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06-25-1997 Planning Commission Minutes
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06-25-1997 Planning Commission Minutes
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• MINUTES OF THE BOARD OF APPEALS MEETING <br />HELD JUNE 25,1997 <br />ROLL <br />The Orono Board of Appeals met on the above date with the following members serving on the <br />Board: Maureen Bellows, Loren Kohnen and Ken Roelofs. The following represented City staff: <br />Building Official Lyle Oman, Public Services Director Greg Gappa and Recorder Lin Vee. The <br />meeting was called to order by Building Official Lyle Oman at 5:03 p.m. <br />Oman explained that the applicant is appealing the City's position that the proposed private school <br />use is a change in occupancy classification from B -2 to E -1. The new use and change in <br />classification requires compliance with the current Building Code. He noted the building has always <br />been used as a school but under different occupancy classifications. The proposed use would bring <br />it back to an E -1 classification, possibly E -2, depending on the number of people in the building. <br />Bellows asked if the matter had been before Council. Oman responded that Council had approved <br />an amended conditional use permit. <br />The applicant, Martin Schneider, explained his position and views of the issue. When the occupancy <br />issue was before the Planning Commission, they referred it to Council. When Council approved the <br />• CUP, they suggested the Board of Appeals would be the proper authority to determine the occupancy <br />classification. <br />Schneider referred to the packets of information presented to the Board members. He believes the <br />Old Hill School has always been an E -1 occupancy and has never changed. Three criteria will be <br />satisfied to support his position: <br />1. City documents. <br />2. Facts of the actual use. <br />3. Code. <br />He has owned the building since 1989 with the following occupants in the building: <br />1989 -1990 - Leased to Art Center of Minnetonka <br />1990 -1993 - Leased to Kid's Art Studio and American Dance Center <br />1993 -1994 - Leased to Atelier LeSueur Art School <br />1994 -1996 - Owned by Atelier LeSueur Art School under Contract for Deed <br />1997 - Default on Contract for Deed by Atelier LeSueur and building reverted to <br />Schneider's ownership <br />He noted Oman's chronology of occupancy differed in 1989 -1994, listing the use as a Residential <br />Day Care. <br />• <br />
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