1C, PC 09-023 - George J. Reiling Estate Conditional Use Permit

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HILLS MEMORANDUM DATE: March 15, 2010 Item 1.0 TO: Mayor& City Council FROM: Meagan Beekman, City Planner SUBJECT: Planning Case#: 09-023 U.S. Bank(Michael O'Rourke) on behalf of the George J. Reiling Estate Conditional Use Permit (CUP) Amendment and Zoning Code Amendment 1296 County Road F Requested Action Staff requests direction on how to proceed with the Reiling Tower code amendment request. BackLyround On February 22, 2010, the City Council reviewed an application by U.S. Bank, on behalf of the George J. Reiling Estate, for a Zoning Code Amendment and Conditional use Permit (CUP) Amendment as they relate to the existing 240 foot communications tower and associated antennas located at 1296 County Road F, hereafter referred to as the Reiling Tower. At that time the City Council voted to table the item to a work session in order to more thoroughly discuss the ramifications of the Zoning Code Amendment and its impacts on other nonconforming uses within the City. The Reiling Tower is a legal non-conforming use because at some point after the tower 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 and tower heights were limited 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 it is greater than 75 feet tall, it is a legal non-conforming use. Allowing additional antennas would be an expansion of a non- conforming use. A legal non-conforming use can only be expanded in one of two ways: City of Arden Hills City Council Meeting for March 15, 2010 C:(Documents and Settings lbecky.brazys lLocal Settings)Temporary Internet Files DLK15FW3-15-10-Work Session-PC 09-023-Memo.doc Page 1 of 4