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) Smith asked what the building inspector required. Van Zomeren said the building would require interior steps and a fire escape under the B2, which is not as extensive as the requirements under the E -2. Lindquist noted that the applicant questioned the classification change from B2 to E2. Schneider asked the Commission to proceed with the application as recommended, and he would work with the building inspector. Smith informed him that if the building was classified E2, there would be areas where compliance with regulations would be required. Schneider said he did not know if he could make those improvements and might possibly have to sell the property. The tank and heated building for the tank would be prohibitively expensive. During public comments, Van Erickson informed the Commission that the building is old and felt the number of fire exits was adequate for safety. He did not believe the building should be required to have a sprinkler system. There were no additional comments. Lindquist asked the applicant if he had reviewed the recommendation and conditions. • Schneider said he had some disagreement but asked the Commission to move forward, and he would work to resolve those issues. Berg inquired of Schneider if the issue was the code or occupancy. Schneider said it was the code as it changed the occupancy. Van Zomeren said the change to the CUP triggers the need for an amendment regarding occupancy and building codes. A member of the Lake Minnetonka Environmental School Board asked that the certificate of occupancy be supplied without all of the work completed as parents of the children will be performing some of the required work. Lindquist informed her that the Planning Commission does not have this authority, and the matter would have to be taken up with the Building Inspector. Van Zomeren indicated that it was a liability issue. Sherokee Ilse asked if this request was not possible, if the school could hold open houses. Lindquist again related that the Commission does not have the authority to waive Building Code requirements. Smith indicated that the interpretation of the code would be by the State. Schneider disagreed in that he felt the issue was the adult versus children occupancy. He believed the issue will have to be reviewed by the City Attorney. He informed Stoddard that the recommendation could be subject to building codes. Schroeder said he was in support of the use itself He asked if there were any significant changes to hours or otherwise. Schneider said there would be no change to hours and • people in attendance. 15