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00-1574RiG�NAI. Presented by_ Referred To Cammittee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the February 15, 2 2000, decision of the Legislative Hearing Officer on Property Code Enforcemettt Appeals for the foliowing 3 address: 4 Property Apnealed An�ellant 6 1�4 Mississippi River Boulevazd North Joseph Hitpas for Missionary Oblates of 7 Mary Immaculate 8 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 9 nonconforming doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the 10 building must otherwise be in compliance. i l 1640 Randolph Avenue Bert McKasy 12 Decision: Vaziance granted on the nonconforming doors with the following conditions: 1) when the 13 nonconforxning doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 14 building must otherwise be in compliance. 15 1921 1923 Feronia Avenue Donald & Dawn Williams 16 Decision: Variance granted on the nonconforming doors with the foilowing conditions: i) when the 17 nonconfornung doors need to be replaced, they wi11 be replaced with conforming fire raxed doors, 2) the 18 buiiding must othenvise be in compliance. 19 1602 English Street Dave Nechrebecki 20 Decision: Variance granted for eight yeazs on the nonconfornung doors with the following conditions: 1) 21 when the nonconforming doors need to be replaced, they will be replaced with confornvng fire rated doors, 2) 22 the building must otherwise be in compliance. 23 906 Beech Street, Lower Unit (Laid over from 2-1-2000) Wendy Sawyer 24 (Note: The condemnation has been lifted; appeal is withdrawn.) 25 86 Coneress Street West Rena Sorkin 26 Decision: Appeal denied with respect to anunal odor. 27 156 Granite Street Donna M. Eberhazdt 28 Decision: Variance granted on the soil stack with the following condition: if it ceases to funcrion properly, it 29 will have to be replaced. Council File # p0 — ''�, Green Sheet # 100402 RESOLUTION OF SAINT PAUL, MfNNES01"A �( 30 409 Bates Avenue #2 Denise Walker 31 Decision: Appeal is denied, but the vacate date for Unit #2 is ea�tended to Apri11, 2000, on the Order to Vacate. Green Sheet 100402, Page 2 ORlG1NAt 1 2 3 4 5 6 � Yeas Na s Absent Blakey ,� Coleman ✓ Harris Benanav Reiter Bostrom � L�,� � 0 8 Adopted 6y Council: Date �o� .�-3 c�-0 Q C'� 9 r 10 Adopfion C fied by Council Secretary 11 By: ��—� -'�-�^—�— 12 Approved by Mayor: ate f�� li� � 13 ay: ��'c� 2 oo-�� Requested by Deparhnent of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � 0 0 .�� DEPARTMENTlOFFICE/OWNCIL DA7EINITU��o '— ' Z 1 i c�t coun�� Offices 2-�6-ZOOO GREEN SHEET No i ��:-02 CON7ACT PQ2SON & PHONE humYDab NIWVDW Gerry Strathman, 266-8560 �� ,�� MUST BEQN COUNCILAGFNDA BY (DAT� ❑ ❑ AEEIGM February 23, 2000 q ,,.� n �. a ,.,� � wrt xonrvic � wuxew.uxxceaow. w+u�aKmmKero � rpoRloR�fauqxrl ❑ TOTAL # OF SIGNATURE PAGES (CLiP ALL LOCATIONS FOR SIGNATURE) C710N REQUESTED Approving the 2-15-00 decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for Yhe following addresses: 104 Mississippi River Boulevard North, 1640 Randolph Avenue, 1921-1923 Peronia Avenue, 1602 English Street, 906 Beech Street-Lower Unit, 86 Congress Street West, 156 Granite Street, 409 Bates Avenue �12. R CAMMENDA ON Approve a Rejea ( VERSONAL SERVICE CONTRACIS MUSTANSWERTIIE FOLLANRNG QUESiIONSe t Has mis ae�soMrm erer varked unaer a wnhact r« mia aepanmenn PLANNING CAMMISSION VES NO CIB COMMITTEE 2. tiea mis pena�firm ever t�een a ciry emdoyeel CNILSERVICECAMMISSION �ES NO 3. Ooec this pe�sorUfrm posseee a sitlll nat normalHP�d M' anY ��ren� atY emPbyee? YE3 NO 4. la Mie peiaoMrm a farpe[ed vendp? YES td0 FiylOin all yes amvieis on aepaiate sheet and attach to 9reen sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (Who, What, When, Where, Why) ADVANTAGESIFAPPROVED _ �G'�$Bi°� t'?�.,��, �?K�..�'y'E.? t?°s�i�� FE�Z6 DISADVANTAGES IF APPROVED DISADVANTAGESIFNOTAPPROVED ., .� . ."..'. TOTAL AMOUNT OF TRANSACTION S COET/REVENUE BUDGETEO (GRCLE ON� YEE NO FUtiDING SOURCE ACTN�7'! 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I30TES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, February 15, 2000 Room 330 Courthouse Gerty Strathman, Legislative Heariug Officer STAFF PRESENT: Bemie Arends, License, Inspection, Environmernal Protection (LIEP); Pat Fish, Fire Prevention; Tom LeClair, LIEP; Dick Lippert, Code Bnforcement; Don Wagner, LIEP; Joe Yannazelly, Code Enforcement The meeting was adjourned at 133 p.m. 104 Mississippi River Boulevard North Joseph Hitpas, Missionazy Oblates of Mary Immaculate, appeazed to request a variance on the requirement to provide fire rated doors. In the older section, the doors are original; in the north section, they aze original for that section. Pat Fish reported the building is otherwise in compliance and she has no problem with a variance. Gerry Strathman granted a variance on the nonconforming doors with the following conditions: 1) when the nonconfornung doors need to be replaced, they wili be replaced with conforming fire rated doors, 2) the building must otherrvise be in compliance. 1640 Randolnh Avenue Cazolyn McKasy, owner, appeared to request a variance on the requirement to provide fire rated doors. These are original oak doors. Pat Fish reported this building is otherwise in compliance. Gerry Strathman granted a variance on the nonconforming doors with the following conditions: i) when the nonconforming doors need to be replaced, they wili be replaced with confornvng fire rated doors, 2) the building must otherwise be in compliance. 