274630 WHITE - CITV CLERK AC
PINK � - FINANCE COUnCII �(.�tp�o
CANARV� DEPARTMENT G I TY OF SA I NT PALTL
S3LUE - MAVOR File NO. iv
.
'l Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
BE IT RESOLVED, That the Council, of the City of Saint Paul hereby
certifies and approves the action of the City of Saint Paul Board of
Appeals and Review pertaining to the following listed property and as
shown by the Excerpted M inutes of said Board of Appeals and Review,
dated March 11, 1980, and marked EXFiIBIT A, and attached hereto and made
a part hereof by reference :
UATE OF BOARD
MINUTES CASE NO. PROPERTY APPELLA�1'T
3/11/80 47-79-H 250 Marshall Ave. Patrick Coughlin
(10 units)
BOARD ACTION: Granted waiver of St. Paul Legislative Code, Section 54.14,
pertaining to basement occupancies, to permit occupancy
of Apartments �#9 and ##10, on condition that remaining
violations listed in letter of 5/15/79 be corrected
within period of time specified by the Housing Code En-
forcement Division, and, in addition, that steps lead-
ing to ground level be provided in window wells adjoining
escape windows.
Property Description: Dayton and Irvine's Addition, Block 69, 71 thru
8�, 84, 85, part of Blocks 70, 83, and 87
W. 50 ft. of N. 100 ft. of Lot 14, Block 82
---------------------------
3/11/80 04-80-B 255 E. Relloqg Blvd. K.W. Kootz
COUNCILMEN Requested by Department of:
Yeas Nays
Butler [n Favor
Hozza
Hunt
Levine _ __ Against BY
Maddox
Showalter
Tedesco Form Approved by Cit Attorney
Adopted by Council: Date
Certified Passed by Council Secretary —�
B,
t#pproved by lVlavor: Date Approved by Mayor for Submission to Council
By _ — BY
MHITE - C�TV CLERK ����� �
PINK - FINANCE G I TY O F SA I NT PA U L Council
CANARV - DEPARTMENT
BLUE � MAVOR File NO.
Co�ncil Resolution -
Presented By
Referred To Committee: Date
Out of Committee By Date
2.
BOARD ACTION: Granted waiver of Article 13, St. Paul Legislative Code,
pertaining to stairwell requirements in commercial
buildings, on condition that no more than two persons
occupy space on any floor above the first floor, and
that special attention be given to existing fire escape
system at city's annual inspection; said waiver to be
effective only until such time as there be a change in
status of the present use of the building.
Property Description: Hopkins Addition
Ex. Alley Lots 9 and 10, Block 2
---------------------------
3/11/80 06=80-B 486 View St. Church of St. Jam�s
(St. James School) by Rev. Wtn. A. Hennen
BOARD ACTION: Granted waiver of Section 13.08, St. Paul Legislative
Code, "Safety to Life in Heretofore Erected Educational
Occupancies, " specifically, (1) requirement of installa-
tion of one-hour fire-resistive �nclosure at first floor
level to separate two exits from second floor in West
section, and (2) requirement of installation of one-
hour fire separation at first floor level in North
stairway of East section.
Property Description: Clarke's Addition, Vac. Al1ey adjoining, and
Lots 8 thru 15, also Lots 16 thru 19 and W. 20 ft.
of Lot 20, Block 1
COUIVCILMEN Requested by Department of:
Yeas Nays
Butler [n Favor
Hozza
Hunt
Levine _ __ Against BY
Maddox
Showalter
Tedesco Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary B� �_,g�a
By
Elpproved by :Vlavor: Date _ Approved by Mayor for Submission to Council
BY - — BY
WMITE - CITV CLERK . �.j yV.lo
PINK - FINANCE GITY OF SAINT PALTL Council ` y "
CANARV - DEPARTMENT File NO.
B1UE �MAVOR
Co�ncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
, 3.
-t-------------------------
and be it
FURTHER RESOLVED, That the City Clerk is hereby authorized and
directed to transmit a copy of this resolution for recording to the Ramsey
County Office of the Register of Deeds.
