Minutes - Planning Commission - 11/03/2011

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NOTE CITY COUNCIL MINUTES The Council minutes were noted. PUBLIC HEARINGS /COMMISSION BUSINESS Case #1: Public Hearing — Request for an Interim Use Permit to Allow for the Operation of a Church in the B -1 Business District on the Property Located at 5900 167 Avenue NW; Case of Rum River Retail Ventures, LLC Public Hearing Chairperson Levine called the public hearing to order at 7:04 p.m. Presentation Associate Planner/Environmental Coordinator Anderson presented the Staff Report. Citizen Input Phillip Johnson, Architect for the building owner, stated the letter from the owner states his concerns; it is a very expensive request to try to put in a fire sprinkler system at this time, water is not available nearby. The State does give the Building Official and/or the Fire Chief the option to waive the requirement. The church has been looking for solutions; however, their option is to stay where they are. Commissioner Van Scoy asked if the building were to be built today would it have to have fire suppression no matter what the use. Fire Marshal Kohner stated yes it would be required if it were built today unless the size of the building was under 2,500 square feet. Commissioner Brauer asked Mr. Kohner's interpretation of the law and if there was any flexibility given to the City; does the City have to do what it says or are there exceptions and what exceptions can we use or give for not following? Fire Marshal Kohner stated the State Fire and Building Codes are referred to as a mini /max law where the local authority cannot be more or less stringent than the State Code. He then read the section of code. Associate Planner/Environmental Coordinator Anderson stated the current permit was granted for three years to allow time to install the fire suppression. Discussion ensued regarding the term length of the interim use permit. Discussion ensued regarding the water supply available to the building. Planning Commission/November 3, 2011 Page2of4