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276519 WHITE - CITY CLERK PtNK - FINANCE COUIICII �e'.�'�� 9/s CANARY -� DEPARTMENT G I T Y O F S A I N T PA LT L �j�� BLtSE - MAYOR File N O. cil Resolution i Presented By Referred To Committee: Date Out of Committee By Date BE IT RE.SOLVE�, That the Council of the City of Saint Paul hereby certifies and approves the action of the City of Saint Paul Board of Appeals and Review pertaining to the follawing listed praperty and as shaan by the Excerpted Minut�es of said Board of Appeals and Review, dated Februa�y 10, 1981, and marked E��iIBIT A, and attached heretA and made a part hereof by referenoe: DATE OF B�FtD NLIlVLTI�S CASE NO. PROPII�TY AP:PF'r r Aivm 2/10/81 55-80-H 1075-77 Dayt�on Florence Sever (three tmits) by John Giblin, Att'y BQARD AC"I'ION: Granted varianoe of St. Paul Legislative Code, Section 54.11, per- � taining tA occupancy, to permit o�ntinued use of two sec�nd floor �its shaxing one bathrocgn facility, �t�l su�h ti.ure as there be a change of right, title or int�xest in tY�e property or the appellant no longer resides on the pr�nises, whiclzever occurs first. Property Description: Rogers Additian �. the E. 2 Ft. of the N. 32 Ft. , Lot 22, Block 2 2/10/81 O1-81-H 579 Van Buren Robert E. Rose (t� units - vacant) BOARD ACTI�T: Grant�ed varianoe of St. Paul Legislative Code, Section 54.11, pertain- ing tr� occupancy, t�o permit occupancy of two Lmits where ba.throcan facilities lack handsinks, on a�ndition that all remaining violations, as designa.ted in city's letter of 12/4/80, be corrected. Property Description: Miclzel's Subd.. of Block 4, Lot 26, Block 1 COUNCILMEN Requestgd by Department of: Yeas Nays Hunt � Levine In Favor Maddox � McMahon B snowaiter _ Against Y Tedesccb Wilso� Form Approved by City Attorney Adopted by Council: Date — Certified Passed by Council Secretary 3 �/ By. Approved by :Vlayor: Date _ Approved by Mayor for Submission to Council By - BY � � � ;�e��:�� 2/10/81 03-81-H 760 Mt. Curve Blvd. Donald W. Opp (52 imits) �OARD ACTI�T: Granted variance of St. Pau1 Legislati� Code, Section 54.14, per- taining t�o light and ventilation, to pernlit wntinued occupancy of Apt. B2. Granted. variance of Section 54.10, pertaining t�o interior stn.�tures, to permit oontinwed use of aparisnents where bath- roam floors have w�od flooring, on oondition th.at, when replace- ment is needed, materials i�ervious to water be used. Granted variance of 5ection 54.13, perta.ining to spa.ce require- ments, to permit occ�zcy of any apartment measuring 145 square feet or more. Denied appeal on Sectio� 54.13, perta.ining tro occupancy, in the matt�er of Apts. B6 and B8, except if there be a change in use tA sleeping rocens with retroval of 000king facilities, or if each tmit be �nbined with adjoining rooms tA produ�ce apartrrents of sufficient size t�o axnply with spaoe requirem�nts. Granted variance of Section 54.11, pertaining tA basic facilities, tA permit occupancy of units lacking ocgnplete bath- roam facilities, oaz oondition that no more than one person occupy each said i.mit. Praperty Descriptian: St. Catherine Park Lot 15, Block 7 -------------------------------------- 2/10/81 06-81-H 1878 Roblyn John & Jill Barber (four tmits) BOARD ACTION: Granted variance of St. Paul Legislativ�e Code, Section 54.11, pertaining to basic facilities, tA permit occupancy of three second floor tmits sharing one ba.throcan facility, for the period the property rema.ins aHmer-occ�ied, with the restriction that no mr�re th�zn a t�ota.l of four persons may occ�y the three tmits which share use of the ba.throom facility. Property Description: Nlerriam Park Lots 5 & 6, Block 13 ---------------------------------------- -2- �� ���/ . ' �Y=• . `�����:�.