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MINUTES OF THE BOARD OF APPEALS MEETING <br /> HELD JUNE 25, 1997 <br /> Bellows felt the occupancy was closest to F-2 because that is where the most work has been done. <br /> Kohnen asked how Schneider found out there was a change of occupancy. Schneider responded that <br /> he applied for a conditional use permit which triggered the upgrade. He had met with Oman on site <br /> and talked with City staff on several occasions and there always seemed to be confusion about what <br /> had to be done. Oman responded that he had told him the first thing to do was have an architect <br /> review the building, and he would approve or disapprove their findings. Schneider added that <br /> originally they were going to go off the plans on file at the City and would only be required to <br /> provide handicap accessibility. The occupant load did not require an elevator. <br /> Bellows asked about early use of the building. Oman responded that City records show it was used <br /> as a public school prior to 1971 and was a C-1 occupancy(would be E occupancy by today's code). <br /> Schneider noted there were no cooking facilities,lab facilities or open flame situations produced in <br /> the building or by school usage. It is well exited and windowed. They are adaptable about how the <br /> building is used and where the teaching should be done. From the 1994 CUP, a handicap ramp and <br /> handicap toilet rails remain to be completed. Oman�oted that a full report had not been received <br /> from the architect. <br /> Bellows referred to the Apri15, 19761etter from Alan Olson to Betty Chandler stating the schedule <br /> will allow the building to be classified as Occupancy Group F-2 with a B-3 assembly room on the <br /> second floor,with construction proceeding toward this end. A second basement exit was the only <br /> major item yet to be completed. Schneider was unsure what they were referring to and explained <br /> there was one exit that goes directly to the outside from the basement and the other is a stairway to <br /> the first floor. <br /> Bellows asked about the code in 1976. Schneider responded that a certificate of occupancy had to <br /> be issued. He noted that a certificate of occupancy had been issued to 2240 North Shore Drive, <br /> Minnetonka Art Center, in 1978 for a completed project. Bellows noted that there had to be <br /> someone who followed through to see that a certificate of occupancy was actually issued and may <br /> not just automatically happen. <br /> A friend of Schneider's, Greg Rye, commented that he has worked with City government for 15 <br /> years. He did not feel Schneider should be held responsible for improvements not completed by <br /> previous owners. The City is ultimately responsible for the enforcement of code requirements. He <br /> felt the issues could be resolved in a positive way. The building official can check to be sure <br /> improvements are completed. <br /> Schneider stated he had never been contacted about any violations of the conditional use permits or <br /> in operations. Oman responded that a residential day care does not require a license. <br /> 9 <br />