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275607 WMITE - CITY CLERK ��q� / PINK ' - FINANCE . 61 / CANARY - DEPARTMENT G I T Y O F S A I N T PA IT L COl1I1CII ¢LUE - `MAYOR File N O. esolution i Presented By Referred To Committee: Date Out of Committee By Date HE IT FtESOLVID, 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 pextaining to the follawing list�ed property and as shavn by the Exoerpted Minutes of said Board of Appeals and ReviESa, dated August 12, 1980, and marked E��iIBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MIlVU.PE.S CASE NO. PROPII�'I'Y APPII�,ANT 8/12/80 26-80-H 940 5t. Clair Ave. Craig Miller (three units) �QARD A�.`I'ION: Granted varianoe of St. Paul Legislative Code, Section 54.13, pertain- ing to bas�t occupancy, to pernut use of apartm�.nt mr�re th�n 50$ belaw grade, on condition that a second means of egre5s be provided in , sleeping rocan by installing a larger windaw and adjoining windaw::r�ll Property Description: AuditAr's Subidvision No. 74, Lot 8 -------------------------------------- 8/12/80 25-80-H 1125 E. Or�nge St. Dale L. Maristuen (four units) BOARD ACTION: Grant�ed varianoes of St. Paul LEgislative Code, Section 54.13 and 54.14, pertaining to basement occuparicy and. to light and ventilation, re- spectively, to nP�;t occupancy of unit more than 50� belcxa gracle, on condition that a st�p up tcxaard the windaw in the sleeping rocan be in�talled to facilitate accessibility for use as a second means of egress. Property Descriptian: Phalen I�eights Park, W. 20 Ft. of Lot 4, and all of Lots 5 and 6, Block 4 COUIVCILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favoc Maddox McMahon __ A gainst BY Showalter Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary - - ' 3 �� gy. Approved by ;Nayor: Date _ Approved by Mayor for Submission to Council By _ _ BY WNITFy - CIT"� � cwNARY - F'r 2NT G I T Y O F S A I N T PA LT L Council �� _s�uE - "� File N 0. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -2- 8/12/80 27-80-H 875 Aldine St. Bruce R. Weinard (eight units) BQARD ACTION: Grant�ed variance of St. Paul Legi�lative Code, Section 54.11, pertaining tA bathrocen facilities, to pernlit occ�zcy of six units sharing two bathrocen.s, and on,� unit where ba.th is loca.ted outside walls of unit, on condition that no more than one person occupy each unit where bathroans are shared, and on further condition, that a caretaker be designated to be responsible for maintaining shared ba.thro�n.s in a c]_ean and sanit�-Lry condition. ProPerty Description: Auditor's Subdivision No. S1, Lots 1 and 2 8/12/80 28-80-H 499-501 Grotto St. Donald L. I�erke (vacant - four units) BOARD ACI'I�.V: Granted variance of St. Paul Legislative Code, Section 54.14, pertaining to light and ventilation, to permit occu�zcy of ttl�ose units where one rocm is slightly deficient in light and ventila.tian. Praperty Description: Syndicate No. 1 Additian, S. � of Lots 1 and 2, Block 3 8/12/80 29-80-H 1621 Marshall Ave. Nliin M. Chen (eight units) �OARD ACTI�T: Granted change of effective period on variances of St. Paul Legisla.tive Code, Sections 54.11 and 54.13, pertaining to bathrocm facilities and ba.se- ment occupancy, respectively, frcm "effective until such tim� as the property be sold or any other title, right or interest be transferred, at which time said waiver be nullified.", (See C.F. 272303) , to "effective �� COUNC[LMEN Requestgd by Department of: Yeas Nays Hunt Levine IR Favoi Maddox McMahon Showalter __ Ageinst BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary