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99-304�i�! V���i� Presented Refesed To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the March 16, 2 1999, decision of the L.egisiative Hearing Off'icer on Property Code Enforcement Appeals for the foliowing 3 address: 4 Property Anpealed 5 807 Hampden Avenue 6 Decision: Appeal denied. Ap elp lant Peter Bazott for JLT Group, Inc. 7 8 9 10 11 12 13 Yeas Na s Absent Blakey ✓ Coleman ✓ Huris � Benanav t / Reiter � Bostrom c/ I.antr}' � �o O 14 Adopted by Council: Date ��� `�`� 15 16 Adopfion C by Council ecretary 17 By: �\ �- . � 18 Approved by Mayor: Date �i� ���y� 19 By: <� N��'�c�Li RESOLUTION SAINT PAUL, MINNESOTA Council File # �g — 30y Green Sheet # 64028 a� Requested by Depaztment of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 1 City Council Gerry Strathman, 266-8575 April 7, 1999 3-29-99 ROUnMG OROER TOTAL # OF SIGNATl1RE PAGES GREEN SHEET 99•��1 No 64028 � �...,�,. �� � m„�. _ ❑ fJIYATiOAIEY ❑ fJIYCLFRK _ ❑ w+nxoiu.a�xNCFSO.� ❑ wuxcu�immaarc ❑�1AAVOR(ORA85tsTAMT) ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement appeals for property located at 807 Hampden Avenue. (Laid over from 3-2Z-99) JUAI IVN APPfOV2 (A) Of K2j2C[ PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION When, Has this personffrm ever worked under a coMrac[ fw this tlepartment? VES NO Has this pereo�rm ever been a city empbyee9 VES NO Dces this persaNfiim possess a sldll not namally{rossessetl by any arrent cily employee? YES NO Is this persoNfi�m a qrpMed vendon YES NO �lain all ves answe�s m seoa�ate sha2t and attach W areen sheet 4Q��P�i �7 scr'm`• ✓."�:z 9 4::�s $i�i� �R� � � ��ss OF TRANSACTION SOURCE COST/REVENUE BUDCETED (CIRCLE ONE) ACTIVITY NUMBER YES NO (IXPWN) q9-3�y NOTES OF THE PROPERTY CODE ENFORCEMENT MEET`ING March 16, 1999 Room 330 City Hall Gerry Strathman, Legislative Hearing Officer Gerry Strathman called the meering to order at 1:34 p.m. STAFF PRESENT: Pat Cahanes, Public Works; Pat Fish, Fire Prevention; Phillip Owens, Fire Prevenrion; Bob Seifert, Fire Prevention; Mike Urmann, Fire Prevention 1059 Maryland Avenue East (Rescheduled from 3-2-99) Phillip Owens reported the owner is appealing the following on the deficiency list: Item 1- Scrape and paint exterior trim, Item 7- Immediately discontinue use of unapproved sleeping room now located in commercial space and remove bedding, and Item 10 - Remove all non- current licensed vehicles from the pazking lot. Lawrence Heath, owner, appeared and stated he will paint when the weather gets wazmer. It will be completed within 2 months. As for Item 7, no one else uses the room. There is a back door, front door, and lots of windows. He could get out readily in a fire. The unlicensed vehicles in the parking lot have been there for 3 years. He should have tabs within a month or so. Phillip Owens reported he would have no objection to an extension to June or July for the painting. For Item 10, he has no objection to a reasonable continuance to license and repair the vehicles. Item 7 poses a problem. It is not really a room. It is an area inside the commercial space on the first level. There is no way to znake it a compliant sleeping room; there is no way to install an escape window. It does not have smoke detec6on. The appellant has an apartment on the second level. This may be a zoning issue as well. Lawrence Heath responded he has been at this address for 25 years and has never been questioned about the sleeping area. It is right off the kitchen, and there is a bathroom nearby. It is inconvenient for him to go up and down the stairs. There are burglaries on occasion in his neighbarhood. Mr. Heath cannot be aware of being infiltrated without being on the first floor. Gerry Strathman granted the appeal as follows: the owner has until June 30, 1999, to finish scraping and painting the exterior trim; the owner has until Apri130, 1999, to properly license and make operable the vehicles on his property; and, despite the Fire DeparhnenY s legitimate concem, the owner can be the only person to use the sleeping room located in the commercial space, provided a smoke detector is present. 1855 Seventh Street East (Rescheduled from 4-6-99) Pat Fish reported she told the owner he did not have to appeaz. She suggested the appeal be granted. Gerry Strathman granted the appeal on the egress window. gq - 3oy NOT'ES OF THE PROPERTY CODE ENFORCEMENT MEETING Page 2 693 Arlington Avenue East Elizabeth Seropian, owner, and her daughter Elizabeth appeazed. 7uliette Seropian stated they received a 3 year time extension to compiy with the rainleader ordinance. This extension has expired. T'here has been ice build up in the fall and spring in the backyard due to water refreezing. In a heavy rainstorm, there could be water seeping through the wall in the basement. There is already moisture on the ground level. The owners aze 75 and 78 years old. Pat Cahanes reported the owners were given a 3 yeaz extension. During that time, they were suppose to look at disconnecting the rainleader. Nothing has changed. Gerry Strathman stated the migration of water can be a problem, but he is unwilling to grant a variance on the basis of water in the basement because that would set a bad precedent. Elizabeth Seropian stated the City should study this issue because lots of water comes downhill from Payne Avenue. She fell and broke her ankle on the ice on the sidewalk. Her ankle was never set correctly. Gerry Strathman granted a 3 yeaz variance citing that storm water is creating a walking hazard given the age and disability of the owners. Disability is legitimate grounds for granting a variance. However, someday the owners wili have to deal with this problem. 2252 Falcon Avenue Judy Tschida Martinez, owner, appeared and stated the fire marshal said she had two bedrooms in the basement without egress windows. Ms. Martinez moved the beds out and turned the rooms into storage. The tenants moved upstairs. This is a five bedroom house. She has four boazders, one of which is her brother. Ms. Martinez is trying to find a contractor to make the sleeping rooms in the basement legal. She is having financial difficulties and needs the income. She is thinking of getting legal rezoning. Mike Urmann reported he met with the appellant on site. The two downstairs units have been removed. The only issue remaining is not meeting the zoning code in regazds to boarding for more than three unrelated adults. Gerry Strathman asked how many unrelated adults are there. Mike Urmann responded more than 3 would require her to go to rooming and boarding, and she has three tenants, herself and her husband. The family members all count as one, which would make four people living there. This puts her one over the requirement. Gerry Strathman asked how long it will take to get the zoning approval she needs. Judy Martinez responded some say three months and some say longer. Also, she was told 4—the family as 1 plus 3 boazders—is legal. 