272992 WHITE - �ITV CLERK �����
PINK - �'YqNCE COIZIICIl
CANARV =��ARTMENT GITY OF SAINT PALTL File NO. �� `
BLUE F. YOR
cil Resolution
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Presented By
Refe�red To Committee: Date
Out of Committee By Date
BE IT RESOLVED, That the Council of the city of Saint Pau1 here-
by certifies and appraves the action of the City of Saint Paul Board
of Appeals and Review pertaining to the fallowing listed property
and as shown by the Excerpted Minutes of said Board of Appeals and
Review, dated May 8, 1979, and marked EXfiTBIT A, and attached heseto
and made a part hereof by referencea
DATE OF BOARD
MINUTEF CASE NO. PROPERTY APPELLANT
5/8/79 14-79-H 1441-43 Sherburne Doloras Gahan
(four units)
BOARD ACTION: Granted waiver of St. Paul Legislative Code, Section
54�11, pertaining to requirement that bathroom be
located within walls of dwelling unit, to permit
occupancy of Apt. #p3, where bathroom facilities are
in adjacent hallway,
Property Descriptions Syndicate No. 5 Addition
Lot 20, Block 28
-------------------------
5/8/79 18-79-H 273 Dayton Ave. Lillian Baumgartner
(nine units) by Richard J. Gabriel,
atto�ney
BOARD ACTION: Granted waiver of St. Paul Legislative Code, Section
54.11, pertaining to requirement that each dwelling
COUNCILMEN Requested by Department of:
Yeas Nays
Butler [n Favor
Hozza
Hunt
Levine __ Against BY
Maddox
Showalter
Tedesco Form A pproved by City Attorney
Adopted by Council: Date
Certified Yassed by Council Secretary BY�"�"-""�� � 'S'j`5 '7�
By,
t#pproved by .Vlavor: Date _ Approved by Mayor for Submission to Council
BY - — BY
WHITE - CiTV CLERK .
BLUE -�F,�,-oR E GITY OF SAINT PAUL F lecilNO. ������+
CANARV -� E(rARTMENT
� Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
unit be provided with bathroom facilities within its
walls, to permit six units, each of which is occupied
by one tenant only, to share one bathroom facilityf
said waiver to remain effective until such time as tha
property be sold or there be any transfer of right,
title, or interest.
Property Descriptianr Dayton and Irvine's Addition, Block 69, 71
thru 82, 84, 85, part of Blocks 70, 83 and
87
W. 10 Ft. of Lot 34 and Ex. W. 5 Ft.,
Lot 33, Block 82
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 (;ounty Office of the Register of Deeds.
2.
COU[VCILMEN Requested by Department of:
Yeas Nays A�
$u4�ei--� L�
Hozza —� jn Favor
Hunt
Levine _ __ Against BY —
Maddox
Show
T esco _� 2 219�9 Form Approved by City Attorney
Adopted ounci : Date�
Cer ied d by Co ,ecret y B� � � `��� �f
By �
Ap by 1�lavor: at � �� Approved by Mayor for Submission to Council
B — By
t1_�i.iSHED Jtl N 2 1979
;�Xh��l� � 5/8/79 - Meeting No. 150
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s ���1����
P�IINUTES OF THE MEETING
ST. PAUL BOARD OF APPEALS � REVIEW
Tuesday, May 8 , 197�3
City Council Committee Room 7Q7
City Hall and Court Hosue
1 : 30 p .m.
A�EDIBER5 PRESENT: . Arthur Tieso , �cting Chairman
Estyr B. Peake
Ron Glassman
James Voigt -
Thomas Reiter
ABSENT: D.D. Wozniak, Chairman
A. Wali Naibi
AGE'vCIES PRESENT: Community Services Dent . - Division af Housing
and Building Code Enforcement
Alice Bi j j ani
Sam Blue
Frank Staffenson
OTHERS PRESENT: Richard J. Gabriel '
Lillian Baumgartner
� Dolores Gahan
STAFF PRESENT: Patricia P�loxness
The meeting was called to order at 1 : 45 p .m. by Acting Chairman Arthur
Tieso .
T1ie minutes of the meeting of April 10 , 1979 , were approved as mailed out
to the members .
CY��airman Tieso stated that Leroy Coleman and David. Heider h ad resigned
from the Board in April , and the 1�4ayor had apnointed two new members to
fill the vacancies , Thomas Reiter an d A. Wali Naibi . The chairman read
a letter from r�1r . Coleman expressing his thanks to the Board members and
the staff for their help during his term of serviee on the Board.
CASE N0. PROPERTY APPELLANT
14- 79-�� 1441-43 Sherb�urne Dolores Gahan
SIIBJECT : �four units)
�ec{uest �vai�er of St . Paul Legislative Code , Section 54 . 11 , pe�taining
to location of bathroom; because of fin ancial conside�`ations .
Prior Hearing 4/10/79 : Continued to ;�1ay meeting because of appellant ' s
illn�ss .