COUNCILMEN
Yeas �►GMAHUN Nays Requested by Department of:
p"'� � [n Favor
Hozza
Hunt
Levine �__ Against BY —
Sho��w 1 er
�'� MAR 2 5 1980 Form Approved by City Attorney
Adop y Cou cil: Date
3��j'SO
ertified P• �ed Council�Se etary .
gy, �
App o by Mavor: D � _ . Approved by Mayor for Submission to �ouneil
By BY
�-�sHf� APR 5 t980
- -4- 3/11/80 - Meeting No. IS9
,
�����
CASE N0. PROPERTY APPELLAIVT
06- �0-B 48b View S�. Church af S-� . James
(St. James Grade School) by Rev. Wm. Ae Henner�, Pastar
SL'BJECT: Request waiver of Sectian 13. Q8, St. Paul Legislative Code,
r�a�et—y to I,ives in H�xetofore Erected Educational Occupancies," because
of safety inherent in �� resent buildi.ng const.ruction , and because compli-
ance would cause serio�s financial hardship.
APPEARANCE . Father Wm. Hennen, Gary Schmidt , school board chair�ian
Je rry Ke rn
PROCEEDINGS : Mr. Schmidt explained that the parish had �e�rc asked to
project its costs of aperation of th� school and churc�i fo: the next
five years by archdiocesan .authorities . Although the Board of Appeals
had granted a two-year time extensian for complianc� with certain fire
r.od� provisions in September, 1978,. it was felt n.ecessary to find out now
if, aftex the extension expired, the church would then be xe•quirec� �o
incur the expense in the future , so that this figure could be included
in their five�year cost projecti.on.
Father Hennen said the specific app�al was for a waiver of r.he requirs-
ment in the West Section area to ins�all a one hour fire resistive
enclosure at first floor level to separate two exits from the s�concl
fl.00rr and for the requirement in the East Section, North stairwa�, ta
install one hour fire separation at first floor level� Fa;ther Hennen
said he had discussed the matter several times with Building Inspector
Richard Amey. Such installations would actually interfere with the
smooth workability of the school because of the �articular �,esign af
the school itself.
P�r. Tieso recalled that the school had been allowed to operate w� th a
modifi.ed type of fire alarm system. The entire building was not so
covered because some areas were not in u�e , but �he occt�.pied areas were
protected by the system. He had worked on the building and so was
familiar c�rith the layout. He agreed that znstalling fire doors j,�ould
present a problem of confusion i�. case of an emergency, causing a
hazard rather than an improvement in safety.
4�
-5- 3/11/80 - Meeting No. 1.59
, -
Jerry Kern said that Mr. Amey had discussed the fire enclosure situati.on
at St . James School with him and felt installatio� of firedoors would
be extremely difficult in this building. The entire building was concrete
construction and the housekeeping was above av��a.ge; there was easy access
to the outside , and it was essentially a -�wQ-story structure . These were
the reasons Mr. Amey felt he would have no abjections ta granting a
waiver of the enclosure requirements of the cade .
Father Hennerx said there were frec{uent fire drilTs for the stud.�nts .
He also explained that heating was provided by a plant locatec� in ano�her
building, an d school lunch facilities liad �een moved to the church.
Mr. Tiesa said it was his opinion that �he present fire alarm system was
adec{uate. There was the unused bowl2ng alley area and some desk sta�rage
�in the basement where additional. smoke detectars might be advisabl.e for
optimum sa£ety, but since the time extension rnns until June 30 , 198I_ ,
such an expansion of coverage could wait �ntil then. The church mi.ght
by that time decide to cease operati�n of th� schoal i� costs mac3e it
no longe� feasible .
I+�r. Schmi.dt stated that it would be easier far them to plan ahead: if �hey
knew now what their future costs would he . He asked that a wa.iver be
granted on the fire enclosures .
Mr. Kern spoke of a similar situation encountered at St. Pascal' s
Sciiool� In that case , the church follawed al�. the code requirements
of rhe city in updating �ire protectio�z. The results were most unsatis-
Factory and he d�ubted any reaT .improvement had been accomplished. The
- addition of fire doors and fire separation caus�d canfusion and did not
ap�ear to contribute to an improveme�it in safety. Movement throug�i thQ
building was impeded by the necessity of apening and Glosing of doors
�f� walkin.g to different areas .
