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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