04/28/2008 Council Packet - Laserfiche WebLink

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• AGENDA ITEM 3A STAFF ORIGINATOR: Administrator Gordon Heitke MEETING DATE: April 28, 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 Blue Heron Days festival 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 or local governing bodies to grant variances from the state minimum requirements 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 ". 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). Historically, Mr. Wagner applied for the same variance in conjunction with his 2007 event and the variance was granted by the State Fire Marshal. However that same office is informing the city at this time that when the 2007 variance was granted, "....it was for that year's event only..." and they are advising city staff that there is no need to submit a request for the same variance since they've already reviewed the matter and offered their opinion in 2007. Their position is now that the City Council is to be the final decision authority on the variance application. (The attached correspondence from the State Fire Marshal to Mr. Wagner was unknown to city staff until recently.) Mr. Wagner has been informed that the decision on his request for a variance from the Fire Code will rest with the City Council this year. To prepare for Council consideration, staff has: received a verbal request from Mr. Wagner that the Council hear his appeal (Mr. Wagner's written request to the State Fire Marshal is attached);