06-25-1997 Planning Packet Appeals

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ORONO BIULDING CODE BOARD OF APPEALS June 25 1997 2180 NORTH SHORE DRIVE - OLD HILL SCHOOL The owner of the building at 2180 North Shore Dri\ e 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 th at 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 1971 to 1989 1989 to 1994 1994 to 1997 Building used as Public School C-1 Occupancy Classification - Any building used for educational purposes th rough the 12th grade by 50 or more persons for more than 12 hours per week or 4 hours in any day (exhibit A) 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 (exhibi ts B1 to B19). Building used as a Residential Day Care. R-3 Classification - Dwellings and Lodging Hou.ses (exhibit C) 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 12ih grade w ith less than 50 occupants in any room Owners moved in without City's know'ledge. The City attempted to get code compliance to allow the occupants to remain in the building. I heir 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). 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 w ith the requirements of the code for the proposed new' occupancy. 1997