Mr. Naibi asked if there was a chance the school authorities might
be exposing themselves to a liability action if there should be an
accident as a result of a fire .
Mr. Schmidt replied thafi they hac�_ compl.ied with a21 other fire prot�cti.on
requirements and felt. they had done evea�ything �ecessary to protect the
lives of the children. They did not feel there was any prol�lem in the
lack of firedoors , and the building inspec�or had agreed that installing
them would probably be more of a hazard than an enhancement to safety.
BOARD ACTION: Chairman Wozniak moved that waivers be gxanted on the
requzrement that a one hour fire resistive enelasure at first £Ioar leve�.
to separate two exits from the second floor be installed in, the--West
Sectior�, and on the requirement that one hour fire separatian at firs�
floor Ievel in the North stairway of the East Section be in.stalled.
Mr. Tieso seconded. MOTION CARRIED AND SD CIRDERED.
THE VOTE : Ayes - S Nayes - 0 Abstentions - I �Naibi�
Th�� meetinb adjourned at 2 : 35 n .m.
��
3/11/80 - P�Ieeta_ng No. 159 . �
MINUTES OF THE l�1EETI�tG
STD PAUL BOARD OF AI'PEALS � RFVIEW
Tuesday, March 11 , I.98Q -
City Council Committee IZc�om 707 �
City Hal1 and Cc�urt H�use
1 � 30 p �m,.
MEMBERS PRESENT: D.D. Wozniak , Chaa.rznan
Arthur Tieso
Ron Glassman
A. Wali Naibi
Th�mas Reiter
Glen. Gausman
ABSENT: Es.t�r B. Peake
A�ENCIES PRES�NT: Community Services Dept. - I�iuision of Housing and
Building Code Enforcement
Alice Bi j j ani
Je rry Ke rn
- Flanning and Economic Development �epartment -
�'lanning Divisio�i (Citya
Jan Felletier
OTHERS PRESENT : Pat Coughlin �
S�eve Hyland
K.Wo Kootz
�ary J. Sc�midt - -
�atner William A. Henn,en
?lirginia A. Ranum
�TAFF PIiESENT: Patricia Moxness
Chairman Wozniak called the meeting �o ordex at 1:.35 p .n��
��I�.r_utes of the meeting of February 7.2 , 1.98Q, �,rere approved as distrib-
ut�d to the members .
Chairman Woznia.k noted �hat Glen Gausman ;, recently appointesl by the
C:ity Council to serve on the board, was atter�ding his first me�t_ing.
On behalf of the board, the chairman welcc�med Mr., Gausman whc-� t�as
replacing James Voigt as a representative of �:he enginee�ii�� ��rof�ssion.
The chairman also congratulated Mr. Glassman on his reappointment to
�he board.
`�
- 7- �flllRn - Maatin� �n _ 1S4
_ - � , ��XK � srT �
2'������
CASE N0. PRUPERTY APPELLANT
47- 79-H 250 Marshall� Ave . Patrick Coughlin
��0 units,
SUBJECT: Reauest waiver of St . Paul Le�islative Code , Section 54. 14,
per—ta ning to occupancy of dwelling uni.�s niore than 50s below grade .
Owner has prospective buyer, and elimi�.ation of units would resul� in
undue economic hardship.
Prior Hea.ring 2/12/80 � Ccntinued to March nleeting because of s.Ilness .
Prior Hearing 1/8/80 : Continued -�a �e�ruary meeting. kdditional
informatian needed.
APPEARANCE : Pat Coughlin, Alice Bi j j ani , Steve Hyland (real.tor�
PROCEEDINGS : Mr. Coughlin stated tha� Ins�ectvr Arnie Beyer h ad coms
out since t e January meeting to measure tlae basement windo�,rs and had
found them to exceed the minimum requirements far tzse as escape windows
in both h asement units .
Mr. Naibi reported that he had visitec� the bu�.Iding and the windo� area
appeared ta be c{uite ade�uate for use as emergency exits , excep� that
the windowwell outside in each case waJ quite deep. He suggested that
a Few steps be provided there to make it easier to reach ground Ievel.
