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decision on a de novo basis, some practical deference to the <br />local building authorities is probable. Modifications to fire <br />safety requirements is, according to the Department of <br />Administration, extremely unusual. A staff member at the <br />Department of Administration cannot recall an instance where the <br />department reversed a completely discretionary decision by a <br />local building official. Finally, the cost of appeal is <br />substantial. These same factors make a court appeal even less <br />realistic because both the standard of review and costs will go <br />UP. <br />In summary, the City appears on sire-ig ground in <br />denying Trinity Lutheran Church's request fora variance for the <br />State Building Code. The church has an appeal right to a Board <br />of Appeals that the City has not yet formed. The CiLy shoulr <br />form a Board and permit the church its appeal. <br />If you have any questions on the above, please let us <br />know. <br />BKW/sjm/4770j <br />