87-781 WMITE - C�TV CIERK
PINK - FINANCE G I TY OF SA I NT PAU L Council G
CANARV - D6PARTMENT File NO• �+ " `���
BLU� - MAYOR
. C ncil Resolution �
• 3-�
Presented By
Referred To Committee: Date
Out of Committee By Date
BE IT RESOLVED, That the Council of the City of Saint Paul
hereby certifies and approves the action of the City of St. Paul
Board of Appeals and i2eview pertaining to the following listed pro-
perty and as shown by the Excerpted Minutes of said Board of Appeals
and Review, April 14, 1987 and marked EXHIBIT A, and attached
hereto and made a part hereof by reference:
DATE OF BOARD
MINUTES CASE NO. PROPERTY APPELLANT
04/14/�7 21-87-H 805 York Ave. Joseph Bennett
BOARD ACTION: Granted an extension of �ime, till May l, 1987 to
install hydraulic door closers on basement door and springe hinges
on up�er unit doors, affirming the order, as per letter dated
February 2, 1987 .
PROPERTY DESCRIPTION: Arlington Hills Addition
Lot 14 and 15 Blk 30
------------------------------------
04/14/87 30-87-H 949-951 Burr St. Dennis Workman
BOARD ACTION: Granted an extension of time, till September 15, 1987
to do all the caulking and weatherstripping, affirming the order,
as per letter dated rebruary 6, 1987 .
PROPERTY DESCRIPTION: Edrnund Rice ' s First
Addi�ion to St. Paul
---------�ot_10 Blk 9------------
COUNCILMEN Requested by Department of:
Yeas Drew Nays
Nicosia [n Favor
Rettman
Scheibel
Sonnen __ Agei[iSt BY
Tedesco
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
B}�
Approved by Mavor: Date _ Approved by Mayor for Submission to Council
BY - - — BY
. �'�--�'��
DATES OF BOARD
MINUTES CASE NO. PROPERTY APPELLANT
04/14/87 25-87-H 661 Third St. E. Clarence Lindeke
BOARD ACTION: Granted an extension of time, till September l, 1987
to correct all violations from a State Energy Audit, affirming the
order, as per letter dated February 11, 1987 .
PROPERTY DESCRIPTION: Lyman Dayton Addition of
the City of Saint Paul
Lot 6 Blk 32
----------------------------------
04/14/87 24-87-H 1778 Marshall Ave. Joseph Petroski
BOARD ACTION: Board moved to refund the filing fee of Ten Dollars ( $10 . 00 )
PROPERTY DESCRIPTION: Skidmore & Cassedy' s
Park Addition
Lot 5 Blk 2
---------------------------------
04/14/87 20-87-H 1222-1224 7th St. W. Andrew & Mary Hybben
BOARD ACTION: Granted an extension of time, till September 15, 1987
pertaining to weatherstriping the prime windows and doors, caulking,
attic insulation and modify the heating system, affirming the order,
as per letter dated January 22 , 1987 .
PROPERTY DESCRIPTION: Clark' s Addition to the
City of Saint Paul
EX ST the SWLY 3 Ft of Lot
14 and all of
Lot 15 Blk 11
---------------------------------
. . � ���--��1
DATE OF BOARD
MINUTES CASE NO. PROPERTY APPELLANT
04/14/87 31-87-H 767 Bush Ave. Allen Martin
BOARD ACTION: Granted an extension of time, till May 14 , 1987 to
install proper ventilation in building, affirming the order, as per
letter dated March 13 , 1987 .
PROPERTY DESCRIPTION: Arlington Hills Addition
to Saint Paul 44/50 thru 59
Subject to Trackage Easement
the following;
E 26 2/3 Ft of Lot 5
and the West 20 Ft of Lot 2
all of Lots 3 and 4 Blk 52
--------------------------------------
04/14/87 29-87-H 401-403 Curtice W. Steven D. Mark
BOARD ACTION: Granted an extension of time, till May 13 , 1987 to
remove tanks from the basement, affirming the order, as per letter
dated February 13 , 1987 .
