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88-1088 WNITE - C�TV CLERK � � PINK - FINANCE � � COUACII ���0�� CANARV - DEPARTMENT � G I TY� OF SA I NT PAU L BLUE - MAVOR � , FlI@ NO• � Co�ncil Resolut� n � _ - 3l '�- Presented By Referred Tq o mittee: Date Out of Committee By Date BE 1T R�SOLVED, That; the Council of the City of Saint Paul hereby certifies and approves the action of the Cityof Saint Paul Board o£ Appeals and Review pertaining to the following listed property and as shown by Excerpted Minutes of said Board of Appeals and Review, dated May 10, 1988 , and marked EXHIBIT A, and attached hereto and made a part h�reof by reference: DATE OF BOARD MINU'TES CASE NO: PROPERTY APPELLANT 05/10/88 30-88-H 934-936 Galtier St. Twin Cities Habitat for Humanity Orin Scandrett BOARD ACTION: Moved ta' refund the filing fee of $10.00. PROPERTY DESCRIPTION: Lewis Second Addition Lot 20 Blk 15 ------------------�------------------------------------ 05/10/88 27-88-H 2O17 Iglehart Ave. Thomas K. Machacek BOARD 'ACTION: Granted an extension for 30 days (June 10, 1988) to modifyjthe windows in Apartment No. 1 and No. 2 on first �loor. PROPERTY DESCRIPTION: ;Merriam Park iRamsey Co. , Mn. W. 5 Ft. of Lot 9 and all of Lot 8 Blk 19 -----------------'-------------------------------------- COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Long In Favor Goswitz Rettmlan �; Sc6eibel �_ Against BY Sonnen �iiSFeesr JUL - � ,�8 Form Ap by City ttorne Adopted by Council: Date - C Certified P�5& Counc.il , etar By c gy, ���:� I t\pprov by Pulavor: Date •' ����� 7 � p►Pproved by Mayor for Submission to Council By �.I4HE� J U L 1 f� 198$ � ' ���0� :�°_. 012452 � BOARD OF APP S & REVZE�EP� � . � Jose hine P. Bon ioeanni CONTA x NAME 298-4163 PHONE � ; � DATE ASS T G RD R: See reverse side.) _ Departmen Director ,_ Mayor (or Assistant) _ Finance a d Management Servic s Director � City Clerk _ Budget Di ector � C il Resear i __ � City Atto ey _ __ TO B N P (Clip all locations for gnature.) WHA WI V G 0 H T C D I (Purpose/Rationale) , Approving the. actions of t � Board of Appeals & Review meeting of May_10, 1 88. N mber of cases 2 Council Research Center. 1 - ref nd of filing fee 1 - ext 'r�sion of time �UN 2"� �9Sa COST B N IT UDG Y AND P R ' NN MPACTS C PA � N A I CI S UDGET C BE C GED 0 CRED ED: (Mayor's si nature not required if under $10,00�.) Total Amo t of Trans�ction: N/A Activity Number:N/A Funding S urce: N/A ATTA NT : (List and number 11 attachments.) 1 Resolution wit minutes attached. ADM IS IVE PROC DURES _Yes No Rules, Regul 'tfons, Procedures, or Budget Amendment required? _Yes No If yes, are hey or timetable attached? DEPARTMEN` REV EW CITY ATTORNEY REVIEW _Yes No Council resol ion required? Resolution required? _Yes _No _Yes No Insurance req �ed? Insurance sufficient? _Yes _No _Yes No Insurance att ,c�ed? �����-� , � . � SAINT �PAUL BOARD OF APPEALS AND REVIEW 705A City Hall �aint Paul , Minnesota 55102 MINUTES, MEETING OF MAY 10, 1988 MEMBERS PF�ESENT: Ron Glassman. Chairman Sean Carey Oavid Schuttz Glenn Gausman Bill Tilton C�THERS PF2ESENT: Pat Fish, St. Paul Fire Prevention Larry Ackerman, Public Works Department Gary J. Pechmann, Div. of Public Health � Mike Kasson, Public Works Department Phil Ethier, Nicholas M. Schneider, Ed Nally, Raymond Thorson, Vicky Thorson, Gayle Stangeland, Geoffrey Miller, Todd Smart, Charles Gholl , Kay Machacek, Ed McCue, Ralph Malmberg Sl'AFF : ' Flo Zaragoza, Secretary The meeting was called to order at 1 :30 p.m. on May 10, 1988, by Chairman Ron Gl�ssman. He welcomed the citizens and explained how the process works. Chairman Glassman mentioned that a replacement has peen named by the Mayor, but did not have any of the particulars. 