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89-193 WHITE - C�TV CLERK PINK � - FINANCE GITY OF SAINT PAUL Council CANARV - DE«ARTMENT � 1 BLUE - MAYOR F11C �0•�_! ��L � ��� � oun il esolution - �J�:� Presented By �'' � ~—�`'� Referred To Committee: Date Out of Committee By Date , e unci o e � y o ain au hereby certifi s and approves the action of the City of Saint Paul Board of ppeals and Review pertaining to the following listed propert� and as shown by the Excerpted Minutes of said Board of Appeals and Review, dated December 13, 1988, and marked EXHIBIT A, and attached hereto and made a part of by reference: DATE OF BOARD MINUTES ASE NO: PROPERTY APPEALED APPELLANT 12/ 13/88 107-88-H 1743 Ames Ave. John G. Klecatsky BOARD ACTION: Refund Filing Fee PROPERTY DESC�IPTION: Haze1 Park j•.t � �r Lots 11 12 and �, , Lot 13 B1k 1 `� � , �: �, __�_______________.________________ 'a, . . , . 12/ 13/88 108-88-H 2190 Marshall Ave. Theodore Kvasnik BOARD ACTION: I Refund Filing Fee PROPERTY DESC IPTION: Desnoyer Park Ramsey Co. , Minn. Lot 12 Blk 49 ---------------------------------- COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Lo� In Favor Goswitz Rettman s�ne;�e� Against BY Sonnen Wilson Form prov d by City ttorn Adopted by Council: Dat � Certified Passed by Council Se retary BY By Approved by iVlavor: Date �-- _ Approved by Mayo for S mi ion to Council By L ; � � � � � 3 q�lq � � i � DATE OF BOARD MINUTES ASE NO: PROPERTY APPEALED APPELLANT 12/ 13/88 1124-8$-H 71 E. Baker St. JTI Properties J. Deputy BOARD ACTION: IRefund Filing Fee. PROPERTY DESCRIPTION: West St. Paul Biks 100 thru 171 Etc W 35 Ft of Lots 4 and Lot 5 Blk 125 ----------------------------- 12/ 13/88 1119-88-H 2259 Rockwood Ave. Stuart Corp. Jeffery L. Gross BOARD ACTION: �efund Filing Fee PROPERTY DESCRII�TION• C. W. Youngman's �— Rearrangement of Block 2, Palisade addition to St. Paul I vac st 8 ailey accruing 8 fol ; SWLY 13 ft of Lot 7 & all of Lots 8 thru 13 8 part of Lots 24 25 & 26 WLY of a line run from pt on SE line of Lot 24 10 ft NE of SW cor sd Lot to pt on NW line of Lot 26 13 ft NE of NW cor sd Lot 8 all Lots 20 thru 23 all in BLk 7 of Palisade add � in sd C W Youngmans Re; part SLY of RR R/W of Lots 19 thru 24 8� � all of Lots 17 8 Lot 18 -�--------------------------------- 12/ 13/88 lZl'IO-88-H 537-539 Ohio 5t. Robert G. Dahl BOARD ACTION: Granted an extension of time for 6 months (June 1 , 1989) to repair roof and ceiling, also i stalling more electrical outlets. PROPERTY DESCRIPIION: Dawson's addition to 5aint Paul E 2/3 of Lots 1 and Lot 2 Blk 8 I � 'r( �S WHITE - CITV CLERK � PINK. - FINANCE COIInCll CANARV - DE'PARTMENT GITY OF SAINT PAUL � BLUE - MAYOR File NO. � /��" � Council Resolution Presented By I Referred To Committee: Date Out of Committee By Date DATE OF BOARD MINUTES C SE NO: PROPERTY APPEALED APPELLANT 12/ 13/$8 112-88-H 1735 Dayton Ave. Charles Laurents BOARD ACTION: ranted an extension of time for 6 months (June 1 , 1989) to complete work pertaining to roviding a second exit from third floor to rade. PROPERTY DESCRI TION: Skidmore & Cassedy's Park Addition I Lot 11 Blk 1 ---------------------------------- I �'I COUNCIL MEMBERS Yeas Nays A Requested by Department of: Dimond f "'�. �� [n Favor Goswitz Rettman Sc6eibel � Against BY Sonnen Wilson ��B — 7 ,�� Form Appr ed b City Attor ey Adopted by Council: Date � Certified P- - b Council S ar BY gy, A►pprove `b Ylavor. Date ^ �' �� �� Approved by Mayo or mis 'on to Council ! � By RR �,�� �' i i. 1989 �����.�uB ' "�' � � C� 8'`��/9�.3 - � �I_°. �13883 � EPARTMENT . - - - —-- - ' CONTACT NAIrlB ;;� 292-777 PHONE � _�DATE S J ,D � , iC ORUFR: (9ee reverse side.) �. Depertment Directo 3 Mayor (or Assistant) Finance and �anage ent Sgrvices Director � City Clerk Budget Director 5 Citv Council �� City Attorney _ (Clip all locations for signeture.) ? (Purpose�fRationale) Approving the acti n of the B�ard of Appeals & Review of the minutes , of the December 13 1988 meetin+�. 4 refund filing fee . 2 extensions of time : COS N UD AND P O S N/A � I AC V B GED 0 D T D: (Mayor's signature not equired if under $10,000.) Total Amou:tt of Trans ction: n/a Activitq Number: n/a Funding Source: n ATTACHMENTS: � (List and umber all attachments.) One solution with minutes attachec�����fl Research Center JAN 2 5 i��9 ADMTNISTRATIVE P C U _Yes _No Rules, Regulations, Procedures, or Budget Amendment required? _Ye� _No If yes are they or timetable attached? DBPARTMENT RLnIEW CITY AT�QRNEY REV'�L�l _Yes No Council esolution required� Rasoluti+� required? _Yes _No _Yes _No Insurdric required4 Insurance sufficient? _Yes _No _Yes _No Insuranc attached? 