1921.1923 Feronia Avenue (No one appeared representing the property.) Gerry Strathman stated the owner is asking for a variance on the fire rated doors only. Pat Fish reported the building is otherwise in compliance and she has no problem with a variance. c�o-��1 PROPERTY CODE ENFORCEMENT NOTES OF 2-15-00 Page 2 Gerry Strathman granted a variance on the nonconforming doors with the following conditions: 1) when the nonconforming doors need to be repiaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 1602 En�lish Street Dave Nechrebecki, owner, appeazed to request a variance on the doors. There are seven apartments. The building will be remodeled in the future. The enhy doors ha�e been done. Would the remodeling be completed in five yeazs, asked Mr. Strathman. Mr. Nechrebecki responded he would appreciate seven or eight yeazs. Gerry Strathman granted a variance for eight years on the nonconforming doors with the foliowing conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 906 Beech Street. Lower Unit (Laid over from 2-1-2000) (Pat Fish reported the condemnation has been lifted and the appeal has been withdrawn.) 86 Congress Street West Rena Sorkin, tenant, appeazed and stated the housing inspector stopped by a wlule back to discuss a fire hazard because of a cluttered living room where the furnace is located. The 9nspector also thought the animal odor was too strong. She moved the china cabinet so it would not block the entrance to the front doorway. She moved the dresser drawer out of the utility room which blocked the stairway to the basement. Ms. Sorkin asked for a permit from Aninial Control because she has more than three cats plus rats, mice, a ferret, a guinea pig, and a rabbit. The mice are one ar two to a ten gallon aquarium. The guinea pig and rabbit are in a big wire cage in the kitchen. The rats aze in a ten gallon aquarium. However, the number of animals has to do with Animal Control. Ms. Sorkin moved from 88 Congress to 86 Congress. She had the required signatures for the permit and the landlady signed the pernuts. An Animal Control inspector was not sure if the former permit at 88 Congress was approved and wanted to see 86 Congress first. He did not stop by yesterday like he said he would, but the housing inspector did and said the house was much improved. Joe Yannarelly reported the original complaint involved storage issues and cats. There were storage problems creating a possible fire hazard, but that has since been resolved. The animal odor is very powerful. The statute allows for three cats maximum. This was included in her Conection Notice as well as making a referral to Auiuial Control regazding the ferrets, guinea Op -�S"�I PROPERTY CODE ENFORCEMENT NOTES OF 2-15-00 Page 3 pigs, rats, eta Ms. Sorldn responded the permit is pending. She has 3/4 of the signatures in the neighborhood. No one has complained about her cats. Mr. Strathman asked why it is taking so long to get a permit. Because she moved next door, responded Ms. Sorkin. She can only have one address in the computer. It was suggested she get another permit and go around the neighborhood again for signatures. She was told the pernvt would be moved to 86 Congress, but in the meantime someone must have complained about the an'vnals. She tries to keep all the animais inside. Wouldn't you say the odor is much unproved, asked Ms. Sorkin. Mr. Yannareily responded he does not tivuk so; he can smell Lysol in the air, but the odor is still appazent. Mr. Strathman asked what the code says with respect to odors. Dick Lippert responded the code does not speak directly to odors, but the underlying cause of the odor would be a sanitation problem. Mr. Strathman stated everyone agrees that the applicant has more animals than aze allowed unless she has a pernvt, which she does not have yet. He is concerned about the odor situation. Ms. Sorkin responded she cleans the litter boxes everyday, she vacuums everyday, and the landlady cleans with bleach. She cannot explain a powerfizl odor. In response to questions by Mr. Strathman, Mr. Yannarelly answered there were complaints with respect to the odor, the odor problem continues, and it is of an offensive nature. Gerry Strathman denied the appeal with respect to the animal odor citing an offensive odor that disturbs other people is not permitted. The storage problem has been resolved. The issue about whether Aiumal Control will grant a pernut is not before Mr. Strathman today. 156 Granite Street Donna M. Eberhardt, representing her deceased mother, appeared and stated no one is occupying the properry. She would like to reoccupy the house. What is holding it up is the sewer p3pe; however, she does not see it as a major problem. Tom LeClair reported work was done in 1977. There was a permit on the project, but it was never signed off. There was a bathroom installed. The existing four inch stack was replaced with a three inch stack. That is a direct violation of code. It has been working for 23 years without any problem. It is not a life safety issue. The worse scenario would be if there is a obstruction in the stack, the stack would fiil up and flood the toilet room. Because it is a code violation, he could not waive the issue. Bernie Arends reported the stack reduces. He understands the house was moved, and new underground was installed. Someone installed three inch because there is only one bathroom, oo-�� PROPBRTI' CODE ENFORCEMENT NOTES OF 2-15-00 Page 4 and it reduced at the stack. That is a violation. Economically, the time to do it would be now because a new floor in the bathroom is needed. Also, someone installed a toilet on the first floor. There is a bathroom on the second floor, which is aiso a violation af the code because it was not vented. Ms. Eberhazdt responded she is going to remove it. Gerry Strathman granted a variance on the soil stack on the following condition: when it ceases to function properly, it will haue to be replaced. 