PROPERTY DESCRIPTION: Lawton Brothers Addition
to the City of Saint Paul
W 50 Ft of Lots 7 and 8 and
Ex W. 90 Ft. Lots 9, 10 and
Lot 11 Blk 57
WHITE - C�TV CLERK
PINK - FINANCE COUI�CII ././
CANARV - DF�.PARTMENT GITY OF SAINT PALTL File NO. �• `" ��
BLUC -MAVOR
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
DATE OF BOARD
MINUTES CASE N0. PROPERTY APPELLANT
04/14/87 28-87-H 2O89 Carter Ave. Minnesota Graduate Club
David J. Bromelkamp
Manager
BOARD ACTION: Granted an extension of time for three months,
(July 14, 1987 to install the Alarm System, affirming the order, as
per letter dated February 24, 1987 .
PROPERTY DESCRIPTION: St. Anthony Park North
S 1/2 of Lot 12 and all of
Lot 11 Blk 34
---------------------------------
COUNC[LMEN Requested by Department of:
Yeas p�sW Nays �
Nicosia [n Favor
Rettman
Scheibel
Sonnen '¢ __ Against BY
�ede�ee+
Wilson
MAY 2 � 1g�� Form rov by Cit orn
Adopted by Council: Date �
Certified Pas e b u ci Se ry BY
By.
Appr by Ylavor: Dat JUN — t ��1 Approved by Mayor for Submission to Council
BY — — BY
PU�I{SHED �U N 6 198 7
, . .. � � . Gr�-y��
ST. PAUL BOARD OF APPEALS AND REVIEW
� � 705A City Hall
St. Paul , Minnesota 55102
Minutes , Meeting of April 14, 1987
MEMBERS PRESENT: Ron Glassman, Chairman
Glenn Gausman
William Hite
David Schultz
William L . Tilton
MEMBERS ABSENT: Rosann Bostrom
Harold D. Knutson
OTHERS PRESENT: Sherry Webb, Fii-e Prevention
Pat Fish, Fire Prevention
Mae Sylvester, Legislative Aide
Alice Bijjani , Health Department
John Betz, Health Department
Doug Jensen, Neighborhood Energy Consortium
Dennis Workman Tom Welna
Onesimo P. DeMira Mervyn Hough
Jim Rickert C+arence Lindeke
Brian Burnette Joe Carchedi
Glenn C. Smoot Al1en Martin
Mary Hybben Lynn Friberg
Clififord Japs Steven Mark
�TMT� Cheryl Bennett Michael Seiwert
The meeting of the Board of Appeals 8 Review was called to order
by Chairman Ron Glassman, at 1 :40 p.m. in Room 707, City Hall ,
April 14th, 1987. Mr. Glassman welcomed the appellants and
explained the procedures, stating that what the Board does is
recommends action to the City Council .
Minutes of the March 10, 1987 meeting were approved as submitted
in writing.
Glenn Gausman asked to address the Board on the enforcement of
Energy Code by the City of St. Paul . He stated he has been a
Consulting Engineer with over 40 year experience, directly invol -
ving the use of energy in buildings , he personally made mini
energy audits involving the use of energy in buildings. His
office made many maxi energy audits for buildings , so Mr. Gausman
feels he knows the methodology and its strength and weaknesses on
these audits. Mr. Gausman is personnally concerned with judicious
use of energy and he firmly believes it should be used wisely.
Mr. Gausman does object to the City Health Department perforrnin�
these audits and Mr. Gausman moves that this board inform the
City Council , that in the boards opinion, this is not a proper
function for the city to enforce, because it involves only
economics, and not the health and safety of the people of this
_ City, and in fact, if enforced can cause damage to building
structures which could in a long run be detrimental �to the safety
� 1
. : � . ��?-7 � '
and welfare of the occupants.
�� Alice Bijjani , stated that her department f�els that the
discussion of this should appropriately be taking place between
the Board and City Council and not the health department.
Mr. Gausman stated that his motion was, it is not a function
for the city to enforce, he does not care which department. As a
matter of discussion, in general , industry will put out its money
on a one ( 1 ) to two (2) year payback. Institutional kinds of
structures will spent money on up to a ten ( 10) year payback.