If the property was to be sold, he said i� should be made clear to the
prospective buyer that he must do the work required.
..►
i
- 3- 3/11/80 - Meeting No. �:59
Realtor Steve Hyland, agent handling �he sale , told the board that the
buyer had been furhished with a copy of the lisfi of violations the sell.er
had received £rom the city, and was aware of what had ta be done.
BOARD ACTION: Mr. Naibi moved to grant a waiver of Section 54. 14, per-
taining to asement occupancies , on c:ondition that remaining violatio�s
listed in the letter of 5/15/79 addressed to Mr. Coughlin be corrected
�lithin the time specified by the Housing Code Enforcem�nt Divisivnr and.
that steps leading to ground 7.evel be provided in the windowcvells adjoiii-
ing th.e escape windows . Mr. Glassman secondede MOTION CARRTED AND S0
ORDERED.
THE VOTE: Ayes - 6 Nayes - 0 Abstentians - 0
��r
3/11f 80 -� P�eeting No. 159 �
MINUTES OF THE NIEETING
ST. PAUL BOARD OF APPEALS F� REVTEW
Tuesday, March 11 , 1980 -
City Council Committee Room 707 �
City Hall and Court House
1 : 30 p �m.
MEMBERS PRESENT: D. 11. Wozniak, Chairman ,
Arthur Tieso
Ron Glassman
A. Wali Naibi
Thomas Reiter
Glen Gausman
ABSENT: Estyr B. Peake
AGENCIES PRESENT: Community Services Dept . - Division of Housing and
Building Code Enforcement
Alice Bia j ani
Jerry Kern
Planning and Economic Development Denartment -
Planning Division (City)
Jan Pelletier
OTHERS PRESENT: Pat Coughlin
Steve Hy�land
K.W. Kootz
Gary J. Schmidt
Father Wil.liam A. Henr�en
Virginia A. Ranum
STAFF PRESENT: Patricia Moxness
Chairman Wozniak called the meeting to order at 1 . 35 p.m.
hiinutes of the meeting of February 12 , 1980,wexe approved as distrib-
uted �o the members .
Chairman Wozniak noted that Glen Gausman, recently appointed by the
City Council to serve on the board, was attending his first meeting.
On behalf of the board, the chairman welcomed A4r. Gausman who was
replacing James Voigt as a representative of the engineering profession.
The chairman also congratulated Mr. Glassman on his reappointment to
the board.
r„* . . - 3- 3/1I/80 - Meeting No. I59
� . ������
CASE N0. PR�PERTY APPELLR�'�T
�J4- 80-B 255 E. Kellogg Blvd. K�W. Ka�tz
(commercial building) . for k.W.,K. Trust
SUBJECT: Request waiver of Article :1.3, St. Paul. Building Code , requiring
twa closed exitways for all floors more than 6 ,OOQ` sq, f.t . , because "it
is impossible for practical. purposes ta build a second stairway."
tr. ior Hearing 2/12/80 : Continued to March meeting. Additional infprma.�
tion needed.
APPEARANCE : K.W. Kootz, Jerry Kern
pR�CEEDINGS : Mr. Kootz s�.id he had al�tained an es�imate from Lovering
Associates on. the cost of building a stairway thafi would meet the city
buildir_g codE. It amounted to $70 ,674. The lim�ted market value of
ths building was $139,000 . He f�lt that the eost af adding a stairway
could not be justified in relation to the over-all. value af the building.
Chairrna.n. �Vozniak pointed out that the assPssed limited market value had
little meaning in relati.on to the actual worth af a propexty. . The
price a building would sell for was more realistic.
