06-25-1997 Planning Commission Minutes

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• MINUTES OF THE BOARD OF APPEALS MEETING HELD JUNE 25, 1997 Bellows noted the Kid's Art Studio currently occupies the first floor and the Environmental School is set up on the second floor. Erickson, parent and co- founder of the Environmental School, responded that the City was aware that the Environmental School was setting up and they had Council permission. Schneider stated he was willing to comply with the code work. Kohnen asked why there was a problem with the occupancy change. Schneider replied that the building, as it stands, is not required by code to be sprinkled. However, the City of Orono has adopted a special provision of the code that would require sprinkling, regardless of the UBC requirements. Schneider noted there have been no changes to the building and it has been in consistent occupancy. The biggest issue is if the City requires the building to be sprinkled there is no City water. The only alternative is to try to fit 3 -4,000 gallons of water in the building in a tank that is 7' x 25' which is impossible to do. Schneider is willing to bring the building up to code in terms of proper exiting and use of the building. The basement will not be used. Bellows noted that education was probably the only use for the building but the current conditions • make her nervous. Many times it has been mentioned to bring the building up to code yet it has never happened, which is why no certificate of occupancy has been issued. Once again the owner says he will bring the building up to code. She was unsure if he would be able to afford to do so. Kohnen felt the occupancy had not changed from the F -3 classification. Schneider responded that since 1989 he has relied on documents from the City listing the use as E -2. He has never been cited for any code violations. Atelier LeSueur failed to provide ramps which it was required to do. He did not think it was fair to make the statement that no one has ever brought the building up to code. Oman commented that there are other facilities in the City that have water tanks to address the sprinkler requirement such as a marina, church, day care and golf course maintenance building. Schneider stated the criteria was not met in 1976 for a change in occupancy. He added that a change in occupancy triggers much more restrictive requirements. Bellows noted Section 3401 states "provided such continued use is not dangerous to life." She felt the point of the sprinkler was because the building is a potential fire hazard. Two vulnerable populations are children and those hospitalized which is why restrictions for those groups are more stringent. Grace stated that other parts of the state would allow him to build similar wood structures without • sprinkler systems. 7