Consider Amending Resolution #11-11-234 related to the Operation of a Church in the B-1 Business District on the Property Located at 5900 167th Ave NW; Case of Rum River Retail Ventures, LLC

On November 22, 2011, the City Council approved Resolution #11-11-234 authorizing an Interim Use Permit (IUP) related to the operation of a church in the B-1 Business District.  Term #4 of the IUP outlines certain benchmarks that must be satisfied related to the installation of a fire suppression system prior to the expiration of the IUP.  However, that same term also references MN State Building Code Chapter 1306.  On tonight's agenda is an ordinance to repeal Chapter 1306 of the MN State Building.  Should the City Council adopt the ordinance repealing Chapter 1306, fire suppression would, in this instance at least, still be required per MN State Building Code, due to the change of use and occupant load.  Thus, to ensure that there is no ambiguity, term #4 of the IUP should revised to simply reference MN State Building Code.

Staff recommends that City Council direct Staff to amend Resolution #11-11-234 to only reference MN State Building Code rather than Chapter 1306 specifically, contingent upon approval of the property owner.  Staff has had discussions with the Property Owner, who is agreeable to the correction of this term.

Staff wants to reiterate that this amendment, if approved, is only intended to eliminate a reference to Chapter 1306 and does not eliminate the fire suppression requirement.  Due to both the change in use and occupant load, a fire suppression system is still required under the provisions of MN State Building Code. 

Motion to direct Staff to amend Resolution #11-11-234 to only reference MN State Building Code rather than Chapter 1306 specifically, contingent upon approval of the property owner.