1 . Approval of' minutes of the April 12, 1988 meeting as submitted ir1 writing. Gtenn Gausman MQVED approval of the minutes of the April 12, 1988 meeting. Motion seconded and passed unanimousiy. -----�--------------------------------- 2. CASE HEARi,NGS CASE NO: PFlOPERTY RPPEALED APPEL�ANT Zg-gg-H 13Q4 Arona St. Nicholas Schneider APPEARANCE : N�9cholas Schneider 5lJBJECT: Appellant is requesting a variance on rainleader disconnection as appellant feels it would create a water problem i n hi s basemen�t. PROCEEDINGS: 'Mr. Schneider explained he is requesting a variance on the downspQut rainleader disconnect. Water flows right through the wail bldcks and underneath the basement floor. He feels that the di �connection of his rainleader has caused the water problem in hi � basement. The water is in a sand basin that goes down to the s�ubsoil . Below the subsoil is a layer of clay which 1 � ` • � water does not flow through. The homes in his neighborhood now sit on a lake due to this disconnect. He mentioned that NSP is also having problems with water in their lines. Ne did suggest a dry well disconnect so the water is taken away from his property. He also stated that Public Works agrees with his suggestion, but the City does not want to pay for the expense. Mike Kasson, from Saint Paul Public Works Department, Sewer Oivision explained the rainleader disconnection ordinance variance policy. First, the homeowner would request a variance. Public Works reviews and makes a determination as to approving/disapproving the variance. If a variance is granted. fine. If a variance is not granted, the request is sent to the Sewer Division for review and a final determination is made. If the homeowner is not satified with Pubiic Works' decision, the matter is sent forth to the Board of Appeals. In this case, Mr. Schneider's request has been disapproved and he has requested the Board hear his case. Larry Ackerman, Sewer Division, Public Works Department said that it is the department's opinion that the watershed is such that it will drain away from the house and not damage his basement. Discussion followed and it was generaily felt that instaliing the dry well would not sotve the probiem since the home, possibly the whole neighborhood, sits on a high water table. Also when the laws change people must make changes at their expense, not at the City's expense. BOARD ACTION: Bill Tilton MOVED to der�y the variance on rainleader disconnection. Seconded. Mr. Tiiton explained why he denied the request: First there is not enough evidence to establish that it is a geological problem. Second, if the whole neighborhood is indeed has a high water table, Mr. Schneider's problem won't make that much of a difference. The whole neighborhood would need to petition to the City Council for a variance because of the particular geology of neighborhood. By installing the dry well would not solve the problem. Motion carried. --------------------------------------- 30-88-H 934-936 Galtier St. Twin Cities Habitat for Humanity Orin Scandrett APPEARANCE: None SUBJECT: Appellant has been working with Vacant Building Division, and has been able to resolved the violations, therefore, the Appellant is requesting a refund of the filing fee of �10.00. 2 ���o�� . � , . PROCEEDINGS: Pat Rish, Fire Prevention, explained that this is a vacant building wi,�th the Health Department. She said that the parties involved h�ve resolved the problem - the Appellant is only a�king for their f�e back. BOARD ACTION: Bil ,l Tilton MOVED that if indeed the appellant is asking for their $ 10. 00 fee back, because they have resolved the issue, refund them the filing fee. If they are requesting a variance of the v�acant building, deny the request. Seconded. M�otion carried. --�--------------------------------- 29-88-H 2O88 Nokomis Ave. Raymond Thorson APt'EARANCE : Raymond and Vicky Thorson Plo representation; from the City. SUBJECT: Appella;nt is requesting a variance on constructing a 6 foot fence on sid�e of yard to corner of garage, the reason is for privacy and to ke�ep children off side lot. PROCEEDINGS: M�*. Thorson explained he is requesting a variance on constructing � a 6 foot wooden fence for privacy and to keep children off hi� lot. He plans to construct the fence 11 feet from the garage �owards Pederson Avenue. Discussion follbwed and