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272992 WHITE - �ITV CLERK ����� PINK - �'YqNCE COIZIICIl CANARV =��ARTMENT GITY OF SAINT PALTL File NO. �� ` BLUE F. YOR cil Resolution _ 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 _ ' 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 . ) � � _ 3_ 5/g/79 - Meeting No . 150 ������ ��@� 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� ' . 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 .