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J .L 1L1LL11 t1_LX iXlRE,,,, <br /> Mr. John Cunningham <br /> August 30, 2012 <br /> Page 4 <br /> 1.1. Prevent oxygen concentrations from reaching 8 percent or more by <br /> volume. <br /> 1.2. Keep the temperature of the solvent at least 30°F (16.7°C) below the <br /> flash point. <br /> 1.3. Maintain the solvent vapor concentration at a level lower than 25 <br /> percent of the lower explosive limit(LEL). <br /> 1.4. Utilize equipment approved for use in Class I, Division 2 hazardous <br /> locations in accordance with NFPA 70. <br /> 1.5. Utilize an integrated dry-chemical, clean agent or water-mist <br /> automatic fire-extinguishing system designed in accordance with Chapter <br /> 9. <br /> 2. An automatic sprinkler system shall not be required in Type III-13 dry <br /> cleaning plants where the aggregate quantity of Class III-13 solvent in dry <br /> cleaning machines and storage does not exceed 3,300 gallons (12 490 L). <br /> IFC § 2108.2 (2012). (bold text and italics in original) The Leadens' dry cleaning system is <br /> certified for compliance with the exception to Section 2108.2 of the 2012 Fire Code identified <br /> above. As noted above, the most recent fire code promulgated by the NFPA would also permit <br /> use of the Leadens' dry cleaning system without a sprinkler system. <br /> Through the adoption and promulgation of the most recent edition of the fire code, the <br /> IFC recognizes that neither the safety of the public nor the occupants of the Property will be <br /> jeopardized by the use of the Leadens' dry cleaning system without a sprinkler system. Other <br /> jurisdictions, most notably the City of Philadelphia, have amended their fire codes to allow the <br /> use of the Leadens' dry cleaning system without a sprinkler system. Accordingly, the Leadens <br /> fulfill the requirement that the requested variance not jeopardize the safety of the public or the <br /> occupants of the Property. <br /> c. An Undue Hardship will Result to the Leadens without the Requested <br /> Variance. <br /> The third requirement for the granting of a variance is that an undue hardship will result <br /> to the applicant unless the variance is granted. Minn. Stat. § 299F.011, subd. 5 (2012). Chapter <br /> 299F does not define "undue hardship." However, in the context of zoning variances, the <br /> Minnesota Legislature recently amended Minn. Stat. § 462.357, subd. 6 to define "undue <br /> hardship" as "practical difficulties" created when the applicant proposes to use the subject <br />