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272631 WHITE — CITV CLERK � 1�y PINK — FINANCE . COUIICII � c� 8.31'��..�� CANARV — DEPARTMENT GITY OF SAINT PAUL �"j @{UE �i+tAVOR File NO. l Resolution . Presented By Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, That the Oouncil 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 February 13, 1979, and marked EXHIBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT ��,«.- 2/13/79 44-78-H 1914 Iglehart Carol Constant (five units) BOARD ACTION: Granted waiver of St. Paul Legislative Code, Section 54.13, to permit occupancy of basement apartment, on condition that window area be enlarged and window well constructed in accordance with code specificat�.ons for l�.ght and ventilation and to serve as emergency exit. Property Description: Merriam's Rearrangement .of Blecks 24, 25, 26, 27, 28m and 29 W. 1/2 of Lot 2 and all of Lot 3, Block 26 2/13/79 02-79-H 951-953 Desoto Richard F!. Hoffman (five units) BOARD ACTION: Granted waiver of St. Paul Legislative Code, Section 54.13, to permit occupancy of basement apartment, on condition �hat all remaining violations, as designated � _ COUNCILMEN Requested by Department of: Yeas Nays Butler � In Favor Hozza Hunt Levine +__ Against BY — Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary ' B3 -�r`—?g � sy t�pproved by Mavor: Date _ Approved by Mayor for Submission to Council BY - — BY WHITE - C�TV CLERK PINK - FINANCE GITY OF SAINT PAUL Council �,!"��;��� � CANARV - DEPARTMENT � BI.pUE �r1AVOR File �0. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date in Certificate of Occupancy letter of 12/22/78, be brought into code compliance, and contingent upon permission from Zoning Board to operate as a five- unit apartment building in an area zoned for no more than four units . Property Description: Edmund Rice ' s lst Addition Lot 17, Block 8 2/13/79 04-79-H 1823 Laurel W. Jerome Spitzmueller (22 units) BOARD ACTION: Granted waiver of St. Paul Lesiglative Code, Section 54.13, to permit occupancy of three basement units more than 50% below grade, on condition that windows of sufficient dimensions to serve as emergency exits and to comply with light and ventilation requirements be installed, and on further condition that any remain- ing violations, as designated in Certificate of Occupancy letter of Sanuary 12, 1979, be brought into compliance by July 12, 1979. Property Description: Washburn�s Rearrangement E. 18 6/10 Ft. of Lot 13 and 14 -- ----------- ---- ---- and be it COUNCIL'.�.,"F.N Yeas l�ays 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 Passed by Council Secretary BY��''Q�Z , 3��''7f� sy tlpproved by Mavor. Date _ Approved by Mayor for Submission to Council By - - — BY WMITE - CITV CLERK � �}r�� '`� ' al�E -jr1AVORE GITY OF SAINT PAITL F1eci1N0. � � �^ �- CANARY - DEPARTMENT Council Resolution Presented By Referred To Committee: Date Out of Committee By Date FURTHER RESOLVED, That the City Clerk is hereby authorized and directed to transmit a copy of this resolution for recordi,ng to the Ramsey County Office of the Register of Deeds. COUIVGLMEN Requested by Department of: Yeas N ays Butler � jn Favor �� "f�Ie�t Levine _�___ A gai n s t BY — Maddox Showalter Tedesce—� Adopted by Date M� � 3 1979 Form Approved by City Attorney Cert d Pass y Council Sesretary By ��'� `3��`�?p 61pp by Ylavor: Date � � � 4 19� Approved by Mayor for Submission to Council ✓ By � ��/ By . �ue�rsH�o MAR � ? 197 � � � �'� � � . �� - 2- . 2/13/79 - Meetin� :Zo. I47 . - �,�����. T ���� V CASE h0. PROPERTY �IPPELLANT 44- 78-H 1914 Iglehart Carol Constant (five units) � SUBJECT: Request ti�aiver of St. Paul Legislative Code , Section 54. 