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274111 M�HITE - C�TV CLERK . ■�� PIMK - FINANCE COUIICIl � CANARV - DEPARTMENT GITY OF SA�INT PALTL ^ BLUE� - MA=OR File NO. . ncil 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 Minut�s of said Board of Appeals and Review, dated November 13, 1979, and marked E��IIBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT 11/13/79 37-79-H 390 Thomas Ave. Leo W. Fischer (five units) BOARD ACTION: Granted waivers of Sections 54.11 and 54.14, per- taining to shared bathroom and electric outlet requirements, respectively, for the period of ownership by Mr, and/or Mrs. Leo W. Fischer, on condition that a sprinkler system, fire-rated door, and water heater pressure relief valve be installed accor�ing to the recommendations of the Housing Code Enforcement Division no later than February l, 1980; that two presently occupied units remain so; and that remaining items listed in Survey Letter of 9/25/79 be com- pleted by 5eptember 25, 1980. Property Description: Smith�s Subd. of Blocks 9, 10, 15 and 16 Lot 58, Block 9 -------------------------------- COUNCILMEN 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 � ^`� �2� gl, �lpproved by lNavor: Date _ Approved by Mayor for Submission to Council BY - — BY wMi7E — cirr CLERK COI1fIClI �� PINK - - FINANCE CITY OF SAINT PAUL CANA:V - DEPARTMENT BLUE - - MAZOR File NO. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date —2— 11/13 39-79-B 413 Wacouta Custom Properties, Inc. (Commercial bldg.) by Eric Forsberg, Att'y BOARD ACTION: Granted variances on Article 13.03-3, which specifies that all stories exceeding 6,000 sq. ft. in area must have two exitways, and on Article 13.05-5, which requires enclosure of elevators in buildings over four stories in height and used for other than storage, on condition that elevator be used only for freight. Property Description: Whitney and Smith 's Addition NWly. 50 Ft. of Lots 4 and 5, and all of Lot 3, Block 7 -------------------------------- and be it FUETHER 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 Regist�r of Deeds. COUNCILMEN Yeas McMAHON Nays Requested by Department of: B''''��' `� [n Favor �� Hunt Levine _ � __ Against BY Maddox Showalter TedesCO �� 19'19 Form Approved by City Attorney Adopted b o cil: Date Cer ied Pa• ed by ouncil Secre rr �Q�'v �f �`��?f Ap d by 1+lavor: D e _ D�� ' `i ��— Approved by Mayor for Submission to Council By — BY — �t.isNEO p E C 2 � 1979 _ � a � �- I � � k V✓ � STAT� 0� MINN�S�TA ) � C,a Coun,ty o� Rambey ) �s�s. CG CITy 0� SAI NT PALIL ) �;. C�2 I . . . . . . . . Rose.Mix. . . . . . . . . . . . . . . . . . .C�'.y C�eJt.Fz , , . . . . . . . . o� fihe Ctity o� Scu.n,t Pau,e, M.i.nne�axa, do heneby ce�c.ti.�y �hcLt I have compatced xhe a�ached capy o� Counc,i,C F-i.ee No, .�7,4,1�.,1, , , a.b adop�ed by �he Ci.ty Counai.� . . . .D��b�� .��. . . . . . . . . 19 J9. . . and appnoved 6y �he Mayo�r. . . . . . . . . ,December ,13,, , , , , , ,, , �q 79, , , w.i�:h �h.e on,i.g�.nu,2 �heneo b on �.i.2e �.n my o��.ce. � ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -►- � �n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c� N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � w 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �,, '° �_ ' I �uh.the�r. cen.t,i.�y �hcc,t .�cu.d cop y .i,6 a .t�cue and colvc.ec.t copy .•�� : , '; o� acr,i.d o�c,i_g�,na,e and �he who.�e �helceo�. {,�� ;.. fi� ; F��' �• � F ' UII TN�SS my haild and �he d ea2 a� �he Ci.ty o� Scci.r�t Pau,P, .,.,�,: t ; ; =>� �-�� M.i.nn. �h,i.a . . .�7X�. . day as . . . .Aecemhez . . . . . . . . .A.D. 19. 79. . . � a r. ''� r ;. ��/'I� . . d {J � . � . . .. ... • • • • • • • . � • . • . • • • • . . . . . . •. . . . . • . • . . • • . . . . li�-� l.�C.��. / ir� 87i5 w 0. � �, tor�. q wHITE — G�TV �LEqK COUflCIl 2'74�.