tower, 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 years. The tower has become a legal non-conforming use, which means 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. A legal non-conforming use can only be expanded in one of two ways: the applicant could request a variance, but would need to demonstrate a hardship as required under State Statutes; or 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. There are two parts to the Zoning Code amendment request. The first would allow antennas at heights greater than 75-feet on existing towers. The second part would allow additional antennas to be located on existing antenna towers up to what would be structurally feasible for the tower. Councilmember Holden asked if there was a deadline by which the Council needed to reach their decision. City Planner Beekman stated this request is subject to the sixty-day review period which ends March 28, 2010. There is also an option for the City to extend an additional sixty days. She clarified that the tower is currently out of compliance and an amendment to the Code would allow the tower to become compliant. There is also an interest for a new antenna on the tower but this cannot happen until the tower is brought into compliance. Mr. Mike O'Rourke, U.S. Bank, representing the Reiling Estate, asked why this request would need to be extended beyond the sixty-days. They are trying to bring the tower into compliance as per the City's request. Clearwire Wireless is interested in putting up an antenna. Mayor Harpstead stated the challenge at this time is the Council needs to review the ramifications of changing the Zoning Code and what other towers may be affect. He clarified that there would administrative reviews built into the Code. Mr. O'Rourke stated they would be open to periodic reviews as well if it were part of the Zoning permit. Councilmember Holmes expressed concerns that the engineer that reviewed the tower did not look below grade at the foundation but rather they were making assumptions. Can the City get more assurance that this tower is structurally stable.