9g-3o4 NOTES OF THE PROPERTY CODE ENFORCEMENT MEET`ING Page 3 Gerry Strathman laid over to the July 20 Properry Code Enforcement meeting to take care of the zoning issue. The sleeping azeas in the basement have been discontinued so that issue is moot. 807 Hampden Avenue Peter Bazott for 7LT Group, Inc. stated he was here in 7anuary on a sunilaz manner. He received a letter dated Febmary 23, 1999 in which JLT Group was told the storage heights should not exceed a certain number of feet. This system was installed in 1990 under pernut. From 1990 to 1995, there was no sprinkler system at all. JLT Group installed it voluntarily. The City is asking them to bring the sprinkler system up to what they feel is adequate. Mr. Barott asked why the system is all o£ a sudden not adequate. He requested a vaziance from the sYOrage height. Bob Seifert reported due to the storage configuration and the commodity classes being stored, this building would require a sprinkler system. It is unknown if it has changed in 1990. Peter Barott responded they bought the building in approximately 1989. Before that it was being stored for food. Mr. Seifert responded commodity classes aze more hazardous than food storage. He would like the owner to decrease the storage height in compliance with the design criteria. High piled storage is dangerous to fight in a fire. Phillip Owens reported in some warehouses, a business will sprinkle the building as economically as possible. It is the obligation of the properiy owners to notify clients who are leasing space what type of commodities can be stored there. These clients were never told. The business is sprinkled to an ordinary hazard. The owner is being asked to reduce the height of the storage or upgrade the sprinkler system. Gerry Strathman denied the appeal. The sprinkler may be adequate for a different type of storage, and for what was present in 1990; however, he has to accept the Fire DepartmenY s testimony that it is inadequate for the cunent code and the current use. 559 McKni�ht Road South James Robin, representing Leonard N. Anderson, appeared and stated this is an appeal of 2 orders: a vehicle abatement order and a summary abatement order. Mr. Anderson contacted the Metropolitan Center for Independent Living. They agreed to fund improvements on his property plus removal of items covered in the abatement order. This proposal takes time. Mr. Robin presented a letter dated 3-11-99 from Metropolitan Center for Independent Living. Gerry Strathman read most of this letter into the record. (Copies were made of this letter.) James Robin stated Leonard Anderson is asking for time to have the contractors do the required work. Gerry Strathman stated the letter mentions acquiring funding and asked does Mr. Anderson have the funds or is this a proposal to be used to seek funding. Mr. Robin responded the Metropolitan Center far Independent Living would be the funding agency. They provide 99-3oy NOT'ES OF THE PROPERTY CODE ENFORCEMENT MEETING Page 4 funding for low income and handicapped people. Mr. Anderson gualifies because he is on social security disability. Mr. Strathman asked would this proposal address the items on the abatement order and the vehicles. Mr. Robin responded it does. Chuck Votel reported Leonard Anderson was gven a notice to clean up the property, and remove vehicles. That order was appealed, Gerry Strathman denied the appeal, and the City Council affinned that decision. At that point, Mr. Votel declared the vehicles, rubbish, and other items a nuisance and summary abated them. This is one of the orders being appealed today. Also, unless major repairs aze commenced to the house by Apri130, Mr. Votel will condemn it as unfit. Richazd Wolff, 2190 Mailand Road, appeazed and stated he is west of Leonard Anderson's property. He has been at this address for 1'/z years. Mr. Wolff has done a lot of reading on the history of this property. Citations have been issued as faz back as 1994. Mr. Anderson has tried numerous attempts to drag this out. He has evaded all efforts to clean up his property. A houseboat has been sitting there since Mr. Wolff moved into the neighborhood. There are stacks of telephone poles which may contain creosote. All the homes in the area have wells, and this poses a contamination issue. Mr. Wolff has had his well tested 3 times for this reason, and his well water has come up clean. There is a crane truck on the property. None of the vehicles are registered. Mr. Wolff presented a petition signed by 16 neighbors who are in support of denying this appeal. (Note: Mr. Wolff turned in a petition entitled "I support 559 McNight Clean Up.") Jody Mahowski appeazed and stated that Leonazd Anderson is taking her husband to conciliation court so that an elevator can be returned to him. Ms. Mahowski's husband did Mr. Anderson a favor by helping him clean up his property two years ago. The Mahowskis also have telephone poles and iron posts that will be returned to 559 McKnight. Mr. Anderson has items stored around the neighborhood. Ms. Mahowski has stacks of paperwork of people Mr. Anderson is taking to court. Jim Barber, 525 McKnight Road South, appeared and stated he has lived at this property for 14 yeazs, and I.eonard Anderson's property does not get any better. Sometimes the items go away for a while, but they always come back. Carl Anderson, 2150 Mailand Road, appeared and stated the letter from Metropolitan Center for Independent Living reads "submit applications for funding." This is another one of Leonazd Anderson's ruses to gain leniency from the court and City Council so he can move the items from one place to another. This has been going on for more than five yeazs. There is no reason to continue with current violations when the past ones have not been dealt with. The City has been more than fair to L.eonard Anderson. Roger Anderson, 2221 Mailand Road, appeared and