4.2. PCSR 09-11-2012 - Laserfiche WebLink

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Leeseberg, Chris From: Barnhart,Jeremy Sent: Wednesday,September 05,2012 1:34 PM To: 'Matthew A.Anderson' Cc: Mark Leadens; mark leadens; Ruprecht, Bob;Cunningham,John; Leeseberg, Chris Subject: RE: Case No.CU 12-15; Mark and Penny Leadens' (Nature's Dry Cleaning) application for a conditional use permit Mr.Anderson, I understand your position. Staffs recommendation will be include a recommended condition that the building comply with applicable building and fire codes.The staff report will note your issue with the language and the Planning Commission and City Council can discuss whether your language is adequate. I should note, however,that the City will be granting a CUP for a dry cleaning operation on the property, not solely for Mr. Leadens operation. Should your client wish to move,the CUP for a dry cleaning still stands,for at least 6 months. A new user may not be using the same chemicals that Mr. Leadens does. It is my understanding that if the variance is approved by the state,that verdict would state that the use complies with building and fire codes. Jeremy Barnhart, AICP I Planning Manager 763.635.1034 w I 763.635.1090 f 13065 Orono Parkway I Elk River I MN 1 55330 Putt tIII NAME er From: Matthew A. Anderson [mailto:maaCamcmlaw.comj Sent: Wednesday, September 05, 2012 1:25 PM To: Barnhart,Jeremy Cc: Mark Leadens; mark leadens Subject: Case No. CU 12-15; Mark and Penny Leadens' (Nature's Dry Cleaning) application for a conditional use permit Mr.Barnhart: We understand (1) that the City of Elk River expects to condition approval of the above-referenced application on compliance with fire codes; (2) that under the 2006 fire code an automatic sprinkler system would be required; and (3) that the cost of a sprinkler system may be prohibitively expensive. Instead of requiring that we comply with the 2006 fire code (and install an automatic sprinkler system)as a condition for approval, we would prefer that the City of Elk River condition our approval on Mark and Penny Leadens obtaining a variance from the 2006 fire code,so that a sprinkler system would not be necessary. You have a copy of our fire code variance request,which I emailed you yesterday. I will not repeat the substance of that request here, except to say that Nature's Dry Cleaning's "IPURA" system is cutting-edge technology which would not require a variance under the more recent 2012 fire code. The updated 2012 code changes have not yet been adopted by our state and incorporated into the Minnesota Fire Code. At this point we are anticipating the sprinkler system cost to be expensive because the wood frame building would require "double" sprinklers, and also because we would require a 6" water main running to the building (instead of