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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 deternune 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 /> 1 <br />