-2- 5/8/79 - P4eeting No. 15Q
. APP�ARANCE : Dolores Gahan
PROCEEDINGS :
I�Is . Gahan stated that she and a son had bought the property in November
of 1978, at tahich time it was operating under a valid Certificate of Occu-
pancy as a four-unit building. In January, I979 , a city inspector found
severai violations . A11 were in process of being corrected except the
one concerning one apartment where the bathroom was located in the comman
hailway and not within the walls of the unit, as required by code . She
said it would be very costly to relocate it and submitted two bids to
verify her contention. The unit was presently occupied by her son . She
provided a sketch of the floor plan to illustrate the dif£iculty of chang-
ing the present arrangement. Ms . Gahan said the area could not support
the higher rent it would be necessary to charge to justify such an expendi-
ture . All tenants were low-income peonle .
Ms . Bijjani said it would be possible to enclose the bathroom wi�hin the
apartment walls , but in so doing, this would close off the back stairway
which served as a second exit on the second floor. She felt the second
exit was more important than enclosing the bathroom.
Mr. Tieso expressec� concern that there might be an over�loaded electrical
system.
Ms . Gahan said her son has removed all extension cords and monitors the
� fuse box to ma1:e sure no on:: puts in an over-size fuse . She stated that
the city' s letter gave her a year to make all the corrections ordered.
BOARD ACTION: Cliairman Tieso moved to grant a permanent tivaiver a£ the
_ co e reauirement that a bathroom be located within the walls of a dwelling
unit to permit occupancy of Apartment �3 of the propexty. Mrs . Peake
seconded. h10TI0N CARRIED AND SO ORDERED.
THE VOTE : Ayes - 4 Nayes - 0 Abs�entions - 1 (Glassman)
(Mrs . Gahan had requested that r7r. Glassman abstain from tlie consideration
of her appeal , on the basis of a past business disagreement . )
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_ 3_ 5/g/79 - Meeting No . 150
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CASE N0. PROPERTY APPELLANT
lg_ �g-H 273 Dayton Avenue Lillian Baumgartner
(nine units) by Richard J . Gabrie� , Att`y
SUBJECT: Rec{uest waiver of St . Paul Legislative Code, Section 54. 11 ,
per—" taining to requirement of batliroom facilities within walls of each unit,
because of financial hardship .
Prior Hearing 4/10/79�: Continued to May meeting because attorney represent-
ing appellant could not be present.
APPEARANCE : Lillian Baumgartner
Richard J. Gabriel
PROCEEDINGS : hir. Gabriel explained that Mrs . Baumgartner, age 86 , was the
oti��ner o t is nine-unit property. Three apartments hacl tlieir. own bathrooms ,
but the remaining six units shared one bathroom. A11 units were occupied
by single women , one tenant in each, and all. were handicapped in some
capacity and of ver}- limited incomes . Most of the women had lived in the
� building for a number of years , including Mrs . Baumgartner herself. Nir.
Gabriel stated that Mrs . Baumgartner had an income of less than $5 ,000 per
year, made up of a pdst office pension from her late husband's service and
� tlie income from her property and a small savi�ngs account . He providhe a
copy of her 1977 and 1978 income tax returns . The net income fxom
property �Jas about $1 ,900 , and he said Mrs . Baumgartner did not £eel she
could afford to assume the expense necessary to comply with code reQuire-
' ments in regard tohadhinoubat�e�ansinconvenien�elandnhardshiputo bhetelderly
close the units , w
tenants .
.Alic� Bijjani stated that Arnie Beyer had inspected the building in JL�ne
and had found other violations . A letter had been sent to the owner advising
her of these , and all had since been taken care of except for the bathroom -
rec�uirements . She said hir. Beyer had reported the building was generally
in very goocl condition.
BOARD ACTION : NIr . Voigt moved to grant a waiver of Section 54. 13 to permit
occupancy of the six tznits presently sharing one bathroom, to remain effecti�
for the period of �1rs . Baumgartner` s ownership of the huilding. r�trs . Peake
seconded. MOTION CARF�IED AND SO ORDERED. Abstentions - 0
'I'HE VOTE : Ayes - S Na yes - 0
5/8J79 - Meeting N�. 15�
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MIi�UTES OF THE I�IEETING
ST. PAUL BOARD OF APPEALS � REVIEW
Tuesday, May 8 , 1979
City Council Committee Room 707
City Hall and Court Hosue
1 : 30 p .m.
P,4EMBERS PRESENT: Arthur Tieso , Acting Chairman
Estyr B. Peake
Ron Glassman
. James Voigt
Thomas Reiter
ABSENT: D.D. �9ozniak, Chairman
A. Wali Naibi �
AGENCIES PRESENT: Community Services Dent . - Division of Housing
and Building Code Enforcement �
Alice Bijjani
Sam Blue
Frank Staffenson
UTHER� PRESENT : Richard J. Gabriel
Lillian Baumgartner
Dolores Gahan
STAFF PRESENT: Patricia r-loxness
� The meetii�.g ��ras called to order at 1 : 45 p .m. by Acting Chairman Arthur
Tieso .