�1 PINK — FINANCE � I TY \1� SA �I NT �,�U L CAN�RV — DEP4R7r,nENT File NO. BLUE��y�v•Tta " � —'!:�. . � � .ncil 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 Minute�s of said Board of Appeals and Review, dated November 13, 1979, and marked EXHIBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT 11/13/79 37-79-H 390 Thomas Ave. Leo W. Fischer � (five units) � BOARD ACTION: Granted waivers of Sections 54.11 and 54. 14, per- � �� taining to shared bathroom and electric outlet �� requirements, respectively, for the period of ° ownership by Mr, and/or Mrs . Leo W. Fischer, on condition that a sprinkler system, fire-rated door, and water heater pressure relief valve be installed according to the recommendations of the Housing Code Enforcement Division no later than February l, 1980; that two presently occupied units remain so; and that remaining items listed in Survey Letter of 9/25/79 be com- pleted by September 25, 1980. Property Description: Smith`s Subd. of Blocks 9, 10, 15 and 16 Lot 58, Block 9 -------------------------------- COUNCILMEN Yeas Nays Requested by Department of: Butler In Favor Hozza Hunt Levine __ Against BY Maddox Showalter � Tedesco Form Approved by City Attorney Adopted by Council: Date — Certified Yassed by Council Secretary {�'� :.^Y v �/�F-�2/� �'i -- Approved by :Navor. Date _ Approved by Mayor for Submission to Council BS' —------- -- --- By – —E(aK �� 14J..�� COUIIC11 . ' �q MENT " , GITY OF SAINT PAITL File NO. �OR ' Council Resolution .sented By Referred To Committee: Date Out of Committee By Date -2- 11/13 39-79-B 413 Wacouta Custom Properties, Inc. (Commercial bldg .) by Eric Forsberg, Att'y BOARD ACTION: Granted variances on Article 13.03-3, which specifies that all stories exceeding 6,000 sq. ft. in area must have two exitways, and on Article � 13.05-5, which requires enclosure of elevators � in buildings over four stories in height and used � for other than �storage, on condition that elevator �� ' be used only for freight. � C� ;�2 Property Description: Whitney and Smith 's Addition NWly. 50 Ft. of Lots 4 and 5, and all of Lot 3, Block 7 --------------------------=----- and be it FUETHER 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 . COU[VC[L14EN Requested by Department of: Yeas McMAHON Nays � � In Favor Hunt Levine � _ Against BY — Maddox Showalter Tedesco �[C 1 i 19'19 Form Approved by City Attorney Adopted b � o cil: Date Cer ied Va • ed by ounci�Secre r}r �- aet'w`� �f �9�?9 Ap�v d by Mavor. D e — ��C � � Approved by Mayor for Submission to Councii . �'� By _ �-"�—— BY – — i � v� - -- � � � � � � . � .=� . w. � �� G � � � � � � � � � � � � � u z� � � , � ,,,�� ' � � � � � _ � � no � � , � -�.�, � � s G� n,Cr3 � - : � Q'j O �1 �� ,� � qd ; � � i� � , o � � - "" cn ::; � � : ..,, � � � 'R1,Yr' _l-- • , � �� r� -- X � � w, ; , ;' -2- �11/I3/79 - Meeting No. I55 � � x � � ai -r ,� � _ _ �`��.�.�,�. CASE N�. PROPERTY APPELLANT 37- 79-H 390 Thomas Ave. (five units) Leo W. Fisc?�.er SJBJECT: Request waiver of St. Paul Legislative Code, Sections 54. II , - .�and 13. 06 , pertaining to electrical requirements , shared bathrooms , and requirement of sprinkler system over heating plant, respectively, . because of financial hardship. Also, request time to complete other rep�irs listed in Survey Letter of 9/25/79. APPEARANCE : Mrsa Leo Fischer August G. Leibitzki (tenant) Arnold Beyer, Inspector Peter Bremek (tenant) PROCEEDINGS: Mrs . Fischer related that she and her husband, who was � eC�rly an�quite ill, lived in one apartment , two of the units were each occupied by an elderly gentleman in his eighties , and the other two were unoccupied, and there was no intent to rent them out again.. �he said the two elderly tenants were very compatible and there was no diffi.culty caused by sharing one bathroom. Both had lived there for sevpral years , were happy there, and the thought of finding another place to live at a cost they could afford was very upsetting to them. In addition, Mrs . Fischer said she and her husband had a very limited ir,come , with high medical expenses , and could not afford to install an additional bathroom. As for the additional electric outlets called for ir. the bathroom, she said her tenants could see