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279337 WH17E - CITV CLERK ��5��� PINK -�FINANCE G I SA I NT PAU L COURCII � CANARV - DEPARTMENT BLlJE - MAVOR ---�"��'�� Flle NO. ' Resolution � Presented . Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, That the Council of the City of Saitn Paul hereby certifies and approves the action of the City of Saint Paul Board of Appeals and Review pertaining to the following listed property and as shown by the Excerpted Minutes of said Board of Appeals and Review, dated September 14, 1982, and marked EXHiBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT 9/14/82 53-82-H 1615 Westminster E. T. Hughes, Construction, (vacant lot) Inc. , by E. T. Hughes BOARD ACTION: Granted time extension of 60 days to 11/14/82 to permit application for refund of building permit fees beyond the time limit of six months. Property Description: Kavanagh and Dawson' s Addition to St. Paul Lot l, Block 4 ----------------------------- 9/14/82 59-82-H 91/93/95 N. Lexington Patrick Coughlin (20 units) BOARD ACTION: Granted time extension of 60 days to 11/14/82 to complete the following numbered items , as designated in city' s letter of 3/12/82: l, 8 , 11 through 19 , 21 through 25 , 29 , 32, 36 through 40, 42, 43, 46 , 48, 52, 57, 62, 64, 65, 69 through 71, 73, 75 through 77, and 82, and granted one-year time extension to 9/14/83 for completion of all remaining items except those concerned with number of. electrical outlets required in each room, which shall be brought into compliance at any time prior to one-_year time extension if the building be rewired. COUNCILMEN Yeas Nays Requested by Department of: Fletcher Levine In Favor Masanz Nicosia scheibel __ Against BY — Tedesco Wilson Form Approved by Cit torney Adopted by Council: Date Certified Passed by Council Secretary BY ��� By tlpproved by ;14avor. Date _ Approved by Mayor for Submission to Council BY - – — BY WMITE - CITV CLERK COU[ICIl I'7���V� PINK �- FINANCE G I TY OF SA I NT PAU L CANARV - DEPARTMENT B�UE - MAVOR File NO• Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -2- Property Description: Manson and Simonton' s Addition Except Avenue, Lot 1 and All of Lots 2 and 3, Block 5 --------------------------------- 9/14/82 55-82-H 423/429 N. Fry Wayne L. Carlson (12 units) BOARD ACTION: Granted time extension of 60 days to 11/14/82 to complete all items listed in city' s letter of 7/26/82. Property Description: Homer H. Hoyt Cos Addition Lot 9, Block 3 --------------------------------- 9/14/82 56-82-H 374 N. Wheeler Wayne L. Carlson (four units) BOARD ACTION: Granted appellant' s request that St. Paul B�ilding and Hous- ing Code Enforcement Division be directed to take appropriate action to restore all tax deduction rights under Minnesota tax law available to owner of rental property for the period dating from August 11, 1982, through September 8 , 1982, which had been removed under Chapter 226, Laws of Minnesota, 1975 at City of St. Paul' s request on grounds of noncompliance. Property Description: Lovering' s Addition � S . 65 Ft. of Lots 14 and 15, Block 2 ---------------------------------- COUNCILMEN Yeas Nays � Requested by Department of: Fletcher �ev�ne [n Favor Masanz Nicosia scheibel _�__ Against BY — Tedesco Yllilsvn� O�,'T 7 ��82 Form Approved by Cit Adopted by Council: Date Certified Pa s Co cil cr B 3� By Approved by , a r• Date �CT 8 1982 Approved by Mayor for Submission to Councii By � BY � P LISNED C 16 198� - -.2- 9/14/82 - Meeting No. 188 • � �X !-� I 1317" � ,, F �'����� - -- - ---- -- - - -- - -- - -- -- -- -- -- -- -- -- -- ---------- -- -- -- -- -- -- -- ---- ---- ---- CASE N0. PROPERTY APPELLANT 53- 82-H 1615 Westminster E. T. Hughes Construction , Inc. (vacant lot) By E.T. Hughes SUBJECT : Rec{uest refund of b uilding permit fees of $859. 89 and $74. 