Mr. Gausman feels that persons who own houses and buildings of
housing rental are closer to industry. Further, the insr�ection
is only initiated because ofi d complaint by a tenant , this puts
the city in a position of b�ing an instrument of revenge and
further appeals put the board in the middle, and Mr. Gausman
feels that this is not the proper usage of this board.
Bill Tilton, stated that he wonders if the board is the proper
place for an advisory opinion, if it comes to the board because
we are an appeals board, then maybe the board has some interest
in this. At this point we should study the issue more, therPfore,
at tt�is point table the issue.
Glenn Gausmans , primary point is the board should not be invoived
in solely economical issues . The function of the board is sa�ety
and health, except in cases where appellant needs more time.
f��`'��`= Second oint, if it is determined that it is the function of this
_, P
board, and that economics is proper, then Mr. Gausman would like
to go into a lenghty discussion on pay-back, vapor barriers , and
all technical aspects.
Dave Schultz, feels that what the board is talking about here is
three issues :
1 . General policy of the state and city.
2. Specific enforcement by the city or proper agency.
3 . The role of this board of specific cases that are brought
before this board.
At this point Mr. Schultz feels this issue should be shelved and
go into more detail or study.
Alice Bijjani , in reference to the scope of action of this board
is that the Title of this board is "Board of Appeals & Review"
and review is one of the functions of this board, to comment on
Legislation, to the City Council as an advisory function. The
other point Ms. Bijjani made was that health and safety is not
the defined jurisdiction of this board, but the housing code.
Mr. Glassman suggest that may Mr. Gausman put a letter together
that can be present�d to the City Council by the next rneeting in
, May.
;
Mr. Gausman withdrew his motion at this time.
2
� � .� � ���-� �
���� CASE N0: PROPERTY APPEALED APPELLANT
21-87-H 805 York Ave. Joseph Bennett
APPEARANCE Cheryl Bennett
SUBJECT: Appellant is apealing all items from a deficiency list
letter dated, February 2, 1987, pertaining to Fire Seperation,
Alarm Systems, Storage/Stairways, Door Closures, Locks-Illegal .
PROCEEDINGS Ms. Bennett requested to go to the app�als board
because three yEars ago when they were issued a Certificate of
Uccupancy every thing was up to code at that time.
Pat Fish, from Fire Prevention stated that two years ago the Fire
Code was not enforced. The door can be covered with sheet meta?
and it is acceptable with the fire department.
This building is a two story building with a basernent unii;,
therefore, making it two units above ground. The appellant
questions why an alarm system for this size of a building,
Pat Fish will check this out and if its only two stories above
ground then no a.larm system is necessary.
Pat Fish stated that the doors enter into a common hall ,
�i, therefore, door closures are necessary. The basement door must
have a hydraulic closure and the upper unit may have spring
hinges on them.
The locks on the doors have been changed on one unit, and the
other one will bz changed around May lst, 1987 as soon as the
unit is vacated.
BOARD ACTION Motion made by Bill Tilton that the request for a
variance be den�ied with the understanding that the rzquest set
forth by the fire department that the alarm system is not
necessary, and that the basement door have hydraulic closer on
it, and the upper unit have a spring hinged door. The appeilant
must have all locks up to code by May lst, 1987. Seconded by
Glenn Gausman. MOTION CARRIED UNANIMOUSLY.
----------------------------------------
3
, . � . . Cr �7-���
� - 19-87-H 1037 N. Western Ave. Brian Brunette
APPEARANCE Brian Brunette
SUBJECT: Appellant is requesting a variance from St. Paul
Legislative Code, 33 . 07, pertaining to fence height, as per
letter dated March 16, 1987.
PROCEEDINGS Appellant build a fence in the back yard and did not
realize that a variance was required to put up a fence that
exceeded 6' .
BOARD ACTION: Motion made by Dave Schultz to grant a variance
pertaining to fence height, revoking the order as pzr letter
dated, March 16, 1987. Seconded by Ron Glassman. MOTION CARRIED
UNANIMOUSLY.