� 2/10/81 07-81-H 528-530 Laurel Donovan L. McCaan, Jr. (four tmits) BOAFtD AC�'ICi�T: Grant�ed. variance of St. Pau1 Legislative Code, Sectian 13.03, pertaining tA egress, to pezmit occupancy of tw�o third floor apart�nents where emergency e.xit is through awner's apartment, as long as the property remains awner-a.�cupied and su�h means of egress is available at all times. Property Description: Woodland Park Addition Lot 6, Block 8 2/10/81 17-80-H 1528 Grand Patrick Sullivan (five tmits) BOARD ACTIC�1: Rescinded variance grant�ed Jtme 10, 1980, and approved July 8, 1980, by St. Paul City Cotmcil in CoLmcil File 275226, because of appellant's failure to meet terntis of the variance. Property Description: S�mit View Lot 2, Block 3 2/10/81 22-80-H 263 I,afond Toqn Bruhlke (three tmits) BQARD ACTION: Granted varianoe an St. Paul Legislative Coc1e, Section 54.14, pertaining tr� light and ventilation, to perrnit c�ntinued occupancy of third floor apartment where windaw area is belaw minimtan reqi.lirements, on condition that exisiting bedrocan wirx�aw be replaced with a single-sash casement windaw. Property Description: DaGVSOn;s 'I'hi.rd Addition Lot 7, Block 21 and be it -3- c-�� 3%�/ WMITE - CITY CLERK 4 +�r r PINK -. FINANCE COt1IIC1I CAQIARY - DEPARTMENT G I TY O F SA I NT PA U L �'��� � BLUE - MAYOR File N O. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date F[Ti�Tl�R RESOLUED, That the City Clerk is hereby authorized and directed. to transnit a copy of this resolution for rec�orcling to the Ramsey Cotmty Offioe of the Register of Deeds. -3- COU[VCILMEN Yeas Nays Requestgd by Department of: Hunt Levine In Favor Maddox McMahon '1 showaiter v _ Against BY Tedesco Wils MAR 17 1981 Form Approved by City Attorney Adopt y Counc� . Date C tified Ya� d by Council Secretary B � '3���/ �� � A ed by Ylayor: D t M� �9 � Approved by Mayor for Submission to Council B BY MAR 2 8 1981 � , -2- 2/10/81 - Meeting No. 170 ' L�XH � � 17- �- . ,..;*:��.;- ,:. ������ -- -- - - -- - -- - - -- - - -- -- -- -- -- -- -- -- ---- -- -- ---------------- -- -- --- - ---- --- 55- 80-H 1075- 77 Dayton Florence Sever (three units) by John Giblin, Att`y SUBJECT: Rec{uest variance of Section 54. 11 , St. Paul Legislative Code , pertaining to basic facilities , to permit occupancy of unit which shares bathroom facility of occup ant-owner, because of practical difficulty and financial considerations . APPEARANCE : Florence Sever . John Giblin , Attorney . . : _ " _ ._ -- .. . . .��._.. . . .�_�...�:.. ..� ._ ' .��.. ' �.., . . �..., . . . .."i . ... ._ .... ., �.. .. _ �. _. . . . .... . .. � _:.. : , , . . : �. . . . ' - _ ._ � � .' ..' . •..�.� ..... . -; .:... '.... ' �. . . `��. -: - "",: '.v ,. _.� � -. . : � . �. . . .�_� � ..� : . �.. ._ �,. .�. . . . . �:-...c�� . .x.:�r .�-_ � ... . .. .. .�.. . ... � . � . . . �� -. . . . . . . . . �. .. . _ � ..� , _ ..�.. _.. .,�. . . .._ .,.�" ....�.�. . . _._.. .,... .. :... . �.�;<. .- -_.. . , - 3- 2/10/81 - Meeting No. 170 �;-.,:.�,,.ti .,�, . ' PROCEEDINGS: �.(���� Mr. Giblin explained that Mrs . Sever had bought the property in 1955 , at which time the lower floor was one large unit and the second floor was used as two smaller units sharing one bathroom. She had moved into one of the small second floor apartments and needed the income from the other two. Alice Bi j j ani reported that the property was only zoned for a d.uplex. However, if the board wished to grant the appeal on a temporary basis , limiting occupancy of the two units sharing one b athroom to the period of Mrs . Sever' s ownership , the zoning matter could be postnoned until such time that Mrs . Sever no longer had an intexest in the property. It would then have to revert to use as a duplex only. BOARD ACTION: Mr. Naibi moved that a variance of Section 54. 