Agenda - Planning Commission - 02/02/2012

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7.02: 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 Environmental Coordinator Anderson reviewed the staff report. Councilmember McGlone stated his rationale for opposing this request based on concern for the occupants since the building would not have a fire suppression sprinkling system. Fire Marshal Kohner answered questions of the Council relating to the application and Chapter 1306 of the Building Code, the requirement for a fire suppression sprinkling system. He clarified he is not opposed to a 9 -month temporary permit, which can be granted if agreed upon by the Fire Chief and Building Official. Environmental Coordinator Anderson explained, if approved, the permit would go into effect January 3, 2012, so it would expire on October 3, 2012. The Planning Commission recommended the Council consider waiving the future application fee should they follow through with installation of the fire suppression system and want an extension. Staff would not be opposed to the extension once the system is in place and operational. Councilmember Tossey indicated he had been opposed to this request when first presented; however, after speaking with the building owner and being assured the building owner would pay for the fire suppression system he was comfortable supporting this application. Building Official Kaehler explained Chapter 1306 was optional and adopted by Ramsey in 2005 so the City had the ability to amend, if desired. He answered questions of the Council relating to the "temporary" status of this use. The Council discussed the application and noted that the first deadline is March 1, 2012, and failure to meet any one of the benchmarks would be cause to bring it back to the Council. Motion by Councilmember Elvig, seconded by Councilmember Tossey, to adopt Resolution #11- 11-233 Adopting Findings of Fact #0895 Relating to a Request to Allow for the Operation of a Church in the B -1 Business District and to adopt Resolution #11-11-234 Approving the Issuance of an Interim Use Permit to Allow for the Operation of a Church in the B -1 Business District Based on Findings of Fact #0895, and Declaring the Terms of Same. Motion carried. Voting Yes: Acting Mayor Wise, Councilmembers Elvig, Tossey, Backous, and Strommen. Voting No: Councilmember McGlone. Absent: Mayor Ramsey. 7.03: Consider Use of City Septic System Repair Policy for a Failing Septic System at 16361 Ferret Street NW City Engineer Himmer reviewed the staff report. The Council discussed the request and asked questions of staff. City Council / November 22, 2011 Page 5 of 9