Mr. Gausman asked for details of the existing sta.iriaay. Mr: Koatz repli.ed
�chat it was a s�rinklered shaft with self-closing fixe dooxs. If there
should be a fire emergency, idr. Kootz sa�d there wer� two fire escapes
available,
JerrV Kern said, in his opinion, the building had a very Iimit�d use at
p resent , with few employees , but the city' s cancern was the possibility
that sometime in the future there m�.ght be a cha.n:ge in use which would
put safety factors in a different light. He recommended that ,if a wai_v�i~
should be granted by the board, it should be Iimited tc� the period of
present use on ly, and that there be na moxe than two empkoyees on any
floor above the first . Any change in use would automati.cally require
that the building be brought up to buil.ding cade stan dards . �
Mr. Kootz said no change was contemplatede Their insurance caxrier made
inspections tcvice a year, and his firm followed a�:I safety recommendati.ons
made by the carrier.
.+�
-4- 3/11/80 - Meeting No. Z5�
. , ,
• Mr. Kern stated that the city made yearly inspections which served as
control of the use of the building. A1so, if any building permit should
be taken out , this would be another occasion for review of any possible
change in status of use.
BOARD ACTION: Chairman Wozniak moved that the waiver o£ Article 13 ,
pertaining to the rec{uirement of a second stairwe].1 in commercial builct-
ings which exceed specified sauare footage dimensions , be granted, on
condition that no more than two persons oceupy sgace on any floor above
the first floor, that special attenta�on be given to the adequacy and
safety of the existing fire escane system when the cit}� conducts its
annual i.nspec.tion, and that said� waivex be effecti.ve only untiT sue�.
time as there be a change in status of the building`s presen t use .
Mr. Naibi seconded. MOTION GARRIED AND SO ORDEREB.
THE VOTE: �lyes ° 6 Nay�:s - 0 Abstentions - 0
.w
3/11%80 ' P�teeting No. I59 '
MINUTES OF THE I�7EETING
ST. PAUL BOARD OF APPEALS � REVIEtiV
Tuesday , March 11 , 198f�
City Council Commi�t�ee Room. 7�7' �
City Hall and Coux�: Hc�us�
1 � 30 p .m. -
MEMBERS PRESENT: D.D, Wozniak� Chairman �
�rthur �'�.eso
Ron Glassman
.A. �Jali Naibz �
T�iomas Reiter
Glen Gausman
ABSEN'I': Estyr T?. Peake
AGENCIES PRE�ENT: Community Services Depta — D1VlSlOIi o'f Housa.ng and
Buiiding Code Enfoxcement
1�Iice Bijjani.
J°�ry K�rn
" Planni�ng and Economic Devel:opment I��p2�rtr�ent =
Planning Division (Cit_y}
Jan P�1letier
OTHERS PRESENT: Pa.t Caughlin
Stsve Hyland
KeW� Koatz
Gary. J e Sc1�mi.dt
Fathex Wi_lliam A. Hennen
Virginia A� Ranum
STAFF PRESENT< Patr-i_cia Moxness
Chairman 4dazniak call.ed the meeting to ord�� at 1 :35 � .m.
blinutes of the meeting of February 12 , 1980, were approvect as distxi.,b--
u.ted �o the members .
Chairman ti�lozniak no�ed i.hat Gleri Gausmans re�.entTy appc�iiitec� by the
City Council to serve on the board, �ras attending his f.ii•st meet�.n�.
On behal.f of the board, the chairmaii welcomed i���. Gausrrtan cyho was
replacing James Voigt as a representa.tive of the engineeri�ig ��rofessi�� �
The chairman also congrattzlated Mr. Glassman on his reE�p�c�inl.ment �o
the board.
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SPECIAL CONSIDERATIONS:
This project has been approved through the CIP process. A neighborhood infor-
mational meeting will be held prior to the Council 's public hearing.
TIME SCHEDULE:
Construction on this project is scheduled to start the first part of July, 1980,
and to be completed in October, 1980.
� COST ESTIMATE:
Construction $288,900
Engineering E (nspection ° 56,300
Traffic 2,000 ,
Ornamental Lighting 86,500
Total 33,700
ESTIMATED FINANCING:
1980 MSA $326,460
1980 PIA 20,740
1980 CIB 86 500 �
Total 33,700
RECOMMENOATION:
The Department of Public Works feels that this is a necessary and worthwhile
project and the Engineering Recommendation is for approval of the order.
Respectfully submitted,
Donald E. Nygaard
Director of Public Works
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