stated his home is the only new home built in this area in 40 years. He applied for a building pernut, he had blueprints, he went through the qq_ 3oy NOTES OF THE PROPERTY CODE ENFORCEMENT MEET'ING Page 5 codes, the inspectors, the gas company, the water company. He would like to see the inspection record for 559 McKnight Road South. Roger Anderson would Iike to know how I,eonard Anderson got a pernut, how the City turned on the water, how the electricity got turned on, and how the gas meter got installed on the house. None of these items could have passed inspection. This home is inhabitable. It could be a dangerous situation for other homes in the azea. Leonard Anderson is his uncle. Kathy Bauer, 569 McKnight Road South, appeazed and stated Leonazd Anderson moves items out of his home when he expects the police to come the next day. He has a boom truck that he runs after dazk that shakes her house. There is a City bus that he is disassembling. People come up his driveway at all hours. People have to honk their horn twice or he will not answer. John Luvefield, 545 McKnight Road South, appeazed and stated he borders I,eonazd Anderson's house on the north side. Mr. Luvefield has lived there for 22 years. There is a lot of junk on Mr. Anderson's property: abandoned vehicles, a boat, telephone poles, broken up concrete, and blacktop. He dumps it over the hill and sometimes it gets on Mr. Luvefield's property. This has been going on for five years. Patty McDonald, 2150 Mailand Road, appeazed and stated everything the previous people said is true. L.eonazd Anderson had applied for Ramsey County program monies to fix up his property, and was denied. He had Ramsey County Human Services benefits that were denied when they found out all the information about Mr. Anderson. James Robin stated a lot of what has been said is irrelevant to this appeal. Personal antagonism between people has no bearing on this issue. Chuck Votel reported this property has a lot of history. He is concerned about the letter from Metropolitan Center for Independent Living. It is not a commitment to do things, but rather a idea that some things will be done. The letter has completion dates of May, July and September. It should not take that long to remove these items. Mr. Votel is prepared to go to the property with tow trucks, crews, and remove the debris. If L.eonard Anderson does not follow through with repairs to the house, Mr. Votel is prepared to order the house vacated due to its substantial deterioration. Gerry Strathman stated much of what was said is itrelevent to the matter before him. The Code Enforcement orders aze legal and proper. The fime Code Enforcement offered is in accordance with City ordinance. Implicit in information provided here is that there aze improperly stored materials on this property and vehicles that aze not properly stored nor licensed. There aze sufficient facts and evidence to support the basis for the summary abatement order and vehicle abatement order. The orders were issued on November 11 and Leonard Anderson was given until February 22 to respond. Now through Mr. Anderson's exercise of his appeal rights, it is now Mazch 13 and it will be another 8 days before this matter comes before the City Council. °lq -30 4 NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Page 6 Mr. Anderson will have had from November 11 to Mazch 24, which is more than a reasonable time to comply with the orders. Gerry Strathman denied the appeal. 891 Carroll Avenue (Rescheduled from 3-2-99) Gregory Fowlkes appeazed and stated the building was condemned and he did not have enough time to move. The judge in Room 131 told him to pay the court fee and the rent until Mr. Fowlkes finds a place. He will have a place to move into on Apri13. Pat Fish reported the owner was renting out the basement. There were several attempts to contact the owner. It was not a legal rental because there was no fire separation, no escape window, and no second exit. Gerry Strathman denied the appeal. It will not be until March 24 when the City Council makes their final decision on this. Gregory Fowlkes has until the morning of March 25 before he will have to get out of the home. There are emergency housing options available. Mr. Fowlkes may have to go into temporary housing. The meeting was adjoumed at 2:58 p.m. rrn �i�! V���i� Presented Refesed To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the March 16, 2 1999, decision of the L.egisiative Hearing Off'icer on Property Code Enforcement Appeals for the foliowing 3 address: 4 Property Anpealed 5 807 Hampden Avenue 6 Decision: Appeal denied. Ap elp lant Peter Bazott for JLT Group, Inc. 7 8 9 10 11 12 13 Yeas Na s Absent Blakey ✓ Coleman ✓ Huris � Benanav t / Reiter � Bostrom c/ I.antr}' � �o O 14 Adopted by Council: Date ��� `�`� 15 16 Adopfion C by Council ecretary 17 By: �\ �- . � 18 Approved by Mayor: Date �i� ���y� 19 By: <� N��'�c�Li RESOLUTION SAINT PAUL, MINNESOTA Council File # �g — 30y Green Sheet # 64028 a� Requested by Depaztment of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 1 City Council Gerry Strathman, 266-8575 April 7, 1999 3-29-99 ROUnMG OROER TOTAL # OF SIGNATl1RE PAGES GREEN SHEET 99•��1 No 64028 � �...,�,. �� � m„�. _ ❑ fJIYATiOAIEY ❑ fJIYCLFRK _ ❑ w+nxoiu.a�xNCFSO.� ❑ wuxcu�immaarc ❑�1AAVOR(ORA85tsTAMT) ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement appeals for property located at 807 Hampden Avenue. (Laid over from 3-2Z-99) JUAI IVN APPfOV2 (A) Of K2j2C[ PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION When, Has this personffrm ever worked under a coMrac[ fw this tlepartment? VES NO Has this pereo�rm ever been a city empbyee9 VES NO Dces this persaNfiim possess a sldll not namally{rossessetl by any arrent cily employee? YES NO Is this persoNfi�m a qrpMed vendon YES NO �lain all ves answe�s m seoa�ate sha2t and attach W areen sheet 4Q��P�i �7 scr'm`• ✓."