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274273 M�M17E - C�TV GLERK - PINK - - FINANCE G I TY OF SA I NT PA IT L Council ��JJ��ff{{ CAN�ARV - DEPARTMENT File NO. �� + BLUE - MAVOR � � 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 Minutes of said Board of Appeals and Review, dated 12/11/79, and marked EXHIBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT 12/11/79 42-79-H 661 E. 5th St. Parent Properties (five units) by Kirk Johnson,Manager BOARD ACTION: Granted variance of St. Paul Legislative Code, Section 54.14, to permit occupancy of sleeping room more than 50/ below grade, on condition that enlarged windows and window well be installed in accordance with recommenda- tions of the St. Paul Division of Hous ing Code Enforcement. Property Description: Lyman Dayton's Addition Subject to easements, the following North- easterly 1/2 of Lot 7 and all of Lot 6, Block 18 12/11/79 26-79-H 1927-29 Carroll Michael Kurtz and (three units) John Hermes 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 �3� !^�� By �lpproved by iNavor. Date _ Approved by Mayor for Submission to Council By - - BY WNITE - CITV CIERK COUIICII �/ PINK - - FINANCE G I TY OF SA I NT PALT L ��" P CANARV - DEPARTMENT File NO• �� BLUE - MAYOR � ` Council Resolution Presented By Referred To Committee: Date Out of Committee By Date BOARD ACTION: Granted variance of St. Paul Legislative Code, Section 54.14, to permit occupancy of unit more than 50% below grade, on condition that light and ventilation be brought into code compliance and that at least one window in sleeping room of said unit be enlarged to meet standard exit requirements as recommended by St. Paul Division of Housing Code Enforcement. Propert_y Description: Merriam Park ' West 1/2 of Lot 11 and all of Lot 10, Block 15 -------------------------------------- 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 RUmsey County Office of the Register of Deeds. COUNCILMEN Yeas Nays Requested by Department of: M„�HON .�„ In Favor Hunt c'9 Levine __ Against BY Maddox Showalter �� JAN �. 5 1980 Form Approved by City Attorney Adopted b nci : Date Certi d Passe Cou il Secretary BY !'�'�� 1pp v by lflavor: a — _fQ AI 1 7 iQS2f1 Approved by Mayor for Submission to Council By, -_ - - - � BY PU�I,ISNE� ��i� 2 � ;;�s�n _._:., . __, ._ _---_ _ _. _ � � � ��` XH � ,�ir �- � . . , �.__.___. . ..___._._4_ .; 12/11/79 - Meeting No. 156 � . . i � � _ �, ,�;� � � �-� L �� .� ---------�---- -- -- -�----��f� -- -- ---- -- -- -- ------�_______ __-__ ___ �____�._.._. CASE N0. PROPERTY APPELLANT 42- 79-H 661 E. 5th Sto Parent Pz�oner�ies (five units3 by Kirk Johnson, Manager SULJECT: Request wai.ver af St. Paul Legislative Code , Section 54. I4', per�� ta n ng to insufficient light and ventilation in unit more than 50o below grade , because "the room was used as such when purchased and is onlv logical sleeping room in apartment." APPEARANCE: Kirk Johnson � PROCEEDINGS : Mr. Johnson stated there were four co-owners , one of whom was is wi _e , and this was the only property owned by P�arent Properties . The company was willing to make all rec{uired repairs , but asked for a variance on the basement sleeping room which was a part of one first floor apartment . He proposed to build a ledge under the basement windows to make the windows accessible for escape in an emergency, rather than ta install larger windows suitable for emergencies as sug- gested by the inspector. He said the cement walls were about two feet tnick and it would be difficult , as well as expensive , to tear them out and put in larger escape windows and a window well. The furnace area was no�a enclosed according to city orders , and all other items had been taken care of as required. The owners woul,d be willing to install larger windows if this was the only way to continue use of the room. , � . * -5- . 