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89-804 WHITE - CITV CLERK COUIICII PINK - FINANCE GITY OF S INT PAUL �J—�d��J'C CA4JARV - DEPARTMEN7 BI.UE -�.{NAVOR . Flle NO. . ounci esolution ��, �'�, _____ .. Presented By Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, That the o cil of the City of Saint Paul hereby certifies and approves he action of the City of Saint Paul Board of Appeals and Review pe t 'ning to the following listed property and as shown by the E ce pted Minutes of said Board of Appeals, dated February 14, 19 9 nd marked EXHIBIT A, and attached hereto and made a part hereof y eference : DATE OF BOARD MINUTES CASE NO: PR P TY APPEALED APPELLANT 02 � 14 � 89 02-89-H 14 6 an Buren Ave. Laura M. Lundberg Guardianship for Ruth Bunch BOARD ACTION: Granted a waiv r f the vacant building fees , with the condition, t at the Health Department do an inspection of h house and remove the Placard. PROPERTY DESCRIPTION: Sy d' cate No. 5 Addition Lo 0 Blk 5 -------------- - ------------------ 02 � 14 � 89 10-89-H 39 afond Ave. Gregory T. Ryan BOARD ACTION: Granted a waiv r of the vacant building fees , with the condition h t all requirements are met. PROPERTY DESCRIPTION: Sm' t s Subdivision of Blks 2 and 8 Lo 8 Blk 8 -------------- - ------------------- COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond c.o�g in Favor coswitz Rettman B �be1�i Against Y Sonnen Wilson Form A d by City tto e Adopted by Council: Date �� c/ Certified Passed by Council Sectetary B ` y � �' a � By Approved by Mavor: Date Approv d May or miss' n to Counc' � By PUBLt�D ��I,�Y 2 ` 19 WHITE - C�TV CLERK PINK - FINANCE COUACIl CIiNARY - DEPARTMENT G I TY O A I NT PAU L BLUE -�MAVOR File NO. G Counc l esolution Presented By Referred To Committee: Date Out of Committee By Date DATE OF BOARD MINUTES CASE NO: P O ERTY APPEALED APPELLANT � , �02 � 14 � 89 07-89-H 2 4 urora St. Guang-Jong Jason Wei BOARD ACTION: Refund the fi i fee of $10.00 PROPERTY DESCRIPTION: F or nce Addition to S . aul L t Blk 3 ------------- -- --------------- 02 4 � 89 14-8 F 4 6 he rd Rd. J n J. Kerwin Nic let Restoration BOARD ACT N: Granted an x en ion of t ' e until March , 1989 to vacate the b ' ld ng. PROPERTY DESCRI ION: R gi ration land rvey 441 T c ; -------------- - ---------------- COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� In Favor Gosw;tz Rettman O Sc6eibel A gai n s t BY Sonnen Wilson _ g 1g� Form r ed b Ci Att y Adopted by Council: Date Certified Pass b uncil S t g � - �g� b7 gy, �,Approv y iVlavor: Date — � U �' Approved by Mayor for Submission to Council B BY PUBIlS�ED !41 AY 2 0 19 9 �� DEPARTMENTlOFFICEIOOUNqL DATE IN D community service 3_1 _ GREEN SHEET NO. 2 5 8 4 INIT1ALl DA7E INITWJDATE CONTACT PER80N 3 PIiGN DEPAFlTMENT DIRECTOR �CITY COUNGL aT0 2— 7 � GTY ATfORNEV �_ �CITY(YERK MUST BE ON COUNCIL AQENDA BY(DAT� ROUTINO BUDOET DIRECTOR �FIN.3 MOT.BERVICE3 DIR. ASAP �►voa toa nssisrn�n ❑ TOTAL#�OF SIONATURE PA�3E8 2 (CLIP ALL LO TIONS FOR SI�iNATURE) ACTION REGUEBTED: Resolution approving the actio s f the Board of Appeals & Review RECO�AMENDATIONS:Mw'ow(N c►Reiect(R) COUNGL M EE/RESEARCFI REPORT _PLANNINO COMM18810N _GVIL SERVICE COMMISSION �� PHONE NO. _qB OOMMRTEE — COMMENTB: _STAFF _ SU�ORTS WHIC�H COUNpL 08JECTIVE7 �VIA�OR'S OF�ICE C� INITIATINQ PROBLEM,188UE,OPPORTUNITY(Who,What,Whsn,Whsro,Wh»: Approving the action of the Board of Appeals & Review of the meeting of February 11, 1989 . 2 waiver f uilding fee 1 refund he filing .fee 1 extensi n f time ADVANTAQE8 IF APPROVED: Waivers, Extensions and refunds gr n ed to the property owner by the Board will be ratified. asnov,wr�s iF nP�+oveo: None DISADVANTAOES IF NOT APPROVED: The action taken by the Board will e eturned to the Board by City Council for further action, Council Research Center. APR 2 7 i°89 TOTAL AMOUNT OF TRANSACTION = N�A T/REVENUE BUDQETED(GRCLE ONE) YES X NO FUNDINO SOURCE N A A VITY NUMOER 3 3 2 6 3 FlNANCIAL INFORMA710N:(EXPWI� � �� . �� . SA i Nl� �'AU� � i� R�:� UF A'r'PEALS i� REV i EW � -� CtUAR �'i REE i � i . r.H L MI(vNE�uTA �5 ! ui �i � : �'aL-;77?� 1ti1 :i y I_I T i- '� � 1f F- i : j\!i,_ i��i h r �1-i 1.:1�1,�,� r ;1 i �-�i_`-/ MEMBERS PRE��NT: Kon �_ assman. �hairman r�aro � � K: ��tson Uaviu �c ult� Wif � i m . Tilton Kober L . Vierina MEMBER� ABSENT: Sean � arev OTHERS PRESENT: �an Ga t rland. Buildinq Code Ufficer 5teve a card, Fire Marshail Pat Fi h, Uept. of Fire Prevention Hope A r s . Dept. ot Fir� Pr-evention Jim Pr ii , Clivision of Public Health �an ua te land, Citv Architect Uick: A ey, Housinq & Building Code -lhomas be ch , PEu �awren � oderholm. PtG �a CJOn hu Bev Ryan Joel W xm n Alfiredo Cavetano Rick i Patrick �uiiivan �or�n J . K rw i n Esettv Moran Kellie a ak Ms . Giibert Richard T avis Mr. Brannan 5usan M r chalk D�vid Oison Vre� O' rien S7AFF : Jose�ni e . 