409 Bates Avenue #2 The following appeared: Denise Walker, appeliant and tenant; Katie Hessier, contract for deed holder; and Wesley Holzschuh. Ms. Walker stated her apartment passed inspection but two others did not. A condemnation notice was put on the building. She does not haue time to move again so quickly. Pat Fish reported the original certificate of occupancy inspection was done by her on August 23. There were sixty items that needed correction throughout the building; the building has six units. Ms. Fish did a reinspection on 11-2-99, and there were 29 items remaining. Some of the repairs were not done as the code requires, which is in a professional manner. Another reinspection was done on 12-15-99, and there were 21 items remaining. She sent another letter. Some items were done, and some units were in better condition than others. When Ms. Fish went back on 1-22-00, there was little progress and additional items were added to the list. The letter went out on Februa.ry 1 giving residents to the end of February to vacate. Fire Prevenfion usually does not condemn a building unit by unit, but on the general condition of the building. Katie Hessler stated Daytons Bluff Association wants to purchase the building. She delayed putting money into the building because the Association might take it over. She was also told Melropolitan State University wanted the rights to it. Gerry Strathman asked what is meant by the rights to the building. Ms. Hessler responded she believes it is called "imminent domain." (Ms. Hessler presented a copy of the letter she received from Metropolitan State Universiry.) The basic health safety issues are done: the boilers, fire alarms, smoke detectors. There aze Section 8 tenants there and some of the units have passed Section 8 inspection. She would like the tenants to have ea�tra time to find housing. Mr. Strathman asked was it their intention to vacate the building. Ms. Hessler responded she was told that she would get a response by May. If the building is not taken over, she plans to complete the repairs. Now, they are unwilling to put money into a building that someone will take from them. Did Metropolitan State say what they intend to do with the building, asked Mr. Strathman. Wesley Holzschuh responded they want to teaz it down and make more pazking. One unit needs ��- \� � PROPERTY CODE ENFORCEMENT NOTES OF 2-15-00 Page 5 new catpet and every time he goes in there, something else is broken. One unit needs to be totaily overhauled. They could not get into Unit 3 on the second inspection, but Mr. Holzschuh feels it wouid have passed. When one item is fiYed in the building, four more are broken. The safety issues—fire alarm, broiler, smoke detectors--are taken care of. Two tenants tore their smoke detectors apart between inspecrions. Ms. Fish stated she has been receiving phone calls because there is interest in purchasing the building. She is not awaze of Metropolitan State's plans. She cottld give a 30 day ea�tension on the vacate order with a letter af intent from a buyer with a time line. Mr. Strathman stated tius letter indicated Metropolitau State will be able to negotiate acquisition after July 1. Ms. Fish responded that time line is unacceptable. The repairs on the list aze reasonable if the building is to remain occupied. Ms. Hessler stated Metropolitan State will have a strong feeling by May whether Yhey will get the funds. She is not asking for this to be defuute. Her purpose for being here is so Denise Walker can have extra time to find housing. Mr. Strathman asked about the repairs with respect to Unit #2. Ms. Fish responded Unit #2 is not on the list, and she did not enter it during the last inspection. Mr. Strathman asked was it reasonable to assume Unit #2 is okay. Ms. Fish responded that is correct. Mr. Strathman asked was the general condition of the building life threatening. Ms. Fish responded smoke detectors disconnected, doors kicked in, and hallway lighting out, and things happening to the building between inspections aze the reasons she condemned the building. Ms. Fish stated the only appeal here is for Unit 2; she would be hesitant to support a variance on the other units. Mr. Strathman stated people had ten days to appeal, and those ten days ha�e passed; therefore, the rights have passed for anyone else in the building to appeal. Mr. Strathman stated that normatly when a building is condemned, rent is not collected. But if the vacate date is being extended, he would expect the tenant to pay rent for the time she is there. Gerry Strathman denied the appeal, but amended the vacate date for Unit #2 to April 1, 2000, to a11ow the tenant to find another place to live. Only Unit #2 is being appealed; he is not taking action on the rest of the building. The meeting was adjourned at 2:26 pm. rrn 4RiG�NAI. Presented by_ Referred To Cammittee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the February 15, 2 2000, decision of the Legislative Hearing Officer on Property Code Enforcemettt Appeals for the foliowing 3 address: 4 Property Apnealed An�ellant 6 1�4 Mississippi River Boulevazd North Joseph Hitpas for Missionary Oblates of 7 Mary Immaculate 8 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 9 nonconforming doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the 10 building must otherwise be in compliance. i l 1640 Randolph Avenue Bert McKasy 12 Decision: Vaziance granted on the nonconforming doors with the following conditions: 1) when the 13 nonconforxning doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 14 building must otherwise be in compliance. 15 1921 1923 Feronia Avenue Donald & Dawn Williams 16 Decision: Variance granted on the nonconforming doors with the foilowing conditions: i) when the 17 nonconfornung doors need to be replaced, they wi11 be replaced with conforming fire raxed doors, 2) the 18 buiiding must othenvise be in compliance. 19 1602 English Street Dave Nechrebecki 20 Decision: Variance granted for eight yeazs on the nonconfornung doors with the following conditions: 1) 21 when the nonconforming doors need to be replaced, they will be replaced with confornvng fire rated doors, 2) 22 the building must otherwise be in compliance. 23 906 Beech Street, Lower Unit (Laid over from 2-1-2000) Wendy Sawyer 24 (Note: The condemnation has been lifted; appeal is withdrawn.) 