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ARDEN HILLS CITY COUNCIL—April 26, 2010 14 7.C. Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F(continued) City Planner Meagan Beekman stated this application was first reviewed by the Planning Commission at the February 3, 2010, meeting. At that time the applicant was requesting a zoning code change that would allow additional antennas on nonconforming communications towers. At their March 15 work session the City Council directed Staff to work with the applicant on a CUP Amendment that would limit the number of antennas on the tower to the number of antennas currently in operation and alter the zoning code amendment language to make existing towers in the City conforming conditional uses. Because the zoning language that is now proposed is different than the language presented to the Planning Commission at the public hearing, the City Attorney recommended that the application go back to the Planning Commission for a public hearing and review. There are two parts to the Zoning Code amendment request. The first part would make communications towers that were in existence prior to the effective date of the zoning amendment conditional uses, thus allowing then as the primary use on the property on which they are located. The second part would allow antennas to be located on these existing communications towers up to the height of the existing tower, and exempt them from setback regulations. If approved, the combined effect of the amendment requests would allow additional antennas on communications towers that exceed the height of 75 feet, and were in existence prior to the adoption of this amendment, up to the limit of the CUP under which each tower operates. This would make the existing tower a conforming structure. These provisions would not apply to requests for new towers. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Approve Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit at 1296 County Road F Based on the Findings of Fact and the Submitted Plans as Amended by the Seven Conditions in the April 26, 2010, Planning Case Report, and Approve Publishing a Summary of Ordinance 2010-002, Councilmember McClung asked City Planner Beekman how many of the antennas are not being used at this time. Civil Engineer Beekman explained Staff had originally been told that only 21 of the 30 remaining antennas located on the tower were being used and that the remaining antennas had been abandoned. Since the March 15 City Council work session Staff has had discussions with the property owner, the service providers that are using the tower, and Ulteig Engineering who conducted the structural analysis of the tower for the City. Through these discussions Staff has been able to clarify all 30 antennas on the tower are currently operational. The motion was called to a vote. The motion carried unanimously (4-0). D. Planning Case 09-019 for a Conditional Use Permit Amendment at 1296 County Road F