13, to permit occupancy of basement unit �more than SO% beloi�r grade , because city failed to noti�fy previous owners of violation prior to appellant 's purchase of property, and loss of income taould be a financial. hardship . APPEARAlVCE : Carol Constant , ►� Reid A�IcFarlane, Merriam Park N.H.S. . PROCEEDI:`dGS: P-is . Constant said the building �aas constru�ted as a five- unit property in conformance with city codes in 1937. Certificates of Occupancy had been given by the city until last fa�I, j�rhen the basement unit was cited as in violation. She said she had been advised by the city that enlargement of the window area and con-struction of a window well t,rould satisfy code requirements for light and ventilation and; at the same time, provide an emergency escape exit . She objected to this because it m,ight cause a water problem, and she also felt the expense tiJas unjustified because the city had never cansidered these conditions � in violation of code in the previous forty years. Alice Bijjani stated that prior to 1975 the city z�ras only enforcing the life-safety code, not the housing code, in basement occupancies . Chairman Wozniak explained that basement occupancies required a waiver from t}ie Board, but were usually granted if certain health and Iife-safety- . consa.derations �aere adequately nrovided for in a manner acceptable to the Housing Code office . BOARD ACTIOi1 : i•1r. Glassman moved to grant a waiver ta permit use of the : asement unit, providing the appellant agrees to install larger .windo�as and a windoiti� itiell in �ccordance with specifications for escape l�rindows requ�red by the Housir_g Code Enforcement Division. Mr. Heider seconde d. , • � -3- j. 2/13/79 - b9eeting No. 147 Reid �icrarlane asked that data on cashfloca,� of the nranerty and on a�pellant ' s financial status be elicited before a decision was made . . His organiza�ion �Yanted to upgrade thei`r neighborhood and would prefer to s�e the basznent unit ti-acated if appellant would `not suffer personal iinancial har�ship . He cited the lack of off-street parking, contending �nat a lowe-!• de�sity of occupancy ivould be beneficial. . Chairman P+ozniak said that the ordinance creating the Board specif,icaTly states as grou:��s for oranting waivers, "where�-there is nractical diffi- culty or undu� hardship ," a much broacier basis than whether or not a person may or nay na� nave the money, to brin`g a building up to code . � He considered it u�gra��ng if all requirements for the health and safe�y of .tenants were m��, which often meant considerable expense to the owner. - l�ir. Heider stated tnat one of the objectives of the Board in the past had been to preserve the supply of rental housing in the city, bu� at the sane time to require corrective measures where there might be danger to the nealth or safety of tenants. � b10TI0� PASSED AND SO ORDERED. , THE VOTE : Ayes - 5 Nayes - 0 Abstentions - 0 (D7rs . Peake had not arrived until after the vote was taken on this case . ) In answer to an inauiry by Alice Bijjani, Chairman l�dozniak said the waiver applied on a permanent_basis _ � " ` 2/13/79 - Meeting No. 147 ,. , � _ b1INUTES OF THE MEETING ST. PAUL BOARD OF APPEALS AND REVIE��f � Tuesday, February 13, 1979 City Council Committee Room 707 City Hall and Court House 1: 30 p.m. MEMBERS PRESENT: D. D. Wozniak, Chairman Ron Glassman Arthur Tieso, Vice Chairman David Heider Estyr B. Peake LeRoy Coleman MEMBER ABSENT: James Voigt AGENCIES PRESENT: � Community Services Dent. - Division of Housing and Building Code Enforcement: Frank Staffenson, Alice Bijjani, Steve Roy Community Development: Karen Christofferson Merriam Park Community Council : Betty McLaughlin, Jim