13onaiovanni Chairman Glassman cailed th meeting to order at 1 :30 p.m. February 14, 1989. He wel om d the appellants and exp {ained the procedures , stating that ha the board does is, recommends action to the City Councii . 1 . Approval of the minutes o he January 1Q, 1989 meeting as submitted in writina. Motion made by David Sc ultz to approve the minutes of the January 10, 19t39 as submi t in writing. Seconded by Harold Knutson. MOTION CARRIED NA IMOUSLY. 1 a C.hairman Gi�ssman. rererred ta a ietter received trom Councilmemeber Scheibel . thankina the Board for the request of maybe chanying the name of tne Board fr-om "Board of Appeals & Review" to "Code EnforcemEnts Appe� i5 Board. " �r� is wiii be sent to a commifitee for review. AftPr that . C�uncilmember �cheibef wiii -„�t �" r=,, tr,�? 1-;�7,�t"G� . 2 . CASE HEARINGS: CASE NO: PROPERTY APPEALED APPELLANT 02-89-H 143� VanBuren Ave. Laura M. Lundberg (Vacant Bldg? Vuardianship for Ruth E . Bunch APPEARANCE : Ed Donohue SUBJECT: Appellant is requesting a waiver of the vacant building fee of $ 100. U0, as per letter dated January 1 , 1989, because of financial hardship. PROCEEDINGS: Ed Donohue, representing Laura Lundberg. The owner of the house is an elderly woman. wh� had a stroke and is in a nursin� home. Ernest money has been put down on the home and there is a g�od possik� ility that t1-�e house could b� sold in 3U days . E�i Donohue, stated that at the time Ms. Bunch had the stroke and had to leave the house, it ha� to be placarded as "Not Fit for Human Habitation" . There had to be extensive clean-up as Ms. Bunch saved everythina and the place was a mess . Jim Prill . from Department of Public Health stated that the place is not boarded. BOARD ACTION: Motion made by David Schultz to waive the fee if, the place is inspected by the Heaith Department and the Placard is lifted. Seconded by Bill Tilton. MOTION CARRIED UNANIMOUSLY . ----------------------------- 03-89-H 398 Banfil St. Lucille E. Widing (Vacant bldg) APPEARANCE: Greg O'Brien SUBJECT: Appellant is requesting a waiver of the vacant building fee, because of financial hardship. Greg O'Brien Co-owner, bought the house in April of 1988, stated that he has been working on the house. Building has a new roof, new wiring, and new furnace. Work has stopped since the building has been red tagged. Appellant has spent about $12,000. 00 on the house. 2 � � G��-�°�� _� i fll F'T' ! I I . r i'Ofll Crlt� J i V i � ! O O� �UG I i �� j-}Pa � Trl S��r3�?G tna� T!-}ara �Y'P �OU1- 1-cn�,,!; rement� tr�a . he OW!lE'1- : S rc�7U ! ]-t� tO c�0 Uf1G1Pt' �t"?? nt-;3 i flc�'"!C° . W�l ! Cr"� dl"'E': a i I tt C i"�t�5 c3T'� i_�d ? +y . t'�K.? ��,lt � �E'T'fT11 t. . .: f _.�. i {�tp —;.r= �_: j "��i t�/ i i'.i^i � r' �!l :.'T� �r ' ?la—�'.-.:�r� i p . �r�i; c,;-it�'1n� ,."J f?T 1 �!i��i�'_ �'f J'=:I �`_+5 . ..� 1 fll h�i- ! � i stated Tnat i n n i C�5? Ltl2i-@ 1 S ar,ott�er factor . WC? ! `.f; is . the re�air of tne buiidi a was not com�ieted bv Februarv iU . A Cc�uncil nearina is sche ul d, considerina cJemolition. This � s � separate issue from the f _es The buildinq neea=_ a iot more work. Biii iilton referred to a o e from Ms . Widin�a. which statecJ. that prPSSUre has to be pu n Mr. O'Brien. A letter from the �ort Road/West Street Fede a ian. which stated that " if the owner is unable to afford th e or rehab work, an appropriate de�osition of the house ia t be throuah the citv's Seiective Clearance proqram. " BOARD ACTION : Motion rnade y ili rilton to deny the request t=or a wa i vei� of t!-�e vacar�t bu + i ci i g fees . �econdzd by Dav i d Schu 1 tz. MOTIOiv CA�RIEU UNANIMOUSLY . ------------ - ------------------- lU-�39-H 390 �afond A e. Greqorv T. Rvan tVacant Bld . ? APPEA�ANCt : Beverly Ryan SUBJECT: Appellent is requ st 'na a waiver of the vacant building fee, as he is in the proc ss of rehabbin� the house and cannot afford the extra expenses. PROCEEDINGS: Ms. Ryan and he on purchased the property and are trying to reF�ab the home. N uilding permits have been taken, because it needs mostiy pain i g. Jim Prill , from Division of u lic Health stated that there are two different buildings on t e roperty. each in different condition. The one referred t , is to the front of the lot (39G Lafond) . Some of the window h d to be replaced. A permit for electrical work was taken ou . Mr. Ryan paid the fees from September thru December . Fe s wing are for first quarter (Jan thru March 1989 plus penalit� es of ($120. OU} . Ms. Ryan