25 86 Coneress Street West Rena Sorkin 26 Decision: Appeal denied with respect to anunal odor. 27 156 Granite Street Donna M. Eberhazdt 28 Decision: Variance granted on the soil stack with the following condition: if it ceases to funcrion properly, it 29 will have to be replaced. Council File # p0 — ''�, Green Sheet # 100402 RESOLUTION OF SAINT PAUL, MfNNES01"A �( 30 409 Bates Avenue #2 Denise Walker 31 Decision: Appeal is denied, but the vacate date for Unit #2 is ea�tended to Apri11, 2000, on the Order to Vacate. Green Sheet 100402, Page 2 ORlG1NAt 1 2 3 4 5 6 � Yeas Na s Absent Blakey ,� Coleman ✓ Harris Benanav Reiter Bostrom � L�,� � 0 8 Adopted 6y Council: Date �o� .�-3 c�-0 Q C'� 9 r 10 Adopfion C fied by Council Secretary 11 By: ��—� -'�-�^—�— 12 Approved by Mayor: ate f�� li� � 13 ay: ��'c� 2 oo-�� Requested by Deparhnent of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � 0 0 .�� DEPARTMENTlOFFICE/OWNCIL DA7EINITU��o '— ' Z 1 i c�t coun�� Offices 2-�6-ZOOO GREEN SHEET No i ��:-02 CON7ACT PQ2SON & PHONE humYDab NIWVDW Gerry Strathman, 266-8560 �� ,�� MUST BEQN COUNCILAGFNDA BY (DAT� ❑ ❑ AEEIGM February 23, 2000 q ,,.� n �. a ,.,� � wrt xonrvic � wuxew.uxxceaow. w+u�aKmmKero � rpoRloR�fauqxrl ❑ TOTAL # OF SIGNATURE PAGES (CLiP ALL LOCATIONS FOR SIGNATURE) C710N REQUESTED Approving the 2-15-00 decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for Yhe following addresses: 104 Mississippi River Boulevard North, 1640 Randolph Avenue, 1921-1923 Peronia Avenue, 1602 English Street, 906 Beech Street-Lower Unit, 86 Congress Street West, 156 Granite Street, 409 Bates Avenue �12. R CAMMENDA ON Approve a Rejea ( VERSONAL SERVICE CONTRACIS MUSTANSWERTIIE FOLLANRNG QUESiIONSe t Has mis ae�soMrm erer varked unaer a wnhact r« mia aepanmenn PLANNING CAMMISSION VES NO CIB COMMITTEE 2. tiea mis pena�firm ever t�een a ciry emdoyeel CNILSERVICECAMMISSION �ES NO 3. Ooec this pe�sorUfrm posseee a sitlll nat normalHP�d M' anY ��ren� atY emPbyee? YE3 NO 4. la Mie peiaoMrm a farpe[ed vendp? YES td0 FiylOin all yes amvieis on aepaiate sheet and attach to 9reen sheet INITIATING PROBLEM ISSUE, OPPORTUNITY (Who, What, When, Where, Why) ADVANTAGESIFAPPROVED _ �G'�$Bi°� t'?�.,��, �?K�..�'y'E.? t?°s�i�� FE�Z6 DISADVANTAGES IF APPROVED DISADVANTAGESIFNOTAPPROVED ., .� . ."..'. TOTAL AMOUNT OF TRANSACTION S COET/REVENUE BUDGETEO (GRCLE ON� YEE NO FUtiDING SOURCE ACTN�7'! 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I30TES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, February 15, 2000 Room 330 Courthouse Gerty Strathman, Legislative Heariug Officer STAFF PRESENT: Bemie Arends, License, Inspection, Environmernal Protection (LIEP); Pat Fish, Fire Prevention; Tom LeClair, LIEP; Dick Lippert, Code Bnforcement; Don Wagner, LIEP; Joe Yannazelly, Code Enforcement The meeting was adjourned at 133 p.m. 104 Mississippi River Boulevard North Joseph Hitpas, Missionazy Oblates of Mary Immaculate, appeazed to request a variance on the requirement to provide fire rated doors. In the older section, the doors are original; in the north section, they aze original for that section. Pat Fish reported the building is otherwise in compliance and she has no problem with a variance. Gerry Strathman granted a variance on the nonconforming doors with the following conditions: 1) when the nonconfornung doors need to be replaced, they wili be replaced with conforming fire rated doors, 2) the building must otherrvise be in compliance. 1640 Randolnh Avenue Cazolyn McKasy, owner, appeared to request a variance on the requirement to provide fire rated doors. These are original oak doors. Pat Fish reported this building is otherwise in compliance. Gerry Strathman granted a variance on the nonconforming doors with the following conditions: i) when the nonconforming doors need to be replaced, they wili be replaced with confornvng fire rated doors, 2) the building must otherwise be in compliance. 1921.1923 Feronia Avenue (No one appeared representing the property.) Gerry Strathman stated the owner is asking for a variance on the fire rated doors only. Pat Fish reported the building is otherwise in compliance and she has no problem with a variance. c�o-��1 PROPERTY CODE ENFORCEMENT NOTES OF 2-15-00 Page 2 Gerry Strathman granted a variance on the nonconforming doors with the following conditions: 1) when the nonconforming doors need to be repiaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 1602 En�lish Street Dave Nechrebecki, owner, appeazed to request a variance on the doors. There are seven apartments. The building will be remodeled in the future. The enhy doors ha�e been done. Would the remodeling be completed in five yeazs, asked Mr. Strathman. Mr. Nechrebecki responded he would appreciate seven or eight yeazs. Gerry Strathman granted a variance for eight years on the nonconforming doors with the foliowing conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 906 Beech Street. Lower Unit (Laid over from 2-1-2000) (Pat Fish reported the condemnation has been lifted and the appeal has been withdrawn.) 86 Congress Street West Rena Sorkin, tenant, appeazed and stated the housing inspector stopped by a wlule back to discuss a fire hazard because of a cluttered living room where the furnace is located. The 9nspector also thought the animal odor was too strong. She moved the china cabinet so it would not block the entrance to the front doorway. She moved the dresser drawer out of the utility room which blocked the stairway to the basement. Ms. Sorkin asked for a permit from Aninial Control because she has more than three cats plus rats, mice, a ferret, a guinea pig, and a rabbit. The mice are one ar two to a ten gallon aquarium. The guinea pig and rabbit are in a big wire cage in the kitchen. The rats aze in a ten gallon aquarium. However, the number of animals has to do with Animal Control. Ms. Sorkin moved from 88 Congress to 86 Congress. She had the required signatures for the permit and the landlady signed the pernuts. An Animal Control inspector was not sure if the former permit at 88 Congress was approved and wanted to see 86 Congress first. He did not stop by yesterday like he said