Bobzien Merriam Park Neighborhood Housing Services : Carl Peterson, Reid NicFarlane, Jerilee Richtman . Neighborhood Reinvestment: Stephanie Peterson District 5 Community Council: Sue Vannelli West 7th Street Federation : Richard Miller St . Paul Health Division: tiVilliam McCausland � City Council Staff: Valerie Cunningham, Jim Scheibel OTHERS PRESENT: •• ,� Irene Spitzmueller Ronald hliller Kevin Hoffman Jerome Spitzmueller Michele Brennan Kathy Anderson Carol Constant James Holm John 0. Larson Pat Hamm John R. Bartels Darrell Carlson Fred Tudisco Gary; j�V. Conner Yehia l . Ibrahim Wm. M. Richie Robext McCarthy William Dunnigan Ronald Peltier STAFF PRESENT: Patricia P�Ioxness, Appeals Board Secretary Chairman Wozniak called the meeting to order at I:40 p.m. The minutes of the meeting of December 12 , 1978, ���ere approved as mailed ' � out to the Board members . � The cliairman briefly explained the purposes , functions , and powers of the Board of Appeals and Review as set forth i� the ordin ance which created the Board. He discussed the limitations of the Board's authority - -6- 2/13/79 - Nieeting No. �47 . : �r��:���� - CASE V0. PROPERTY APPELLA.NT . 02 - 79-H 951-53 D�soto Richard Fi. Hoffman (5 units) SUBJECT: Reauest waiver of St. Paul Legislative Code, Section 54. I3, to p ierm t occupancy of unit more th an 50o below grade, because of financial considerations . � .. APPEARANCE: Richard H. Hoffman : PROCEEDINGS: I+�Ir. Hoffman stated that he purchased the building tzao and one-half years ago �vith the understanding that it was in compliance with code . Two years later, an insnector found several items in violation, including �the occunancy of the basement unit, ia�hich ��r. Hoffman occupied with his three chilclren . He said he was unable ta afford making the reQuire d repairs imme diately, although he intended to do so as soon as . : he could finance it. However, he asked that he be permitte d ta con tinue occup ancy of the basement anartment. . Chairman Tieso remarked that it ap�eared Mr. Hoffman was requesting an extension of time for the repairs, in addition to the laaive r listed in his appeal. r4r. Hoffman affirmed that the time extension should h ave been included in his appeal . Alice Bijjani related that the building had been cer�ified as a four-unit b uilding since 1965 . On July 27, 1977, a city insnector found that the owner was in the pracess of adding two apartrnents to the building. As the area ti�ras zoned RT- 1, tvhich does not permit a bui2ding of more than ' four units , the oi�rner was notified by letter that ti,rork on the addition had to cease immediately. The letter t�ras dated August 15, 1977, an d � addresse d to RJR apartments . The date of the lette r on which the present appeal was filed was December 22 , 1978 . So ?'•is . Bijjani said 1�4r. Hoffman had ���o problems , one r�ith the zoning code and one with the housing code . � -7- 2/13/79 - Meeting No. 147 . • . _ She saia �ir . Ho�f�an should first appeal to the zoning board far per= nission to operate a fzve -unit building in: an area zonecl for no more - than four, ar.d 'ne �aou?d need a variance on the size of the lot as i1e11 . � If he iYas ;ra���d his reauests to the zoning board, he would nee d to go - to tl�e Board o� a�peals for a variance on the S0� beloiv grade occupancy, ar.d the hou=�na cod� �Yould rec�uire an escape t��indotv and su£ficient light and •.