12/11/79 - Meeting No. I56 ., ' _ . Alice Bijjani stated that the bedroom was a firetrap . The windows were five feet up from the floor and quite a bit short on required dimensions to provide easy escape. In addition, the exit was so located that one had to pass the boiler to reach the stairs . Mr. Johnson said two new boilers had recently been installed in another area of the basement, and the third boiler , which was the one that was situated in the path of exit from the bedroom, would soon be r�moved. He estimated it would cost about $500 to put in new windows and a window well. He said the tenant was not now using the basement room for sleeping, pending outcome of today' s hearing , but was anxious to move the bed ba�k downstairs . Ms . Bijjani said an alternative would be to construct an exit �ith a door leading directly outside in the window space. It could be locked anci would be more secure than larger windows and a window well. BOARD ACTION: Mr. Glassman moved to den.y the appeal . I�Ir. Reiter secand.ed. M C IED A1VD SO ORDEREDe THE VOTE: Ayes - 5 Nayes - 0 Abs�entions - 0 (Later in the meeting, the case w as re-opened by Mr. G].assman and the above action was resci.ndeda See page 7 . ) --� -- ----- -- -- - - - -- - -- -- -- - - - ---- -- -- -- -- -- --- --- -- -- --- ----- --- --- -- --- -- 3_._. . .�_ , - � i w 7 12�11/7�3 ' , ,e...._.., .__,... . - - -. .MPP.tlTfa ._Nn 7G.F. .. . .. __, . f _ __ _., _, _._ .._ __ ... _ . . __._. ._.__ ._... __._ _..__ . __. _ __ _ _ _. __ __ -- -- �- -_ _- __ -..-- -- ---- ------ -- -- ---� �.---..-_ ^.__- _� -- ---_ ..��., __ - . .. ��' . . ..':;��_��r',`:. Case 42- 79-H, 661 E. 5th St. (five units) y Parent Praperties , by Kzrk Johnson, Manager: FURTHER PROCEEDINGS : Mr, Glassman requeste�. that the decision on this case be reconsidered. He felt that denial outright of this appeal had been unjustifiable`, and, a.s he had made the original motion to deny , he asked to chan.ge it. He said that Mr. Johnson was willing to install windaws ari d construct -"a window well,if required to do so, and such an installation would alsa provide an escape route from the basement sleeping raom, but in the Board' s p revious action, the appellant had been d.enied the use of the basemen� room under any circumstances . BOARI3 ACTION: Mr. Glassman moved to grant a variance to permit use . o a asement sleeping room, on condition that escape windows be installed that provide adequate light and ventilation in _accardance with recommendations of the housing code ofcfice. Mrs . Peake seconded. MC�TION CARRIED AND SO ORDEREDe , - THE VOTE: Ayes - 5 Nayes - 0 Abstentians - 0 BOARD ACTION: Chairman ��lozniak moved to rescind the previous action t3 en y t e Board earlier in the meeting. Mr. 6lassman seconded. MOTION GARRIED AND SO ORDERED. ' � THE VOTE: Ayes - 5 Nayes - 0 Abstentions - 0 --- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --- - -- ---- ---- -- ----------- The meeting adjourned at 3:25 p .m. 12/11/79 - Meeting No. 156 + � MINUTES OF THE P�IEETING ST. PAUL BOARD OF APPE�ILS � REVIEW Tuesday, December ll , 1979 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEMBERS PRESENT: D.D. Wozniak, Chairman Ron Glassman Estyr Peake Thomas Reiter A. Wali Naibi - MEMBER ABSENT: Arthur Tieso AGENCIES PRESENT: , Community Services Dept . - Division of Housing and � Building Code Enforcement Alice Bijjani Tom Strohkirch _ __ . OTHERS PRESENT: Dennis P. Grogan __ _ __ Charles N. Berris � Bob Reiter Ar�thony Caron , Kirk Johnson John Hermes Mary Pat Lee : Beth Schmidt STAFF PRESENT: Patricia Moxness Chairman Wozniak called the meeting to order at 1 : 45 p.m. The minutes of the meeting of November 1;3 , 1979 , were approued as sent out to the board members . ' CASE N0. PROPERTY APPELLANT 43- 79-B 1885 James Ave. Hazel A. Lindgren (vacant single-£amily house) SUBJECT : Request waiver of quarterly fees payable under Vacant Building Registration Ordinance , because of financial hardshin and because of appellant ' s intent to resume living in home as soon as health permits . Also, rec{uest return of filing fee . APPEARAIVCE : Tom Strohkirch, Inspector , . ... .. ___.._ _ _ _ �.