stated that there i a ad in the paper� hoping to rent the house by the first of March. BUARC Ai�"fION: Motion made bv Robert V � erin�a to waive tne vacant bu i !d i na fee fr-om �an tnru Marcn . ��r-�`J 1 t�E'C1 d i + re��u i remenr_.s are met . Seconaed cv Davi � Schu� t�. �ri-at '�JiITF ; 'i a,�� d n�ZVS i ( I i i r,�,n 1 a,F��qrant- :��-} U ---------------------------------- 1 i-89-H 3 yU i i� Lafiond Ave. G�-e�o��v �. P.van tVacant Bldg) APPEARANCE : Beveriv kvan 5U8JECr: Appellant is reauesting a waiver of t'r�e vacant buiiding fee, as he is in the pr�cess of rehabbing tr�c house and cannat afrord the extra exr�enses. PROCEEuINGS : The r�ouse to the rear of the iot { 390 1 /Z �afondi rieeds a buildina permit. �ecause it needs extensive wc�rk to retiab. Tr,e appe i ! ant w�u l d I i ke to use t'r�e money for rehab, ratner thar� paY the vacant building f=ee. BOARE� ACIiUN : Motion made bv Bi1I Tiit.on to denv the wa�iier of tt-�e r�u i i d i n�� fee. 5econ�ied bv kobert V i er i n�. Mt�►"I c�iv C;Al�R I ED UNANIi�uUSLY . ----------------------------------- 07-89-i-1 �44 Aurora Ave. Guanq-Jon� J�s�n Wei iL units) SUBJECi: Appeliant is requestina the filing t=ee be refunded, as he has been working with the inspector and was able to resolve the violations . BOARD ACTION: Motion made by David Schultz to refund the riling fee. Seconded by Harold Knutson. MOTION �ARRIED UNANIMOUSLY . ----------------------------- 04-89-F 65 E. Kellogg Blvd. St. Paul YWCA (64 units) Joei Waxman APPEARANCE : Joel Waxman SUBJEC7: Appellant is requesting a variance on the removal of the bars on the windows of all the rooms on floors 5th, 6th and 7th, because of the danger involved. F�tOGEEDINU�: Mr. W��:m�n is r-r��r=.ti �� t��t r_.f,� ��t�� r�err�i �� I rooms on the fifth, sixth & seventh floor , because of an accident prior to having the bars installed in 1985. Mr . Waxman stated that Mr. Joe McDonough an inspector from the City of St. Paul Fire and Safety Services did concur with Mr. Waxman that the bar 4 � � ��-��°� couid remain on the wind ws Pat Fisn. firorn Fire Preve t on stated that Mr . Mc�7onouqh was the oriqinal inspector for t e commercial part . and not tne res i�ient i a 1 r�art of tt�e b i !d i ��. At the t i me of the acc i��ent , r i r : i-%r�;,�n i_ i r��r, � :`,�„��.ry. O f�l F_' F" i -1�_� ;t� i-�,=+r- = T r, h F. i n c;t� i i ��_t . temporariiy. since then m r sleeping rooms have been addeci. Pat Fish, also stated tha . -t the request of the Distrirt Chief. in the area, who would be th responding, (Responsible Chief) for the building. should a mergency occur. survey the building to see what exists presen ly, at this point, the District Chief from that area stated the Fi e Department hds na access to any oi= the upper floors. Code a tu lly requires that one window in each sleeping room be free of ar , probably referring to 96 rooms. Pat Fish, stated that sh r quested the District Chief take a look at the situation. e District Chief advised Ms . Fish that in looking at the buildin , that the only windows that could be iaddered, are the ones th t do not have a structure adjacent to the building, which would be on the Kelloqg side. It was suagested that two window n fiifth, sixth and seventh floors , southwest and soutneast c r ers be without bars , accessible to Fire Uepartment. BOARG AC:TION: Bill Tiiton m e the motion that the re�uest fo►- a variance, pertaining to r mo ing the bars from slee�inq r�oms on fifth. sixth and seventh fl ors be denied. Seconded by David Schultz. Mc�TION CARRIED UN NTMOUSLY . ----------- -- ------------------ Oti-89-F 168 Concord St Alfredo G. Cayetano (2 1/Z units) APPEARANCE : Alfredo Cayeta o SUBJECT: Appellant is requ s ing a variance on existing ceiling tiles. as per ietter dated a uary 4, 1989. PROCEEDIN(iS: After much dis u sion, Steve Zaccard, Fire Marshall suggested that the appellan rk with the Fire Department, then maybe be able to come up wi h viable solution to the problem regarding the ceiling. BOARD ACTION: The Board gav t e Appellant a postponement of 30 days to try and work with th Fire Departrnent, to resolve the problem of the ceiling tiles if not then return to the March meeting. ------------- - ------------------------- 5 �J5-c3y-r 658 Davton Ave. riisrorit kenovations � 10 unir� ) kici=. 1GU ANPEARA�v�t : K � ,:�k i ao -;, _ a, _ _ _ _ :. ,� -:__ _. . - � �._ -- -,r '�_ .. _ _ - dedc:lbo ! ts , ' as ��er � etter dai.:ed December t3 . 