5AiNT NAUL BUAkU OF APPEALS 8 REVIEW ��i9,3 555 Cedar Street � g 5aint Paui . Minnesota 55101 (6I2) 29Z-7775 MINUTES, MEETING OF DECEMBER 13 , 1988 MEMBERS PRE ENT: Ron Glassman, Chairman Sean M. Carev Harold Knutson David Schuitz Robert L . Viering MEMBERS A�S�NT: William Tilton OTHE�S PRES�NT: Pat Fish. St. Paul Fire Prevention Hope Abrams , St. Paul Fire Prevention ' Sherry Webb, St. Paul Fire Prevention Steve Zaccard, St. Paul Fire Prevention Jim Prill , Div. of Public Health Carolyn Sheppard, Div. of Public Hea)th John Betz, Div. of Public Health Karen Christofferson, Gov't Affairs Dir. Rachel Nelson Greg Grose Theodore Kvasnik John Czerminger Charles Laurent Bob Uahl Robert Buntz STAF�F : Josephine P. Bongiovanni Chairman Gl' ssman called the meeting to order at 1 :35 p.m. December 13,� 1988. He welcomed the appellants and explained the procedures, �,stating that what the board does is recommends action to the City �ouncil . 1 . Approval' of minutes of the November 8, 1988 meeting as submitte� in writing. David Schul z moved approval of the minutes of the November 8, 1988 meeting� Motion seconded by Robert Viering. MOTION CARRIED UNANIMOUSLY. ! Chairman Giassman, stated that Councilmember Kiki Sonnen suggested t�at the City Attorney attend the meetings of the Board. This is a issue for the Board to decide. Mr. Glassman thought it � was a good idea. Paul McCloskey, from the City Attorney's ffice called Mr. Glassman today and he does not really feel t necessary to attend. Mr. McCloskey stated that he was a phone all away and could be there at a moments notice. Mr. McCloske , stated that he would ) ike the Board to discuss the issue at the meeting, then get back with him. t i Mr . Robert Viering, stated that ifi the City Attorney was near at hand and could be contacted at a moments notice then it would be agreeabie. As long as Mr. Mc�loskey recieves a packet with ali the information reqardinq all the cases for review. After reviewin� ali cases , ifi any questions do arise, then he would atten� the meeting. All Board members agreed that if Mr. McCloskey was available at a moments notice. then it was not necessary to actually attend the meeting. Chairman Glassman suggested a letter be written to Mr . McCloskey stating that the Board feels it is not necessary to physicaliy attend the meetings , as long as the board knows that Mr. McCloskey can be reached. If a guestions arises then Mr. McCloskey would attend the meeting, or if the board specifically requests him to be present. -------------------- Chairman Glassman, informed the board that on November 30, he was requested to attend the Committee of Public Works meeting, where the issue of rainleaders was discussed. At the meeting Mr . Glassman was informed that the Board of Appeals and Review never had the authority to hear any of the cases pertaining to rainleaders. Evidentaliy, when in drafting of the resolution for the Rainleader Disconnect Program it left final discretion with the Sewer Department and absolutely no appeals process. Out of this meeting came some motions. Councilrnember kettman was extremely helpfui and is very concerned about this matter. Chairrnan Glassman, stated that Jerry Segal from City Attorney' s office was requested to re-draft the ordinance giving the Board appeals process . After Mr. Giassman explained to the Committee how the Board did deny almost all appeals, (oniy because the board was told they had to) . Mr. Glassman stated that he suggested that all those who were denied would be reviewed again. The Council will give the board a line of direction pertaining to rehearing these cases again. As of now, the Board can not hear any rainleader requests. • Chairman Glassman, stated that he had a discussion with Councilmember Rettman. and it was suggested that once the Ordinance was amended, the Board would be willing to review all the cases that were previously denied. The board was in the agreement to review all the denied cases. 