B�'�� - �t p~3—�O By Approved by :Nayor: Date _ Approved by Mayor for Submis�ion to Council BY - — BY W1�1tTE - CITY CLERK PINK � - FINANCE �+ CANARY - D�PARTMENT � COUIICII �BLUE - rMAYOR G I TY OF SA I NT PAU L File NO. ' '�� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -3- Property Description: College Park, Ex. Ave., Lot 3, Block 8 and. be it FUI�I�R RESOLVED, That the City Clerk is hereby authorized and direct�ed to transmi.t a wpy of this resolution for recording tA the Ramsey County Office of the Register of Deeds. COUNCILMEIV Requestgd by Department of: Yeas Nays Hunt Levine [n Favor — Maddox McMahon snowaite� __ Against BY �edeseo �Ison Adopte y Council: D�te —JCf 9 1980 Form Approved by City Attorney rtified Pa- by Cou _ Secretar �'�'""`�J�� p�3��` Approv� avor Date SFP �- 2 1980 Approved by Mayor for Submission to Council 8Y - BY pl}�1.iSHED SEP `�►0 ��$�' r� .... . _" '_ . -. . .._. ....... ......... ....... . . . J � �./. J ' N fD cr w fD N � O. (D � J. �' � n _i ��T� � . �I� `� ' -� a o J. J. p � �A �� o �a � � �o c� � '"� �G 7 C � �C C n n D � a. Z �� N J.(p � J. � � � � �� Q ` 0 I F� r . _" '� �� N n a.I� �G � � �f.7 N• � � � � In �. a. O .�. _ � fl t+ C n � l � f7 tD O fD O (N -1 ' '-A 1n I � � ;/i Q< -�►� O f'D � � � O : , s' . � tl � fi X � --M r'+ �7 , s`,.� v� v�i �' � � � �l v� , , , �,o .�,, � r,-� �'1 � Q � � o. � �. a � � � wJ• J. �D �L � O � � �� _ �. . � ° � � � � _ � � . . �� ., � ��'� ST. P:�UL BOARD OF :IPPEALS � RE1,�IEjti 705A Cit�- Hall St. Paul, I�linnesota 55102 (612) 298- 4153 Sentember 2 , 1980 T0: Walter Bowser Assistant City Attorney FROM: Pat Moxness . RE : Draft Resolution pertaining to Board Acti�ns - tileeting of August 12 , 1980 , Attached is a draft resolution on actions taken by the boarci at its meeting of August 12 , 1980 , in the follo�ving cases : CASE N0. PROPER'TY �APPELLANT 26- 80-H 940 St . Clair Ave . Craig Miller (three units) 25- 80-H 1125 E. Orange St. Dale L. Maristuen (four units) 27- 8Q-H 875 Aldine St. Bruce R. Weinard (eight units) Z8-80-H 499- 501 Grotto St . Donald L. Herke (vacant- four units) 29- 80-H 1621 1�Iarshall Ave . Miin M. Chen (eight units) If you have any c{uestions , please call me on 4I63. __ _---_ _ __b.- . ._._. . _8�12/8U - Meeting No. 164 � =.�:" �r��'�'� - � _ _ _ _ _ __ __ _ . __ ..,.��..�.,�. CASE N0. PROPERTY APPELLANT 28- 80-H 499-501 Grotto St. Donald L. Herke (vacant - four units) SUBJECT: Request vari.ance of Section 54. 14 , pertaining to light and ventilar tion, ta permit occupancy of unit where window of one room in each unit is insufficient in area, because of practical impossibility of ir�stalling larger window. APPEAR.ANCE : Donald L. Herke Donald P. Herke (son) Alice Bijjani ..�...__ . .._.,,. .,..... _ . ,_.,.,_T N�.�. .�.,.,:-_....,,,,�,.,,,..r,._..�.�..,,,�--� _ �_ g/12/80 - Meeting No. 164 . ' � a�� PROCEEDINGS : Mr. Herke said he had purchased the prop�erty and was in process of rehabilitating it under a lending pragram sponsored by the city at below market interest rates . Everything inside the stbesides general completely renewed, wiring , plumbing, and heating plant , repairs , but there was no ehange in the floor plan. He had asked city inspectors to look at the building tOeSherdfandeJeannegShawehaddgo�nted out up to code , and inspectors Carolyn Sh p one window which appeared to be undersized in each of the four units. K� said it had never been suggested, and he had never even �onsidered it, that there be any change in the room arrangement. Alice Bijjani said a more livable �ltbe�usedrasuatbedroom