he would, but the housing inspector did and said the house was much improved. Joe Yannarelly reported the original complaint involved storage issues and cats. There were storage problems creating a possible fire hazard, but that has since been resolved. The animal odor is very powerful. The statute allows for three cats maximum. This was included in her Conection Notice as well as making a referral to Auiuial Control regazding the ferrets, guinea Op -�S"�I PROPERTY CODE ENFORCEMENT NOTES OF 2-15-00 Page 3 pigs, rats, eta Ms. Sorldn responded the permit is pending. She has 3/4 of the signatures in the neighborhood. No one has complained about her cats. Mr. Strathman asked why it is taking so long to get a permit. Because she moved next door, responded Ms. Sorkin. She can only have one address in the computer. It was suggested she get another permit and go around the neighborhood again for signatures. She was told the pernvt would be moved to 86 Congress, but in the meantime someone must have complained about the an'vnals. She tries to keep all the animais inside. Wouldn't you say the odor is much unproved, asked Ms. Sorkin. Mr. Yannareily responded he does not tivuk so; he can smell Lysol in the air, but the odor is still appazent. Mr. Strathman asked what the code says with respect to odors. Dick Lippert responded the code does not speak directly to odors, but the underlying cause of the odor would be a sanitation problem. Mr. Strathman stated everyone agrees that the applicant has more animals than aze allowed unless she has a pernvt, which she does not have yet. He is concerned about the odor situation. Ms. Sorkin responded she cleans the litter boxes everyday, she vacuums everyday, and the landlady cleans with bleach. She cannot explain a powerfizl odor. In response to questions by Mr. Strathman, Mr. Yannarelly answered there were complaints with respect to the odor, the odor problem continues, and it is of an offensive nature. Gerry Strathman denied the appeal with respect to the animal odor citing an offensive odor that disturbs other people is not permitted. The storage problem has been resolved. The issue about whether Aiumal Control will grant a pernut is not before Mr. Strathman today. 156 Granite Street Donna M. Eberhardt, representing her deceased mother, appeared and stated no one is occupying the properry. She would like to reoccupy the house. What is holding it up is the sewer p3pe; however, she does not see it as a major problem. Tom LeClair reported work was done in 1977. There was a permit on the project, but it was never signed off. There was a bathroom installed. The existing four inch stack was replaced with a three inch stack. That is a direct violation of code. It has been working for 23 years without any problem. It is not a life safety issue. The worse scenario would be if there is a obstruction in the stack, the stack would fiil up and flood the toilet room. Because it is a code violation, he could not waive the issue. Bernie Arends reported the stack reduces. He understands the house was moved, and new underground was installed. Someone installed three inch because there is only one bathroom, oo-�� PROPBRTI' CODE ENFORCEMENT NOTES OF 2-15-00 Page 4 and it reduced at the stack. That is a violation. Economically, the time to do it would be now because a new floor in the bathroom is needed. Also, someone installed a toilet on the first floor. There is a bathroom on the second floor, which is aiso a violation af the code because it was not vented. Ms. Eberhazdt responded she is going to remove it. Gerry Strathman granted a variance on the soil stack on the following condition: when it ceases to function properly, it will haue to be replaced. 409 Bates Avenue #2 The following appeared: Denise Walker, appeliant and tenant; Katie Hessier, contract for deed holder; and Wesley Holzschuh. Ms. Walker stated her apartment passed inspection but two others did not. A condemnation notice was put on the building. She does not haue time to move again so quickly. Pat Fish reported the original certificate of occupancy inspection was done by her on August 23. There were sixty items that needed correction throughout the building; the building has six units. Ms. Fish did a reinspection on 11-2-99, and there were 29 items remaining. Some of the repairs were not done as the code requires, which is in a professional manner. Another reinspection was done on 12-15-99, and there were 21 items remaining. She sent another letter. Some items were done, and some units were in better condition than others. When Ms. Fish went back on 1-22-00, there was little progress and additional items were added to the list. The letter went out on Februa.ry 1 giving residents to the end of February to vacate. Fire Prevenfion usually does not condemn a building unit by unit, but on the general condition of the building. Katie Hessler stated Daytons Bluff Association wants to purchase the building. She delayed putting money into the building because the Association might take it over. She was also told Melropolitan State University wanted the rights to it. Gerry Strathman asked what is meant by the rights to the building. Ms. Hessler responded she believes it is called "imminent domain." (Ms. Hessler presented a copy of the letter she received from Metropolitan State Universiry.) The basic health safety issues are done: the boilers, fire alarms, smoke detectors. There aze Section 8 tenants there and some of the units have passed Section 8 inspection. She would like the tenants to have ea�tra time to find housing. Mr. Strathman asked was it their intention to vacate the building. Ms. Hessler responded she was told that she would get a response by May. If the building is not taken over, she plans to complete the repairs. Now, they are unwilling to put money into a building that someone will take from them. Did Metropolitan State say what they intend to do with the building, asked Mr. Strathman. Wesley Holzschuh responded they