no need for them. The glurc�bing venting, she felt sure , had been pu�c in at the time the fixtures wers installed by a licensed plumber some years back. Mrs . Fischer also questioned the need for a sprinkler system over the furnace area and for a fire-rated door. Mrs . Peake joined the meeting at this time. D4r. Beyer explained that the inspector who visited the Fischer proper�y �'e3t that the shared bathroom was no problem in this instance , nor was the addition of more electrical outlets . As for the sink venting� the , � •-3- � 11/13/79 - Meeting No. 155 . . inspector had reported there was no siphoning, so there was no danger to health involved. However, if the fixtures were ever replace , proper venting would be rec{uired. As for the sprinkler system, Mr. Beyer said this was a life-safety factor and should not be waived, nor should the requirement of a fire-rated door leading from the furnace area. Mr. Beyer said he would send an inspector out to explain to Mr. and Mrs . Fischer the best way to proceed at the least expense in the matter of the fire safety requirements. BOARD ACTION : Mr. Glassman moved to grant waivers of Sections 54. 11 an . , pertaining to shared bathrooms and electrical outlets , for the period of the Fischers ' ownership, on condition that a sprinkler system, fire-rated door, and water heater pressure relief valve be installed in accordance with recommendations of the Housing Code Enforce- ment Division by February 1 , 1980 ; that two units presently unoccupied remain so; and that remaining items on Survey Letter of 9/25/79 be completed by September 25, 1980. Mr. Voigt seconded. MOTION CARRIED AND SO ORDERED. � THE VOTE: Ayes - 5 Nayes - 0 Abstentions - 0 (Mr. Naibi had not yet arrived. ) - - - ---- - -- -- -- -- ---- -- ---- -- -- -- -- ---------- -- -- ------ ----- ----- -- ---- , i 11/13/79 - Mee�ing No. I55 • MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS � REVIEW Tuesday, November 13, 1979 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEMBERS PRESENT: Arthur Tieso, Acting Chairman Ron Glassman Estyr Peake Thomas Reiter A. Wali Naibi James Voigt MEMBER ABSENT: D.D. Wozniak, Chairman AGENCIES PRESENT: Community Services Dept . - Division of Housing and Building Code Enforcement Earl Conley Tom Strohkirch Arnold Beyer -- Jerry Kern OTHERS PRESENT : Mrs . Leo Fischer August G. Leibitzki Peter Bremek Eric W. Forsberg Robert W. Petersen Robert W. Johnson Anthony Caron Yash Bhatia STAFF PRESENT: Patricia Moxness The meeting was called to order at 1 :4� p.m. Acting Chairman Arthur Tieso asked if there were any corrections or changes to be made in the minutes of the October board meeting, as distributed to the members . Mr. Reiter requested that the record of the vote on Case No. 35- 79-H, Anpellant Donald Legato' s appeal. an property at 767- 760 Payne Ave . , be corrected to show that he abstained from voting. The minutes , as corrected, were approved. Chairman Tiesc announced that the first case on the agenda wouZd not be heard until the December meeting, as the appellant was ill. (Case No. 35- 79-H, 656 Hall, Michael R. Yovicson, Sr. ) • -4- ,-' ll/13/79 - Meeting No. I55 v . �`�� CASE N0. . PROPERTY RPPELLANI� 39- 79-B 413 Wacouta Custom Properties , Inc. (commercial building) by Eric Forsberg, Attorney. SUBJECT: Request waivers of St. Paul Legislative Code , Article 13. 03-3, spe�ying that all stories exceeding 6 ,000 sq. ft. must have two separate exitways , and Article 13. 