---_�.�_._.____...__�._...�...:_�..._.:...�..__...�.�._:_ • ��.�r i /7 q - �%p ` �. r.s�� , _ _ 1-�. _. _ ._ ..__ _ P�r.�.4�.#�� avvra.. it�r......... ....... __- ----._ - .._ ,. . . �.. . ... .. _ . . . .... .. ..... . , . CASE N0. PROPERTY APPELLANT 26- 79-H 1927- 29 Carroll Michael Kurtz and John Hermes (three imits) SUBJECT: Request extension of time to complete code repa�rs listed in urvey etter of 7/10/79 , including fire safety measures in basement , exterior repairs , and various interior violations involving plumbing , light and ventilation, and general repairs , because af economzc eonsid- erations . Prior Hearing 8/14/79 : Case w as continue d indefinitely. Appellant had filed appeal with Zoning Board, on whose decision wauld depe�d whether above subject should be pursued. APPEARANCE : Michael Kurtz and John Hermes , Co-owners PROCEEDINGS : Mr. Hermes stated that the city had insnected �he property Iast summer and had sent a letter dated July 10 , 1979 , listing several code violations . On July 18, a follow-up letter was received stating that the housing code office had inadvertently failed to address the issue of zoning. The letter explained that the property had been con- verted at some time in the past to a four-plex illegally in an area zoned for single family dwellings and duplexes onl since August 22 , 1922 . It further explained grounds on which an appeal to the Zoning Board coul.d be based. The owners then filed appeals with both the Zoning Board and the Board of Appeals � Review. Since a favorable c3ecision an the zoning matter would be needed to justify going to the expense of doing the housing code work, the otianers asked this board for a time ext�nsion until the zoning status could be clarified. The Zoning Board heard the case on N�ovember Z 7 , at which time the decision was to grant a variance , -6- 12/11/79 - Meeting No. 156 � allowing operation as a threeplex. Mr. Hermes said the �partnership was willing to go ahead immediately with -all the required work except instal- lation of escape windows in the basement unit , because this work would require exterior cement work in unsuitable weather. He asked for a time extension from the original date of January 10 , 1979, to a late spring or summer date. The owners felt all other requirements could be taken care of in the time allowed originally by the housing code office . Alice Bijjani agreed that there were problems with cement in winter, and she felt that a reasonable time could be worked out with her office that would be mutually satisfactory. However, the owners would need a variance to permit occup ancy of a unit more than 50� below grade. Tf the deczsion was to grant such a variance, she asked that it be made clear that light and ventilation conditions must be corrected so� that at least one window in the sleeping room met standard exit requirements . BOARD ACTION: Mr. Glassman moved to grant a variance to permit occupancy o a unit more than S0� below grade for the lifetime of the structure , on condition that light and venti.lation be brought into code compliance and that at least one window in the sleeping room meets standard exit require- ments . Mrse Peake seconded. Mr. Charles Berris , 1919 Iglehart, identifying himself as an interested observer ,and a member of the Merriam Park Community Cauncil , stated that he disputed the statement by one of the owners earlier in th� hearing that the unit had been continuously rented for 25 ye ars . Mr. Hermes said all this had been gone over at the Zoning Board hearing. With the exception of one ,.year, the unit had been occupied for the last - 20 to 22 years . He felt it was irrelevant to this hearing, bearing only on zoning matters . Dennis Grogan , 1946 Dayton Ave . , who identified himself as president of Merriam Park Community Council , objected to occupancy of the basement unit before adequate