�:z 9 4::�s $i�i� �R� � � ��ss OF TRANSACTION SOURCE COST/REVENUE BUDCETED (CIRCLE ONE) ACTIVITY NUMBER YES NO (IXPWN) q9-3�y NOTES OF THE PROPERTY CODE ENFORCEMENT MEET`ING March 16, 1999 Room 330 City Hall Gerry Strathman, Legislative Hearing Officer Gerry Strathman called the meering to order at 1:34 p.m. STAFF PRESENT: Pat Cahanes, Public Works; Pat Fish, Fire Prevention; Phillip Owens, Fire Prevenrion; Bob Seifert, Fire Prevention; Mike Urmann, Fire Prevention 1059 Maryland Avenue East (Rescheduled from 3-2-99) Phillip Owens reported the owner is appealing the following on the deficiency list: Item 1- Scrape and paint exterior trim, Item 7- Immediately discontinue use of unapproved sleeping room now located in commercial space and remove bedding, and Item 10 - Remove all non- current licensed vehicles from the pazking lot. Lawrence Heath, owner, appeared and stated he will paint when the weather gets wazmer. It will be completed within 2 months. As for Item 7, no one else uses the room. There is a back door, front door, and lots of windows. He could get out readily in a fire. The unlicensed vehicles in the parking lot have been there for 3 years. He should have tabs within a month or so. Phillip Owens reported he would have no objection to an extension to June or July for the painting. For Item 10, he has no objection to a reasonable continuance to license and repair the vehicles. Item 7 poses a problem. It is not really a room. It is an area inside the commercial space on the first level. There is no way to znake it a compliant sleeping room; there is no way to install an escape window. It does not have smoke detec6on. The appellant has an apartment on the second level. This may be a zoning issue as well. Lawrence Heath responded he has been at this address for 25 years and has never been questioned about the sleeping area. It is right off the kitchen, and there is a bathroom nearby. It is inconvenient for him to go up and down the stairs. There are burglaries on occasion in his neighbarhood. Mr. Heath cannot be aware of being infiltrated without being on the first floor. Gerry Strathman granted the appeal as follows: the owner has until June 30, 1999, to finish scraping and painting the exterior trim; the owner has until Apri130, 1999, to properly license and make operable the vehicles on his property; and, despite the Fire DeparhnenY s legitimate concem, the owner can be the only person to use the sleeping room located in the commercial space, provided a smoke detector is present. 1855 Seventh Street East (Rescheduled from 4-6-99) Pat Fish reported she told the owner he did not have to appeaz. She suggested the appeal be granted. Gerry Strathman granted the appeal on the egress window. gq - 3oy NOT'ES OF THE PROPERTY CODE ENFORCEMENT MEETING Page 2 693 Arlington Avenue East Elizabeth Seropian, owner, and her daughter Elizabeth appeazed. 7uliette Seropian stated they received a 3 year time extension to compiy with the rainleader ordinance. This extension has expired. T'here has been ice build up in the fall and spring in the backyard due to water refreezing. In a heavy rainstorm, there could be water seeping through the wall in the basement. There is already moisture on the ground level. The owners aze 75 and 78 years old. Pat Cahanes reported the owners were given a 3 yeaz extension. During that time, they were suppose to look at disconnecting the rainleader. Nothing has changed. Gerry Strathman stated the migration of water can be a problem, but he is unwilling to grant a variance on the basis of water in the basement because that would set a bad precedent. Elizabeth Seropian stated the City should study this issue because lots of water comes downhill from Payne Avenue. She fell and broke her ankle on the ice on the sidewalk. Her ankle was never set correctly. Gerry Strathman granted a 3 yeaz variance citing that storm water is creating a walking hazard given the age and disability of the owners. Disability is legitimate grounds for granting a variance. However, someday the owners wili have to deal with this problem. 2252 Falcon Avenue Judy Tschida Martinez, owner, appeared and stated the fire marshal said she had two bedrooms in the basement without egress windows. Ms. Martinez moved the beds out and turned the rooms into storage. The tenants moved upstairs. This is a five bedroom house. She has four boazders, one of which is her brother. Ms. Martinez is trying to find a contractor to make the sleeping rooms in the basement legal. She is having financial difficulties and needs the income. She is thinking of getting legal rezoning. Mike Urmann reported he met with the appellant on site. The two downstairs units have been removed. The only issue remaining is not meeting the zoning code in regazds to boarding for more than three unrelated adults. Gerry Strathman asked how many unrelated adults are there. Mike Urmann responded more than 3 would require her to go to rooming and boarding, and she has three tenants, herself and her husband. The family members all count as one, which would make four people living there. This puts her one over the requirement. Gerry Strathman asked how long it will take to get the zoning approval she needs. Judy Martinez responded some say three months and some say longer. Also, she was told 4—the family as 1 plus 3 boazders—is legal. 9g-3o4 NOTES OF THE PROPERTY CODE ENFORCEMENT MEET`ING Page 3 Gerry Strathman laid over to the July 20 Properry Code Enforcement meeting to take care of the zoning issue. The sleeping azeas in the basement have been discontinued so that issue is moot. 807 Hampden Avenue Peter Bazott for 7LT Group, Inc. stated he was here in 7anuary on a sunilaz manner. He received a letter dated Febmary 23, 1999 in which JLT Group was told the storage heights should not exceed a certain number of feet. This system was installed in 1990 under pernut. From 1990 to 1995, there was no sprinkler system at all. JLT Group installed it voluntarily. The City is asking them to bring the sprinkler system up to what they feel is adequate. Mr. Barott asked why the system is all o£ a sudden not adequate. He requested a vaziance from the sYOrage height. Bob Seifert reported due to the storage configuration and the commodity classes being stored, this building would require a sprinkler system. It is unknown if it has changed in 1990. Peter Barott responded they bought the building in approximately 1989. Before that it was being stored for food. Mr. Seifert responded commodity classes aze more hazardous than food storage. He would like the owner to decrease the storage height in compliance with the design criteria. High piled storage is dangerous to fight in a fire. Phillip Owens reported in some warehouses, a business will sprinkle the building as economically as possible. It is the obligation of the properiy owners to notify clients who are leasing space what type of commodities can be stored there. These clients were never told. The