06-25-1997 Planning Commission Minutes

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. MINUTES OF THE BOARD OF APPEALS MEETING HELD JUNE 25,1997 Bellows felt the occupancy was closest to F -2 because that is where the most work has been done. Kohnen asked how Schneider found out there was a change of occupancy. Schneider responded that he applied for a conditional use permit which triggered the upgrade. He had met with Oman on site and talked with City staff on several occasions and there always seemed to be confusion about what had to be done. Oman responded that he had told him the first thing to do was have an architect review the building, and he would approve or disapprove their findings. Schneider added that originally they were going to go off the plans on file at the City and would only be required to provide handicap accessibility. The occupant load did not require an elevator. Bellows asked about early use of the building. Oman responded that City records show it was used as a public school prior to 1971 and was a C -1 occupancy (would be E occupancy by today's code). Schneider noted there were no cooking facilities, lab facilities or open flame situations produced in the building or by school usage. It is well exited and windowed. They are adaptable about how the building is used and where the teaching should be done. From the 1994 CUP, a handicap ramp and handicap toilet rails remain to be completed. Oman noted that a full report had not been received from the architect. Bellows referred to the April 5, 1976 letter from Alan Olson to Betty Chandler stating the schedule will allow the building to be classified as Occupancy Group F -2 with a B -3 assembly room on the second floor, with construction proceeding toward this end. A second basement exit was the only major item yet to be completed. Schneider was unsure what they were referring to and explained there was one exit that goes directly to the outside from the basement and the other is a stairway to the first floor. Bellows asked about the code in 1976. Schneider responded that a certificate of occupancy had to be issued. He noted that a certificate of occupancy had been issued to 2240 North Shore Drive, Minnetonka Art Center, in 1978 for a completed project. Bellows noted that there had to be someone who followed through to see that a certificate of occupancy was actually issued and may not just automatically happen. A friend of Schneider's, Greg Rye, commented that he has worked with City government for 15 years. He did not feel Schneider should be held responsible for improvements not completed by previous owners. The City is ultimately responsible for the enforcement of code requirements. He felt the issues could be resolved in a positive way. The building official can check to be sure improvements are completed. Schneider stated he had never been contacted about any violations of the conditional use permits or . in operations. Oman responded that a residential day care does not require a license. 9