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Conditional Use Permit Amendment Request The applicant is requesting that the original CUP be amended to allow the owners to add, relocate, or replace antennas on the Reiling Tower as needed, up to the existing 30 antennas that currently exist on the tower. Any change to equipment on the tower would require a building permit and administration review, but a CUP amendment for changes would not be required. If the owners wanted to place additional antennas beyond the existing 30 a CUP Amendment would be required. Engineering Review As noted in the first part of this report, the Reiling Tower has undergone a number of changes to the antenna configuration since it was constructed in 1972. The current configuration is not in 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 B). 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 30 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. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed zoning code amendment meets the goals of the City and if the conditional use permit is in conformance with the zoning code. Staff offers the following sixteen findings for consideration: General Findings: 1. The property is 2.76 acres and is zoned I-1: Limited Industrial District. 2. The 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 Arden Hills Planning Commission Meeting for April 7, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases12009109-023 Refiling Tower Zoning and CUP Amendment (CC Tabled)W4-07-10 -PC Report - Refiling Tower CUP Amendment. doc Page 7 of 10