��ntilatior. in�tne baser;.ent unit . �'ran�: S�affensen stated that there were some life-safety items that . should be take:� care oi i�ithout delay. - Mr. Hoffr�an said h� had already completed the`work on all thase items so designated- -,�a�ar h�ater, heatinp plantTarea--except the east stair - enclosure and the bas�::�ent occupanc� matter. BOARD ACTION : I�Ir. Glassman moved that a �Jaiver of basement occupancy - reQuirements be granted on candition that all remaining items , as - dzsignated in the letter of December 22, 1978, be compl.eted. Said action is contingent upon appellant receiving a variance from the zoning board to operate a five-unit building in an area zoned for' no more than four-unit buiZdings . Mr. Heider seconded. N�OTION CARRIED A:`n SO ORDERED. : TF�E VOTE: Ayes - 5 Nayes - 0 Abstentions - 0 , . ` 2/13/79 - Meeting No. 147 � . ,. ; � . _ b1INUTES OF THE MEETING • ST. PAUL BOARD OF APPEALS AND REti'IE��i � � Tuesday, February 13, 1979 City Council Committee Room 707 City Hall and Court House 1: 30 v.m. MEMBERS PRESENT: D. D. �9ozniak, Chairman Ron Glassman Arthur Tieso, Vice Chairman David Heider Estyr B. Peake LeRay Coleman MEMBER ABSENT: James Voigt ` AGENCIES PRESENT: ' Community Services Dept. - Division of Housing and Building Code Enforcement: Frank Staffenson, Alice Bijjani, Steve Roy Community Development: Karen Christofferson Merriam Park Community Council : Betty McLaughlin, Jim Bobzien Merriam Park Neighborhood Housing Services : Carl Peterson, Rei� bicFarlane, Jerilee Richtman . Neighborhood Reinvestment: Stephanie Peterson District 5 Community Council : Sue Vannelli West 7th Street Federation : Richard Miller St . Paul Health Division: William ricCauslan d City Council Staff: Valerie Cunningham, Jim Scheibel OTHERS PRESENT: •- .. Irene Spitzmueller Ronald A4iller Kevin Hoffman Jerome Spitzmueller Michele Brennan Kathy An derson Carol Constant James Holm John 0. Larson Pat Hamm John R. Bartels Darrell Carlson Fred Tudisco Gary; j�T. Conner Yehia l . Ibrahim Wm. M. Richie Robert McCarthy �Villiam Dunnigan Ronald Peltier STAFF PRESENT: Patricia P�Ioxiless, Appeals Board Secretary Chairman Wozniak called the meeting to order at I: 40 p.m. The minutes of the meeting of December 12 , 1978, z�Tere approved as mailed ' out to the Board members . � The cliairman briefly explained the purposes , functions , and po�,rers of the Board of Apneals and Review as set forth in the orclinance which created the Board. He discussed the limitations of the Board' s authority ' -R- 2/] Sl79 - hieetin� Na. 147 � , �r���� , ' �`. ,� CASF. N0. PROPERTY APPELLANT 04- 79-H 1823 Laurel W. Jerome Spitzmueller (22 units) SUBJECT: Rec{uest waiver of St. Paul Legislative Code, Section 54 . 13, to p� irm t occupancy of three basement units more than 5Qo belo�a grade, because of financial considerations . APPEARAIVCE_ j'V. Jerome Spitzmueller Reid �icFarlane, Merriam Park N.H. S. PROCEEDINGS: Mr. Glassman noted that Mr. Spitzmueller had signifie� �iis willingness to change the existing windows and �ower the grade ���:e= , in accordance with suggestions by the Housing Code office , if it wou�a make the three basement units acceptable for contirax�l: occupancy. BOARD ACTIOV: r4r. Glassman moved to grant a lvaiver to permit occupG-�c�- o t ree asement units more than 50 o below grade, on condition that win dows of sufficient dimensions to provide accessibility for use as emergency exits and to satisfy code reQuirements for light and ventilatioT be installe d, an d on further condition that any remainin g violations listed in the Certificate, of Occunancy letter o� January 12 , 1979 , be '�ompleted by July 12 , 1979 . Mr. Heider seconded. Mr. McFarlane requested that the appellant be examined as to his financi�I circumstances to determine if closing the three basement units iJOUId � cause such hardship . I��1r. Glassman quoted from a letter P�1r. Spitzmueller had submztted at the time he filed his appeal : "These apartments have