it was generally felt that due to the corner stop si�n it would be best if the appellant angte the corner off - to� a 3U degree angle - so the line of site coming down Nokomis wil�i not be obstructed. The Thorson's said they are wii �ling to angle' off the corner to 30 degrees BOARD ACTION: �Sean Carey MOVED to grant the variance on the construction o� a 6 ft. fence, with the understanding that the appeilant angl � the corner to 30 degrees so the line of site �oming down tMe street is not obstructed and that the set back requirements ar� adhered to. Seconded. Motion carried. �----------------------------------- 21-88-H 470 Aurora Ave. Charles Crutchfield APPEARANC� : P�t Crutchfietd SUBJECT: Appellant is requesting a variance on fence height around N.S.P tr-ansformer, and East and Southeast lot lines around the back yard. ; 3 ` . PROCEEDINGS: Mrs. Crutchfield explained she is requesting to have a variance on fence height around her back yard (from five feet to seven feet) and around the N.S.P, transformer box (nine foot fence) . She explained the increase in fence height around her backyard would prevent adu)ts, as well as children, from jumping into her yard and picking her vegetables and fruit trees. She further explained that by installing the nine foot fence around the transformer box, people wouid not be abie to boost themselves up into her yard. Mrs. Crutchfield said the fence , would be the same chain-linked, only that the color would change. BOARD ACTION : Bill Tiiton MOVED that the request for variance on fence height around N.S.P. transformer, and East and Southeast lot lines around back yard be granted. Seconded. Motion carried. ------------------------------------ 20-88-H 823 N. Snelling Ave. Beta Kappa Corp. Geoffrey Milier APPEARANCE: Geoffrey Milter Todd Smart SU6JECT: Appellant is requesting a variance on the number of baths for present occupancy load. PROCEEDINGS: Mr. Miller explained he is requesting a variance on the bathroom code. The three-story house currently has a bathroom (shower, urinat , stool and two sinks) on the second floor. There is a bathroom in the basement with a shower, stool and one sink. Mr. Miller would like to able to use both bathrooms , and be allowed eight people per bathroom. The number of people using the bathroom falls below the ratio Hamline University uses for their dorms. Gary Pechmann, City of Saint Paul 's Division of Public Health, said the ordinance requires one complete bathroom facitlity (handsink, shower/bathtub, and toliet) for every five residents or fraction thereof. At the present time there are nine residents at the house which would require two complete bathroom facilities. Mr. Pechmann also stated that the ordinance require the bathroom be on the same floor, on an adjacent floor or on an adjacent floor but not in an occupied space. Therefore, the toliet in the unoccupied basement would not meet the ordinance. Mr. Pechmann has no objection to utilizing the basement bathroom fior the nine residents; however, Division of Public Health has not checked with the Zoning Code as to the number of occupants that can be in that area. He recommend contacting the Zoning Board to find out what they say about 16 - 18 residents using that area. 4 ' ���o� ' Mr. Miller explain'ed that 16 is the maximum number of residents allowed (house rul;es) . He stated that due to school , ,�obs and family, it was very rare that all residents woutd be in house at the same time. From his own experience, this has not been a problem. Mr. Smart said at present there are 9 residents. with pians of increasinc� the number to 11 (within the next two years) . B(JARD ACT'ION: G�enn Gausman MOVED to grant a variance on the bath situation, writh provisions that there be no more that 16 l ;iving in the house and that the basement bathroom be approved for use within thi ,'s variance. Seconded. Motion carried. ------------------------------------ � - - 9-189 1 2-191 8th St. E. Gayle Stangeland 59 87 H 18 / APPEARANCE: Gayl� Stangeland �UBJECT: Appelian� is