11 be granted, to permit continued occupancy of two second floor units sharing one bathroom facility, until such time as there be a change of right, title or interest in the property or the appellant no longer resides on the pronerty , whichever period is shorter. 1�4r. Sawyer seconded. MOTION CARRIED AND SO �ORDERED. THE VOTE : Ayes - 6 Nays - 0 Abstentions - 0 - -- - -- - -- - -- -- -- -- -- -- -- -- -- - - -- -- -- -- -- - - -- -- -- -- --- - -- ------ --- -------- - .: _�..__�. . __ ,.; _ ��__;. _ . ,:, � ,._ . _ - : _ _ -�,..-�--=F' 2/10/81 - Meeting No. 170 . N�INUTES OF THE MEET�NG ST. PAUL BOARD OF APPEALS f� REVTE�V Tuesday, February 10, 1981 Room 707 City Hall, 15 j1i. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman, Chairman Glenn Gausman . A. Wali Naibi William L. Tilton . Rudolph Sawyer Harold D. Knutson . AGENCIES PRESENT: Department of Community Services - Division of Housing Code Enforcement: Alice Bijjani Frank Staffenson � OTHERS PRESENT: Florence A. Sever Don Opp Paula Schaefer John Giblin � � Don Kasel Ed Wittenberg John Barber Robert Rose Dan Commers Donovan McCain Tom Gruhlke STAFF PRESENT: Pat Moxness Chairman Glassman called the meeting to order at 1 : 40 p.m. Minutes of the meeting of January 13, 1981 , wexe apnroved as distributed to the board members . CASE N0. PROPERTY APPELLANT 46- 80-H 1166 E . 7th St. Edward F. Wittenberg (11 units) SUBJECT, _ - _ _. . ._. __ _ __ _ _ __ _ .. _ _ _ _ __ _ _ _ _ _ __ , - _ : Rec{uest variance of Section 54. 13 St Paul _Legislative _Co_de., per���.ning _ , .�._ . _- to `basement__occunancy_ , t_o permit -continued: _use of�basement: apa.rtmen..t -more - — _. -- _ . .__ = than SO o below_,grade, bec�us�, af_,:-�inan.cial. Gonsiderations ."- - ._ _:;,. __�_ .. _ . � - 3- 2/1�/R1 - MPr�tina Nn. 17l1 rf_�•+'+ ; � ���� O1- 81-H 579 Van Buren Robert E. Rose (two units - vacant) SUBJECT: � Reauest variance of Section 54. 11 , pertaining to basic facilities , to permit occupancy of two units where bathroom of each lacks handsink, because of practical difficulty (no space available) . Property has been condemned and tenants h ave moved out . APPEARANCE : Robert E. Rose PROCEEDINGS : Mr. Rose stated that he was in process of complying with a11 the work orders listed in the letter of December 4 , 1980 , from the Housing Code office, with the exception of providing handsinks in the bathrooms where there was no available space . He felt that the kitchen sinks , which were close by the bathrooms , could be used for handwashing. Mr. Staffenson said that the building was in very poor condition and had been condemned as unfit for human habitation. BOARD ACTION : Mr. Tilton moved that a- �rar-ianc�- �ie.. granted_-ta-=allo�s accupancy- o£ �wo : - units with bathrooms .lack.�ng hanc�s:inks., Qn_, eon�it�Qn..tfia�'_ aI_l., r�ma��ir�g,.� ._ ,� _ worlc ordered in the c����"� �et��� a_� �����8� ��. eo����t�r�r M�r K��t��. _ . s e c on de d: MOT I ON CARRI�}�;AI� SfF Q�U�REg. _� ' - -- � . � � � �- �-�.� THE V0�'E : Ayes - 4 �a°�!�. - �, �azbi �, _��t���a��_'�Ab�te�tia�s E� -~ � 2/10/81 - Meeting No. 170 t MTNUTES 0� THE NIEETING ST. PAUL BOARD OF APPEALS � REVIE�V Tuesday, February 10 , 1981 Room 707 City Hall , 15 lv. