04/14/2008 Council Packet - Laserfiche WebLink

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• • • Memorandum To: City Council From: Gordon Heitke Date: April 11, 2008 Re: Variance from Fire Code fWe1dy Re. rce,ci ev, `I -1I —vd Staff has received additional correspondence from the State Fire Marshall's Office yesterday regarding the process for the Miller's on Main request for a variance from fire code requirements. The State Fire Marshall's Office is stating that they will not involve themselves in this issue unless it is appealed to them, "or in some cases when the city doesn't take issue ". Their position now seems to be that the City Council will be the final decision authority. Last year the Fire Chief and city staff was comfortable with the final decision resting with the ultimate authority, the State Fire Marshall's Office. In view of the City Council possibly being the final decision - making authority this time, the Fire Chief and city staff feels that it is in the city's best interest to have the LMCIT Risk Management Attorney review this issue and advise the city of it's risk and any risk control measures. For example, the statute allows for variances to be granted in cases of "undue hardship ". We are seeking guidance on what constitutes "undue hardship ". The statute states that "governing bodies are not liable for damages in connection with granting variances... that are made in good faith" We are also seeking guidance on what constitutes "good faith" in this context. Our concern is that the City not inadvertently assume some unknown liability due to not meeting the legal conditions for the issuance of a variance. It is the intent of the LMCIT Risk Management Attorney to finish reviewing this situation Monday. Staff will be providing an update to council members sometime during the day on Monday. If for some reason, the attorney's review can not be completed prior to the meeting, a decision can be made whether to remove this item from the agenda or act on the request without the information.