requesting the Board review her case again. This case was on the Agenda in January, because of a death in the family the Appel �yant was called out of town. She was scheduled in February and �lid not attend the meeting as she claims she was not notified. lained she is re uesting a PROCEEDINGS: Ms�. Stangeland exp q variance on the w�indows. The building has been designated as a heritage preser;vation site; enlarging the windows in the building is incor�sistent with the preservation program. She said she pians to p1aCe the building on the Nationai Register and use the tax credits �for restoration. If she alters the windows in the building's f�cades, she will be denied the tax credit. The present windows �re 20 inches by 86 inches. Pat Fish, St. Pa}�1 Fire Prevention said the minimum width for the ; windows is 20 inches . If the windows do in fact measure 20 inches ; wide they would accept that, but the windows need to be approved. � � BOARO ACTION: S;ean Carey MOVED to grant the variance contingent � upon inspection,� and if inspection approves that the windows are ; indeed ZO" or acceptable, the $10. 00 filing fee will be refunded. ; He ammended his �motion to include the variance for the percentage � of windows. Seconded. ' y----------------------------------- ; ; , � 5 31-88-H 189 1/2 E. 8th St. Gayle E. Stangeland APPEARANCE: Gayle E. Stangeland SUBJECT: Appellant is requesting a variance on bathroom facilities for the present occupancy. Discussion followed and the Board felt that the appellant met the five (5) person per facility ordinance. Glenn Gausman MOVED to grant the variance on bathroom facilities for the present occupancy. Seconded. Motion carried. ------------------------------------ 23-88-H 756 Hall Ave. Edward C. McCue APPEARANCE: Edward C. McCue SUBJECT: Appeliant is requesting a variance from St. Paul Legislative Code 34.09 (Dead Bolts) . PROCEEDINGS: Mr. McCue explained he is requesting that the Dead Bolt request be waived. The building has had no history of break- ins. From a fire safety standpoint, he could not understand why an additional 1/2" throw on a deadbolt would secure an individual in a fire situation. The doors have wood frames, are self- closing, and have been inspected and approved. The dead bolts that are currentiy on the doors are 1/2" - 5/8" bolt extentions (keyed on the front, thumb knobbed on the back) . Mr. McCue said if the bolts were to go bad, he is willing to replace the bolts with the one ( 1 ) inch bolt. Pat Fish, Fire Prevention, said the inspectors found the building to be nice, and safe. It is a security building with solid wood doors and frames with 1/2" dead bolts. However, she did say that this is not a Fire Code item, rather a St. Paul Legislative Housing Code item. Therefore, woutd support the variance. BOARD ACTION: Sean Carey MOVED to grant a variance pertaining to the deadbolts with the condition that when they need replacing that the locks be replaced with one ( 1 ) inch deadbolt. Seconded. Motio� carried. ------------------------------------ 6 ����� , . . . 25-88-H 1025 �leveland Ave. S. Highland Court Charles T. Gholl APPEARANCE : Charles' T. Gholl SUBJECT: Appellant �'is requesting a variance on Escape Windows in bedrooms having to Gonform with the 48 inch height requirement. E30AR0 ACTION: Oave Schults moved to deny the motion for the ladcter, but would accept a foid down step with correct size (30 inches wide, 8 inch rise and 9 inch run) permanently affixed to the wall . Seconded� Motion carried. ----T---------------------------------------- 27�88-H 2O17 Iglehart Ave. Thomas K. Machacek APPEARANCE: Kay Machacek SU��ECT: Appellant �is requesting a variance on Escape Windows in Apt. #1 & #2 on fir�st floor. PROCEEOINGS: Mrs. Machacek explained that she is requesting a variance on escape windows in the first floor front apartments. The front apartments face the front of the building and share an entry door. The door is a picture window door. She feels that if the front windows were broken, there would be plenty of space