04/14/2008 Council Packet - Laserfiche WebLink

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• • AGENDA ITEM 3G STAFF ORIGINATOR: Administrator Gordon Heitke MEETING DATE: April 14, 2008 TOPIC: Request for Variance from State Fire Code VOTE REQUIRED: 3/5 BACKGROUND Mr. Chad Wagner, owner of Miller's on Main at 8001 Lake Drive, has submitted plans to hold a music /dance event at his business on August 15 -16, 2008, the same weekend that the city festival, Blue Heron Days may be held (no applications for that event have been received as yet). As part of the application process, Mr. 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 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 would then review the application at its monthly meeting and make a recommendation to the State Fire Marshal. The State Fire Marshal does consider any decisions or recommendations of the local goveming body. In this case, Mr. Wagner 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). Mr. Wagner applied for the same variance in conjunction with his 2007 event; the variance was granted. The State Fire Marshal's Office is informing the city at this time, however, that when the 2007 variance was granted, "....it was for that year's event only and future activities will need to address the distance separation issue..." and they would prefer not to receive an annual variance request.