want to teaz it down and make more pazking. One unit needs ��- \� � PROPERTY CODE ENFORCEMENT NOTES OF 2-15-00 Page 5 new catpet and every time he goes in there, something else is broken. One unit needs to be totaily overhauled. They could not get into Unit 3 on the second inspection, but Mr. Holzschuh feels it wouid have passed. When one item is fiYed in the building, four more are broken. The safety issues—fire alarm, broiler, smoke detectors--are taken care of. Two tenants tore their smoke detectors apart between inspecrions. Ms. Fish stated she has been receiving phone calls because there is interest in purchasing the building. She is not awaze of Metropolitan State's plans. She cottld give a 30 day ea�tension on the vacate order with a letter af intent from a buyer with a time line. Mr. Strathman stated tius letter indicated Metropolitau State will be able to negotiate acquisition after July 1. Ms. Fish responded that time line is unacceptable. The repairs on the list aze reasonable if the building is to remain occupied. Ms. Hessler stated Metropolitan State will have a strong feeling by May whether Yhey will get the funds. She is not asking for this to be defuute. Her purpose for being here is so Denise Walker can have extra time to find housing. Mr. Strathman asked about the repairs with respect to Unit #2. Ms. Fish responded Unit #2 is not on the list, and she did not enter it during the last inspection. Mr. Strathman asked was it reasonable to assume Unit #2 is okay. Ms. Fish responded that is correct. Mr. Strathman asked was the general condition of the building life threatening. Ms. Fish responded smoke detectors disconnected, doors kicked in, and hallway lighting out, and things happening to the building between inspections aze the reasons she condemned the building. Ms. Fish stated the only appeal here is for Unit 2; she would be hesitant to support a variance on the other units. Mr. Strathman stated people had ten days to appeal, and those ten days ha�e passed; therefore, the rights have passed for anyone else in the building to appeal. Mr. Strathman stated that normatly when a building is condemned, rent is not collected. But if the vacate date is being extended, he would expect the tenant to pay rent for the time she is there. Gerry Strathman denied the appeal, but amended the vacate date for Unit #2 to April 1, 2000, to a11ow the tenant to find another place to live. Only Unit #2 is being appealed; he is not taking action on the rest of the building. The meeting was adjourned at 2:26 pm. rrn 4RiG�NAI. Presented by_ Referred To Cammittee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the February 15, 2 2000, decision of the Legislative Hearing Officer on Property Code Enforcemettt Appeals for the foliowing 3 address: 4 Property Apnealed An�ellant 6 1�4 Mississippi River Boulevazd North Joseph Hitpas for Missionary Oblates of 7 Mary Immaculate 8 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 9 nonconforming doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the 10 building must otherwise be in compliance. i l 1640 Randolph Avenue Bert McKasy 12 Decision: Vaziance granted on the nonconforming doors with the following conditions: 1) when the 13 nonconforxning doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 14 building must otherwise be in compliance. 15 1921 1923 Feronia Avenue Donald & Dawn Williams 16 Decision: Variance granted on the nonconforming doors with the foilowing conditions: i) when the 17 nonconfornung doors need to be replaced, they wi11 be replaced with conforming fire raxed doors, 2) the 18 buiiding must othenvise be in compliance. 19 1602 English Street Dave Nechrebecki 20 Decision: Variance granted for eight yeazs on the nonconfornung doors with the following conditions: 1) 21 when the nonconforming doors need to be replaced, they will be replaced with confornvng fire rated doors, 2) 22 the building must otherwise be in compliance. 23 906 Beech Street, Lower Unit (Laid over from 2-1-2000) Wendy Sawyer 24 (Note: The condemnation has been lifted; appeal is withdrawn.) 25 86 Coneress Street West Rena Sorkin 26 Decision: Appeal denied with respect to anunal odor. 27 156 Granite Street Donna M. Eberhazdt 28 Decision: Variance granted on the soil stack with the following condition: if it ceases to funcrion properly, it 29 will have to be replaced. Council File # p0 — ''�, Green Sheet # 100402 RESOLUTION OF SAINT PAUL, MfNNES01"A �( 30 409 Bates Avenue #2 Denise Walker 31 Decision: Appeal is denied, but the vacate date for Unit #2 is ea�tended to Apri11, 2000, on the Order to Vacate. Green Sheet 100402, Page 2 ORlG1NAt 1 2 3 4 5 6 � Yeas Na s Absent Blakey ,� Coleman ✓ Harris Benanav Reiter Bostrom � L�,� � 0 8 Adopted 6y Council: Date �o� .�-3 c�-0 Q C'� 9 r 10 Adopfion C fied by Council Secretary 11 By: ��—� -'�-�^—�— 12 Approved by Mayor: ate f�� li� � 13 ay: ��'c� 2 oo-�� Requested by Deparhnent of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � 0 0 .�� DEPARTMENTlOFFICE/OWNCIL DA7EINITU��o '— ' Z 1 i c�t coun�� Offices 2-�6-ZOOO GREEN SHEET No i ��:-02 CON7ACT PQ2SON & PHONE humYDab NIWVDW Gerry Strathman, 266-8560 �� ,�� MUST BEQN COUNCILAGFNDA BY (DAT� ❑ ❑ AEEIGM February 23, 2000 q ,,.� n �. a ,.,� � wrt xonrvic � wuxew.uxxceaow. w+u�aKmmKero � rpoRloR�fauqxrl ❑ TOTAL # OF SIGNATURE PAGES (CLiP ALL LOCATIONS FOR SIGNATURE) C710N REQUESTED Approving the 2-15-00 decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for Yhe following addresses: 104 Mississippi River Boulevard North, 1640 Randolph Avenue, 1921-1923 Peronia Avenue, 1602 English Street, 906 Beech Street-Lower Unit, 86 Congress Street West, 156 Granite Street, 409 Bates Avenue �12. 