1 '�ti�s. .4ppe? i ant wou i p iike to re� lace them as th�v become de*e�t + ve. BUARU ACTION : Mution made by Ron Glassrnan to gra�t a variance on the preser�t deadbolts , witt� the condit?on, that upon re�airing ar ret�� iacing the deadbolts . that they be replaced with the one ir�ch. Seconded bv David Schuitz. i�10TIUN CAhRIED UNANIMOUSLY . ---------------------------------- 12-89-F 1544 Grand Ave. Patrick F . Sullivan (5 units ) APPEARANCE : Patrick F . Suliivan SUBJECT: Appei ! ant is appealing the Revocation of the Certificate of Uccupancy. PLEASE iVOTE : The Rev��cation of thz Certi *icate of OccuAancy is a result of the tact that the appellant failed to comply with the appiicable requirements in a reasonable amount of time without appeal , as per � etter dated January 10, 1989 firom Firc Prevention. The oriqinal orders were written Uecernber 198b. PROCEEGINGS: Mr . Suilivan is the owr�er of the t,uildina at 1544 Grand. There is a Certificate af Uc�uGdncy c�n thz buil�in�, Pat Fish. from Fire Prevention stated that the Certificate of Occupancy was renewed March 6, 1987 for three �ears. What had been good, with conditions , should have been corrected by December 1987. Mr. Sullivan said that the inspector never notified him that there was to be an inspection. In January Mr. Sullivan received a letter from Fire Prevention informing him that the Certificate of Occupancy was revoked. Pat Fish, from Fire Prevention stated that Mr. Sullivan did have a problem with an inspector in 1987. At the request of Mr. Sullivan, Ms. Fish met with Mr . Sullivan for an inspection. All the corrections that the inspector did call were in line with Fire Code at that time. Ms. Fish worked with Mr. Suilivan until there was just a few outstanding corrections. Fire Prevention at that time renewed the Certlfiicate wlth � tew vut�tandings cc�r�rect 1 c�ns , th�t w?r�e �t� I 1 tr� ryc d��r►r, �tr-1 ��K�e�_t i r�r,� wrr~r done in December 1988 and January 1989. At that time a notice was sent to Mr. Sullivan, although, there seems to be some probiem in Mr. Sullivan getting his maii . There was a citation issued to Mr. Sullivan. which is still unresolved. 6 �� '1s . �� i bert and Ms . Nc, a . tenants i n r_ne bu i I d i na. as K.ect to s�.�ea� tc� zhe b0�3?"C7. Tt'� .�! �resented a � � st or i t?ms }ha*� sr i i I were n�.=,t com� ! E3tP_C. ;�ir , l� I �S'=�R�!l . 5�'-.3Ce?i! r.he�� tr a �Odf�!� _ -;i, � �� r��`,t r-i i � a ��n �h�a �.CV'_'l:diJ !'J(i �.:i G l,C' �. I T 1 l:c' C ,r VC�_'.1C-•cl IC`� . ; i ;.. i.Jl:al-t_: �_y�-c7!-:L.^ variance or extensions o Zime on corr�ections co be done. Mr� . Giassman suanested that i a re-inspection r"rom tne � ire Departmer,= . r"o��nd ali tne items. tha� we e not done oefore revocacion, ara in fiact done. then Fire Pr ve tion probabiy would re-instate tne certificate. BOARD A(=,IiUN : Motion made bv Bill Tiiton to denv tr�e reauesc to overrule the Revocation ot t e Certificate of Gccupancv. Seconded bv David 5chultz.� OTION CARRIED UNANIMOUSL'Y. ----------- - ---------------------- 93-8�-H 30 E . 7th 5 . Worid Trade Centez- and 37b Jackson St . Gaitier� Piaza SU�JECi : ThiS case was be -or the boarci �n Gctober il . 1988. an�l r�eq�.�est.e�a to b� pastpo ed l.a tne �e�r��ary meet i ng. i�l-�e aQpe i 1 ant r equested a os panement *or 3li aays. ----------- -- --------------------- i4-8y-F 436 5he��ard d Nicoliet REStaratior, t 5 un i ts ) John ,� . Kerw i n APPEARANCE : Jonn J . Kerwin SUBJECT: Work required for a ety as ordered, has been completed. City requested a Site F�ian n variance appiications in process have been delayed primarily by City. (Condemnation ] etter fr m ire Prevention dated January 26. 1989. Vacate date is eb uarv 25 . 1989. ) PROCEEDINGS: Mr. Kerwin s at d that he was before the board October 11 , 1988. At tha t me Mr. Kerwin was to get permits . and do some work on the pr e ty and continue with the Site Plan review process. The wor s done. Ali new gas piping to ali the furnaces. A second 60 m electrical service with wires run to each furnace. 7 Mr. 1;erwin - tne Site Plan w�s in �racess t.he lest time th�t Mr . Kerwin was before the board. The reply to the Site Pian. application arrived the same day lOctober 11 . 1988) . What the city wanted was a Special Use Permit. Mr . Kerwin applied for a Sr�ecial Use Permit on Decernber 9. 1988. At that time more plans r�ei-E i CUUCSiC�.� t r' i dr"i i � i wt1 � Cti w�t-� :70t�e . . _ _ _ _ C.