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File #: RLH FCO 11-560    Version: 1
Type: Resolution LH Fire C of O OR Correction Order Status: Passed
In control: City Council
Final action: 12/21/2011
Title: Appeal of David Leventhal of Cecil's Delicatessen to a Fire Certificate of Occupancy Correction Order at 651 CLEVELAND AVENUE SOUTH.
Sponsors: Pat Harris
Ward: Fire C of O Letter, Ward - 3
Attachments: 1. 651 Cleveland Ave S.Letter.11-30-11.pdf, 2. 651 Cleveland Ave S.Fire Inspection Orders.10-13-11..pdf, 3. 651 Cleveland Ave S.Master Rpt Old Appeal.12-1-11.pdf, 4. 651 Cleveland Ave S.Appeal.10-19-10.pdf, 5. 651 Cleveland Ave S.Fire Inspection Orders.10-12-10, 6. 651Cleveland Ave S.LH Ltr.3-31-10.pdf, 7. 651Cleveland Ave S.LH Ltr.10-27-10.pdf, 8. 651Cleveland Ave S.LH Ltr.12-13-10.pdf
Related files: RLH VO 14-1
Title
Appeal of David Leventhal of Cecil's Delicatessen to a Fire Certificate of Occupancy Correction Order at 651 CLEVELAND AVENUE SOUTH.

Date of Order(s)
October 13, 2011

Inspector/Key Staff
Kris Skow-Fiske

Legislative Hearing Staff Comments
This resolution is follow-up on a case started in 2010, the record of which is referenced for review.

Variance Recommendation
Yes, they embedded in resolution.

Body
WHEREAS, in the matter of the appeal of David Leventhal of Cecil Delicatessen to a Fire Certificate of Occupancy Correction Order at 651 Cleveland Avenue South, the Legislative Hearing Officer has reviewed the appeal and considered the testimony of City staff and the appellant; and

WHEREAS, the Legislative Hearing Officer recommends that the appeal be denied on the occupant load maximum of 65, as well as the number of chairs and tables availbale in the restaurant area; and

WHEREAS, the Legislative Hearing Officer recommends that the following conditions be met in order that a variance allowing a maximum occupant load of 75 be granted:

1) There is currently no fixed seating in the restaurant. Fixed seating would need to compose 1/3, or at least 25, of the available seats;
2) The signage for exiting through the kitchen area needs to be substantially improved so it explicitly indicates the direction of the exit, given there are 2 turns necessary to leave the restaurant through that area;
3) The table and chairs nearest the kitchen are to be removed, and the area remain open as a passage-way;
4) The occupant load sign must be removed and replaced (as specified above); and
5) The seating area located to right upon entrance into the restaurant should be re-configured to both decrease the number of seats (we discussed at least 12 seats) and increase the width of the isles between the tables.

WHEREAS, the Legislative Hearing Officer recommends that the following conditions be met in order that a variance allowing a maximum occupant load of 80 be ...

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