escape windows were constructed. He contended that exterior cement work could be done in cold weather by using a portable heater, although it might add $100 or so to the cost. Beth Schmidt , who said she was a worker with the Merriam Park Neighborhood Housing Services organization, stated that neighbors of 1927-29 Carxo�.l were considering an appeal to the City Council on. the Zoning Baard de�isiQn. She asked if work would be allowed to continue if such an appeal was in motion. Chairman Wozniak said that would be a decision the owners would have to make. It was brought out that an appeal to the City eoun�ii could be made within 30 days after adjacent property owners had been notified of the Zoning Board decision. He did not think the appellants should be required to complete the specified work by January 10 if an adverse decision thereafter had caused a substantial expenditure for nothing. Mr. Naibi suggested it might be better not to grant any extension but to wait until a final . decision. Meanwhile the use of the basement should be discontinued. Chairman W�zniak stated that continued usage should be permitted, espec- ially in consideration of the past history of continued occupancy for a long period of time. , . ', � - 7- 12/11/79< - Meeting No. 156 . Mr. Glassman said this was a case where the appellants were willing to do everything the city required, asking only for a delay on one item until warmer weather made for better conditions to do exterior cement repairs . Mr. Reiter felt that a safety item should not be delayed until spring. Alice Bijjani stated that the city had no objections to a delay until spring. The property was generally well-kept, and completing the safety work in the furnace area by January 10 , as the appellants had agreed to, was a definite plus . Mrs . Peake stated that she felt everything had been said on the subject, and she requested that a vote be taken on Mr. Glassman' s motion. Chairman Wozniak put the question to the Board. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 3 Nayes - 2 Abstentions - 0 (Naibi , Reiter) . , c . „ 12/11/79 .- Meeting No. 156 � - MINUTES OF THE P�IEETING ST. PAUL BOARD OF APPEALS $ REVIEW Tuesday, December 11 , 1�79 Ci�y Council Committee Room 7Q7 City Hall and Court House 1 : 30 p.m. MEMBERS PRESENT: D.D. Wozniak, Chairman kon G1,assman Esty� Peake Thomas Reiter A. Wal.i Naibi MEb1BER ABSENTe Arthur Tieso AGENCIES PRESENT : Community Services Dept . - Llivi.sioi7 of Hous ing and Building Code Enforcement Alice Rijjani Tom Strohkirch __ __ OTHERS PRESENT: Dennis P. Grogan - ---. Charles N. Berxis Bob Reitex Anthany Caxon Kirk Jahnson J ohn He rme s Mary Pat Lee BetY� Schmidt STAFF PRESENT: Patricia Moxness Chairman Wozniak called the meeting to order at. 1 : 45 p.m. The minutes of the meeting of November 13 , 1979 , were approued as sent out to the board members . CASE N0. PROPERTY APPELLANT 43- 79-B 1885 James Ava . Hazel A. Lindgren (vacant single-family house) SUBJECT : Request waiver of quarterly fees payable under Vacant Buildzng Registration Ordinance , because af fin ancial hardshin and because of appellant' s intent to resume living in home as soon as health permits . Also, request return o£ filing fee . APPEARAN CE : Tom Strohkirch , Inspector � . , . ' � _ � .. / . . � ' �� . � .. .' �� 1�.�� .�� ., �. . . ' � . � ' . . . . . , . .. .. � . . . � ' "_ . ' . " _ . . . ` .. . , . .. . . . . . ✓ /. . . . � ' .. . . . . . . . . � ' ' . ' . . . 1'�� . , . . . . ; �. . , . ' ' .. � . . . . . - . . . , � , . . ' � � . ' �. � � . � ' �;� . � . . . . � . . � . ' • .� . . .., � . . , . . . � . � , � i � . . .. . ' ... .. . '" , , ,. . . . . . � ' ... � . ,. . , � � . . . � . . � . �.� „ r ._ r � _ ` : � : ' 1 , � , , � � � . .