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- 2 - <br /> <br />or may even exceed that size, in whch event a loading berth <br />is required. <br /> <br />5. Building Design & Construction <br /> <br />Section 170.014K subd. 5, provides that any commerical/ <br />industrial building shall have exterior wall finshes of: <br /> <br />Face brick <br />Natural stone <br />Precast concrete units treated with decorative material <br />or texture <br />Factory fabricated and finished metal framed panel <br />construction if the panel material is to be any of the <br />above three types <br />Other materials approved by the City Council <br /> <br />The newest building on the site does not have an exterior <br />wall finish in accord with any of the options listed above. <br /> <br />6. State Buildin~ Code <br /> <br />The City's building inspector advises me that the State <br />Building Code requires toilet facilities when a building is <br />used for retail trade. The new building is apparently used <br />for retail trade and it has no toilet facilities. <br /> <br />7. State Bulldin8 Code <br /> <br />The connection between the new metal building and the <br />existing adjacent building was done without a building <br />permit. <br /> <br /> In my opinion, the Planning Commission should recommend <br />enforcement of all those items in paragraphs 2 - 7 above. <br /> <br /> With regard to Paragraph ~ 1 above, it would seem that the <br />City could have avoided the setback problem had the City's <br />building inspection department paid closer attention to this <br />issue. I believe the only way to resolve this particular issue, <br />at this time, is to consider and grant a variance. The City's <br />records would at least then show that this problem has been <br />recognized. <br /> <br /> I believe that, as has been suggested, Mr. Hickman of Plants <br />& Things should be invited to a Planning and Zoning Commission <br />meeting to discuss the code violations and hopefully work out an <br />amicable solution with him. In the event this does not work, you <br />may want to refer this matter to my office for legal action to <br />force compliance. <br /> <br /> <br />