28, ec�se financing of planned project fell through. Six-month period allowed by city for such refunds has expired. APPEARANCE : E.T. Hughes PROCEEDINGS : Mr. Hughes explained that he had taken out building permits in Octo�1981, for construction on this lot , but shortly thereafter, he lost the buyer because of financial difficulties . In the process of getting a new buyer, the time ran out on the permits . Then the new buyer decided to build on the lot behind it instead of on �lestminster. He purchased permits for the new location and requested a refund on the permits issued for 1615 Westminster. Although at the time he was only � �'����` • � -3- 9/14/82 - Meeting No. 188 eleven days too late , he was told that it would be necessary to appeal to the board. � Richard Amey indicated that the board could grant an extension of time , such as 60 days , which would give r7r. Hughes time to re-apply for a refund. BOARD ACTION: Mr. Tilton moved that the expiration date for applying for a re und of uilding permit fees be extended 60 days from this date . Mrs . Collins seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 4 Nays - 0 Abstentions - 0 - - - - - - -- - -- - - -- - - - - - - -- - - - - - --- -- --- - - ---- - - --- --- -- - - - -- --- --- ----- - ---- • 9./14/82 - Meeting No. 188 MINUTES OP THE MEETING ST. PAUL BOARD OF APPEALS � REVIEW Tuesday, September I4, 1982 Room 707 City Hall, 15 W. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman, Chairman Lucille Burg Collins William Tilton Glenn Gausman "�IBSENT: Rudolph Sawyer " Rosann Bostrom Harold Knutson AGENCIES PRESENT : Dept . of Community Services - Division of Housing �, Building Code Enforcement : Alice Bijjani G. L. Kern Joan Barry R. L. Amey OTHERS PRESENT: Edward F. Wittenberg Jim Coughlin tiValter Nordstrom Bill Edwards Richard A. Smith Eugenia Petersen E. T. Hughes Olga Dorn Wayne Carlson Thomas N. Kelly Pat Coughlin Ron Wagner STAFF PRESENT: Patricia Moxness Chairman Glassman called the meeting to order at 1 : 40 p .m. The minutes of the meeting of August 10 , 1982 , were approved as distributed to the members. Chairman Glassman reported that Case SO-82-H, 491 Stryker, Appellant Mrs . Floyd M. Johnson, would be rescheduled for the October 12 meeting, at the request of the appellant , unless there was any objection. Mrs . Johnson had written that she would be heavil.y involved with the start of the school year in her duties as a teacher, and had a special assignment on today' s meeting date. Board members approved the requested postponement. CASE P10. PROPERTY APPELLANT 52- 82-H 1106 Laurel Wm. H. Edwards SUBJECT : � (14 units) Request variance on Section 35 . 03 , pertaining to self-.closing devices on apartment entrance doors within stair enclosures , because order is an "unreasonable" financial hardship and tenants object. , ������ �__. _:. _ . - 3- _.__.__..__9/14/82 , - rieeting�:Yo.A�l88�"„�:; ..�,,,....M._�.�... __._,__.__.____ _.._._ _ __.___ _ __ ___ __ __.__ _ ___. ___ _ _ _ _ _ _ _ ___... ___ - _. _ __.__.._....�..,,.,� -- - - - -- --- - - -- - - - - ---- -- - -- - - - - - - -- - - - ---------- -- -- - - - - - - - - ------------- 59- 82-H 91/93/95 N.� Lexington Patrick Coughlin (20 units) SUBJECT: Request variances on all items listed in city's letter of Marc 10 , 1982 , because appellant contends "list was written in an arbitrary and capricious manner" and because of financial hardsh;ip . APPEARA��ICE : Patrick Coughlin Jim Coughlin PROCEEDINGS: The appellant stated that he had no money to comply with t e city s work orders and was trying to sell the b uilding. Ne felt that the city inspector was biased against him and for that reason had produced a list of 82 violations , many of which he felt were unjustified. He said it had always been certified after previous inspections . � Alice Bijjani conceded that many of the items were of a minor nature, but in a 20-unit building that needed attention to painting and caulking this could easily account for ZO separate items on the list. She agreed that the building had been certified in prior years , but with work orders outstanding. Also, there w as a housing code change on the number of electric outlets required since the building was certified in 1978, and this change applied to existing buildings . She ,said her primary cancerns were with the boiler room and stairwell enclosures. The doors leading to the basement should be an approved type. The apartment doors were fire-rated but needed automatic closers . There was also illegal ex- tension wiring that should be removed. Mr. Tilton said the board was unwilling to compromise on life safety items , but could allow some slack on less urgent deficiencies . However, he noted that the appellant was appealing the entire violations list. The appellant explained that he had appealed the entire letter because he felt the inspector had not been specific and the letter was unclear