for the firemen to enter. Pa�t Fish. Fire �revention said the escape window is a fixed, c�ntered picture window with two smali windows, one on each side. The windows on the� side are fixed, but openable, but not legatly large enough to get through. Each window is approximately 17 ihches. The picture window is 53 inches wide. An option would be to modify th�e present window to meet the current code - install an auning �vindow that would open from inside or hinge the window that would fasten at the bottom. BOARD ACTION: Glenn Gausman MOVED to deny the variance. qertaining to the �escape windows in Apt #1 and #2 on first floor. The Appellant was given an extension of 30 days (June 10, 1988) �o modify the win�dows so as to bring them into code complaince. Seconded. Motion �carried. , --�--------------------------------- ,I � 8 24-88-H 1045 Cleveland Ave. S. Highland Court Charles T. Gholl APPEARANCE: Charles Gholl , Resident Manager SUBJECT: Appellant is requesting a variance on Escape Windows in bedrooms having to conform with the 48 inch height requirement. PROCEEDINGS: Mr. Gholl explained that he is requesting a variance on the garden level two (2) bedroom apartments for one of the bedroom windows to conform with the escape window height requirement. He proposed a ladder along the wall underneath the sill , which the bed would go against. He stated that this ladder would not reduce the integrity of the room. Pat Fish, St. Paul Fire Prevention said the windows are fine as escape windows , it is just the sill height that is not acceptable_ Escape windows should not be obstructed because in emergency situations. people are not functioning under normal conditions. She said the Fire Department cannot approve any type of ladder for an escape. Buitding Code requires a normal eight (8) inch rise, nine (9) inch run, 30 inch width step. The use of the type of ladder Mr. Gholl is suggesting is dependent on the size of a person's condition and if one is elderly. Discussion followed pertaining to the i�nediate escape from the sleeping room and it was generally felt that the ladder could not ensure a person's safety. BOARD ACTION: Dave Schultz MOVED to deny the motion for the ladder but wouid accept a fold down step with correct size (30 inches width, 8 inch rise, 9 inch run) permanently affixed to the wall . Seconded. Motion carried. ----------------------------------- 26-88-H 1055 Cleveland Ave. S. Highland Court Charles T. Gholl APPEARANCE: Charles T. Gholi SUBJECT: Appellant is requesting a variance on Escape Windows in bedrooms having to conform with the 48 inch height requirement. BOARD RCTION: Dave Schultz moved to deny the motion for the ladder, but would accept a fold down step with correct size (30 inches wide, 8 inch rise and 9 inch run) permanently affixed to the wall . Seconded. Motion carried. ----------------------------------- 7 � ' ��/O�d 4 . , , 22-88-H 395 North Fairview Ralph E. Malmberg APPEARAMCE : Ralph �. Malmberg SUBJECT: Appellant� is requesting a variance having to remove Double Keyed locks �on apartment doors. PROCEEDINGS: Mr. 'Malmberg explained he is requesting a variance ta be allowed to l�ave the double keyed locks on apartment doors. Te�nants are in favor of leaving the locks the way they are. The keys are not permar�ently affixed in the locks. The locks are for security measures ; tenants primarily use the locks when they leave during the d�y, but use a chain lock at night. P�t Fish, Fire Rrevention said its a Fire Department required pQsition as well a� a code requirement that for a person's safety while leaving out ' of the building, one cannot have a removable k�y lock from the� inside. She suggested that one could either cbver the glass pn the door or install a more substantial door with a single keyidead bolt. BOARD ACTION: Bil �l Tilton MOVED to deny the request for variance on double keyed lo�ks. Seconded. Motion carried. There being no fUrther busines to come before the Board, the meeting was adjourhed. . ; � � I � i � � I i i , " � , � , � I i � - 9