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman, Chairman G1enn Gausman A. Wali Naibi William L. Tilton Rudolph Sawyer Harold D. Knutson AGENCIES PRESENT: Department of Community Services - Division of Housing Code Enforcement ; Alice Bijjani Frank Staffenson OTHERS PRESENT: Florence A. Sever Don Opp Paula Schaefer John Giblin Don Kas e 1 Ed Wittenberg John Barber Robert Rose Dan Commers Donovan McCain Tom Gruhlke STAFF PRESENT: Pat Moxness Chairman Glassman called the meeting to order at 1 : 40 n.m. Minutes of the meeting of January 13, 1981, were approved as distributed to the board members . CASE N0. PROPERTY APPELLANT 46- 80-H 1166 E. 7th 5t . Edward F. Wittenberg (ll units) : - SUBJE�T: _ -- Request variance of Section 54. 13, St. PauZ Legislative Code , pertaining � to basement occupancy, to permit continued use of basement apartment more than 50o below grade , because of financial considerations . r -4- 2/10/81 - Meeting No. 170 . ��1�i�:�� - - - - - - - - - - - - - - - - - - -- - - - - -- -- ---- -- - - -- -- - - -- -- - - -- ---- -- -- -- - --- -- - - --- 03- 81-H 760 Mt. Curve Blvd. Donald W. Opp (52 units) SUBJECT: Request variances of Section 54. 11, pertaining to basic facilities , to permit occupancy of certain units where bathroom facilities are shared, Section 54. 13, pertaining to square footage , to permit occupancy of efficiency units somewhat smaller than code requirements , and Sectian 54. 14, pertaining to light and ventilation, to nermit occunancy of unit with inadec{uate windows . Also reQuest variance of Section 13.Q3, Uniform Building Code , to avoid exnense of stairway enclosures . The cost of correcting all listed deficiencies would be a financial hardship. APPEAREINCE : Donald W. Opp Paula Schaeffer PROCEEDINGS: Mr. Opp stated that his fo�r-stczr�r-building consi,sted- of 52 small effici- = ency units . Four units �iacl" comgTete T�at�xoom facil�ties jzithin tfieir own walls . 45 of the units �iad: indivz.c�ua� �+r-a�er cxoset� i;� but, no-bathing � facility or handsink. '���--th�ee- �e-�- f1ao-��-e-�E�--�a� a- �;atliing facilit�r _� -: , containing three sho�,reF� a�d one� -��b � se�v� tTi�: 1�.. units. ar� each f��ar -._ Four units` in the base��� sha��c€ o�e ��i��� f'a�:���t�°. 1��I a�artme��s =�- ' -5- 2/10/81 - Meetin� No. ,1.70 rr.':.iw�/' , ;� ���1� had cooking facilities . Several units fell somewhat short of square footage requirements , although most came close . The shared bathroom in the basement had a toilet and handsink , but tenants here used the showers located on the other three floors . Discussion of possible solutions to the many deficiencies brought out suggestions such as , remove kitchen facilities and install community kitchens in sufficient ratios to aualify for a rooming house license , or combine two small rooms into one larger unit to achieve adequate size. Alice Bijjani said that Apt . B2 was the only unit in � violation of light and ventilation rec{uirements , but it �aas very close to being in compliance . BOARD ACTION: Mr. Naibi moved to grant a variance from Section 54. Z4, pertaining to light and ventilation, to permit continued occupancy of Apt . B2 . Mr. Knutson seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 6 Nays - 0 Abstentions - 0 Mr. Opp said he had no objection to installing stairwell enclosures as ordered. BOARD ACTION: Mr. Tilton moved that the appeal for a variance on Section 13. 