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274369 N'NITE - CITV CLERK PINK - FINANCE CITY OF SAINT PAUL Council -^) CANARY - DE�ARTMENT File �O• ��4G-�� BLUE " - MAVOR ' 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 Minutes of said Board of Appeals and Review, dated January 8, 1980, and mar1� d EXHIBIT A, and attached hereto and made a part hereof by reference : DATE OF BOARD MINUTES CASE NO. PROPERTY APPEi�LANT 1/8/80 41-79-H 252 Erie Yash P. Bhatia (five units) BOARD ACTION: Granted waiver of St. Paul Legislative Code, Section 54.15, to permit shared bathroom between Apartments ##1 and ##2, on condition that Apartment �#1 be rented as a one-bedroom unit and be so listed on the Certificate of Occupancy; said waiver to be effective �or the lifatime of the structure. Property Description: Stinson's Subdivision of Block Three of Stinson, Brown and Ramsey's Addition Ex. N. 20 Ft. of Lot 14 and all of Lot 15, Block 3 1/8/80 02-80-H 489 Holly Tom DeLisle (six units) for Paul Dreelan BOARD ACTION: Rescinded prior action taken by Board of Appeals and COUNC[LMEN Yeas Nays Requested by Department of: Butler In Favor Hozza Hunt Levine _ __ Against BY — Maddox Showalter Tedesco Focm Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary !�l���� By Approved by iNavor: Date _ Approved by Mayor for Submission to Counc�l By _ — gY WN17E - CITV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council ������� � CANARV - DEFARTMENT File NO. BLUE � - MAVOR Q Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Review at their meeting of June ll, 1969, subse- quently adopted and approved by St. Paul City Council resolution, Council File No. 249417, on June 23, 1970, and said resolution thereafter recorded by the Ramsey County Register of Deeds. Granted waiver of St. Paul Legislative Code require- ment, Section 54.15 (3) , that no wood frame dwelling be occupied above the second floor for living or sleeping purposes, to permit occupancy of two third floor apartments for the lifetime of the structure. Property Description: Woodland Park Addition West 1/2 of Lot 6, all of Lot 15, Block 14 --------------------------- 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. -2- COUNCILMEN Yeas M�MAHON Nays Requested by Department of: �� � [n Favor � Hunt Levine � __ Against BY Maddox Showalter TedesC � ��p(� Focm Approved by City Attorney Adopted by Council Date ���1 tl_.�„_1�OU Cer ied Y• • d by C cil Secretary �`� . � FEB 4 1�- Approved by Mayor for Submission to Council I.�pp e by :Vlavor: D — BY - Z -- By ���LISH�D ��� 9 1��0 ,., _ . �XKi�� i �- �+ � s • 1/8/8Q - Meeting No . 157 " /^�':u.^a N .JC��y��'Y B f , f a 71 l rA 4.�j �g l�h i `'�-d r� ,. <r MINUTES OF THE P�'EETING ST. PAUL BOARD OF APPEALS � REVIEW Tuesday, January 8, 1980 City Council Committee Room 707 City Hali and Court House 1 : 30 p.m. MF:MBERS PRESENT: D.D. Wozniak, Chairman Arthur Tieso, Vice Chairman Ron Glassman A. Wali Naibi Thomas Reiter Estyr B. Peake AGEiVCIES PRESENT: Community Services Dept. - Division a£ Hausing and Building Code Enforcement Aiice Bij j ani Tom Strohkirch OTHERS PRESENT: Mike Yovicson, Sr. Mrs . James Dreelan - - Michael Maxim - -- Yash P. Bhatia Pat Coughlin Jess Madland ' Stan Hyland STAFF PRESENT: Patricia Moxness The meeting was called to order by Acting Chairman Arthur Tieso at I :�30 p.m. (Chairman D. D. Wozniak had not yet arrived. ) Minutes of the meeting of 12/11/79 were approved as distributed to the members . CASE N0. PROPE RTY APPELLANT 41- 7�-H 252 Erie Yash P. Bhatia (five units) SUBJECT : Rec{uest waiver of code items pertaining to shared bathroom and access reQuirements in Apts . #1 and #2 , and request extension of time to complete remaining listed items in letter of 10/3/79 irivolving electrical work and those repairs not already completed. Frior Hearing 12/11/79 : Appellant reQuested postponement to January meeting beuause estimates from contractor had not yet been received. Prior Hearing 11/13/79 : Case continued to December meeting to allow time tQ obtain estimates and to explore eligibility for rehab programs . � . -2- .:: 1/S/80 - Mee�� .�Ys�,.�157 �,� �� ._ . _ a � APPEAR.ANCE : Yash P. Bhatia PROCEEDINGS : Mr. Bhatia reported that the work involving the water heater and the heating plant area had been completed, the laundry facilities were going to be removed, and he had arranged with a general contractor to do most of the remaining work ,but would need a time extension because of financial considerations . He was not eligible for any government len ding programs and his property did not generate any positive cash flow. He alse would need a waiver on the shared bathroom for Apts . 1 and 2 . Alice Bijjani said he would also need a waiver of access requirements for the front first floor apartment because i� was tented as a two-bedroom unit, but was in violation of code because the occupant of. one bedroom had to go through the other to reach the b athroom. There would be no code problem if the apartment would be rented as a one-bedroom. She expiained that there would be no satisfac�ory way to rearrange the two first floor units , nor would it be a practical matter to install an additional bathroom, because the floor plan did not lend itself to modification. : BOARD ACTION: Mr. Glassman moved to grant a waiver of Code Section 54. 