business is sprinkled to an ordinary hazard. The owner is being asked to reduce the height of the storage or upgrade the sprinkler system. Gerry Strathman denied the appeal. The sprinkler may be adequate for a different type of storage, and for what was present in 1990; however, he has to accept the Fire DepartmenY s testimony that it is inadequate for the cunent code and the current use. 559 McKni�ht Road South James Robin, representing Leonard N. Anderson, appeared and stated this is an appeal of 2 orders: a vehicle abatement order and a summary abatement order. Mr. Anderson contacted the Metropolitan Center for Independent Living. They agreed to fund improvements on his property plus removal of items covered in the abatement order. This proposal takes time. Mr. Robin presented a letter dated 3-11-99 from Metropolitan Center for Independent Living. Gerry Strathman read most of this letter into the record. (Copies were made of this letter.) James Robin stated Leonard Anderson is asking for time to have the contractors do the required work. Gerry Strathman stated the letter mentions acquiring funding and asked does Mr. Anderson have the funds or is this a proposal to be used to seek funding. Mr. Robin responded the Metropolitan Center far Independent Living would be the funding agency. They provide 99-3oy NOT'ES OF THE PROPERTY CODE ENFORCEMENT MEETING Page 4 funding for low income and handicapped people. Mr. Anderson gualifies because he is on social security disability. Mr. Strathman asked would this proposal address the items on the abatement order and the vehicles. Mr. Robin responded it does. Chuck Votel reported Leonard Anderson was gven a notice to clean up the property, and remove vehicles. That order was appealed, Gerry Strathman denied the appeal, and the City Council affinned that decision. At that point, Mr. Votel declared the vehicles, rubbish, and other items a nuisance and summary abated them. This is one of the orders being appealed today. Also, unless major repairs aze commenced to the house by Apri130, Mr. Votel will condemn it as unfit. Richazd Wolff, 2190 Mailand Road, appeazed and stated he is west of Leonard Anderson's property. He has been at this address for 1'/z years. Mr. Wolff has done a lot of reading on the history of this property. Citations have been issued as faz back as 1994. Mr. Anderson has tried numerous attempts to drag this out. He has evaded all efforts to clean up his property. A houseboat has been sitting there since Mr. Wolff moved into the neighborhood. There are stacks of telephone poles which may contain creosote. All the homes in the area have wells, and this poses a contamination issue. Mr. Wolff has had his well tested 3 times for this reason, and his well water has come up clean. There is a crane truck on the property. None of the vehicles are registered. Mr. Wolff presented a petition signed by 16 neighbors who are in support of denying this appeal. (Note: Mr. Wolff turned in a petition entitled "I support 559 McNight Clean Up.") Jody Mahowski appeazed and stated that Leonazd Anderson is taking her husband to conciliation court so that an elevator can be returned to him. Ms. Mahowski's husband did Mr. Anderson a favor by helping him clean up his property two years ago. The Mahowskis also have telephone poles and iron posts that will be returned to 559 McKnight. Mr. Anderson has items stored around the neighborhood. Ms. Mahowski has stacks of paperwork of people Mr. Anderson is taking to court. Jim Barber, 525 McKnight Road South, appeared and stated he has lived at this property for 14 yeazs, and I.eonard Anderson's property does not get any better. Sometimes the items go away for a while, but they always come back. Carl Anderson, 2150 Mailand Road, appeared and stated the letter from Metropolitan Center for Independent Living reads "submit applications for funding." This is another one of Leonazd Anderson's ruses to gain leniency from the court and City Council so he can move the items from one place to another. This has been going on for more than five yeazs. There is no reason to continue with current violations when the past ones have not been dealt with. The City has been more than fair to L.eonard Anderson. Roger Anderson, 2221 Mailand Road, appeared and stated his home is the only new home built in this area in 40 years. He applied for a building pernut, he had blueprints, he went through the qq_ 3oy NOTES OF THE PROPERTY CODE ENFORCEMENT MEET'ING Page 5 codes, the inspectors, the gas company, the water company. He would like to see the inspection record for 559 McKnight Road South. Roger Anderson would Iike to know how I,eonard Anderson got a pernut, how the City turned on the water, how the electricity got turned on, and how the gas meter got installed on the house. None of these items could have passed inspection. This home is inhabitable. It could be a dangerous situation for other homes in the azea. Leonard Anderson is his uncle. Kathy Bauer, 569 McKnight Road South, appeazed and stated Leonazd Anderson moves items out of his home when he expects the police to come the next day. He has a boom truck that he runs after dazk that shakes her house. There is a City bus that he is disassembling. People come up his driveway at all hours. People have to honk their horn twice or he will not answer. John Luvefield, 545 McKnight Road South, appeazed and stated he borders I,eonazd Anderson's house on the north side. Mr. Luvefield has lived there for 22 years. There is a lot of junk on Mr. Anderson's property: abandoned vehicles, a boat, telephone poles, broken up concrete, and blacktop. He dumps it over the hill and sometimes it gets on Mr. Luvefield's property. This has been going on for five years. Patty McDonald, 2150 Mailand Road, appeazed and stated everything the previous people said is true. L.eonazd Anderson had applied for Ramsey County program monies to fix up his property, and was denied. He had Ramsey County Human Services benefits that were denied when they found out all the information about Mr. Anderson. James Robin stated a lot of what has been said is irrelevant to this appeal. Personal antagonism between people has no bearing on this issue. Chuck Votel reported this property has a lot of history. He is concerned about the letter from Metropolitan Center for Independent Living. It is not a commitment to do things, but rather a idea that some things will be done. The letter has