03 be denied. Mr. Gausman seconded. MOTION CARRIED AND S0 ORDERED. THE VOTE : Ayes - 6 Nays - 0 Abstentions - 0 A discussion brought out that the floors of the individual toilets in most of the units were of wood, having formerly been. closets , and were not impervious to water as required. rir. Opp said he was replacing these as they deteriorated with water-resistant finished plywood. BOARD ACTION: Mr. Tilton moved to grant a variance of Sec�ion 54. I0 , pertaining to bathroom floor covering, on condition that when existing wood floors in toilet rooms needed repairs they should be replaced with materials imper- vious to water. Mr. Knutson seconded. MOTTON CARRIED AND SO ORDERED. THE VOTE : Ayes - 6 Nays - 0 Abstentions - 0 There followed a discussion of a number of units which fe11 short of square footage reQuirements of 150 sa. ft . per single occupant. BOARD ACTION : . Mr. Knutson moved to grant a variance on Section 54. 13 , pertaining to space requirements , .to. p�ermit accupanc�= o� an� apartment measuring I45: sq. ft. or more by one �ersori. �'tr. �a�sman seconde.d. MOTION CARRIED Ai'VD SO ORDERED. _ : . -� THE VOTE: Ayes� - 6 _ ffa�s - Q A'6��tent�.-ons:_-r ff : — _. . � : . ,: . __ . _ _ . . . - , , . 4;��� __ - _ , _...: : ,.� ;.... :_ _. _ .,. , . -.� _ . � ;�l���� . -6- 2/10/81� - Meeting No. 170 BOARD ACTION: Mr. Knutson moved to deny the appeal on Section 54. 13, pertaining to space requirements , in the matter of Apts . B6 and B8 , except if there be a change in use to sleeping rooms with removal of cooking facilities , or if each apartment be combined with adj oining rooms to produce an apartment o£ sufficient size to be in compliance with code. Mr. Naibi seconded. MOTION CARRIED AND SO ORDERED. THE VOTE : Ayes - 6 Nays - 0 Abstentions - 0 BOARD ACTION: Chairman Glassman moved to grant a variance on Section 54. 11, pertai.ning to basic £acilities , to permit occupancy of units lacking complete bathroom facilities , on condition that no more than one person occupy each unit . Mr. Gausman seconded. MO'�ION EARRIED AND SO ORDERED. THE VOTE : Ayes - 5 Nays - 1 (Naibi) Abstentions - 0 - - - - -- - - - - - -- -- -- -- -- -- -- -- -- -- -- - - -= -- -- -- -- -- -- -- -- ---- -- -------- -- -- -- - :. _ : .�� . .: ,_ : : _ _. .___ _. ___.__ . ._..:_ ---:_. ___ . _ __ . �� 2/10/81 - Meeting No. 170 . MI�NUTES 0� THE MEET�NG ST. PAUL BOARD OF APPEALS � REVTEW Tuesday, February 10 , 1981 Room 707 City Hall , 15 j1�. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman , Chairman Glenn Gausman A. Wali Naibi William L. Tilton Rudolph Sawyer Harold D. Knutson AGENCIES PRESENT: Department of Community Services - Division of Housing Code Eriforcement ; Alice Bijjani Frank Staffenson OTHERS PRESENT: Florence A. Sever Don Opp Paula Schaefer John Giblin Don Kasel Ed Wittenberg John Barber Robert Rose Dan Commers Donovan McCain Tom Gruhlke STAFF PRESENT: Pat Moxness Chairman Glassman called the meeting to order at 1 :40 p.m. Minutes of the meeting of January 13, 1981 , were approved as distributed to the board members . CASE N0. PROPERTY APPELLANT 46- 80-H 1166 E . 7th St. Edward F. Wittenberg (11 units) S UBJE CT: Request variance of Secfion 54.131 St. Paul_-Legi$Iative Co��, pertaining - � to basement occupancy, �€� permit continued- use of basement apartment raore than 50 o below grade , �e:cz��$e of- £�naxtciaz eonsic�er��ions . � °� ,�,� - 7- 2/10/81 - Meeting No� � - �� , 4 _ _,_...�, -�i ti e++,.� ;� l���� --- ----- ---- ---- -- -- -- -- -- ---- -- -- -- -- -- -- ------ ---- - --- -- -- -- -- -- ------ -- 06- 81-H 1878 Roblyn John F Jill Barber (four units) SUBJECT : Request variance of St . Paul Legislative Code , Section 54. 