on exactly where and what was reQuired. Chairman Glassman pointed out that a cooperative attitude wauld be to . the advantage of the appellant. In other words , there should be some give on his part instead of contentious negativism to every item on the list. Jim Coughlin, co-owner, said what they would really like was a waiver as far as having to rewire the entire building, which would be needed if - � @J��� � � ' -4- 9/I4/82 - Meeting No. 188 � they had to put in all the additional electric outlets required under the newer code . Alice Bijjani said it might be appropriate to grant a variance permitting compliance with the old electrical code standards as to the number of outlets reQuired in each room. She recommended that the following items be completed at an early date : (1) Door closers on apartment entrance doors , and doors of an , approved type on the basement stairway. (2) Removal of illegal wiring and extension cords . (3) Cover switchplates where lacking. (4) Grounding of one electric fixture. (5) Rep air two defective smoke detectors . (6) Correct gas shutoff valves on �wa stoves . (7) Make plaster repairs between a first floor apartment and the basement. Patrick Coughlin stated that he had no problem with these items except for the door closers which were a costly item. He w as about to have the roof repaired at very heavy cost and had no way to pay for door closers at this time. Mr. Tilton asked that Item No. 1, requiring the filing of an affidavit that smoke detectors are operational, and Item No. 8, requiring a hand rail on the south side steps , be included in Ms . Bijjani' s list of priority items. BOARD ACTION: Mr. Tilton moved that a period of sixty days be granted or completion of all items listed by Ms . Bijjani , plus Item Nos. 1 and 8, as designated in city' s lettex of 3/12/82 , and that a one-year exten- tion of time be granted for completion o� all remaining items , except those concerned with the number of electrie outlets required in each room. Mrs . Collins seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 4 Nays - 0 Abstentions - 0 BOARD ACTION : Mr. Tilton moved that a one-year extension of time be grante to comply with requirements or the newest electrical code in the matter of number of electric outlets in each room, permitting com- pliance with �he old code in the interim, or until such time as the building may be rewired, whichever comes first. Mr. Gausman seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes 4 Nays - 0 Abstentions - 0 Ms . Bijjani related that there had been some discussion of the advisabil�ty of applying the new electrical code in existing buildings only at such time as a building might be rewired. - - - - - - - -- - -- - - - - - - -- - - -- -- -- -- -- - - -- -- -- -- -- -- --- ---- -- - ---- -- ---- - - -- -- -- � • 9/I4/82 - Meeting Na. 188- MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS � REVIEW Tuesday, September 14, 1982 Room 707 City Hall, 15 W. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman, Chairman Lucille Burg Collins tiVilliam Tilton Glenn Gausman "ABSENT: Rudolph Sawyer " Rosann Bostrom Harold Knutson AGENCIES PRESENT : Dept . of Community Services - Division of Hou�ing � Building Code Enforcement : Alice Bij j ani G. L. Kern Joan Barry R. L. Amey OTHERS PRESENT: Edward F. Wittenberg Jim Coughlin Walter Nordstrom Bill Edwards Richard A. Smith Eugenia Petersen E. T. Hughes Olga Dorn . Wayne Carlson Thomas N. Kelly Pat Coughlin Ron Wagner STAFF PRESENT: Patricia Moxness Chairman Glassman called the meeting to order at I : .40 p.m. The minutes of the meeting of August 10 , 1982 , were approved as distrib uted to the members . Chairman Glassman reported that Case 50- 82-H, 491 Stryker, Appellant Mrs . Floyd M. Johnson, would be rescheduled for the October 12 meeting , at the request of the appellant , unless there was any objection. Mrs . Johnson had written that she would be heavily involved with the start of the school year in her duties as a teacher, and had a special assignment on today' s meeting date. Board members approved the rec{uested postponement. CASE P10. PROPERTY APPELLANT 52- 82-H 1106 Laurel Wm. H. Edwards SUBJECT : (14 units) ReQuest variance on Section 35 . 