completion dates of May, July and September. It should not take that long to remove these items. Mr. Votel is prepared to go to the property with tow trucks, crews, and remove the debris. If L.eonard Anderson does not follow through with repairs to the house, Mr. Votel is prepared to order the house vacated due to its substantial deterioration. Gerry Strathman stated much of what was said is itrelevent to the matter before him. The Code Enforcement orders aze legal and proper. The fime Code Enforcement offered is in accordance with City ordinance. Implicit in information provided here is that there aze improperly stored materials on this property and vehicles that aze not properly stored nor licensed. There aze sufficient facts and evidence to support the basis for the summary abatement order and vehicle abatement order. The orders were issued on November 11 and Leonard Anderson was given until February 22 to respond. Now through Mr. Anderson's exercise of his appeal rights, it is now Mazch 13 and it will be another 8 days before this matter comes before the City Council. °lq -30 4 NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Page 6 Mr. Anderson will have had from November 11 to Mazch 24, which is more than a reasonable time to comply with the orders. Gerry Strathman denied the appeal. 891 Carroll Avenue (Rescheduled from 3-2-99) Gregory Fowlkes appeazed and stated the building was condemned and he did not have enough time to move. The judge in Room 131 told him to pay the court fee and the rent until Mr. Fowlkes finds a place. He will have a place to move into on Apri13. Pat Fish reported the owner was renting out the basement. There were several attempts to contact the owner. It was not a legal rental because there was no fire separation, no escape window, and no second exit. Gerry Strathman denied the appeal. It will not be until March 24 when the City Council makes their final decision on this. Gregory Fowlkes has until the morning of March 25 before he will have to get out of the home. There are emergency housing options available. Mr. Fowlkes may have to go into temporary housing. The meeting was adjoumed at 2:58 p.m. rrn �i�! V���i� Presented Refesed To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the March 16, 2 1999, decision of the L.egisiative Hearing Off'icer on Property Code Enforcement Appeals for the foliowing 3 address: 4 Property Anpealed 5 807 Hampden Avenue 6 Decision: Appeal denied. Ap elp lant Peter Bazott for JLT Group, Inc. 7 8 9 10 11 12 13 Yeas Na s Absent Blakey ✓ Coleman ✓ Huris � Benanav t / Reiter � Bostrom c/ I.antr}' � �o O 14 Adopted by Council: Date ��� `�`� 15 16 Adopfion C by Council ecretary 17 By: �\ �- . � 18 Approved by Mayor: Date �i� ���y� 19 By: <� N��'�c�Li RESOLUTION SAINT PAUL, MINNESOTA Council File # �g — 30y Green Sheet # 64028 a� Requested by Depaztment of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 1 City Council Gerry Strathman, 266-8575 April 7, 1999 3-29-99 ROUnMG OROER TOTAL # OF SIGNATl1RE PAGES GREEN SHEET 99•��1 No 64028 � �...,�,. �� � m„�. _ ❑ fJIYATiOAIEY ❑ fJIYCLFRK _ ❑ w+nxoiu.a�xNCFSO.� ❑ wuxcu�immaarc ❑�1AAVOR(ORA85tsTAMT) ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement appeals for property located at 807 Hampden Avenue. (Laid over from 3-2Z-99) JUAI IVN APPfOV2 (A) Of K2j2C[ PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION When, Has this personffrm ever worked under a coMrac[ fw this tlepartment? VES NO Has this pereo�rm ever been a city empbyee9 VES NO Dces this persaNfiim possess a sldll not namally{rossessetl by any arrent cily employee? YES NO Is this persoNfi�m a qrpMed vendon YES NO �lain all ves answe�s m seoa�ate sha2t and attach W areen sheet 4Q��P�i �7 scr'm`• ✓."�:z 9 4::�s $i�i� �R� � � ��ss OF TRANSACTION SOURCE COST/REVENUE BUDCETED (CIRCLE ONE) ACTIVITY NUMBER YES NO (IXPWN) q9-3�y NOTES OF THE PROPERTY CODE ENFORCEMENT MEET`ING March 16, 1999 Room 330 City Hall Gerry Strathman, Legislative Hearing Officer Gerry Strathman called the meering to order at 1:34 p.m. STAFF PRESENT: Pat Cahanes, Public Works; Pat Fish, Fire Prevention; Phillip Owens, Fire Prevenrion; Bob Seifert, Fire Prevention; Mike Urmann, Fire Prevention 1059 Maryland Avenue East (Rescheduled from 3-2-99) Phillip Owens reported the owner is appealing the following on the deficiency list: Item 1- Scrape and paint exterior trim, Item 7- Immediately discontinue use of unapproved sleeping room now located in commercial space and remove bedding, and Item 10 - Remove all non- current licensed vehicles from the pazking lot. Lawrence Heath, owner, appeared and stated he will paint when the weather gets wazmer. It will be completed within 2 months. As for Item 7, no one else uses the room. There is a back door, front door, and lots of windows. He could get out readily in a fire. The unlicensed vehicles in the parking lot have been there for 3 years. He should have tabs within a month or so. Phillip Owens reported he would have no objection to an extension to June or July for the painting. For Item 10, he has no objection to a reasonable continuance to license and repair the vehicles. Item 7 poses a problem. It is not really a room. It is an area inside the commercial space on the first level. There is no way to znake it a compliant sleeping room; there is no way to install an escape window. It does not have smoke detec6on. The appellant has an apartment on the second level. This may be a zoning issue as well. Lawrence Heath responded he has been at this address for 25 years and has never been questioned about the sleeping area. It is right off the kitchen, and there is a bathroom nearby. It is inconvenient for him to go up and down the stairs. There are burglaries on occasion in his neighbarhood. Mr. Heath cannot be aware of being infiltrated without being on the first floor. Gerry Strathman granted the appeal as follows: the owner has until June 30, 1999, to finish scraping and painting the exterior trim; the owner has until Apri130, 1999, to properly license and make operable the vehicles on his property; and, despite the Fire DeparhnenY s legitimate concem, the owner can be the only person to use the sleeping room located in the commercial space, provided a smoke detector is present. 