05-5 , requiring that elevators and stairways must be enclosed if building is over four stories in height and used for other than storage , because of high cost and question of constitutionality under state law. APPEARANCE: Eric W. Forsberg Jerry Kern, building inspector Robert W. Petersen, part-owner of Custom Properties Robert W. Johnson, structural $ civil engineer PROCEEDINGS: Jerry Kern stated that the building was a five-story, , sq. t. per floor structurel,, used primarily for storage and partially for production. The fifth floor was �storage only. After a full team inspection by the city, they had found very litile in violation. The main problem was that each floor exceeded the 6 ,000 sq. ft. maximum specified in the b uilding code--anything above that footage requiring a second exitway. Mr. Kern said each floor had an enclosed exitway, which, in his opinion, was better than having two exitways that were not enclosed. The only other problem was that the only elevator was not enclosed. However, since the first four stories only �vere occunied by employees , and the fifth story was used only for storage , this code requirement was not of great concern in this instance. _ _ • - 5- 11/13/79 - Meeting No. 155 . - Questioned by Mr. Forsberg, Mr. Petersen explained that his firm had occupied the building for the past 15 years and intended to remain there in the foreseeable future. The business was that of producing industrial displays for large corporations , and this building was used to set them up. All floors had sprinkler systems and self-closing fire doors , with an exitway onto the street at ground level . The elevator was used only to transport display materials from floor to floor, with never more than one or two persons riding on it. There was an automatic alarm system to notify the fire station if smoke or fire was present , and there were fire extinguishers on every �loor, as required by their insurance carrier. The floors were all open , the walls were heavy brick, an d stairways were centrally located for easy access from any point. The freight elevator was never used by the first_ floor office staff as a means of getting around within the building.` Mr. Naibi said the elevator should be posted prominently forbidding use for anything other than for freight transport. : BOARD ACTION: Mrs . Peake moved tha� variances on Article 13. 03-3, � speci ying t at all stories exceeding 6,000 sq. ft. must have two separate exitways , an d on Article 13. 05-5 , requiring that elevators must be en- closed if building is over four stories in height and used for other than storage, be granted. � Mr. Reiter asked to amend the motion to provide that variances be granted with a restriction to the period of present use. Mr. Kern said this was not necessary because any change in use would automatically void the Certificate of Occuuancy. Mr. Reiter withdrew his amendment. A4r. Naibi asked to amend the motion to stipulate that the elevator be used only for freight. Chairman Tieso restated Mrs . Peake ' s motion with Mr. Naibi ' s amendment. Mr. Glassman seconded. MOTION CARRIED AND SO ORDEREU. THE VOTE: Ayes - 6 Nayes - 0 Abstentions - 0 - --- ------ -- -- -- -- ------ -- -- -- - - -- -- -- -- ---- ---- ---- -- -- ------ --- ------- 11/13/79 - Meeting No. 1�;5 . . ' MINUTES OF THE MEETING ST. gAUL BOARD OF APPEALS $ REVIEW Tuesday, November 13, 1979 City Council Committee Room 707 City Hall and Court House' 1 : 30 p.m. - MEMBERS PRESENT: Arthur Tieso, Acting Chairman Ron Glassman Estyr Peake Thomas Reiter A. Wali Naibi James Voigt MEMBER ABSENT: D.D. Wozniak, Chairman AGENCIES PRESENT: Community Services Dept. - Division of Housing and Building Code Enforcement Earl Conley� Tom Strohkirch Arnold Beyer -- Jerry Kern OTHERS PRESENT: Mrs. Leo Fis clier August G. Leibitzki Peter Bremek Eric W. Forsberg Robert W. Petersen Robert j�J. Johnson Anthony Caron Yash Bhatia STAFF PRESENT: Patricia Moxness The meeting was called to order at 1 :40 p .m. Acting Chairman Arthur Tieso asked if there were any corrections or changes to be made in the minutes of the October board meeting, as distributed to the members . Mr. Reiter reauested that the record of the vote on Case No. 35- 79-H, Appellant Donald Legato' s appeal on property at 767- 760 Payne Ave . , be corrected to show that he abstained from voting. The minutes , as corrected, were approved. Chairman Tieso announced that the first case on the agenda would not be heard until the December meeting , as the a.ppellant was ill. (Case No. 35- 79-H, 656 Hall, Michael R. Yovicson, Sr. )