Agenda - Council - 11/25/2008 - Laserfiche WebLink

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Chairperson Nixt asked what the exception is from applicable law, which gives the City the ability to waive this requirement. Fire Chief Kapler stated there is an exception contained in the statute that addresses the availability of water to the site; in addition, the exception clause states that the fire chief and building official have the authority to waive the requirement. Chairperson Nixt stated it may be appropriate to indicate that an exception has been made in this case with respect to the fire suppression system. Fire Chief Kapler concurred. Community Development Director Miller suggested adding a Finding of Fact #18 that states an exception has been made pursuant to the Uniform Building Code. Chairperson Nixt stated the Planning Commission should approve Findings of Fact favorable to the applicant with the addition of language that clarifies the finding that an exception has been made applicable to this applicant's request pursuant to the Uniform Building Code with respect to installation of a fire suppression system. Motion by Commissioner Brauer, seconded by Chairperson Nixt, to recommend that City Council adopt Findings of Fact relating to the request for an Interim Use Permit and as amended by the addition of language that clarifies the finding that an exception has been made applicable to this applicant's request pursuant to the Uniform Building Code with respect to installation of a fire suppression system. Motion carried. Voting Yes: Chairperson Nixt, Commissioners Brauer, Hunt, Rogers, and Van Scoy. Voting No: Commissioner Cleveland. Absent: Commissioner Levine. Motion by Commissioner Brauer, seconded by Chairperson Nixt, to recommend that City Council approve the request for an Interim Use Permit based on the amended findings of fact, declaring terms of the same, with the following amendments: 2. This Permit shall commence on the date of City Council approval of same and ' , ! upon the issuance of a Certificate of Occupancy and shall expire 36 months from that date. .: 7. That the City Administrator or his or her designee shall have the right to inspect the Subject Property for compliance and safety purposes, and quantity of combustibles at any time. Further Discussion: Chairperson Nixt requested that No. 7 be modified to be a little more generic as to safety measures so that it is consistent with the amended finding that an exception Planning Commission /October 2, 2008 Page 7 of 15