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

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As stated above, the Zoning Code requires applicants to consider the City water tower sites and existing towers before any other location or before building a new tower. However, the Code also prohibits the addition of new antennas to the existing Reiling Tower because it is considered legally non-conforming under the code. This creates a contradiction in the Zoning Code because if the water tower sites were deemed infeasible from an engineering review, a potential applicant would not be able to consider the Reiling Tower due to its non-conforming status. This could result in a request for a new antenna tower, which the City is trying to avoid when possible. The height requirements within the code are also contrary to the purpose of reducing the number of towers necessary to provide suitable service. Generally speaking the greater the height of the antenna, the greater the range, thus potentially reducing the number of antennas that are necessary to accomplish the same level of service. Moreover, permitting antennas on existing towers at heights greater than 75 feet would allow better utilization of existing tower space and may reduce the need for new towers elsewhere in the City. The need for suitable antenna sites is anticipated to increase with the growing demand for wireless services. While some older technologies are consolidating antenna sites, the newer high-speed services are requiring additional antennas. It is reasonable to expect increasing demand from wireless internet and cellular services. Zoning Code Amendment Alternatives (Attachment A) The applicant has requested that the City allow additional antennas on what is currently a nonconforming tower. In essence this would make adding new antennas to any existing towers or structures that are nonconforming not considered an expansion of a nonconforming use. This would only impact existing towers in the City that are nonconforming. This would not change the status of any other nonconforming uses or structures. An alternative method of achieving a similar result would be to make the existing towers conforming to the Zoning Code. This concept has not previously been discussed but is a viable option. The Zoning Code could be amended to state that towers existing prior to a specific date are considered to be in conformance with the City Code. The Zoning Code amendment could further state that towers existing prior to that date cannot be increased in height. With this new concept, the antennas would no longer be nonconforming and could be expanded with additional antennas, provided the other requirements in the Zoning Code can be met. An example of what this language might be is included in Attachment A. The City would then not be altering in any way how it treats expansions of nonconforming uses. In practice, this Zoning Code change would only impact the Reiling Tower and the Arden Tower. However, the Arden Tower already operates under a conditional use permit, and that permit would not be changed with this Zoning - Code change. Council Direction City of Arden Hills City Council Meeting for March 15, 2010 C.-Documents and Settings lbecky.brazys lLocal Settings)Temporary Internet Files lOLKI 5F0345-10-Work Session-PC 09-023-Memo.doc Page 3 of 4