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