---------------------------------------------
30-87-N 949-951 Burr St. Dennis Workman
SUBJECT: Appellant is appealing the order, as per letter da�ted
February 6, 1987, pertaining to Weatherstripping-Weatherstrip
prime windows and doors. Caulking all gaps, cracks and joints,
interior and exterior . Insulate all floors to R-11 , because this
will create a financial .
(�'
` PROCEEDING5: Mr. Workman is appealing the work order from the
Health Department, pertaining to insulating the walls to R-11 ,
caulking and weatherstripping because of financial hardship.
John Betz, from Health Department stated that there would be no
problem to give the appellant an extension of time till the next
heating season. Mr. Betz told the appellant that the reason for
the inspection was that a tenant complained to Information and
Complaints Office, these comptaints come to Health office. The
Health Department refers them to the Energy office. The Energy
office sends out State Licensed Auditors to do the energy audit
and then they send the Health Department their report, and we
then take from the list the items that are in violation of the
energy ordinance, adopted by the City of St. Paul .
Doug Jensen, from Energy Office would appreciate having someone
attend the board meeting to speak on watl insulation.
BOARD ACTION Motion made by Glenn Gausman to waive the
requirement to insulate the walls to R-11 revoking the order as
per letter dated February 6, 1987. MOTION CARRIED UNAMIOUSLY.
FURTHER ACTION Motion made by Bill Tilton to grant an extension
of time till 5ept�mber 15, 1987, affirming the ��rc�er �� prr
- letter dated February 6, 1986 to do the ca�lking and
� _, weatherstripping. MOTION CARRIED UNANIMOUSLY.
----------------------------------------------
4
. � �7�---��r�
( 25-87-H 661 E. Third St. Ciarence Lindeke
APPEARANCE Clarence Lindeke
SUBJECT Appellant is requesting an extension of time to do the
necessary work, as per letter dated February 11 , 1987 as a result
of an energy audit.
PROCEEDINGS Appellant has two tenants that are welfare
recipients, Mr. Lindeke has asked these tenants to apply for help
at the Ramsey Action Program, therefore, time is needed to wait
for assistance.
BOARO ACTION Motion made by Bill Tilton to grant an extension of
time til ) September lst, 1987 to correct the violations of the
State Energy Efficiency Standards , affirming the order as per
letter d�ted February 11 , 1987. Seconded by Glenn Gusmann. MOT10N
CARRIED UNANIMOUSLY.
----------------------------------------------
20-87-H 1222-1224 Seventh St. W. Andrew 8 Mary Hybben
APPEARANCE Mary Hybben
SUBJECT Appellant is appealing the Energy Audit Report
�'�" requirement, as per letter dated January 22, 1987 as this would
create a financial hardship.
PROCEEDINGS Appellant stated that all the windows had been
replaced the last year, therefore, assuming that the windows
should have been weatherstripped.
Doug Jensen, stated that weatherstripping refers to the prime
windows, which are the interior.
In order to insulate the walls all the paneling would have to be
removed. There is no guarantee that the paneling could be saved,
and this is a added expense.
Doug Jensen, stated that this being a brick exterior building, it
would be a problem.
BOARD ACTION Motion made by Glenn Gausman to grant a variance on
item #4 and 9 pertaining to wall insulation at 1222-1224 Seventh
St. , revoking the order as per letter dated January 22, 1987.
Included in the motion is to grant an extension of time till
September 15th, 1987, pertaining to Weatherstrip prime windows
and doors. Caulking, Attic Insulation, and Modify heat system,
affirming the order as per letter dated January 22, 1987.
Seconded by Bill Tilton. MOTION CARRIED UNANIMOUSLY.
�
�: ---------------------------------------------
5
. . -� . ��1� 7�l
- 24-87-H 1778 Marshall Ave. Joseph Petroski
( �
APPEARANCE None
SUBJECT: This case has been withdrawn. The Appellant would like
his filing fee of ten dollars ( 10 . 00) refunded.
BOARD ACTION : Motion made to refund the $ 10. 00 filing fee.
MOTION CARRIED UNAMINOUSLY.
-------------------------------------------------
31-87-H 767 Bush St. Al1en Martin
Wendel Philmalee
APPEARANCE : Al1en Martin
SUBJECT: Appeallant is appealing the "Revocation of the
Certificate of Occupancy" as per letter dated, March 13, 1987.