11, pertaining to basic facilities , to permit occupancy of three units sharing one bath- room facility, because of financial considerations affecting both the owners and the renters . APPEARANCE : John Barher PROCEEDINGS: Chairman Glassman called attention to letters received from Merriam Park Community Council and Merriam Park Neighborhood Housing Services , hoth of which recommended that the appeal be granted with restrictions on the number of occupants . One communication suggested that the variance be effective only for the period of ownership by the appellant. Mr. Barber ex�lained that he was the o�nrriex-occu�ant of the �irst floor. The second floor consisted of two small apartments and one sleeping room, all sharing the use of one b athroom. Alice Bijjani pointed out that the property had been anproved for three units by zoning officials , but Nir. Barber could appeal to the Zoning Board of Appeals for permission to continue operating as a four-unit huilding. BOARD ACTION: Mr. Naibi moved to grant a variance on Section 54. 11, pertaining to basic facilities , to permit three second floar units sharing one bathroom as long as the property remains owner-occupied, with the rest�ict.ion that no more than a total o:f four persons occupy the three units where one bathroom facility is ; shared. Mr:_ Tilton seconded. MOTION CARRIED A.ND ' : _,S0- ORDER.ED.. .. �:-.... . y,,. _ .; ;. .:-_ ,,.__ _ -:. : ,_ . , __ . _ .__ ; _ _ - -- THE -VOTE -Ayes b _ _ _Nays _ . .Q , .:__.. ..Abstentions = _0 _ _ _ 2/10/81 - Meeting No. 170 , MTNUTES 0� THE NIEETTNG ST. PAUL BOARD OF APPEALS � REVxE�Y Tuesday, February 10 , 1981 Room 707 City Hall, 15 W. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman, Chairman Glenn Gausman A. Wali Naibi William L. Tilton Rudolph Sawyer Harold D. Knutson AGENCIES PRESENT: Department of Gommunity Services - Division of Housing Code Eriforcement: Alice Bijjani Frank Staffenson OTHERS PRESENT: Florence A. Sever Don Opp Paula Schaefer � John Giblin Don Kasel Ed Wittenberg John Barber Robert Rose Dan Comme rs Donovan McCain Tom Gruhlke STAFF PRESENT: Pat Moxness Chairman Glassman called the meeting to order at 1 :4Q p.m. Minutes of the meeting of January 13, 1981 , were approved as distributed to the board members . CASE N0. PROPERTY APPELLANT 46- 80-H 1166 E. 7th St . Edward F. Wittenberg (11 units) SUBJECT: _ Request variance of Section 54. 13, St. Paul Legislative Code, pertaining _ to basement occupancy, to permit continued use of basement apartment more - than 50o below grade , fiecause of financial considerations . ' - 8- 2/10/81 - Meeting No. 170 �r�Y `;�l��.� - - - - -- -- -- - --- -- - - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- ---- -- - --- -- ------ -- -- -- - 07- 81-H 528-530 Laurel Donovan L. McCain, Jr. (four units) SUBJECT: Request variance of code requirement of two separate stairways from third floor units leading directly outside , to permit continued occupancy of third floor where second exit passes through first floor apartment , because of practical difficulty due to the floor plan of the building. APPEARANCE : Donovan L. McCain, Jr. PROCEEDINGS : Mr. McCain explained that he had completely renovated the property. It had originally been constructed as a true double house , each a two-story unit. At the time of rehabilating it , he had added two small apartments on the third floor. Each of these had a private stairway, but the required second means of egress was a stairway through �Ehe hatf �f the house which he himself occupied. The smaller third floor units were never rented to more than one occupant . To protect against possible intruders , the door of this second exit was wired to sound an alarm if the door was opened from the third floor emergency exit into his own