05-19-1997 Planning Commission Minutes

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• MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 ( #11 - #2235 Martin Schneider - Continued) Van Zomeren reported that the application is for an amendment to a conditional use permit originally issued in 1984 to allow for a non - conforming use of the structure as an arts school. The current proposal is a change from one non - conforming use to another use by the Lake Minnetonka Environmental School. The change of occupancy changes the Building Code classification from B2 to E2 which requires improvements to the building for handicap access and life safety standards. Van Zomeren asked the Commission to review hours of operation and parking that would result in any new impacts. Van Zomeren said Staff recommends approval of the amendment to the CUP subject to standards and conditions 1 and 2 regarding certificate of occupancy and amendment if any changes occur to the CUP. Review of the plans are also required. Martin Schneider informed the Commission that the building is the Old Hill Schoolhouse. He explained the background of the building and its use by the art center. He sold the building in 1994 but gained it back in February, 1997. Schneider said he does not believe there is any change in the occupancy. He indicated the age group had not been previously specified. B2 allowed for adult education but children were the majority attendants. Schneider said the change in occupancy will require the fire code regulations to go into effect requiring a fire suppression system. The property does not have city water and • would require pressure tanks. While he supports the need to provide handicap access ramps and bathroom, he objects to the fire code regulation due to major expense and what he feels is not a change in occupancy. Lindquist informed him that the Planning Commission has no authority over these requirements. t Van Zomeren said no variances are allowed from the Building Code. The code requires a 2 -story structure in the E2 classification to meet certain standards including a sprinkler system. Van Zomeren referenced a letter from Building Inspector, Lyle Oman, regarding this issue. Schroeder informed the applicant that the Planning Commission is only to consider what the future use will be. If the E2 requires fire suppression equipment, children cannot be put at risk. What has occurred in the past, whether right or wrong, does not affect this application. Stoddard noted that the fire suppression system involves building code requirements beyond that required by the City. Van Zomeren noted that the art school had moved into the building without a certificate of occupancy. Letters from the Building Official had been sent to the art school regarding required improvements that were not made over a three year period. 14