underWthe t�e small window, which most likely would current floar plan, would be opened up to join another to make a lazger living room. This would eliminate the light and ventilation de�iciency. Mr. Herke said any such restructure , which estantiaileahigher�costs1s� The putting in new doorways , would result in sub Y loan covered only the work originally px�opo�d and approved under the lend- ing program. Mr. Gausman said it was his opinion that it would not be feasible to go to the expense of replacing the present windo�+rs with ones just slightly . Iarger, and he felt a variance should be granted. . BOARD ACTION : Mr. Gausman moved to grantermitroccupancysoftunits4where pertaining to light and ventilation, to p one window isTde��1CARRIEDnANDeSOtORDEREDY �ith code. Mr. Glassman seconded. MO A es - S Nayes - 0 Abstentions - � THE VOTE: Y _ ._ . . , , .. . 8/12/80 - Meeting No. 164 - . MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS $ REVIEW Tuesday, August 12 , 1980 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEMBERS PRESENT: D.D. Wozniak, Chairman Arthur Tieso Ron Glassman A. Wali Naibi Thomas Reiter Glenn Gausman ABSENT: Estyr B. Peake AGENCIES PRESENT: Community Services Dept. - Division of Housing and Building Code Enforcement Alice Bij j ani Sam Blue St. Paul Housing Information Agency Sa:ah Roberts �Joe Collins St. Paul Fire Prevention Bureau Jeanne Dornfeld Kathy Reicher OTHERS PRESENT : W.W. Westberg Francis Menne Dale L. Maristuen Jahn Halfen Craig Miller Miin Chen Don J. Saxton Donald L. Herke Michael D. Hubbard Donald P. Herke Bruce R. Weinard STAFF PRESENT: Patricia Moxness Chairman Wozniak called the meeting to order at 1 : 35 p.m. The minutes of the meeting of July 8, 1980 , were approved as mailed aut to the members . CASE N0. PROPERTY APPELLANT 22- 80-H 263 Lafond Tom Gruhlke (three units) . - 7- 8/I2/80 - Meeting No. I64 � � �"��,-�"�' __ . _ � ---- CASE N0. PROPERTY APPELLANT ` ._� 29- 80-H 1621 Marshall Ave. Miin M. Chen (8 units) SUBJECT: Request that variance to permi.t shared baths , granted zn December, . �3'T$;be changed to run for the lifetim� af the structure , rather than. for the period of appellant' s � ownership. Also, request similar effective period change for variance granted on basement ocGUnancy at that same time. Appellant contends that the limited space in the buil.din� makes it physic- ally and financially unfeasible to remodel to code requirements for any' � possible future owner, and appellant wishes to sell property. APPEARANCE: Miin M.` Chen Alice Bij j ani PROCEEDINGS : Mr. Chen told the board that his worry over the property had cause im serious health problems and he wished to sell. However, he felt it would be extremely difficult to do so at a fair price , in relation to what he had paid for it, under the terms of the variance granted in Decem- ber, 1978 , which was -��mited to the_.geriod of his vwnership. Who wouTd want to buy if he did not know how many units he could operate, and how could a fair price be arrived at without this krtowledge? _ _ . . ....._ __ ,... ._.._.._._..� . .._..__ .__..