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<br />Chairperson Nixt asked what the exception is from applicable law, which gives the City the <br />ability to waive this requirement. <br /> <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 /> <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 /> <br />Fire Chief Kapler concurred. <br /> <br />Community Development Director Miller suggested adding a Finding of Fact #18 that states an <br />exception has been made pursuant to the Uniform Building Code. <br /> <br />Chairperson Nixt stated the Planning Commission should approve Findings of Fact favorable to <br />the applicarit with the addition of language that clarifies the finding that an exception has been <br />made applicable to this applicant's request pursuant to the UnifonnBuilding Code with respect <br />to installation of a fire suppression system. <br /> <br />Motion by Commissioner Brauer, seconded by Chairperson Nixt, to recommend that City <br />Council adopt Findings of Fact relating to the request for an Interim Use Permit and as amended <br />by the addition of language that clarifies the finding that an exception has been made applicable <br />to this applicant's request pursuant to the Uniform Building Code, with respect to installation of a <br />fire suppression system. . . <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Commissioners Brauer, Hunt, Rogers, and Van <br />Scoy. Voting No: Commissioner Cleveland. Absent: Commissioner Levine~ <br /> <br />Motion by Commissioner Brauer, seconded by Chairperson Nixt, to recommend that City <br />. Council approve the request for an Interim Use Permit based on the amended findings of fact, <br />declaring terms of the same, with the following amendments: <br /> <br />2. This Permit shall commence on the date of City Council approval of same and <br />shull expire on October 11, 2011 upon the issuance of a Certificate of Occupancy <br />and shall expire 36 months from that date. <br /> <br />7. That the City Administrator or his or her designee shall have the right to inspect <br />the Subject Property for compliance.. ffi1El safety purposes. and quantity of <br />combustibles at any time. <br /> <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 /> <br />Planning Commission/October 2, 2008 <br />Page 7 of 15 <br /> <br />P7 <br />