PROCEEDINGS: Appellant is part owner of the property. The onlv
thing that has not been completed is Item #4, pertaining to
Ventilation, we have a contractor checking on this for us. Item
#5, pertaining to disposal of liguid waste of paints, thinners,
etc. , we still have some barrels with solid liguid in them.
Fire Department was concerned because they thought there was some
�` fumes within.
f�'�,
Sherry Webb, from the Fire Prevention Bureau stated that the
Arson Investigation came to test the barrels for fumes. Because
of this appeal the Fire Marshall has allowed the business �to
remain open. Ms. Webb stated the fumes are very bad, ventilation
is badly needed.
BOARD ACTION: Motion made by Dave Schultz to give the appellant
30 days pertaining to ventilation, affirming the order, as per
letter dated March 13 , 1987. Seconded by Gausman. MOTION CARRIED
UNANIMOUSLY.
---------------------------------------------
23-87-H 754 Payne Ave. On the Ave. Condo
Lynn Friberg, Pres.
APPEARANCE : Lynn Friberg
5UBJECT: Appellant is appealing item #2, from a deficiency list
tetter dated January 30, 1987, pertaining to (Plumbing system
34. 12-2 Dryer vented. Properly vent dryer.
6
. _ . , ��?_ 7��
_ PROCEEDINGS: Appellant req�esting a variance on the dryer venting
� in the basement.
Pat Fish, from the Fire Prevention Bureau stated that there is no
objection to granting a variance, however, the code does state
that mechanical ventilation is needed.
BOARD ACTION Motion made by Glenn Gausman to grant a variance
on venting of the dryer in the basement to the outside, revoking
the order as per letter dated, January 30, 1987. Seconded by Bill
Tilton. MOTION CARRIED UNANIMOUSLY.
-----------------------------------------------
27-87-H 175 Arundel Ave. Onesimo DeMira Jr.
APPEARANCE : Onesimo DeMira Jr.
SUBJECT: Appellant is appealing item #2 from a deficiency list
letter dated, February 6, 1987, pertaining to (Provide escape
window east bedroom, 175 upper) as appellant feels it is
unreasonable and would have a negative visual impact on the
facade of the structure.
PROCEEDINGS: Appellant stated that this building passed
inspection in 1980. The window measures 19.75 sq. inches.
�. Pat Fish, from Fire Prevention Bureau stated these are two long
narrow windows. Ms . Fish suggested that the appellant put in a
pop out window.
BOARD ACTION: Motion made by Bilt Tilton to grant a variance on
window size revoking the order as per letter dated, February 6,
1987. Seconded by Glenn Gausman. MOTION CARRIED UNANIMOUSLY.
-----------------------------------------------
28-87-H 2O89 Carter Ave. Minnesota Graduate Club
David J . Bromelkamp, Mgr.
APPEARANCE : Glenn C. Smoot
•`-����=�E�=T= ANNr 1 l�t-�t 1 : ��+�+r�i 1 r�� i tctn #2 fr�om a def i c i ency 1 i st
letter dated, February 24, 1987, pertaining to (Alarm 5ystem) , as
this would create a financial hardship.
PROCEEDINGS: Mr. Smoot stated that the cost would be in excess of
$3000. 00 and this would create a financial hardship. The
building has smoke detectors in each room. Smoke Detectors in
the hall ways, Fire Extinquishers in each hallway. 5moking is
prohibited in the building. This is a CO-OP owned building.
7
, ... ,. . � ��_��i
r Pat Fish, from Fire Prevention Bureau stated that a Alarm System
in this type of a occupancy is required. A variance cannot be
granted because its a life safety issue. It has 13 units and a
occupancy of 20 persons. This building has a basement and three
floors. Second and third floor have residents, first floor has
one room occupied by the building manager.
BOARD ACTION: Motion made by Glenn Gausrnan to deny the variance
pertaining to Alarm System, but grant the appellant an extension
of time for three months till July 14, 1987, affirming the order
as per letter dated February 24, 1987. Seconded by Bi11 Tilton.