__... . _,_�._,. .._� n.....N,.._ , r _ . _ -___ _ - _ _ _ _._ T--��--�-- � f� v . , -8- 8/12/80 - Meeti g No�164 � : Alice Bijjani stated that when Mr. Chen' s appeal first came before the board, a permanent variance on the shared bathroams and basement occupancy had been granted. But when the board' s action had gone to the City Council for ratification, representatives of Merriam Park District Counci.l and another neighborhood organization had appPared before the council to voice objection. Since Mr. Chen had not known there would be any need for him. to attend, he was not there to present his side vf �he stor�. The City Council returned the case �o the board with the suggestian that the effec- tive peri,od be limited to the period of Mr. Chen`s ownership. A heara.ng was scheduled at the December, 1978, me�ting, a� which time the suggesrzo� of the council had been followed. Mr. Chen was not present at the hea.ring_ Ms . Bijjani felt it would only be fair tl�at Mr. Chen have an opportuna�.�y to state his case before the City Counci.l . . Mr. Tieso said the best way to accomplish this would be to start over by granting the variances once again on a permanent basis . When it came before the City Council for r�tification, Mr. Chen would be notified in advance so he couTd be present to speak on hi,s side o£ th� c}uestion if anyone should raise objection ta counci� approval. BOARD ACTION: Mr. Tieso moved to grant vaxiances of S�ction 54. 13, per- taining to asement occupancy, .and Section 54. 11, pertaining to bathroom facilities , to permit occupancy of two b asement apartments , and to permit shared bathrooms , provided that no more than four persons share one bathroom, effective far th� lifetime of the structure. Mr. Glassman seconded. MOTION CARRIED AND SO ORDERED. THE VOTE : Ayes - 4 Nayes - 1 (Reiter) Abstentions - a .. � � . f . � � � , 7 �.ti`j „,°�. ,�`X� # � �� . r?. i. s53 . 8/12/80 - Meeting No. I64 . , . f MINUTES OF THE MEflTING ��,'� 6 � ST. PAUL BOARD OF APPEALS � REVIEW Tuesday, August 12 , 1980 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEMBERS PRESENT: D.D. Wozniak, Chairman Arthur Tieso Ro�. Glassman A. Wal i Naib i Thomas Reiter Glenn Gausman ABSENT: Estyr B. Peake AGENCIES PRESENT: Community Services Dept. - Division of Housing and Building Code Enforcement Alice Bijjani Sam Blue St. Paul Housing Information Agency Sarah Roberts �Joe Collins St. Paul Fire Prevention Bureau Jea�e Dornfeld Kathy Reicher OTHERS PRESENT : W.W. Westberg Franeis Menne Dale L. Maristuen John Halfen Craig Miller Miin Chen Don J. Sax�on Donald L. Herke Michael D. Hubbard Donald P, Herke Bruce R. Weinard STAFF PRESENT: Patricia Moxness Chairman Wozniak called the meeting to order at 1 :35 p.m. The minutes of the meeting of July 8 , 1980 , were approved as maiTed out to the members . CASE N0. PROPERTY APPELLANT 22- 8�-H 263 Lafond Tom Gruhlke (three units) . _"T Ci I TY O F .SA I N T. PA LT L Council ' ��t',�� . F,t� N 0. � �� ' � �� ' Council Resolution � - �� U7 _ : Presented By _..: ._ Referred To Commi ttee: Date _ _ __ ._. Out of Committee By Date - _ _ ; , -4- : _ .�- _ �. , ._.. � Ps'opeXty De�cription: De� Hill �dditiou : : _ `:� - . . . ;, 3�- 10 l�t. of Lrat 3 ancl alI t�sf I�vta l: and 2, . .. . � _ . _ ... _ Bl�oc� 1 _ , . _........_... _..�,. 12j32/?8 33--�'8-8 I5Z1: �rsha2i Iti� � C�es �. : ��: �; �s �it�� - _ . , . .. � _ �iRD aC'r�r: �r�sntea �rainers or t. Pau1. I�gialativs� vodas - {ij sset:� s�S,l.3,' p�rtait�3.�g to occup�rncy� c�t aareiling �tait aore tl�aa �G bel.o�r grsd�, tv permit �sa �f basemest nn3.t, {Z��- Sscti�oa� 54.I1. p�cta�i�g to t#�e req�ir�+�tt th�t eac� c'�l�f�g_ n�it ba eqnipg+�d xith _ 7t-. �ttAl Q3�#t� .�.�f.YS�O�]7r �IIG1. �t b8'th�tlb SAt� ih0l�Qt� '� pas�eait eight effieie�a� a}�art��nts ta share tao bg:th- raoe�s, an8 �3} tbe requiremeat of a �t in oue �.ava- tor�� said �siv�rs to b8 �gtectivs uutil suc� t� as th+� property ba so2.a or an� other title, r�ht ar infi.