(le_-'rl 1 d��:-' I 1 CC.! tOT LIlC Special Use Permit . According to the law, it is to go to the Plannina Commission in 60 days . A reply was received in December from Larry Soderholm. Finailv, I had a meeting with Larry ZangS and a representative from the Mayors office on January 20, 19$9 to resolve certain items. Again, more plans were to be drawn (Plan le) . These pians were completed on February 13 , 1989, so that is were the process is at present. The Special Use Permit application is in. Mr. Kerwin - there is two points of reference, one - a meeting requested by Jan Gasterland, the inspectors were around the table i .e. mechanical , electrical , etc. and Mr. Gasterland had not been involved before, and the fact came up that we were going to do the work on the heatinq svstem and the electrical and then get our plar►s together on the river front. One member at the meeting made a statement (that sounds reasonable to me, get the heating and upgrade electrical and if it takes a couPle ofi years to get your plan together on the river front the building wili be safe) I remember loaking at the gentleman and thinking, two years! then my mind went to my other point of reference, and that is - that I got involved in this projec:t five years ago. Mr. Kerwin - The question is going to come up some where along the road, about who is going to pay the water, sewer, etc. The river front moneY that got released to the city, through the Sewer Bond refunding. that carne through the 5tate Legislature. I went to the State Legislature and made my case. We wanted to redevelop this property. The author of that bill , that released 15 or 17 million dollars to the city of St. Paul had requested that one-fourth of that amount be designated to this project. Jim Scheibel has asked the Mayor to study the project. The Mayor has since then come back with a moderately negative response. Mr. Glassman - What negative response did you receive? Mr. Kerwin - Well , the Mayor wrote a letter to Phylis Conn, saying that (there is a lot of contention and some threaten litigation with respect to this property and it is going to be difficult to go ahead) . I woutd like my Special Use permit and Site Plan reviewed. Mr. Glassman - Why are you here, today? 8 . �� Mr. Kerwin - Because. aga 'n the Citv has come out to the property without a phone call or a letter and placzd a "Condemnation Notice" on the buildin . Without courtesv of anv contact. Everytime that these noti es are �.� laced on the building. there is a bia amount of disru��t. io . 5teve Zaccard, Fire Marsh ll - Over a year ago. Fire Prevention was informed that this fo me f�ower plant was bEing used for residential . The issue b fo e the board. is whether we had the responsibility to again p st the building as "Unfit for Human Habitation" . The action . Kerwin is referring to is not a new Condemnation, it simply is r posting a Condemnation that was posted in March 1988. At h t time, there was a hearing at which the board granted an exten i n of tirne for some work that had tt� be done. Then in August it a ain was posted with a "Condemnation Notice" . Ano h r hearing was held in October 1988. At that time the board aga n ranted an extension of time to do some more work, with some on itions . Testimony can be provided from our Building Offical , J n Gasterland, that the conditions from the October meeting av not been done. As a result , we simply again re-posted hi buiiding as "Unfit for Human Habitation" because it oe not qualify for a Certificate of Occupancy. Mr. Glassman - Has he in f ct fixed the heating piant safely? Mr . Zaccard - Since the Oct b r hearing, Yes. Mr. Zaccard - The notice to m was that Mr. Kerwin had not meet the conditions that th oard had established at the October meeting, subject to the Lan se. We did serve Mr. Kerwin a lawful notice to the addres , hat we had served him before. Notice was served in March 98 , and August 1988 and again in January 1989. for the same on emnation. Mr. Schultz - I would like o sk a generai question? Can you say to me today, that this ui ding meets all health, safety, zoning. flood use, whatever co es? Is there any gaurantee, a 100% certainity that he would ev r eceive approval of all the special use and requirements that ar eing asked in the near future? Larry Soderholm, from Planni g Division - In regard to zoning, there is no guarantee, it is q ite doubtful that the proposal that Mr. Kerwin has witl be p roved. Basically, we cannot allaw residentail use of a buildin elow flood level . Industrial use could continue, its a legal o -comforming use of a building. To have it occupied residential y. even for Artist housing, it needs to be either out of the floo plane, which 1s pos�tble, at best, an alternative is to complet a dyke, which Mr. Kerwin says is partially constructed eround th bu11d1ng, which-woul�i rb1 �� the �►rc�perty out of the f l aod f i n e. Th i s wou l d change the F l ood Plane. 