2 _ . - � , ��� � Mr . Glassm n suggested that a letter be sent to Councilmember Rettman te�linq t�er that the Board is in accord to rehear the cases that �ere denied. Chairman Gl�ssman invited 5teve Zaccara, Fire Marshall to attend the meetir�g to discuss Fire Sprinkler Systems for new constructior� of property. Steve Zacca d, Fire Marshall reflecting on the minutes, of the November 8. 1988 meeting, would like to clear up, what may be a misundersta ding. Council passed two resotutions regarding sprinkilers one was to require that all city funded new constructio should be sprinkler. This was later replaced with one that h d the same stipulation, except that it exempted one and two s�ory commercial occupancy. The requirement would include an� new residential construction funded by the authority of the cit , including single family dwellings, which is what Fire Depar ment feels is needed the most. In the City of St. Paui , and aii across the country most the people who lose their life in a fire is where they live. In order o effect the fire problem in St. Paul , we need to improve fi�e safety in the home, the City Councii passed this resolution. The other one requires that the Fire Department go to the State Legislature and try to get legislation that will enable the f�ire department to make this a matter of code, at the present tim�e no local jurisdiction can exceed the state building code. Spr�inklering a new construction would exceed state building c de requirements. In order to make this a code Fire Prevention �ould have to go to the state. Both resolu ions have been passed, the first resolutions effective d�te is May lst, in the meantime, the Mayor has established a Task Force, for all interested, in this subject to work out how it would be implemented. First meeting took place this week. � which included Steve Zaccard, Karen Christofferson, Builders, U�velopers , Building Officials, and City Department of PED, workin on issues which constitutes new construction. The next meeting' will be considering the cost. Sprinklers have never been done in the City of 5t. Paul . Karen Chris offerson, Gov't Affairs Dir. , St. Paul Board Realtors st ted the Bd of Realtors support this. The Fire Department orked with the Bd of Realtors for about a year and half supporting hard wired smoke detectors. The St. Pa 1 Bd of Realtors is concerned that they never were notified. T e two resolutions were passed by the Council , but were vetoed y the Mayor. Of the Resolutions that were vetoed, the first �ne CF . 88-990 instructs the Mayor's Office to take forward his 1989 legislative package enabling a request from the State Legisl ' ture that would require Sprinkler System in all new construction� The items the task force will be dealing with is; 3 � ! What is new construction? and What is public funding? The second resolution deals wit.h public financing, what the Council was looking for was a mechanism to start to enforce this resolution without enabling legislation. The Task Force went to the Mayor and the Council and requested a hold be put on the on the resolution because the city acted to quickly without input. Insurance companies have been known to offer discounts for the home that have sprinklers systems . Steve Zaccard stated that in terms of legislation, one of the commmitments made before going to the legislature was to work with Karen' s group and the Builders Owners Manuel Ass'n on developing the kind of legislation that would be taken to the Legislature. The Task Force will be meeting to discuss the cost factor. Sean Carey, working as a fire adjustor, agree that Sprinklers are very important in homes , helping to safe lives. A new Ordinance went into affect on Novernber 22, 1988 on Hard Wired Smoke Detectors . When the Truth and Housing Evaluation is filed, which is public information .then the Fire Department will enforce that portion of the code. 2. CASE NO: PROPERTY APPEALED APPELLANT . 