1855 Seventh Street East (Rescheduled from 4-6-99) Pat Fish reported she told the owner he did not have to appeaz. She suggested the appeal be granted. Gerry Strathman granted the appeal on the egress window. gq - 3oy NOT'ES OF THE PROPERTY CODE ENFORCEMENT MEETING Page 2 693 Arlington Avenue East Elizabeth Seropian, owner, and her daughter Elizabeth appeazed. 7uliette Seropian stated they received a 3 year time extension to compiy with the rainleader ordinance. This extension has expired. T'here has been ice build up in the fall and spring in the backyard due to water refreezing. In a heavy rainstorm, there could be water seeping through the wall in the basement. There is already moisture on the ground level. The owners aze 75 and 78 years old. Pat Cahanes reported the owners were given a 3 yeaz extension. During that time, they were suppose to look at disconnecting the rainleader. Nothing has changed. Gerry Strathman stated the migration of water can be a problem, but he is unwilling to grant a variance on the basis of water in the basement because that would set a bad precedent. Elizabeth Seropian stated the City should study this issue because lots of water comes downhill from Payne Avenue. She fell and broke her ankle on the ice on the sidewalk. Her ankle was never set correctly. Gerry Strathman granted a 3 yeaz variance citing that storm water is creating a walking hazard given the age and disability of the owners. Disability is legitimate grounds for granting a variance. However, someday the owners wili have to deal with this problem. 2252 Falcon Avenue Judy Tschida Martinez, owner, appeared and stated the fire marshal said she had two bedrooms in the basement without egress windows. Ms. Martinez moved the beds out and turned the rooms into storage. The tenants moved upstairs. This is a five bedroom house. She has four boazders, one of which is her brother. Ms. Martinez is trying to find a contractor to make the sleeping rooms in the basement legal. She is having financial difficulties and needs the income. She is thinking of getting legal rezoning. Mike Urmann reported he met with the appellant on site. The two downstairs units have been removed. The only issue remaining is not meeting the zoning code in regazds to boarding for more than three unrelated adults. Gerry Strathman asked how many unrelated adults are there. Mike Urmann responded more than 3 would require her to go to rooming and boarding, and she has three tenants, herself and her husband. The family members all count as one, which would make four people living there. This puts her one over the requirement. Gerry Strathman asked how long it will take to get the zoning approval she needs. Judy Martinez responded some say three months and some say longer. Also, she was told 4—the family as 1 plus 3 boazders—is legal. 9g-3o4 NOTES OF THE PROPERTY CODE ENFORCEMENT MEET`ING Page 3 Gerry Strathman laid over to the July 20 Properry Code Enforcement meeting to take care of the zoning issue. The sleeping azeas in the basement have been discontinued so that issue is moot. 807 Hampden Avenue Peter Bazott for 7LT Group, Inc. stated he was here in 7anuary on a sunilaz manner. He received a letter dated Febmary 23, 1999 in which JLT Group was told the storage heights should not exceed a certain number of feet. This system was installed in 1990 under pernut. From 1990 to 1995, there was no sprinkler system at all. JLT Group installed it voluntarily. The City is asking them to bring the sprinkler system up to what they feel is adequate. Mr. Barott asked why the system is all o£ a sudden not adequate. He requested a vaziance from the sYOrage height. Bob Seifert reported due to the storage configuration and the commodity classes being stored, this building would require a sprinkler system. It is unknown if it has changed in 1990. Peter Barott responded they bought the building in approximately 1989. Before that it was being stored for food. Mr. Seifert responded commodity classes aze more hazardous than food storage. He would like the owner to decrease the storage height in compliance with the design criteria. High piled storage is dangerous to fight in a fire. Phillip Owens reported in some warehouses, a business will sprinkle the building as economically as possible. It is the obligation of the properiy owners to notify clients who are leasing space what type of commodities can be stored there. These clients were never told. The business is sprinkled to an ordinary hazard. The owner is being asked to reduce the height of the storage or upgrade the sprinkler system. Gerry Strathman denied the appeal. The sprinkler may be adequate for a different type of storage, and for what was present in 1990; however, he has to accept the Fire DepartmenY s testimony that it is inadequate for the cunent code and the current use. 559 McKni�ht Road South James Robin, representing Leonard N. Anderson, appeared and stated this is an appeal of 2 orders: a vehicle abatement order and a summary abatement order. Mr. Anderson contacted the Metropolitan Center for Independent Living. They agreed to fund improvements on his property plus removal of items covered in the abatement order. This proposal takes time. Mr. Robin presented a letter dated 3-11-99 from Metropolitan Center for Independent Living. Gerry Strathman read most of this letter into the record. (Copies were made of this letter.) James Robin stated Leonard Anderson is asking for time to have the contractors do the required work. Gerry Strathman stated the letter mentions acquiring funding and asked does Mr. Anderson have the funds or is this a proposal to be used to seek funding. Mr. Robin responded the Metropolitan Center far Independent Living would be the funding agency. They provide 99-3oy NOT'ES OF THE PROPERTY CODE ENFORCEMENT MEETING Page 4 funding for low income and handicapped people. Mr. Anderson gualifies because he is on social security disability. Mr. Strathman asked would this proposal address the items on the abatement order and the vehicles. Mr. Robin responded it does. Chuck Votel reported Leonard Anderson was gven a notice to clean up the property, and remove vehicles. That order was appealed, Gerry Strathman denied the appeal, and the City Council affinned that decision. At that point, Mr. Votel declared the vehicles, rubbish, and other items a nuisance and summary abated them. This is one of the orders being appealed today. Also, unless major repairs aze commenced to the house by Apri130, Mr. Votel will condemn it as unfit. Richazd Wolff, 2190 Mailand Road, appeazed and stated he is west of Leonard Anderson's