unit. If the owner should be required to construct an exterior emergency exit , it would be necessary to get permission of the Heritage Preservation Commission as it had been classified as a building of historical significance , and changes in external appearance on such buildings was severely restricted. A1ice Bijjani said the alternate stairway was nat enclosed as required. BOARD ACTION: Mr. Tilton moved to grant a variance on Section 13.03, Minnesota Uniform Building Code , as long as the property remains owner occupied and as long as third floor occupants always have access to the stairway leading through the lower dwelling unit as an escape route. The provision should be on the abstract in case of a change in building ownership or occupancy. Mr. Knutson seconded. MOTION CARRIED AND SO ORDERED. THE VOTE : Ayes - 6 Nays - 0 Abstentions - 0 -- - - - -- - - --- -- - -- -- -- -- --- - -- -- -- -- -- -- -- -- - - -- - - --- - ---------------- -- -- - Mr. Naibi left the meeting at this point. 2/10/81 - Meeting No. 170 � MINUTES 0� THE MEETZNG ST. PAUL BOARD OF APPEALS $ REVTEW Tuesday , February 10 , 1981 Room 707 City Hall , IS ld. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman, Chairman Glenn Gausman A. Wali Naibi William L. Tilton Rudolph Sawyer . Harold D. Knutson AGENCIES PRESENT: Department of Community Services - Division of Housing Code Eriforcement ; Alice Bij j ani Frank Staffenson OTHERS PRESENT: Florence A. Sever Don Opp - Paula Schaefer John Giblin Don Kasel Ed Wittenberg � John Barber Robert Rose Dan Commers Donovan McCain Tom Gruhlke STAFF PRESENT: Pat r�oxness Chairman Glassman called the meeting to order at 1 :40 p.m. Minutes of the meeting of January 13, 1981, were approved as distributed to the board members . CASE N0. PROPERTY APPELLANT 46- 80-H 1166 E . 7th St. Edward F. Wittenberg (ll units) SUBJECT: :. Request variance of Section 54..13, St. Pau1 Legislative Code , pertaining to basement occupancy, to permit continued use of basement apartment mare --. than SOo beZow grade , because of financial considerations . � � -9- 2/10/81 - Meeting No. 170 Alice Bijjani requested the advice of the board on a case th_at had been heard at the June , 1980 , meeting. ,.;,,�...r 17- 80-H 1528 Grand Patrick Sullivan �� ���� (five units) PROCEEDINGS : Ms . Bijjani reviewed the terms of the variance granted for a asement occupancy in June 1980 . Subsequently, the Housing Code Office had given the appellant until October 15 , 1980 , to comply. At an inspection on December 1, 1980 , it was determined that the appellant had complied with the condition that light and ventilation be corrected, but had not separated the heating plant with fire-retardant materials from the dwell- ing unit and exitsaay. In a letter dated 12/5/80 , the Housing Code Office had informed the o�aner that if compliance was not forthcoming by 12/20/80 the basement unit �aould be ordered vacated. Ms . Bij j ani asked if the board would take action to rescind the variance granted in June . She felt this type of action might make a stronger impression on the apnellant and inspire him to do the required work. BOARD ACTION: Chairman Glassman moved that the variance granted June 10 , 1980 , and approve d July 8 , 1980 , by the St . Paul City Council in Council Resolution 275226 , be rescinded because of appellant' s failure to meet the terms on which the variance w as b ased. h7r. Sawyer seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - S Nays - 0 Abstentions - 0 --- - - - - - - - - - - - - - - - -- - - -- - - - - -- - - -- - -- - - - - - - - -- - - - - -- - - - - - --- ---- -- ------ - . � �.;� i _ . ,._. .r.