03, pertaining to seZf-.closing devices on apartment entrance doors within stair enclosures , because order is an "unreasonable" financial hardship and tenants object. � . � . = 7- 9/14/82 - Meeting No�� 188 � �'7y��3"� PROCEEDINGS : Mr. Carlson said the things that were still to be done were e stucco repair, enclosure of �he boiler snrinkler with 28-gauge doors , some wall surface repair, and Unit #7 needs a gas shutoff valve. There was also a defective light fixture in need of repair. Scr�ens have been repaired, rubbish has been removed and the building has been sprayed for roaches . He understood that the stairtower enclosure reQuirement item would not be heard un�il the City Council acted on a proposed amendment to the hous�ing code which related to the subject. He listed the improve- ments and rep airs he had made in the b uilding since he bought it ab out a dozen years ago. He said the gas shutoff valve would be taken care of shartly and the work in the boiler room had been started yesterday, enclosing it and installing self-closing fire-rated doors as required. He had a bid of $2400 for roof repair, and a bid of nearly $7000 for insulation. The bid on the stu�co repair was $7000. His greatest problem has been to get money for all this work. He was trying to refin ance the building in order ta pay for it , but he needed more time than. the city had given him. He thought it could be done within 45 days . The city had given him only until September 11 , 1982 . Board Secretary Pat Moxness reported that telephone calls had been received from two residents of the area on behalf of several neighbors , complaining of the unsightly appearance of the building, an excessive number of tenants , and trash in the yard. Mr. Carlson said he , too, was unhappy with the type of tenants he had in the building. He explained that many were Hmong refugees who brought in additional relatives as time went on. He felt their standards of cleanli- . ness made it impossible to control the roach problem. BOARD ACTION : Chairman Glassman moved that an extension of time to 60 ays e granted for completion of all items listed in city`s letter of July 26 , 1982 . Mrs . Collins seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 4 Nays - 0 Abstentions - Q � � - 9/14/82 - Meeting No. 18�, J MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS � REVIEW Tuesday, September 14, 1982 Room 707 City Hall, 15 W. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman, Chairman Lucille Burg Collins William Tilton Glenn Gausman ABSENT : Rudolph Sawyer Rosann Bostrom Harold Knutson AGENCIES PRESENT: Dept . of Community Services - Division of Housing � Building Code Enforcement : Alice Bijjani G. L. Kern Joan Barry R. L. Amey OTHERS PRESENT: Edward F. Wittenberg Jim Coughlin . Walter Nordstrom Bill Edwards Richard A. Smith Eugenia Petersen E. T. Hughes Olga Dorn Wayne Carlson Thomas N. KelZy Pat Coughlin Ron ti9agner STAFF PRESENT: Patricia Moxness Chairman Glassman called the meeting to order at 1 : 40 p .m. The minutes of the meeting of August 10 , 1982 , were approved as distributed to the members . Chairman Glassman reported that Case 50- 82-H, 491 Stryker, Appellant Mrs . Floyd M. Johnson, would be rescheduled for the October I2 meeting , at the request of the appellant , unless there was any objection. Mrs . Johnson had written that she would be heavily involved with the start of �he school year in her duties as a teacher, and had a special assignment on today' s meeting date. Board members approved the reQuested postponement. CASE N0. PROPERTY APPELLANT 52- 82-H 1106 Laurel Wm. H. Edwards SUBJECT : (14 units) Request variance on Section 35 . 03 , pertaining to self-.closing deviccs on apartment entrance doors within stair enclosures , because order is an "unreason able" financial hardship and tenants object. �7y��7 � � •- 8- 9/14/82 - Meeting No. 188 APPEARANCE : Wayne Carlson PROCEEDINGS : Mr. Carlson said he had put $12 ,000 into the building over t�ie past 18 months . Exterior painting and electrical rewiring costs came to well over $10 ,000 . He had installed a sprinkler system in the boiler area for $900 and had made many cosmetic repairs . When an inspec- tion was made last summer, the insoector reported that some smoke detec- tors did not operate . This was erroneous- -he said the inspector evidently did not know how to test the detectors , that it was a matter of pushing a button and holding it there to determine whether or not one was in order. At the time of