property. He has been at this address for 1'/z years. Mr. Wolff has done a lot of reading on the history of this property. Citations have been issued as faz back as 1994. Mr. Anderson has tried numerous attempts to drag this out. He has evaded all efforts to clean up his property. A houseboat has been sitting there since Mr. Wolff moved into the neighborhood. There are stacks of telephone poles which may contain creosote. All the homes in the area have wells, and this poses a contamination issue. Mr. Wolff has had his well tested 3 times for this reason, and his well water has come up clean. There is a crane truck on the property. None of the vehicles are registered. Mr. Wolff presented a petition signed by 16 neighbors who are in support of denying this appeal. (Note: Mr. Wolff turned in a petition entitled "I support 559 McNight Clean Up.") Jody Mahowski appeazed and stated that Leonazd Anderson is taking her husband to conciliation court so that an elevator can be returned to him. Ms. Mahowski's husband did Mr. Anderson a favor by helping him clean up his property two years ago. The Mahowskis also have telephone poles and iron posts that will be returned to 559 McKnight. Mr. Anderson has items stored around the neighborhood. Ms. Mahowski has stacks of paperwork of people Mr. Anderson is taking to court. Jim Barber, 525 McKnight Road South, appeared and stated he has lived at this property for 14 yeazs, and I.eonard Anderson's property does not get any better. Sometimes the items go away for a while, but they always come back. Carl Anderson, 2150 Mailand Road, appeared and stated the letter from Metropolitan Center for Independent Living reads "submit applications for funding." This is another one of Leonazd Anderson's ruses to gain leniency from the court and City Council so he can move the items from one place to another. This has been going on for more than five yeazs. There is no reason to continue with current violations when the past ones have not been dealt with. The City has been more than fair to L.eonard Anderson. Roger Anderson, 2221 Mailand Road, appeared and stated his home is the only new home built in this area in 40 years. He applied for a building pernut, he had blueprints, he went through the qq_ 3oy NOTES OF THE PROPERTY CODE ENFORCEMENT MEET'ING Page 5 codes, the inspectors, the gas company, the water company. He would like to see the inspection record for 559 McKnight Road South. Roger Anderson would Iike to know how I,eonard Anderson got a pernut, how the City turned on the water, how the electricity got turned on, and how the gas meter got installed on the house. None of these items could have passed inspection. This home is inhabitable. It could be a dangerous situation for other homes in the azea. Leonard Anderson is his uncle. Kathy Bauer, 569 McKnight Road South, appeazed and stated Leonazd Anderson moves items out of his home when he expects the police to come the next day. He has a boom truck that he runs after dazk that shakes her house. There is a City bus that he is disassembling. People come up his driveway at all hours. People have to honk their horn twice or he will not answer. John Luvefield, 545 McKnight Road South, appeazed and stated he borders I,eonazd Anderson's house on the north side. Mr. Luvefield has lived there for 22 years. There is a lot of junk on Mr. Anderson's property: abandoned vehicles, a boat, telephone poles, broken up concrete, and blacktop. He dumps it over the hill and sometimes it gets on Mr. Luvefield's property. This has been going on for five years. Patty McDonald, 2150 Mailand Road, appeazed and stated everything the previous people said is true. L.eonazd Anderson had applied for Ramsey County program monies to fix up his property, and was denied. He had Ramsey County Human Services benefits that were denied when they found out all the information about Mr. Anderson. James Robin stated a lot of what has been said is irrelevant to this appeal. Personal antagonism between people has no bearing on this issue. Chuck Votel reported this property has a lot of history. He is concerned about the letter from Metropolitan Center for Independent Living. It is not a commitment to do things, but rather a idea that some things will be done. The letter has completion dates of May, July and September. It should not take that long to remove these items. Mr. Votel is prepared to go to the property with tow trucks, crews, and remove the debris. If L.eonard Anderson does not follow through with repairs to the house, Mr. Votel is prepared to order the house vacated due to its substantial deterioration. Gerry Strathman stated much of what was said is itrelevent to the matter before him. The Code Enforcement orders aze legal and proper. The fime Code Enforcement offered is in accordance with City ordinance. Implicit in information provided here is that there aze improperly stored materials on this property and vehicles that aze not properly stored nor licensed. There aze sufficient facts and evidence to support the basis for the summary abatement order and vehicle abatement order. The orders were issued on November 11 and Leonard Anderson was given until February 22 to respond. Now through Mr. Anderson's exercise of his appeal rights, it is now Mazch 13 and it will be another 8 days before this matter comes before the City Council. °lq -30 4 NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Page 6 Mr. Anderson will have had from November 11 to Mazch 24, which is more than a reasonable time to comply with the orders. Gerry Strathman denied the appeal. 891 Carroll Avenue (Rescheduled from 3-2-99) Gregory Fowlkes appeazed and stated the building was condemned and he did not have enough time to move. The judge in Room 131 told him to pay the court fee and the rent until Mr. Fowlkes finds a place. He will have a place to move into on Apri13. Pat Fish reported the owner was renting out the basement. There were several attempts to contact the owner. It was not a legal rental because there was no fire separation, no escape window, and no second exit. Gerry Strathman denied the appeal. It will not be until March 24 when the City Council makes their final decision on this. Gregory Fowlkes has until the morning of March 25 before he will have to get out of the home. There are emergency housing options available. Mr. Fowlkes may have to go into temporary housing. The meeting was adjoumed at 2:58 p.m. rrn