+eres� be tr�n�ferred, at srhich t3ao�s eai� ��rai.ver bo n�a7.Iif3.e�3. Prop�rtp Dese=i�f�z CDIIege_Par� . , - ` . . ,B��egt. 2lw�:. Lc:t 3. BIoc1C 8 ' ° �.�._.� ._.,,_,.._ _ and h� it :. � � �� BDST� BE��,��T�a� �th� C#�r�� C2ez� ��3a� bezabg a�tt�c#��d aaa - : � � �c rec�rtdfa�g to t3ie - . -- ' COUNCILMEN = _ - 3leas Nays Requested. by Depertment af: - � _ _ . ___� _ ._ __ ..:� . W_:..:�_...._ �B�1" . , _ Hozza [n Favor �--�airt- , .� --m:�*K �_ Against $Y - -. _ _ Maddox : Showalter Tedesco _ �Ax 2, ��']'g Form Approved hy City Attorney Adopted by Council: Date , Certified Passed by Council Secrefary �Y � B� Approved by Ylavor: Date —�.q.N Q 1979 Approved by Mayar for Submission to GCouncil - By By � � � � v , -6- 8/12/80 - Meeting No. 164 � ` CASE N0. PROPERTY APPELLANT 27- 80-H 875 Aldine St. Bruce R. Weinard (8 units) SUBJECT: Request variance of S�ction 54. 11 , pertaining to bathroom facilities , to permit occupancy of six units shari.ng two ba�hs , and one unit where bath is located outside walls of unit , because awner wishes to sell. property. Prospective buyer asked for Certificate of Occupancy before sale is closed. APPEARANCE : Bruce R. Weinard Alice Bijjani PROCEEDINGS : Alice Bijjani stated that the property had been approved for zoning as a six-unit, two-sleeping rooms building. Mr. Weinard said there were three apartments on the second floor sh.aring one bathroom, three on the third sharing one bathroom, and one apartment with two bathrooms , plus e�nre �it which used one of two bathrooms in the basement, on the first floor. Either of the basement bathrooms was avail- able to all second and third floor occupants as well. He said he had considered various ways to minimize sharing of bathrooms , among th�m, deconversion to a three-plex, but he had found this could not be done feasibly. He said the building had been renovated seven ye�rs ago by the previous owner at a cost of $9 ,000 and was in good condition. Alice Bijjani said if the board shauld-grant a variancE on the shared bathrooms , it would be advisable that someone be designated to keeg the tiaths in sanitary condition, and the person's name should be nosted with the owner' s on the Certificate of Occupancy with a telephone number where he or she could be contacted. BOARD ACTION: Chairman Wozniak moved to grant a variance of Section 54. 1Z, to permlt s ared bathrooms , except that no apartment except Apt. #I on first floor should exceed more than one occupant. _ Said-variance: is granted on condition that a caretaker be designated to be res�onsible for main- tainzng the bathrooms in a clean and sanitary condition, and that alI remaining items listed in the Survey Letter of 7/23/80 be completed in the time period stated. Mr. Tieso seconded. MOTION CARRIED A1�IIl S0 ORDERED. THE VOTE : Ayes - 4 Nayes - 0 Abstentions - l (Reiter} ------ --., ., ---- 8/12j80 - Meeting No. 164 � �� b a�� , MINUTES OF THE MEETING ' ST. PAUL BOARD OF APPEALS F� REVIEW Tuesday, August 12 , 1980 � • City Council Committee Room 7Q7 City Hall and Court House 1 : 30 p.m. _ MEMBERS PRESENT : D.D. Wozniak, Chairman Arthur Tieso Ron Glassman A. Wali Naibi Thomas Reiter Glenn Gausman ABSENT : • Estyr B. Peake AGENCIES PRESENT : Community Sexvices Dept. - Division of Housing and Building Code Enforcement Alice Bijjani Sam Blue St. Paul Housing Information Agency Sarah Roberts �Joe Collins St. Paul Fire Prevention Bureau Jeanne Dornfeld Kathy Reicher OTHERS PRESENT : W.W. Westberg Francis Menne Dale L. Maristuen John Halfen Craig Miller Miin Chen Don J. Saxton Donald L. Herke Michael D. Hubbard Donald P. Herke Bruce R. Weinard STAFF PRESENT: Patricia Moxness Chairman Wozniak called the meeting to order at 1 :35 p.m. The minutes of the meeting of July 8 , 1980 , were approved as mailed out to the members . CASE N0. PROPERTY APPELLANT 22- 80-H 263 Lafond Tom Gruhlke (three units) � . -2- 8/I2/80 - Meeting No. 164 • � , �x � / � �� a �� CASE N0. PROPERTY APPELLANT 26- 80-H 940 St. Clair Ave. Craig Miller (three units) SUBJECT: Request variance of Section 54. 