06-25-1997 Planning Commission Minutes

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• MINUTES OF THE BOARD OF APPEALS MEETING HELD JUNE 25,1997 Bellows questioned the E occupancy classification on the building permit. Oman responded it was an error as he had not researched the file completely. A previous building permit was issued as an R -3. He stated that most of the permits he issues fall under that classification and he made an error writing in the code on his review worksheet. Schneider added that in the zoning reviews of 1994 and 1997, the classification was an E occupancy. He referred to a memo dated April 18, 1994 from Lyle Oman and Bruce Vang. Oman responded that prior to the day care use, the original occupancy was educational and classified with a different code at that time. Schneider noted that F -3 is never mentioned. He did not feel the City documents in his Document Package #6 could be relied on. Kohnen asked Oman why he used the B -2 classification. Oman responded that, in his understanding, the E occupancy is for full -time educational purposes while B occupancy is more of a business -type use where there are classes for adults and children for short periods of time. B -2 use is more for profit. Schneider noted that their classes were non - profit. He reiterated the code for E occupancy includes when children are present for 12 or more hours per week or 4 or more days per week. Oman noted • there were students beyond the 12th grade in classes. Schneider agreed. Oman explained that, in his mind, he would consider that a B -2 use. The building code says "Every building whether existing or hereafter erected, shall be classified by the building official according to its use and character." Bellows asked how the Minnetonka Art Center is classified. Oman was not sure and would have to do some research. Grace commented that he could complete the code search if it was an E occupancy and forward a report to the architect, as required with E occupancies. Ilse commented that there was no summer school at the Environmental School but they were having open houses. Erickson added that at a recent Council meeting, the Mayor had directed City staff to expedite this matter. Bellows asked if there was any alternative to the sprinkler. Oman responded that the code doesn't give any leeway. Bellows explained that the B -2 use is the intermittent use by children and adults as an educational facility and is different from the proposed E -2 use. Schneider responded that he has shown that an E -2 use existed while it was classified as B -2. • 11