the inspection, the front and back doors had not been cov- ered with 28-gauge metal as required, but this has since been done� He had now been issued a Certificate of Occupancy. Alice Bij.jani stated that the original notice ta the State that Mr. Carlson was not in compliance was sent on August 11. On September 8 , the city notified the State that he had completed the necessary work and should thereafter be permitted reinstatement of his deduction privileges on his tax returns . Mr. Carlson contended that he was in substantial compliance in August when the notice to the State was sent. He asked that the 28-day period during which depreciation and deductions were disallowed be nullified, tio permit the allowances for such deductions for that period. Jerry Kern promised that the city tiaould do everything in its power to bring about a favorable response from the State on bZr. Carlson' s reQuest. BOARD ACTION : Ch airman Glassman moved that the St. Paul Housing and Buil ing Co e Enforcement Division be directed to take whatever action � was necessary to reinstate the tax deduction rights of the appel.lant on his State tax returns for the 28-day period between August 11 and September 8, 1982 . Mrs . Collins seconded. MOTION CARRIED AND SO ORDERED. THE VOTE : Ayes - 4 Nays - 0 Abstentions - 0 Mr. Carlson asked that his filing fees for appeals on his properties at 423/429 N. Fry and 374 N. Wheeler be refunded. After some discussion, board members decided this should not be done. BOARD ACTION: Mr. Tilton moved that the appellant's rec{uest for return of filing fees be denied. Mrs . Collins seconded. MOTION CARRIED AND SO ORDERED. THE VOTE : Ayes - 4 Nays - 0 Abstentions - � - - - - - - - -- - -- -- -- -- -- -- -- -- -- -- - - -- -- -- - - -- -- -- - - -- ------ - - -- -- -- -- -- ---- The meeting adjourned at 4 p.m. ' s� 9/14/82 - Meeting No. 188 ` MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS � REVIEW Tuesday, September 14, 1982 Room 707 City Hall , 15 W. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman, Chairman Lucille Burg Collins William Tilton Glenn Gausman "ABSENT: Rudolph Sawyer " Rosann Bostrom Harold Knutson AGENCIES PRESENT : Dept . of Community Services - Division of Housing � Building Code Enforcement : Alice Bijjani G. L. Kern Joan Barry R. L. Amey ___ OTHERS PRESENT: Edward F. Wittenberg Jim Coughlin Walter Nordstrom Bill Edwards Richard A. Smith Eugenia Petersen E. T. Hughes Olga Dorn Wayne Carlson Thomas N. Kelly Pat Coughlin Ron Wagner STAFF PRESENT: Patricia Moxness Chairman Glassman called the meeting to order at Z : 40 p .m. The minutes of the meeting of August 10 , 1982 , were approved as distributed to the members . Chairman Glassman reported that Case 50- 82-H, 491 Stryker, Appellant R4rs . Floyd M. Johnson, would be rescheduled for the October 12 meeting, at the request of the appellant , unless there was any objection. Mrs . Johnson had written that she would be heavily involved with the start of the school year in her duties as a teacher, and had a special assignment on today' s meeting date. Board members approved the reques�ed postponement. CASE N0. PROPERTY APPELLANT 52- 82-H 11.06 Laurel Wm. H. Edwards SUBJECT : (14 units) Request variance on Section 35 . 03, pertaining to self-.closing devices on apartment entrance doors within stair enclosures , because order is an "unreasonable" financial hardship and tenants object. � � ������� . ' %�� `���- ST, PAUL BOARD OF APPE�ILS � REVI£:j'J � 705A City Hal]. St. Paul , r•tinnesota 55102 (612) 295-4163 � . - - September 23, 1982 T0: Walter Bowser � _ Assistant City Attorney . - - FROM: Pat Moxness RE : Draft Resolutions pertaining to Board Actions of 9/14/82 Meeting � Attached are two draft resolutions pertaining to board action taken � at the meeting of September 14, 1982 . CASE N0. PROPERTY APPELLANT� 61- 82-H 1705 E. Iowa Richard R. Smith - -- - - - - -- -- - - --- - -- -- -- -- --- ----- -- -- -- -- - - ---- -- -- - - -- -- -- -- -- --- 53- 82-H 1615 Westminster E.T. Hughes Construction , Inc. " by E.T. Hughes 59- 82-H 91/93/95 N. Lexington Patrick Coughlin - 55- 82-H 423/429 N. Fry Wayne L. Carlson - 56- 82-H 374 N. l�'�IheeZer �I'ayne L. Carlson -- - - - - - - --- - - - -- ---- -- -- -- -- -- -- -------- ---- -- -- -- -- --- - -- -- -- -- --- If you have any Questions about the resolutions , please contact me at 4163.