13, pertaining to basement occupancies , to permit occupancy of apartment more than 50% below grade Ievel , because of financial considerations . APPEARANCE : Craig Miller Alice Bijjani PROCEEDINGS : Alice Bijjani reported that the unit needed fire senaration rom t e�ieating plant. Her other concern was that the window in the sleeping room was 64 inches from tloor level, making it inaccessible for use as an escape window in an emergency. She suggested Iowexing the grade ou�Cside the window and installing a larger window closer to floor level to remedy - the situation. Mr. Miller stated that he would proceed with these items immediately zf the board granted a variance to allow continued occupancy of the apart- ment. He said that the rental income from the unit was necessary to make operation of the property feasible. BOARD ACTION: Mr. Glassman moved to grant a variance of Section 54. I3, to permit use of the basement apartment, on condition that a larger window and adjoining windowwell be constructed in the sleeping roam to provide an accessible second escape route. Mr. Naibi seconded. MOTION CARRIED AND SO ORDE RED. THE VOTE: Ayes - 6 Nayes - 0 Abs�ention�s - 0 • 8/12/80 - Meeting No. 1�64 �� S � b �7 - . - MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS � REVIEW Tuesday, August 12 , 198Q City Council Committee Room 7a7 . City Hall and Court House 1 : 30 p.m. - MEMBERS PRESENT: D.D. Wozniak, Chairman Arthur Tieso Ron Glassman A. Wali Naibi Thomas Reiter Glenn Gausman ABSENT: Estyr B. Peake AGENCIES PRESENT : Community Services Dept. - Division of Housing and Building Code Enforcement Alice Bijjani Sam Blue St. Paul Housing Information Agency Sarah Roberts �Joe Collins St. Paul Fire Prevention Bureau Jeanne Dornfeld Kathy Reicher OTHERS PRESENT : W.W. Westberg Francis Menne Dale L. Maristuen John Halfen Craig Miller Miin Chen Don J. Saxton Donald L. Herke Michael D. Hubbard Donald P. Herke Bruce R. Weinard - STAFF PRESENT: Patricia Moxness Chairman Wozniak called the meeting to order at 1 :35 p.m. The minutes of the meeting of July 8 , 1980 , were approued as mailed out to the members. CASE N0. PROPERTY APPELLANT 22- 80-H 263 Lafond Tom Gruhlke (three units) , -3- 8/12/8Q - Mee ng No 164 � •� APPEARANCE: Dale Maristuen W.W. Westerberg, neighbor Alice Bijjani John Halfen, neighbor Michael Hubbard, tenant PROCEEDINGS : W.W. Westerberg questioned whether the zoning status of t�e property had been correctly determined. He claimed there had never been a basement unit in oper�tion prior to about two years ago. John Halpen presented a petition signed by 21 neighbors , asking that the appeal not be granted, on the grounds that the building w as avercrvwded � and in a deteriorated condition, and that the occupants were "trouble� some. " Chairman Wozniak explained that the board had no jurisdiction in zoning matters , although willing to listen to neighborhood objections. if con- ditions of the property appeared to be deteriorated, the housing code office notified owners and ordered correction of code violations . The board considered only those orders appealed by ar�- owner. Alice