9 Mr. Schu 1 t� - Wc:u 1 d th�t have t�� be a�pr��ved by the G��r� �f Fnaineers? Mr . Soderholm Yes , Tnat. would have to have approvai of first , the Planning Commiss �on to do the filling ot tnE fi !ood fringe. ther� i r Lt��aL werc cd�provet�, Lrien tr�c wor'k ��ou i � prv�eed drt2r Ct�e i'ev i ew and approval ofi the UNR and the Corp of Engineers . If this is completed and certified by the Corp, then the Federai Fmergency Management Agency woul � approve it. Thc zoning ma�� w{aul�y have to be changed to say, it is no longer in the flood fringe. At this point, it could t,e used for Artist 5tudios, but it could not be converted to apartments. Allow Artist Studios to operate in Industrial zoning, where they are scupluring and paintinq. If it were rezoned to residentiai then it could be converted to regular apartments. Mr . Schultz - I was the person who at the October meeting stated that this project should not be allowed ta be continued. I remain convinced of this. I did not think there was a tikelihood that this project would ever get off the ground. The last time we met , there were tenants here on your behalf. At this point, my senses. for whoever is at fault, or whatever intend, you may have had going into this pro.ject , I cannot in conscious vote to continue this project. I do not see in the near future this project ever receiving approval of being converted into the kind of pro.ject that you want. I don't see the existence of the tenants being in that property, which has been used as a past excuse, as any excuse for the city to bank on zoning or any type of health safety issues. Further, I don't see your past action, or your past money, that you have put into the pro_iect, any reason for our continuing to allow you to use a project, that does not conform to existing code and probably never will conform. My decision remains more firmer than last October. The Board has been exceedingly reasonabte with you for the last year on this project. I see no reason for this board to continue to grant you any variances or extensions of time for this project. Mr. Kerwin - Mr. Soderholm has outlined how to get things done. Mr. Glassman - Asked Mr. Kerwin, what really do you want? Mr. Kerwin - We want to use the property. For some reason, 1 don't know what it is. This kind of building produces this kind of emotional , tear it down, get rid of it or vacate it. We ran into that almost from day one. We have met with the inspectors and have done the work necessary for minuimum life safety. We are following the process. We have not been allowed to get t� the Planning Commission. We have been basicaily barred from getting to the Planning Commission. Mr. Schultz - What I am saying at this point is I don't care if you continue the process. I just do not want tenants to be living there. It does not meet Health safety codes in the full sense. 10 � � � � �� Mr. Kerwin - I have been e habbing buildings since 1968. I started on Goodrich and Vic oria. There is alwavs a transition from one occupancy to ano h r. Mr . Knutson - The whole t i q stems from the fact that You put �enan�s i n Li�i 5 ou i i d i ng. b� ror-e dny �� ar� wa5 �u��fl i t.LCC�. Ti-�i rteen plans were submitted. non w re approved. You are doing something that you believe is ok, ut the city says no. I even went , so far , as argue for you. t allow the tenants to remain if the conditions were met. Thes w re only a temporary measure. Larry Soderholm - We receive an application for Site Plan Review back in August and sent M . erwin a letter about it and talked with him on October 11 , 1 88 We explained what Mr. Kerwin had to do. vne of the things Mr Kerwin had to do was to get approval from the Plannin C mmission. Mr. Kerwin made application to the Plannin ommission on December 9, 1988. On C�ec.zmber l�, 19t3t3 we sent i a return 1 etter exp 1 a i n i ng that his application was incomp e e. We itemized what additional information would be neede nd that was January 2U, 1989. Today in the mail we received a e appiication. One of the main pieces that is stiil missi g, in this application is, engineering studies , showing what has ee done on the levee, and if that standard is up to the Corp of Engineers. Then we would know it is reasonable to foliow th t line as a way of making the building meet the zoning code. ha critical piece of information is still missing from the a pl 'cation. We ask to have a cross section of the building, so that we know where the floor level5 are in relation to the flo d evel . Mr. Kerwin said that he does not want to have a new ra ings done on the project . The drawings we have to the build ng seem to be the Historic cross section of the building, I e ieve that this is dated 1925. We have received a new applic tion, it does not have as good information as we would