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I30TES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, February 15, 2000 Room 330 Courthouse Gerty Strathman, Legislative Heariug Officer STAFF PRESENT: Bemie Arends, License, Inspection, Environmernal Protection (LIEP); Pat Fish, Fire Prevention; Tom LeClair, LIEP; Dick Lippert, Code Bnforcement; Don Wagner, LIEP; Joe Yannazelly, Code Enforcement The meeting was adjourned at 133 p.m. 104 Mississippi River Boulevard North Joseph Hitpas, Missionazy Oblates of Mary Immaculate, appeazed to request a variance on the requirement to provide fire rated doors. In the older section, the doors are original; in the north section, they aze original for that section. Pat Fish reported the building is otherwise in compliance and she has no problem with a variance. Gerry Strathman granted a variance on the nonconforming doors with the following conditions: 1) when the nonconfornung doors need to be replaced, they wili be replaced with conforming fire rated doors, 2) the building must otherrvise be in compliance. 1640 Randolnh Avenue Cazolyn McKasy, owner, appeared to request a variance on the requirement to provide fire rated doors. These are original oak doors. Pat Fish reported this building is otherwise in compliance. Gerry Strathman granted a variance on the nonconforming doors with the following conditions: i) when the nonconforming doors need to be replaced, they wili be replaced with confornvng fire rated doors, 2) the building must otherwise be in compliance. 1921.1923 Feronia Avenue (No one appeared representing the property.) Gerry Strathman stated the owner is asking for a variance on the fire rated doors only. Pat Fish reported the building is otherwise in compliance and she has no problem with a variance. c�o-��1 PROPERTY CODE ENFORCEMENT NOTES OF 2-15-00 Page 2 Gerry Strathman granted a variance on the nonconforming doors with the following conditions: 1) when the nonconforming doors need to be repiaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 1602 En�lish Street Dave Nechrebecki, owner, appeazed to request a variance on the doors. There are seven apartments. The building will be remodeled in the future. The enhy doors ha�e been done. Would the remodeling be completed in five yeazs, asked Mr. Strathman. Mr. Nechrebecki responded he would appreciate seven or eight yeazs. Gerry Strathman granted a variance for eight years on the nonconforming doors with the foliowing conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 906 Beech Street. Lower Unit (Laid over from 2-1-2000) (Pat Fish reported the condemnation has been lifted and the appeal has been withdrawn.) 86 Congress Street West Rena Sorkin, tenant, appeazed and stated the housing inspector stopped by a wlule back to discuss a fire hazard because of a cluttered living room where the furnace is located. The 9nspector also thought the animal odor was too strong. She moved the china cabinet so it would not block the entrance to the front doorway. She moved the dresser drawer out of the utility room which blocked the stairway to the basement. Ms. Sorkin asked for a permit from Aninial Control because she has more than three cats plus rats, mice, a ferret, a guinea pig, and a rabbit. The mice are one ar two to a ten gallon aquarium. The guinea pig and rabbit are in a big wire cage in the kitchen. The rats aze in a ten gallon aquarium. However, the number of animals has to do with Animal Control. Ms. Sorkin moved from 88 Congress to 86 Congress. She had the required signatures for the permit and the landlady signed the pernuts. An Animal Control inspector was not sure if the former permit at 88 Congress was approved and wanted to see 86 Congress first. He did not stop by yesterday like he said he would, but the housing inspector did and said the house was much improved. Joe Yannarelly reported the original complaint involved storage issues and cats. There were storage problems creating a possible fire hazard, but that has since been resolved. The animal odor is very powerful. The statute allows for three cats maximum. This was included in her Conection Notice as well as making a referral to Auiuial Control regazding the ferrets, guinea Op -�S"�I PROPERTY CODE ENFORCEMENT NOTES OF 2-15-00 Page 3 pigs, rats, eta Ms. Sorldn responded the permit is pending. She has 3/4 of the signatures in the neighborhood. No one has complained about her cats. Mr. Strathman asked why it is taking so long to get a permit. Because she moved next door, responded Ms. Sorkin. She can only have one address in the computer. It was suggested she get another permit and go around the neighborhood again for signatures. She was told the pernvt would be moved to 86 Congress, but in the meantime someone must have complained about the an'vnals. She tries to keep all the animais inside. Wouldn't you say the odor is much unproved, asked Ms. Sorkin. Mr. Yannareily responded he does not tivuk so; he can smell Lysol in the air, but the odor is still appazent. Mr. Strathman asked what the code says with respect to odors. Dick Lippert responded the code does not speak directly to odors, but the underlying cause of the odor would be a sanitation problem. Mr. Strathman stated everyone agrees that the applicant has more animals than aze allowed unless she has a pernvt, which she does not have yet. He is concerned about the odor situation. Ms. Sorkin responded she cleans the litter boxes everyday, she vacuums everyday, and the landlady cleans with bleach. She cannot explain a powerfizl odor. In response to questions by Mr. Strathman, Mr. Yannarelly answered there were complaints with respect to the odor, the odor problem continues, and it is of an offensive nature. Gerry Strathman denied the appeal with respect to the animal odor citing an offensive odor that disturbs other people is not permitted. The storage problem has been resolved. The issue about whether Aiumal Control will grant a pernut is not before Mr. Strathman today. 