been rented by the same tenants for the past 12 years at a current rent�.l of $100 per month . This request for discontinuance of occupancy would really be a hardship for them in an inflated rental market. -•The loss of these rental units to us as oianers also iaould be a hardship as tiae are planning retirement in the middle 1980s and our sole means of income will be the rental properties and social security." r•Ir. A1cFarlane suggested that the apnellant be asked if he o�Jned other properties , what the cash flo�v and debt service are on this buildin g, the taxes , etc. Ne did not think the ordin ance a1lotJe d for consideration on whether or not closing the units woulcl be a hardship for the �enants . A letter from Patricia and Francis Y.ipley, �aho li�red across the street from the apartment building, was presented to the Board by a lady jtil;io did not identify herself. Chairman Tieso read the letter to the Board : "We find it very hard to believe that anyone with a 22-unit apartmeni. building nee ds the income of three additional units to stave off finan- cial hardship . There are no facilities no�: �o handle the parl�ing af,l=, • -9- 2/13/79 - A4eeting No. I47 • � . - street for t?:e existing units , and at this tiMe of the year, especially, , sno�� removal is a nigntmare and at times impossible.. Although the etistinR caretakers are doing a fine job, they are already responsible tor 1823 Laurel , the duplex next door, and are partially responsible � for th� building across the street. ��Te feel this is already toa much ar.d add�r_� ano�:�er three un?ts only adds to the thinning out of their a ro �t c... . �•�r. Glass�;an s�ate� that this was not a case of adding three units . The - units had b°en occ���i�a �or many years ti�•ith a Certificate af �ccupancy, and 1�ere leaal?y in co::�liance ►Jith code tJhen ��he building was constructed. Chairman Tieso a��°d lor a vote on the proposed motion. I�IQTION CARRIED � AiVD SO ORDER:D. THE VOTE: Ayes - 5 Nayes - 0 Abstentions - 0 . ' � 2/13/79 - Meeting No. 147 ,. ; � , �� I�IINUTES OF THE MEETING ST. PAUL BOARD 0� APPEALS A�VD RE1,'IEW � Tuesday, February 13, 1979 City Council Committee Room 707 City Hall and Court House � 1: 30 v.m. MEMBE RS PRESENT: D. D. Wozniak, Chairman Ron Glassman Arthur Tieso, Vice Chairman David Heider Estyr B. Peake LeRoy Coleman btEMBER ABSENT: James Voigt AGENCIES PRESENT: ' Community Services Dent. - Division of Housing an d Building Code Enforcement: Frank Staffenson, Alice Bij} ani, Steve Roy Community Development: Karen Christofferson Merriam Park Community Council : Betty McLaughlin, Jim Bobzien Merriam Park Neighborhood Housing Services : Carl Peterson, Rei� blcFarlane, Jerilee Richtman Neighborhood Reinvestment: Stephanie Peterson District 5 Community Council: Sue Vannelli West 7th Street Federation : Richard Miller St. Paul Health Division: ti9illiam McCausland City Council Staff: Valerie Cunningham, Jim Scheibel OTHERS PRESENT: � �; Irene Spitzmueller Ronald D4iller Kevin Hoffman Jerome Spitzmueller Michele Brennan Kathy An derson Carol Constant James Holm John O. Larson Pat Hamm John R. Bartels Darrell Carlson Fred Tudisco Gary; W. Conner : Yehia l . Ibrahim jVm. M. Richie Robert McCarthy jVilliam Dunnigan Ronald Peltier STAFF PRESENT: Patricia Prloarness, Appeals Board Secretary Chairman Wozniak called the meeting to order at 1: 40 p.m. The minutes of the meeting of December 12 , 1978, i�ere appxoved as mailed ' � out to the Board members . The chairman briefly explained the purposes , functions , and pawers of the Board of Appeals and Review as set forth in the ordin an ce which created the Board. He discussed the limitations of the Board' s authority-