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

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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 either: a. 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; or, b. Change the code so the existing towers are conforming structures It would be quite difficult to prove a hardship in this type of case, which is why the applicant is requesting a Zoning Code amendment. If the Zoning Code amendment is approved, the applicant is then requesting a CUP amendment to allow the additional antennas and the relocation of antennas on the tower. Approval of the CUP is contingent on an amendment to the Zoning Code. Discussion City Zoning Regulations Section 1325.09 Subd 1 of the City's Zoning Code states that a purpose of regulating antennas, dish antennas, and towers within the City is to "maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community." Essentially, it has been the City's desire to encourage new antennas to be located on existing platforms (i.e. water tower, antenna tower, or building) where feasible instead of building new antenna towers or monopoles throughout the City. Cities are allowed to regulate towers in such a manner provided it does not leave parts of a community without access to wireless services. In August 2009, the City updated the Zoning Code to include a priority list for the placement of new antennas (Section 1325.09 Subd 6). Again, the goal is to encourage the grouping of antennas to minimize the construction of new antenna towers and limit the impact on the public health, safety and welfare, which includes the aesthetic impact. The code states that new antennas shall be located on City water tower sites unless the applicant shows, to the reasonable satisfaction of the City, that the City water towers cannot be feasibly used from an engineering standpoint. If the City water tower site is not feasible, the Code requires the applicant to consider the following locations in order of priority: 1. On existing towers or structures within any industrial, civic-center, or business district; 2. On new towers in any industrial civic-center, or business district; 3. Any existing towers or structures located within any residential district; then, 4. Any new towers or structures located within any residential district. City of Arden Hills City Council Meeting for March 15, 2010 C.-Documents and Settings lbecky.brazys1ocal Settings Temporary Internet Files DLK15R03-I5-10-Work Session-PC 09-023-Memo.doc Page 2 of 4