156 Granite Street Donna M. Eberhardt, representing her deceased mother, appeared and stated no one is occupying the properry. She would like to reoccupy the house. What is holding it up is the sewer p3pe; however, she does not see it as a major problem. Tom LeClair reported work was done in 1977. There was a permit on the project, but it was never signed off. There was a bathroom installed. The existing four inch stack was replaced with a three inch stack. That is a direct violation of code. It has been working for 23 years without any problem. It is not a life safety issue. The worse scenario would be if there is a obstruction in the stack, the stack would fiil up and flood the toilet room. Because it is a code violation, he could not waive the issue. Bernie Arends reported the stack reduces. He understands the house was moved, and new underground was installed. Someone installed three inch because there is only one bathroom, oo-�� PROPBRTI' CODE ENFORCEMENT NOTES OF 2-15-00 Page 4 and it reduced at the stack. That is a violation. Economically, the time to do it would be now because a new floor in the bathroom is needed. Also, someone installed a toilet on the first floor. There is a bathroom on the second floor, which is aiso a violation af the code because it was not vented. Ms. Eberhazdt responded she is going to remove it. Gerry Strathman granted a variance on the soil stack on the following condition: when it ceases to function properly, it will haue to be replaced. 409 Bates Avenue #2 The following appeared: Denise Walker, appeliant and tenant; Katie Hessier, contract for deed holder; and Wesley Holzschuh. Ms. Walker stated her apartment passed inspection but two others did not. A condemnation notice was put on the building. She does not haue time to move again so quickly. Pat Fish reported the original certificate of occupancy inspection was done by her on August 23. There were sixty items that needed correction throughout the building; the building has six units. Ms. Fish did a reinspection on 11-2-99, and there were 29 items remaining. Some of the repairs were not done as the code requires, which is in a professional manner. Another reinspection was done on 12-15-99, and there were 21 items remaining. She sent another letter. Some items were done, and some units were in better condition than others. When Ms. Fish went back on 1-22-00, there was little progress and additional items were added to the list. The letter went out on Februa.ry 1 giving residents to the end of February to vacate. Fire Prevenfion usually does not condemn a building unit by unit, but on the general condition of the building. Katie Hessler stated Daytons Bluff Association wants to purchase the building. She delayed putting money into the building because the Association might take it over. She was also told Melropolitan State University wanted the rights to it. Gerry Strathman asked what is meant by the rights to the building. Ms. Hessler responded she believes it is called "imminent domain." (Ms. Hessler presented a copy of the letter she received from Metropolitan State Universiry.) The basic health safety issues are done: the boilers, fire alarms, smoke detectors. There aze Section 8 tenants there and some of the units have passed Section 8 inspection. She would like the tenants to have ea�tra time to find housing. Mr. Strathman asked was it their intention to vacate the building. Ms. Hessler responded she was told that she would get a response by May. If the building is not taken over, she plans to complete the repairs. Now, they are unwilling to put money into a building that someone will take from them. Did Metropolitan State say what they intend to do with the building, asked Mr. Strathman. Wesley Holzschuh responded they want to teaz it down and make more pazking. One unit needs ��- \� � PROPERTY CODE ENFORCEMENT NOTES OF 2-15-00 Page 5 new catpet and every time he goes in there, something else is broken. One unit needs to be totaily overhauled. They could not get into Unit 3 on the second inspection, but Mr. Holzschuh feels it wouid have passed. When one item is fiYed in the building, four more are broken. The safety issues—fire alarm, broiler, smoke detectors--are taken care of. Two tenants tore their smoke detectors apart between inspecrions. Ms. Fish stated she has been receiving phone calls because there is interest in purchasing the building. She is not awaze of Metropolitan State's plans. She cottld give a 30 day ea�tension on the vacate order with a letter af intent from a buyer with a time line. Mr. Strathman stated tius letter indicated Metropolitau State will be able to negotiate acquisition after July 1. Ms. Fish responded that time line is unacceptable. The repairs on the list aze reasonable if the building is to remain occupied. Ms. Hessler stated Metropolitan State will have a strong feeling by May whether Yhey will get the funds. She is not asking for this to be defuute. Her purpose for being here is so Denise Walker can have extra time to find housing. Mr. Strathman asked about the repairs with respect to Unit #2. Ms. Fish responded Unit #2 is not on the list, and she did not enter it during the last inspection. Mr. Strathman asked was it reasonable to assume Unit #2 is okay. Ms. Fish responded that is correct. Mr. Strathman asked was the general condition of the building life threatening. Ms. Fish responded smoke detectors disconnected, doors kicked in, and hallway lighting out, and things happening to the building between inspections aze the reasons she condemned the building. Ms. Fish stated the only appeal here is for Unit 2; she would be hesitant to support a variance on the other units. Mr. Strathman stated people had ten days to appeal, and those ten days ha�e passed; therefore, the rights have passed for anyone else in the building to appeal. Mr. Strathman stated that normatly when a building is condemned, rent is not collected. But if the vacate date is being extended, he would expect the tenant to pay rent for the time she is there. Gerry Strathman denied the appeal, but amended the vacate date for Unit #2 to April 1, 2000, to a11ow the tenant to find another place to live. Only Unit #2 is being appealed; he is not taking action on the rest of the building. The meeting was adjourned at 2:26 pm. rrn