MOTION CARRIED UNANIMOUSLY.
----------------------------------------------
26-87-H 148 So. Whzeler Nekton-Wheeler Group Home
Michael Seiwert
APPEARANCE : Michael Seiwert
SUBJECT: Appellant is requesting a variance pertaining to exit or
egress from the third floor, as per letter dated January 19,
1987.
PROCEEDINGS: Appellant is the organizer of this home. A home for
�"`;"- retarded persons. The third floor is occupied by staff people on
their weekends off. The fact that the third floor is used it
must have a second means of egress.
Pat Fish, from Fire Prevention stated that they do have staff
peop 1 e on the th i rd f 1 oor, therefore, i t i s requ i 1"�t��� �f4� �4;�u� ��
second mear�s of egress.
Appellant stated that the building has a UL Alarm System, a
detector on each fl�or, fire drills are practiced monthly.
BOARD ACTION Motion made by Dave Schultz to deny the variance,
but to grant the appellant a 30 days extension to try to work
with Fire Prevention and get a contractor in to maybe solve the
problem. Seconded by Glenn Gausman. MOTION CARRIED UNANIMOUSLY.
-------------------------------------------
29-87-H 401-403 W. Curtice Steven D. Mark
, Daniel R. Poweli
APPEARANCE: Steve Mark
•`_�t I�S_1Ei_T: At���1 i�nt i 3 appea 1 i ng i tem #1 , from a def i c i ency t i st
letter dated, February 11 , 1987, pertaining to removai of oil
�
tanks from basement.
PROCEEDINGS: Mr. Mark stated the oil tanks in question are much
8
, . . _ . , . ��,_��l
to large to remove throught the doors. Appellant has a bid which
� is �500. 00.
Pat Fish, from Fire Prevention talked to the Fire Marshall about
these tanks and he feels very strongly that its not only a danger
to the residents in the buitding, but to Firefighters that would
respond to a fire in the building.
Sherry Jackson, from Fire Prevention stated that the appellant
should call Determan Tanks , they do will pump, clean and perge
tanks. They will have to be cut to be cleaned. Determan Tank will
also remove the tanks.
BORRD ACTION: Motion made a motion to deny the variance, and
gave the appellant 30 days , till May 13th, 1987 to remove the
tanks affirming the order as per letter dated February 13, 1987.
Seconded by Bill Hite. MOTION CARRIED IJNANIMOUSLY.
-------------------------------------------------
22-87-H 1378 E. Minnehaha Ave. CRS Properties
Clifford C. Japs
APPEARANCE : Clifford C. Japs
SUBJECT: Appellant is requesting a variance from St. Paul
�``�� Legislative Code 34. 14-7 pertaining to mechanical ventilation in
bathroom of 1 North, as per letter dated February 13 , 1987.
PROCEEDINGS: The installation of the a mechanical vent would be
very costly as the bathroom is in the center of the house with no
way ofi venting to the outside. There has never been a moisture
problem.
Pat Fish, Fire Prevention stated this a health issue.
BOARD ACTION: Motion made by Glznn Gausman to deny the request
for a variance on mechanical vent in bath, affirming the order as
per letter dated February 23 , 1987. Seconded by Bill Hite. This
being a tie vote, the Board moved to continue this case until
next month.
Mr. Japs asked about item # 1 , Fire Separation, as this would be
financially inpossible.
Pat Fish, from Fire Prevention stated that the Fire Department
issued a policy that where a owner by the Water Department is
denied assess or permission to put sprinklers heads on dornestic
lines, telling the owner has to run addition water lines. The
appellant should take a copy to the denial letter from the Water
Department to the Fire Department, a variance can be given to
install a hard wired smoke detector in the basement, wired to an
, additional hard wired smoke detector on the top of the stairs.
FURTHER ACTION: Motion made by Glenn Gausman to deny the variance
9
.. . . . . . �� ��7�✓
,-- on one hour fire separation affirming the order as per letter
�. dated, February 23 , 1987. Seconded by Steve Schultz. MOTION
CARRIED UNANIMOUSLY.
Meeting adjourned at 3 :20 p.m.
��
�`:
'
10