107-88-H 1743 Ames Ave. John G. Klecatsky (Commercial APPEARANCE : NUNE SUBJEC7: Sherry Webb, from Fire Prevention requested that the case be held over for one month for clarification on fire code. Case was resolved. BOARD ACTION: Board moved to refund the filing fee. ---------------------------------------------- 4 I ' � . w ��� 1Q8-88-H 219U Marshall Ave. Theodore Kvasnik � (Commercial ) SUBJECf : T e Board at the November 8, 1988 meeting requested that the ase be laid over to the December meeting. The Appeilant as to confer with the Water Department to see if it was feasibl to instali a sprinkler system. Case was r solved before the meeting with Steve Zaccard, Fire Marshall . ; BOARD ACTI N: Motion made by David Schultz to refund the filing fee. Secon ed by Robert Viering. MOTION CARRIED UNANIMOUSLY . ----------------------------------------------- 121-88-H I� 554 Edmund Ave. John Czerminger (Vacant Bidg. ) APPEARANCE : John Czerminger 5UBJECT: Ap ellant is requesting a waiver of the Registration Fee on a vacant building because of financial hardship as per letter dated Octob r 12, 1988. PROCEEUINGS The appellant is requesting a waiver of the vacant building fi e, because financially he cannot afford to pay the fee. The b ilding had a fire in it. Jim Prill , �from Div. of Public Health stated that the building has been vac�ant since April . City has done work on the building. F-ees are i n 'ithe amount of $230. 00. Insurance c#ompany paid off the mortgage. The appellant had a deferred l�an (rehab money) in the amount of $ 13 ,000. 00 which needs to be �paid off. Sean Carey tated that 1010 University, where loan was approved, should have been insured. He advised the Appellant to seek legal aid. BOARD ACTI N: Motion made by Sean Carey to deny the waiver of the vacant building fee of $230.00, and freeze the additional fee for th next 30 days, so as to allow the appellant to work with the in urance company. Seconded by Harold Knutson. MOTION CARRIED UNA IMOUSLY. - ------------------------------------------------ � � 5 — e 123-8$-H 4U3 Laurel Ave. Robert Buntz ( i unit) APPEARANCE : Robert Buntz SUBJECT: Appellant is requesting a variance from St. Paul Legislative Code pertaining to fence height. BOARD ACTION: Motion made by David Schuitz to grant a variance on the fenc� h+�i�3ht. ��c+�nded by Hart-�1 d I�inut�;��n. l�f�?T11.?N I:ARIt t EC� UNANIMOUSLY. --------------------------------------------- 12t3-88-H 719 Wilson St. Edward Kurkowski (5 units) APPEARANCE: None SUBJECT: Appellant is requesting a variance from St. Paul Legislative Code pertaining to passing through a bedroom to get to another room as per letter dated October 10, 1988. PROCEEDINGS: Pat Fish, from Fire Prevention stated that there is no objection to the arrangement as long as the doors have no locks on them. BOARD ACTION: Motion made by Ron Glassman to grant a variance on the having to pass through a bedroom to get to another room, as long as the doors have no locks. Seconded by David Schultz. MOTION CARRIED UNANIMOUSLY. --------------------------------------------- 120-88-H 537/539 Ohio St. Robert G. Dahl (4 units) APPEARANCE: Robert G. Dahl SUBJECT: Appellant is requesting an extension of time to do the necessary repairs, pertaining to repairing the roof and ceiling; also installing additional electrical outlets in all rooms. as per letter dated September 20, 1988. PROCEEDINGS: The appellant would like an extension of one year to do the roof and ceiling. He stated that he purchased the building three years ago and only have a cash flow of about $1 , 000.00 per year financially he cannot do the repairs at this time. Pat Fish. from Fire Prevention stated that the plaster is loose and couid fall down and maybe hurt someone. 6 � . I `q 3 � � a� � 5ean Carey stated that the insurance should cover the ceiling damage. BOARD ACTIUN: Motion made by Harold Knutson to grant an extension of time for 6 months {June 1 , 1989) to do the repairs to the ro f and ceiling, also installing the extra e) ectrical outlets . Seconded by David Schultz. Yeas (4) Nays ( 1 ) Carey Abstention (0) 112-88-H I 1735 Dayton Ave Charles Laurents (4 units) APPEARANCE: ,Charles Laurents SUBJEC7: A pellant is requesting a variance from St. Paul Legislative code pertaining to having to provide exit stairs from third floor to gradelevel as per letter dated August 8, 1988. PROCEEDINGS: The third floor unit is rented by two students. The appeliant as owned the building since 1972. The appellant passed aro nd a letter from Fridholm Construction Co. , that showed a bid of $6.553.00 to install a stairway on the west side of the buil ing from the third floor to grade. Pat Fish, rom Fire Prevention stated that it is code to have a 2nd exit fr m the third floor to grade. BOARD ACTI N: Motion made by David Schultz to deny the variance on the 2n exit from third floor to grade, instead give an extension o time for 6 months (June 1 . 