lik o have. Mr. Glassman - Let me ask uestions, He wants to continue the project. How would you f el if we said. "Continue to work on the project, but no one s llowed to live in the bufilding?" Mr. Zaccard - This is exac ly what is being asked of this board to consider. This building is Condemned, because it does not qualify for a Certificate o O cupancy. Allow that Condemnation to take force and effect, r su ting in the vacating of the occupancy of that building. A lowing us to get approvais. These approvals are done be r occupancy. The calibar of code violations that occur there, t e occupancy of a building without a Certificate of Occupancy. V rious contruction trades perform in that building without the b nefit of any permits. We have been working with Mr. Kerwin ince we discovered this, quite by accident, over a year ago The Board has held out its hand 1 ong enough. I wou 1 d r�ape t e b�i�rc� w i 1 1 ��t�i n ti�i � condemnation, and would allo s to enforce it and let Mr. Kerwin have his remedies in court. 1 . Mr . Glassman - During the Condemnation. Would Mr. Kerwin have the right to work on the buiiding? Mr . Zaccard - He has to start from the bottom up, which is, he must get zoning approval before he qualifies for permits . There 7 �, � { ��l r-i� iy rl r K. i-hl�t ��I,..-..�..S -t-(� i��c' �_i�?r1�' . Mr. Kerwin - I feel staff wants to shut us down. We think that they talk to each othes- . We need tirne to get this to a legally constituted board. I beg of you do not let the city bottie us up. Mr. Zaccard - We certainly welcome Mr. Kerwin to go to the proper courts. We are not in the business to deny people occupancy. We are in the business to approve occupancy. Not one of us are a part and parcel of a conspiracy to deny Mr. Kerwin the use of his property. It is our duty and roll to see that it is used in conformance according to the code. Jan Gasterland, Building Code Officer in the City - Let me echo Steve' s remarks . We have met with Mr. Kerwin on numerous occasions. We have gone the extra nine yards to help, in trying to accommodate his needs in the way of construction. We are continually put into a situation where we have to equate what is going on in the buildinq, just as we do in any other building in the city. We are aware as to what is going on in the building, and we are a part of that liability. It is our professional feeling that people should not be occuping that building. Based on buildings that we have seen and our professional experience that building is unsafe to occupy. It is, was and remains unsafe to occupy. For the good of the people and the liability of the city, those tenants should be out of that building until the work is done and the approvals are granted. Mr. Schultz - if the building is unoccupied, you of course are willing to work with the owner? Mr. Gasterland - Yes, that is correct. Mr. Schultz - In order to have a Condemnation Placard removed, making it fit for occupancy, there are certain processes that have to followed. To your knowledge is the city willing to help Mr. Kerwin! Mr. Gasterland - Yes, that is correct. 12 . � � � ��°� Mr. Tilton - When this w s efore the board a year ago, I got the impression that Mr . Kerwi hought that the city had been actively opposed to any d v lopment. Mr. Gasterland, you distinctly gave me the im r ssion, that you were willing to work with Mr. Kerwin. I want o hear if Mr. Kerwin disaarees with tr�at. Mr . Kerwin do v u feel , that. Mr . (�ast�riand or other people in the city have e n actively trying to prevent you from making progress in gettin proval ? Mr. Kerwin - I believe t at definitely is the case. On my relationship and meeting ow at the city and we have had many meetings. City staff has be n taking any possible route to defeat the use of the buildi g. Mr. Viering - Why are th y pposed to the project? Mr. Kerwin- I really do n now. I guess its because anything that has ever been planned, as never been build on the river. Somethinq is wrong with th rocess. Mr. Viering - It seems to e that any kind of development like this, has a set of stages n must face. Hopefully, the bottom line to all that is , that h building gets the Certificate of Occupancy. What I don't un er tand is , that a person like you, who has developed a number of uildings , and you are a professionai . Why did you skip all th s eps, in going through all these things, and then put peop e 'n the building, before you had the Certificate of Occupancy? Mr. Kerwin - Might I may s ggestion? The notice to vacate be removed and stayed until t e lanning Commission has a chance to review the 14th, 15th and 1 h plan and the City Council . Mr. Viering - When will thi 11 happen? Mr. Kerwin - I 'm not sure. One application last summer and one application now. Mr. Kerwin - The law on Con itional Use Permit is; within 60 days of the date of applica i for Conditional Use Permit. The Planning Administrator shal s bmit the application together with additional information to t e lanning Commission, it does not say that they have to appro e 't. Mr. Chairman, they are going to knit pick and find items fr m ow until eternity. It has got to get to the Planning Commission and the City Council . 