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Chairperson Nixt asked what the exception is from applicable law, which gives the City the <br />ability to waive this requirement. <br />Fire Chief Kapler stated there is an exception contained in the statute that addresses the <br />availability of water to the site; in addition, the exception clause states that the fire chief and <br />building official have the authority to waive the requirement. <br />Chairperson Nixt stated it may be appropriate to indicate that an exception has been made in this <br />case with respect to the fire suppression system. <br />Fire Chief Kapler concurred. <br />Community Development Director Miller sugg ddint #1_ s, at states an <br />exception has been made pursuant to the Uaifo <br />Chairperson Nixt stated the Planning Commission. to a Findings o ct favorable to <br />pp <br />the applicant with the addition of language that clthat an exception has been <br />made applicable to this applicant's request pursuant to the 'lding Code with respect <br />to installation of a fire suppression system. <br />Motion by Commissioner Brauer, sec : ,'r by inn Nixt, to recommend that City <br />Council adopt Resolution #08-10- ,,,,_ ng F " relating to the request <br />for an Interim Use Permit and as ame eV y ditto age that clarifies the finding <br />that an exception has been mad : lica e t, apple 's request pursuant to the Uniform <br />Building Code with respect to i 'on of a ,Y system. <br />Motion carried. Voting � .� erson Nixt, ssioners Brauer, Hunt, Rogers, and Van <br />Scoy. Voting No: Commissr . and. Absent. Commissioner Levine, <br />b Chai exson Nixt, to recommend that City <br />Motion Braue h Y <br />CoLmcE es �o 0� ap he request for an Interim Use Permit based on the <br />amen =ridings of #a`= - .g terms the same, with the following amendments: <br />This Permits mmence <br />upon the issuance of a Certificate of Qccur)ancv <br />7. ' 'strator or his or her designee shall have the right to inspect <br />i <br />& noperty for compliance; safety purposes, and uan <br />co m s at any time. <br />Further Discussion: Chairperson Nixt requested that No. 7 be modified to be a little more <br />generic as to safety measures so that it is consistent with the amended finding that an exception <br />has been made with respect to the fire suppression system and as contained in the. Uniform. <br />Building Code. <br />Planning Commission/October 2, 2008 <br />Page 7 of 15 <br />—329— <br />