HomeMy WebLinkAbout06-25-1997 Planning Commisison Work SessionORONO BUILDING CODE BOARD OF APPEALS
June 25 1997
2180 NORTH SHORE DRIVE - OLD HILL SCHOOL
The owner of the building at 2180 North Shore Drive in Orono is requesting a hearing before the
board of appeals. He has an occupant that is proposing to use the building for a private school for
children. The city is considering the new use as a change of occupancy. The building code requires
that a building must meet building code requirements for the new occupancy. The following is a
history of the occupancies of the building.
18 ?? to 1971 Building used as Public School
C -1 Occupancy Classification - Any building used for educational purposes
through the 12th grade by 50 or more persons for more than 12 hours per
week or 4 hours in any day (exhibit A)
1971 to 1989 Building owned by Minnetonka Art Center
F -2 Occupancy Classification - Buildings or portions of buildings having
rooms used for educational purposes, beyond the 12th grade with less than
50 occupants in any room (exhibit B) Building permits were issued and they
remodeled the building to bring it into compliance for occupancy change
• (exhibits B 1 to B 19).
1989 to 1994 Building used as a Residential Day Care.
R -3 Classification - Dwellings and Lodging Houses (exhibit C)
1994 to 1997 Building bought on contract for deed by Atelier LeSueur Inc. for use as a
Fine Arts School.
B -2 Occupancy Classification - Buildings or portions of buildings having
rooms used for educational purposes beyond the 12th grade with less than 50
occupants in any room. Owners moved in without City's knowledge. The
City attempted to get code compliance to allow the occupants to remain in the
building. Their architect proposed it as a B -2 occupancy and the City
classified it as a B -2 occupancy. Atelier LeSueur subsequently moved out
prior to issuance of a certificate of occupancy (exhibit D).
1997 The building is now proposed to be used as a private school for children.
E -1 Classification - Any building used for educational purposes through the
12th grade by less than 50 persons for more than 12 hours per week or 4
hours in one day (exhibit E).
The City's position is that Atelier LeSueur was a B -2 occupancy and the proposed use is an E -1
• occupancy. Per the Uniform Building Code Section 3405 (exhibit F), when an occupancy
classification changes, the building is required to comply with the requirements of the code for the
proposed new occupancy.
0 The applicants have presented two arguments. They are as follows as I understand them:
1) The classification didn't change when Atelier LeSueur occupied the building because
they were not issued a certificate of occupancy.
The City's position is that Atelier LeSueur's architect proposed it as a B -2 occupancy.
The City classified it as a B -2 occupancy, and it was occupied for over two years as
a B -2 occupancy. The building has been through three occupancy changes since it
was used as an elementary school. To revert back to the original use that last existed
prior to 1971 with out updating the building to meet code requirements is in violation
of the building code.
2) The building should not have been classified as a B -2 occupancy when Atelier
LeSueur occupied the building because it was not just adults in the building but
children also.
The City's position is that it would have been classified as a B -2 regardless if there
were children enrolled with the adults or not, because it was not all children full time.
The Board's role in this matter is to decide if there is a change of occupancy with the proposed
private school use. It is not the role of the Board to decide if code requirements involved with the
change of use are valid or not. See exhibit G for Building code board of appeals authority and
• limitations.
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