—,- : - . . - .._�- -- , . - - ; � . �. ., .. : . _ _ _ _ . „ . .� . ---- _ __ _. : -: �� 2/10/81 - Meeting No. 170 � MINUTES OF THE MEET�NG ST. PAUL BOARD OF APPEALS � REVTEti� Tuesday, February 10 , 1981 Room 707 City Hall , 15 j4. Kellogg Blvd. MEMBERS PRESENT: Ron Glassman, Chairman Glenn Gausman A. ti�Tali Naibi William L. Tilton Rudolph Sawyer Harold D. Knutson AGENCIES PRESENT: Department of Community Services - Division of Housing Code Eriforcement ; Alice Bij jani Frank Staffenson OTHERS PRESENT: Florence A. Sever Don Opp - Paula Schaefer John Giblin Don Kas e 1 Ed Wittenberg John Barber Robert Rose Dan Commers Donovan McCain Tom Gruhlke STAFF PRESENT: Pat Moxness Chairman Glassman called the meeting to order at 1 : 40 p.m. Minutes of the meeting of January 13, 1981 , were approved as distributed to the board members. CASE N0. PROPERTY APPELLANT 46- 80-H 1166 E. 7th St . Edward F. Wittenberg (11 units) . - SUBJECT: . _ Request variance of Section S4. 13, St. Pau1 Legislative Code , pertaining to basement occux�ancy, to permit continued use of basement apartment more � = � than 50o below grade , bec�use of financial considerations . v . -9- 2/10/81 - Meeting No. 170 �Y� . :i`I*'��,�/�u. . � I �+� 22- 80-H 263 Lafond Tom Gruhlke (th ree units) SUBJECT : Request reopening of hearing on reQuest for variance on Section 54. 14 , pertaining to light and ventilation, to permit continued occupancy of third floor unit where window area is below minimum requirements , because . of financial considerations . Prior Hearing 1/13/81 : Appeal denied because anpellant failed to appear. Prior Hearings 10/14/80 and 7/8/80 : Hearings postponed because of appellant' s illness . � APPEARANCE : Tom Gruhlke PROCEEDINGS : Mr. Gruhlke said he had installed a net� combination w�ndow in the third floor unit and hoped to avoid the expense of replacing it. Ms . Bijjani suggested that , given the difficulty of installing a larger window, an alternative would be a single-sash casement windoia which would better serve as an escape in an emergency than the existing window. She was not as much concerned about t�ie lig,ht and ventilation as she was about providing for an emergen�y escane route . BOARD ACTION : Mr. Tiltan moved to �xant a variance on 5ection 54. 14, ' pertaining to light and' t���-��.���:�e���.; �.=_EO��it�a� t.�a�. ��e �xist�.n� _ bedroom window in the ���cf f1QQ�_ a�a.a���:�;- fi�_ re�.faced:witii 'a sin.gle- - _� -. sash -casement windoiv. I� ����u� s��€���'.-- 1���€ ���� �Il- Sf� E�R.����= 2/10/81 - Meeting No. 170` • MINUTES OF THE MEETTNG ST. PAUL BOARD OF APPEALS � REVTEW Tuesday, February 10, 1981 Room 707 City Hall , 15 �Y. Kellogg Blvd. MEMBERS PRESEAIT: Ron Glassman, Chairman � Glenn Gausman A. Wa1i Naibi � William L. Tilton Rudolph Sawyer Harold D. Knutson AGENCIES PRESENT: Department of Community Services - Division of Housing Code Eriforcement ; Alice Bijjani Frank Staffenson OTHERS PRESENT: Florence A. Sever Don Opp Paula Schaefer John Giblin Don Kas e 1 Ed Wittenberg John Barber Robe rt Rose Dan Commers Donovan McCain Tom Gruhlke STAFF PRESENT: Pat Moxness Chairman Glassman called the meeting to order at 1 : 40 n.m. Minutes of the meeting of January 13, 1981 , were approved as distributed to the board members . CASE N0. PROPERTY APPELLANT 46- 80-H 1166 E. 7th St. Edward F. Wittenberg . �11 units) , SUBJECT: _ Request variance of Section 54. 13, St.. Pau� Legislative. Code , nertaining to basement occupancy, to permit continued use of basement apartment more � -- than 50% below grade , bec�use of financial considerations .