Agenda - Planning Commission - 12/01/2011

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Mr. Johnson stated there is adequate space for safely escaping the building and adequate space for fire trucks to drive around the building. The building has concrete block walls and a steel roof. There is no one in the building causing a hazardous use, except for possibly the pizza ovens and they are protected too. He thinks the code is overly broad. Associate Planner Environmental Coordinator Anderson stated that this discussion took place three years ago and there was an understanding at that time that fire suppression would be required with any extension or renewal of the permit. Private wells can and have been used for fire suppression systems. He continued that as outlined in the State Building Code there are only two authorities that can waive fire suppression and they are the Fire Chief and Building Official, and both have to come to an agreement. Commissioner Brauer stated that the Commission doesn't have the authority to overrule the Fire Marshal. We are talking about safety and people's lives and whether or not an economic hardship trumps people' s lives. In his opinion it does not. Motion by Commissioner Bauer, seconded by Commissioner Van Scoy, to close the public hearing. Motion Carried. Voting Yes: Chairperson Levine, Commissioners Bauer, Van Scoy, Brauer, Dunaway, and Field. Voting No: None. Absent: Commissioner Schiller. Chairperson Levine closed the public hearing at 8:45 p.m. Commission Business Discussion ensued regarding the timeline for the interim use permit. Mr. Johnson presented the hardships for the building owner to install fire suppression. Discussion ensued regarding the costs of bringing water to the building. Motion by Commissioner Brauer, seconded by Commissioner Van Scoy to recommend that City Council adopt findings of fact relating to the request for an Interim Use Permit to allow for a church operation in the H-1 Highway 10 Business District. Motion Carried. Voting Yes: Chairperson Levine, Commissioners Brauer, Van Scoy, Bauer, Dunaway, and Field. Voting No: None. Absent: Commissioner Schiller. Motion by Commissioner Brauer, seconded by Commissioner Bauer to recommend that City Council adopt a resolution approving the request for an Interim Use Permit for a term of nine (9) months and declaring the terms as proposed with the addition "That the future application fee for renewal or extension of the Interim Use Permit be waived if the applicant complies with the terms of the Interim Use Permit". Motion Carried. Voting Yes: Chairperson Levine, Commissioners Brauer, Bauer, Dunaway, Field, and Van Scoy. Voting No: None. Absent: Commissioner Schiller. Planning Commission/November 3, 2011 Page 3 of 4