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Motion Carried. Voting Yes: Chairperson Levine, Commissioners Dunaway, Bauer, Brauer, <br />Field, and Van Scoy. Voting No: None. Absent: Commissioner Schiller. <br />NOTE CITY COUNCIL MINUTES <br />The Council minutes were noted. <br />PUBLIC HEARINGS /COMMISSION BUSINESS <br />Case #1: Public Hearing — Request for an Interim Use Permit to Allow for the <br />Operation of a Church in the B -1 Business District on the Property Located <br />at 5900 167 Avenue NW; Case of Rum River Retail Ventures, LLC <br />Public Hearing <br />Chairperson Levine called the public hearing to order at 7:04 p.m. <br />Presentation <br />Associate Planner/Environmental Coordinator Anderson presented the Staff Report. <br />Citizen Input <br />Phillip Johnson, Architect for the building owner, stated the letter from the owner states his <br />concerns; it is a very expensive request to try to put in a fire sprinkler system at this time, water is <br />not available nearby. The State does give the Building Official and/or the Fire Chief the option to <br />waive the requirement. The church has been looking for solutions; however, their option is to <br />stay where they are. <br />Commissioner Van Scoy asked if the building were to be built today would it have to have fire <br />suppression no matter what the use. <br />Fire Marshal Ko <br />building was under 2,500 square feet. <br />stated yes it would be required if it were built today unless the size of the <br />Commissioner Brauer asked Mr. Kohner's interpretation of the law and if there was any flexibility <br />given to the City; does the City have to do what it says or are there exceptions and what <br />exceptions can we use or give for not following? <br />Fire Marshal Kohner stated the State Fire and Building Codes are referred to as a mini/max law <br />where the local authority cannot be more or less stringent than the State Code. He then read the <br />section of code. <br />Associate Planner/Environmental Coordinator Anderson stated the current permit was granted for <br />three years to allow time to install the fire suppression. Discussion ensued regarding the term <br />length of the interim use permit. <br />Planning Commission/November 3, 2011 <br />Page 2 of 4 <br />