05/29/2007 Council Packet - Laserfiche WebLink

Home Search

• • • AGENDA ITEM 3Ai STAFF ORIGINATOR: Administrator Gordon Heitke MEETING DATE: May 29, 2007 TOPIC: Request for Variance From State Fire Code VOTE REQUIRED: 3/5 BACKGROUND Mr. Chad Wagner has applied for a variance from the state fire code related to the placement of a temporary tent structure for the purpose of occupancy for a concert/dance, in conjunction with his special event permit application. Minnesota Laws Chapter 299F.011, Subd. 5 (attached) establishes a procedure for the State Fire Marshal to grant variances from the minimum requirements specified in the state fire code in cases where "there is substantial compliance with the provisions of the code, the safety of the public and occupants of such building will not be jeopardized, and undue hardship will result to the applicant unless such variance is granted ". The law further states that "governing bodies are not liable for damages in connection with granting variances, abatements, denials, or modifications of orders from the fire code that are made in good faith ". The procedure for application to the State Fire Marshal requires that the applicant first make application to the local governing body and that action be taken by that body. The Fire Marshal's Code Advisory Panel will review the application at its monthly meeting (next meeting is June 11) and will make a recommendation to the State Fire Marshal. The State Fire Marshal shall consider any decisions or recommendations of the local governing body. The applicant is requesting to vary from the 20 foot minimum setback requirement from the north property line. The reasons for the variance request are set forth in the applicant's letter and shown on the applicant's site plan (both attached). RECOMMENDATION Staff finds that this request conforms to the requirements for application to the State Fire Marshal for a variance from the State Fire Code. Staff finds that the variance requested is the minimum variance necessary to accommodate the proposed tent structure and the impact of the variance on public safety is minimized due to the area and location for occupancy exiting.