14 to permlt s aring of one bathroom between Apts . #1 and #2 , provided that Apt. #1 be rented out as a one-bedroom apartment and be so listed on the Certificate of Occupancy; said waiver to be effective for the lifetime ,of the structure and to be recorded by the Register of Deeds . .Mr. Naibi asked to amend the motion to limit the waiver to the period of presen-� ownership. - --- Mr. Glassman said such a limitation would only create hardship for _an owner if h� should ever wish to se11 his property, and he preferred to have his motion voted on without such an amendment. If the present owner was willing Yo spend several thousand dollars to repair and modernize , he feit it wauld be unjust to penalize him so that when he might want to se�l he could not make a reasonable prafit e Mx. Tieso seconded Mr. Glassman° s motion. THE VOTE: Ayes - 4 Nayes - 2 (Naibi , Reiter) Abstentions - U �l�ir. Wozniak and Mrs . Peake had arrived shor�ly after the meeting was called to order. ) Mr. Bhatia asked for an extension of one year to complete the work not al- ready done because of the probable difficulty in obtaining a loan under .the current money-lending situation. Ms . Bijjani said, if a reinspection verified the wark alxeady done as claimed �y the owner, her department could give a year' s extension for the remaining work, except that smoke detectors should be installed within 30 aays . Mr. Naibi and Mr. Tieso suggested that a year was too long ta allow for completion of electrical work. BOARD ACTION: Mr. Wozniak moved that an extension of six months be granted or completion of required electrical work , and one year for remaining itEms listed in letter of 10/3/79 , on condition that smoke detectors be ins�alled within 30 days . Mr. Glassman seconded. MOTION CARRIED F� SO ORDERED. THE VOTE: Ayes - 6 Nayes - 0 Abstentions - 0 . �, -4- '1/8/80 - Meeting No. 1.57 ; � � �� �- -��� _ - � � r.� � „�Q�'�_ �. •.,` C�SE N0. PROPERTY APPELLANT Q2-80-H 489 Holly Tom DeLisle {six ur,its) for Paul Dre�lan , SllBJECT: Request that waiver of St. Paul Legislative Code , Section 54. 15(3) , pertai ng to occupancy of units above second floor in frame multiple diaellings , granted by Board of Appeal.s in May, 1969 , and approved by City Council in June , 1970 , "u�til such time as the property be sold or any other right , title , or interest be transferred, at which time said waiv�r be nullified," be changed to a permanent waiver to be effective for the lifetime of the structure. Owner wishes to sell property and would suffer financial hardship if selling price must be based on a four-unit dwelling ' rather than six. APPEARANCE : Mrs . Paul Dreelan FROCEEDINGS : Alice Bijjani explained that at the time the boaxd gran�ed a va'riance in 1969 , this type of occupancy was a code violation. Although it still stood on the record as a housing code violation , the building code had been changed since 1969 to permit this ty�e of occupancy in new con- struction. As a matter of policy , the housing code office was no longer en�orcing the ordinance . Because the waiver restricting the accupancy to iche tzme period of present ownership appeared on the deed, it created a problem now when the proper�y was to be sold. She felt the best way to -5- 1/8/80 - Meeting l�0�,�157r� • f . . , � . � . . F,�� .+ j;• clarify the issue would be to grant the variance on a permanent basis . She anticipated that the ordinance in the housing code would be changed in _ the future to conform with the building code, BOARD ACTION: Mr. Glassman moved that the variance granted in 1969 , limit= ing occupancy of two third floor units� only to the period of ownership of record at that time ; be rescinded, and that a permanent variance to permit such occupancy be granted for the lifetime of the structure ; said variance to be recorded by the Ramsey County Register of Deeds . Chairman Wozniak seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 6 Nayes - 0 Abstentions - 0 Alice Bijjani noted that her office had already issued a Certificate af Occupancy for the building, unaware of the previous variance granted. The question of the time limit on the variance had arisen when the property was about to be sold and the prospective buyer learned:. of the restxiction. . . � . 1/8/8Q - Meeting No . 157 " , MINUTES OF THE P�ETING STo PAUL BOARD OF APPEALS $ REVIEW Tuesday, January 8 , 1980 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEMBERS PRESENT: D.D. Wozniak, Chairman Arthur Tieso, Vice Chairman Ron Glassman A. Wali �iaibi Thomas Reiter Estyr B. Peake AGENCIES PRESENT": Community Services Dept . - Division of Housing and Building Code Enforcemen� Alice Bij j ani Tom Strohkirch OTHERS PRESENT: Mike Yovicson, Sr. � Mrs . James Dreelan - Michael Maxim . - Yash P. Bhatia Pat Coughlin Jess Madland Stan Hyland STAFE PRESENT: Patricia Moxness � The meeting was called to order by Acting Chairman Arthur Tiesa at 1 . 30 p .me (Chairman D. D. Wozniak had nat yet arrived. ) Minutes of the meeting of 12/11/79 were apnroved as distributed to the members . CASE N0. PROPERTY APPELLANT 41- 79-H 252, Erie Yash P. Bhatia (fi�ve units) SUBJF.CT : Reauest waiver of code items pertaining to shared bathroom and access requirements in Apts . #1 and #2 , and request extension of time to complete remaining listed items in letter of 10/3/79 involvin� elec�trical worlc and those repairs not already com�leted. Prior Heariiig 12/11/79 : Appellant requested postponement to Janaary meeting be�ause estimates from contractor had not yet been received. Prior Hearing 11/13/79 : Cas� continued to December meeting to allow time to obtain estimates and to explore eligibility for rehab pragrazns .