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Item No: 6 Meeting Date: January 7, 2004 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Review and Discuss Issues Associated with Commercial Tents and Membrane Structures Introduction: This item is being brought to the Commission for review and discussion in response to issues associated with the presence of a permanent outdoor membrane structure on the Mermaid property. The City Code is silent on tents and other non-permanent structures in commercial districts so the purpose of this review is twofold—to address the tent at the Mermaid and to regulate any future tents which may be erected in the City. Discussion: The tent in question, a 40-foot by 100-foot (4,000 square foot) metal framed, membrane protected, clear-span tent structure is located next to the east side of the complex between the original Mermaid building and the new Hotel addition, in an area that had been designated as a courtyard in the development plans approved by the City Council. (Refer to Exhibit A, Photographic Documentation.) During the planning approval process, Mr. Dan Hall, owner and operator of the Mermaid Entertainment facility, had indicated that he envisioned outdoor ceremonies and receptions in the courtyard area but made no mention of a tent in this area as a permanent fixture. Upon erection of the tent in 2002, staff contacted Mr. Hall and communicated that the tent was not compliant with the City Code in that such structures were addressed in the Zoning Code. Staff further indicated that the Planning Commission and City Council would need to review the issue of tents in commercial districts and make a determination as to whether they should be permitted, and if so, under what conditions. Until that occurred, Mr. Hall was told the tent could remain on a temporary basis so long as fire code issues could be satisfied. Mr. Hall indicated he would like to be involved when the Planning Commission and City Council discuss the issue of commercial tents. (Mr. Hall was notified and invited to attend the Planning Commission’s January 7, 2004 meeting.) Fire Code Issues: The City’s Fire Marshal, Kathi Osmonson, has researched the issue of temporary membrane structures and communicated with Mr. Hall in an effort to ensure the tent complies with all applicable codes (refer to Exhibits B and C, Fire and Building Codes, respectively.) Letters were sent to Mr. Hall in an effort to gain compliance on the Fire regulations and to ascertain whether Mr. Hall intended the tent to be a permanent fixture, in which case more stringent code provisions would prevail (refer to Exhibit D). A May 22, 2003 letter from Ms. Osmonson summarized these various requirements for Mr. Hall (attached as Exhibit E.) At a City Council meeting on June 9, 2003, Mr. Hall appeared before the Council asking for clarification on Code issues as well as to express his frustration with the City’s efforts to achieve code compliance (refer to Exhibit F, excerpt of minutes from June 9 meeting.)