1989) . Second by Harold Knutson. M TION CARRIED UNANIMOUSLY. - I--------------------------------------------- 119-88-H 2259 Rockwood Place Stuart Corporation ( 168 units) Jeffrey L. Gross APPEARANCE: NONE SUBJECT: A pellant is requesting a variance on the requirement of having t install additional smoke detectors in hal )ways as per letter ated September 27, 1988 � Case resoiv d. BOARD ACTIO : Board moved to refund filing fee. � 7 129-8�-N /U1 Jenks Ave. Lothar Horn ( 1 unit) SUBJEC�t: Appellant is requesting a variance on rainleader in the rear of house, as per letter dated June 1 , 1988. Case is being held in suspense for clarification on ordinance. --------------------------------------------- 127-88-H 654 Fairmount Ave. Elizabeth M. Gotz ( 1 unit) SUBJECT: Appellant is requesting a variance on one rainleader, because it could create a water problem in basement and on sidewalk due to small front yard. Case being held in suspense for clarification on ordinance. --------------------------------------------- 67-88-H 1697 Ford Parkway Gene H. Rosenblum ( 1 unit) SUBJECT: Appellant is requesting a variance on the rainleader disconnect requirernent, as it will cause undue hardship owing to the unique circumstances of the location of the rainieaders on the property. Case being held in suspense for clarification on ordinance. --------------------------------------------- 124-88-H 71 E. Baker St. JTI Properties ( 1 unit) Midwest Federal J. Deputy SUBJECT: Appeliant is requesting an extension of time to do the necessary repairs to the property regarding rear concrete steps, hole in roof. front entry way door �ams, front porch supports, replace light fixture in bathroom, improper plumbing, entry door latching device. dining room ceiling, broken thermostat, exterior and interior handrails, repair smoke detectors, leaking sink drain, as per letter dated October 20, 1988. Case resolved with the inspector. BOARD ACTION: Board moved to refund the filing fee. --------------------------------------------- 8 . , . x ~ /1� 3 l 'I � I� V ' II 125-88-H 670 N. kobert St. Emma Norton Residence {39 units) Susan Nicholas-Prettner APPEARANCE : 5usan Prettner SUBJECT: A pellant is requesting a variance on bathroom facilities ; also food handling equipment on floor of the store room as per letter dated October 4, 1988. PRUCEEDINGS: This is a non-profit agency that houses women of low income, who are in training programs of voacational programs. It is a room S borad facility and the charge is 225. 00 per month for each tenan�. If there is a reduction to 20 persons, and do provide th� service it would be impossible to continue to operate. C�enerally, there is never fuli occupancy, which would be 72. Pr�esently there are 58 persons. Average stay could be about 4 mont$hs. Suggested ly Ron Glassman to maybe limit the occupancy to 30 on each floor. Carolyn She ard, stated that this would be the boards decision. Code is 5 p rsons per bath. ���.� � � �.�t i��r� rr��F+ t��r Ci,��r i�J £�rt�u 1�: -kra �Ir��ar�t � v��-�i c���r_•F r�►r� the bath f cilities with the provisions that there be a cap of only 30 o cupants on each floor. Seconded by Harold Knutson. MOTIUN CARR ED UNANIMOUSLY. 126-88-H 189 1/2 E. 7th St. Gayle E. Stangeland ! (23 units) SUBJECT: A�pellant is requesting a variance on the number of handsink$, as per letter dated October 7, 1988. Appellant r�quested a postponement to January meeting. - ------------------------------------------- 122-88-H 1596 Hewitt Ave. Rachel Nelson ( 1 unit) � William Totten APPEARANCE: Rachel Nelson SUBJECT: A pellant is requesting ,a variance on ceiling heights in bedrooms, as per letter dated September 2. 1988. PROCEEDINGS There has been extensive work done on the building and was app oved wtth Fire. When Ms. Shepard came to inspect the property th�y cited us for low ceilings in the basement ceilings. 'I 9 _ ,, BUARD ACTIUN: Motion made by David Schultz to grant a variance on the ceiling heiqhts in the basement bedrooms for the life of the building. --------------------------------------------- 93-88-H 30 E 7th St. W��r l �� Tr����r t,r��tr�� and 376 Jackson St. Galtier Plaza SUBJECT: The case was before the Board on October 11 , 1988. Board requested it be laid over 30 days. In November the Appellant reque3ted a postponement to the December meeting. Appe 1 )r3nt rzquested a postponement ta the January mee�k i r��1. ---------------------------------------------- There being no further business, the meeting adjourned at 3 : 00 p.m. 10