Bijjani described the process by which it is determined the nwnber of units that may be legally operated according to zoning laws. If any-- one questioned the administrative decision on zonings he could appeal to the Zoning Board of Appeals . In this case, the property had been certified as a four-unit building. She said that it may have had a fourth unit on the third floor some years back. At some later date, the uni� may have been discontinued, but a basement unit may have been created, which. still was only a fourth unit. An administratiue finding had been made that the property qualified as a legal, non-conforming, four-unit complex. She said the deficiencies of the basement unit concerned the lack of an escape window in the bedroom and the lack of sufficient light and ventila- tion, which were conditions that propexly came under the jurisdiction af this board. Mr. Maristuen stated that rental income from the laasement unit was neces- sary to maintain the building, as shown by a financial statement he had submitted giving details of expenses in relation to inco�e. Alice Bijjani said the windows were three inches tao high from flaor level to quali�y as escape windows , although they were of sufficient size. She said there was a deficiency in light and ven�tilation in each of the three rooms . MichaeJ. Hubbard said he felt the basement unit , where he lived, was very comfortable. Mr. Maristuen stated that he was aware when he baught the building 2� years previously that it was in need of extensive work, and he had done a great deal. He said he intended to continue the process, but could not do so without the income from a11 the units. Ms . Bijjani suggested, if the board should grant a variance, that a s�ep be required below the bedroom windows to facil.itate access . Chairman 4Vozniak said that he felt the board should not get �nvolved in zoning fi.ghts or neighborhood fueds , that it must accept whatever deci- sions were made up to the time an appeal was filed, proceeding from that point to consider only those matters that were within the board' s power to make a decision. �- -4- 8/12/80 - Meet�� o.�I64 � , BOARD ACTION: Nir. Glassman moved that variances of Sections 54. 13 and . , pertaining to basement occupancy and to light and ventilation, respectively, be granted, on condition tfi at a step up toward the bedroo�► wi.ndow be installed to make the window accessible as an escape route in case of emergency. Mr. Tieso seconded. MOTION CARRIED AND SQ C}RDERED. THE VOTE : Ayes - 5 Nayes - 0 Abstentions - 1 (Naibi� ' 8/12/80 - Meeting No. I64 , � � 7� b o� � . MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS � REVIEW Tuesday, August 12 , 1980 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEMBERS PRESENT: D.D. Wozniak, Chairman Arthur Tieso Ron. Glassman A. Wali Naibi Thomas Reiter Glenn Gausman ABSENT: Estyr B. Peake AGENCIES PRESENT : Community Services Dept. - Division of Housing and � Building Code Enforcement Alice Bij j ani Sam Blue St. Paul Housing Information Agency Sa�ah Roberts �Joe Collins St. Paul Fire Prevention Bureau Jeanne Dornfeld Kathy R�icher OTHERS PRESENT : W.W. Westbex°g Francis Menne Dale L. Maristuen John Halfen Craig Miller Miin Chen Don J. Saxton Donald L. Herke Michael D. Hubbard Donald P. Herke Bruce R. Weinard STAFF PRESENT: Patricia Moxness Chairman Wozni.ak called the meeting to order at 1 : 35 p.m. The minutes of the meeting of July 8 , 1980 , were approved as mailed out to the members . CASE N0. PROPERTY APPELLANT 22- 80-H 263 Lafand Tom Gruhlke (three units)