7C, Ordinance 2010-002 & Planning Case 09-023 - 1296 County Road F

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conformance with the original approval, and the changes were not reviewed by the City. The CUP amendment addresses the noncompliance with the 1972 CUP; however, the City contracted with Ulteig Engineers to have a complete structural review completed since the previous changes were not reviewed by the City (Attachment E). In summary, the Ulteig report states that the Reiling Tower is in good condition and has been properly maintained. The report indicates that there are 3 0 antennas on the tower (the diplexers are support equipment used by the antennas). The report notes that Clear Wireless is seeking to add six antennas to the tower, which, if done, would put the tower at 97.4 percent capacity in its current condition. The Clear Wireless antennas have not yet been reviewed by the City; however, if this planning case is approved Clear Wireless has moved forward with an application to add additional antennas to the tower, which would require another CUP Amendment. Other Communication Towers in Arden Hills Besides the Reiling Tower, there are two other freestanding antenna towers located in Arden Hills. The Arden Tower at 1777 Gateway Boulevard is also considered a legal non-conforming use because it is not accessory to another use and exceeds the 75 foot height limit. However, the Arden Tower CUP already includes provisions that allow for additional antennas and antennas at different heights with administrative review and a building permit. The 1972 Reiling Tower CUP does not include such flexible provisions. The other tower is located at 1929 Lake Valentine Road and is owned by the Minnesota Department of Transportation (Mn/DOT). Because the tower is owned by a State agency, it is not subj ect to local land use regulation. They are not required to obtain local review or approvals for changes to this tower. The proposed Zoning Code changes would impact the Arden Tower, which would now be considered a conforming use; however, it would continue to be governed by its existing CUP that allows for the relocation and replacement of up to 31 antennas. The Mn/DOT tower will continue to be exempt from local regulations. Findin�s of Fact The Planning Commission offers the following sixteen findings of fact for review: 1. The property is 2.76 acres and is zoned I-1: Limited Industrial District. 2. �'he antenna tower was constructed in 1972 in planning case 72-024. 3. The antenna tower is 240 feet tall. 4. The existing conditional use permit provides for seven dish antennas at specific heights as noted in the CUP. 5. Zoning Code changes after 1972 have made the tower a legal, non-conforming structure because it is the primary use on the site and exceeds the 75 foot height limit. City of Ar�den Hills City Council Meeting for Ap�il 26, 2010 C: IDOCUME�IIMEAGAN�I.BEEILOCALS IlTemplELFl5104-26-10 - Regular Meeting - PC 09-023 - Memo.doc Page 4 of 6