3 Mr . iilton - Mv o�inio� is verv dif*erent ther� mv co? ieaque. untortunate ! v. it comes *o tne �ame canciusio�. �ecause the onlv issue, before this DOdrd is : car� people continue to iive there? .4ii these feliows rrom the ciiv seem like noou auvs . �nv Cdl'l�t t.Y?t� t-� I �r:^1 f1Q �omm' �5 ? O�I �P� d j 1 t.P ��! ! aW P ! dr! . reV i A�,y - ��fl�,? dr?��I"IJV� i l. . ..!J(1L f (I�_.1UC�-lt IJ�VI^I i dL'�'1"- d�.I�C�CVVd � ri lJf!1 r�le l.O?��' Vi Enqineers . I �uess i fieel that some of the fauit iies wirh the ci*v, and some of tt-�e fault lies with you , Mr . Kerwin. I 'm �oina to vote against people living in tr�e building . because. that is the issue before this board. When was the first pian submitted? Mr . Kerwin - the first plan was submitted in 1y83 , we met with F�ick Weiderhorn and PED. At that time, it was going to taKe 3 months, before approval , then it died. It turned into strong opposition. At that time, we were toid to draw another plan, which we did, that died also. Then we were told to form a partnership with thz neighborhood. this we did, that died also. It never did get to the F1anning Commision. We made application to modify the flood way line. because there is a peninsula in front of the h�uildir�4. that is part of the architectuai inter-face with the river. We spend $ 10 , 00U . 00 with Th:DA to do a fiood way studv of the r i ver . to st�ow that redraw i n�a t.he f 1 ood way 1 i ne would be permissible. and that. was submitted to the city and nothing happeneci. A year later , meanwhile the city renegeU on it.s aQreCm�nt to bUy tne pro�erty. 81onq came an ltem befor� tFle i�lanninq Commission and it was to redraw tt�e filood way line. What thev r�ad done. was to come up with a proposai to rsdraw the flood wav line, not around the peninsula. but squdshina it bac.k aaainst our property. such that as a practical matter . we nave iust about the only un-devel��pabie pro�erty. Un a for�r_y d��re study we were excluded. Mr. Suderholm - Speaking for the Plan�ing Givision, let me comment, first, Mr . Kerwin has done plans and talked with city staff about zhem. this does not mean he has gone for zoning approval . He has talked to people in the development division to try and set up a deal to see if we can get a pro.ject to work. The first plan to be submitted for zoning review was submitted last August, 1988. It was reviewed normally by the staff. This took about a month. followed by a letter explainina what had ta be done. So, the first application that was submitted to the Pianning Commission was in December. 1988. We informed Mr. Kerwin that it was incomplete and we wanted him to get the rest of the information to the Planning Commission for their review. As to what the Planning Commision did with the Fiood Way designation at the time of the Zoning study, about where the designation should go thru Mr. Kerwin's property. At the time it was started there was 43% of his property, that was bullr�tat�le At the end of the study 83% of his property was buildable. The P 1 ann i ng Comm i s i an d��ub 1 zci ti-�e amc�unt at 1 enc�. 14 . ' � � ��'r`I�°� Mr. Glassman - John, maybe th best thing for this board to do is not to hear the appeal . L t ou go to District Court with this issue. Mr. Kerwin - My Attorney e ch nged letters with the Mayor about two years ago. 7he Summon a d Compiaint is on the Attorney' s desk getting ready for ser ic . I just thought, there really has to be a better way to see i thing out over years and years. What I am doing is exhausti g the administrative remedies, if they are exhausted today, t e I will end up in Court. I do think, however, before that t me, it is very important that we be able to go before the Plannin Commission with a positive proposal for the building. Mr. Gtassman - The City is o stopping you from doing that, its just that you had tenants i he building long enough. BOARD ACTION: Motion made y David Schultz to deny the request for lifting of the Placard n the Condemnation and amend the vacate date to be March 31 , 1 9. Seconded by Harold Knutson. 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