�aiiva 29; 1980 � � _ _ � ; , � � , , , � ; , , � . � ,- Re�ister o� IIeeda lst Floor, Citq Hall ' , S�. Pau1,�M�n�tesota. _ � Dear Sir: , � - ; , • Attached for filing in qour office i a certified copy of ` � y C.F. No. 274273, adonted by Cauncil January 1S, ,1980: ' , � ' , '; , � ; : ', � , , . V'ery t uly yours, � � _ , � , . . � Rase.M 'x - - City C erk , �,; t . - ,. . . , ,Attach. � ' � _ dcr , • , , _ � ,� - ' I � : , . , , . , , , ._ , • , � : • - , l . , : , . � , ' ' • ` ' \ ' ; , . , , � . . � , . , , _ • ; , ' � � -, . .. � _ _ � ; �. ,�.. . � � �-� � �, 7� � � ', �� STAT� OF MINNFSOTA ) I � co�y ab R�ey 1 a.a. Q� CTTy 0� SAINT PAUL ) � � � , � . Rose Mix .�y �� 1, . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . .. . o� �'he C,i.ty o� Scu,n,t Pau.2, M.i.nne.b oxa., da heJceb y ce�i',i,�y �h.at I have campcviced �he a,tta.ched copy a� Counc.i..e F.i.ee No. ??4273, ,, a.a adop�ed by �he Ci,ty Counc.i,� .. . . , ;?anuary 15,,, , , , , , , , �q, 80, , and appnoved by �he Mayon . . . . , , , , ,, January 1�,. .. .. . . . �q. 8o,. � w�i.th �he on,i. .cna,e �d�.e�ceo on s g ' � �.i,2e �.n my o��.ce. � . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,,, � � . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . a � --� . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . q.: ;,. T �wr�'he�c ce�r�',i.�y �h.a.t b cu.d cop y .i�s a �icu.e and co�vr.ec.t copy � .,� �_ " � o� b a,i,d on,i,g.i.n.a.2 and �he who.�e �he�c.eo�. _ , �s � �;r � ';,,._, �r�s � �� ', ,p,��x� .��i '`. wITN�SS my havtd and �he .aea.e a� �h2 Ci,ty o� Seu.n� Pau,2, �. r '��E�'� at'�� ,. '`� t�a;r� ^}4s I�.f.nYl. �h.c�5 . �29th. . . dCiy � January 80. �._ o . . . . . . . . . . .A.D. 19 . . . ., _ �. � . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . C.eehfz. � f ii I 9 W � �. ;,j � ror�. � WNiTE - CITV �LERK PINK - FINAN�E C I TY OF SA I NT �A U L F 1e ci1N0 �t'j��y�j CANARV - DEPARTMENT � 9 'G �� BLUE � - MAY')q � � � a ncil Resolution . ; Presented By ' Referred To Committee: Date � Out of Committee By Date I 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 12/.11/79, and marked E��3IBIT A, and attached hereto anc7 made a part hereof by reference: DATE OF BOARD M INUTES CASE NO. PROPERTY APPELLANT 12/11/79 42-79-H 661 E. 5th St. Parent Properties (five units) by Kirk Johnson,Manager BOARD ACTION: Granted variance of St. Paul Legislative Code, Section 54.14, to permit occupancy of sleeping room more than � 50/ below grade, on condition that enlarged windows and � window well be installed in accordance with recommenda- � tions of the St. Paul Division of Housing Code Enforcement. Q: � Property Description: Lyman Dayton's Addition ^� Subject to easements, the following North- easterly 1/2 of Lot 7 and all of Lot 6, Block 18 12/11/79 26-79-H 1927-29 Carroll Michael Kurtz and (three units) John Hermes COUNCILI4IEN 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 Yassed by Council Secretary - �— - !�� By Approved by lNavor. Date _ Approved by Mayor for Submission to Council By — By � o- .7TMENT CITY OF SAINT ��AITL Co�„�cil -, , �, oR F�� N o. ��'� Council Resolution .esented By Referred To Committee: Date Out of Committee By Date BOARD ACTION: Granted variance of St. Paul Legislative Code, Section 54.14, to permit occupancy of unit more than 50°,6 below grade, on condition that light and ventilation be brought into code compliance and that at least one window in sleeping room of said unit be enlarged to meet standard exit requirements as recommended by St. Paul Division of Housinq Code Enforcement. Property Description: Merriam Park � - West 1/2 of Lot 11 and all of Lot 10, Block 15 � � -------------------------------------- � � 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 R�=msey County Office of the •Register of Deeds. COUNCILMEN Yeas Nays Requested by Department oE: M�(JI�HON .�� In Favor � Hunt � ` Levine A gai ns t BY Maddox Showalter �� ,JpN 15 1980 Form Approved by City Attorney Adopted b ncil: Date Certi d Passe Cou .il Secret�ry BY ��_�� App v by Mavor: Da ` I�A1 1 7 1QQ(1 Approved by Mayor for Submission to Council gy _t_.Q . �By � PUSL(SHED ,AN 2 � '�an ,3 , � � � �' � � � p t� . .r I v " " `" � ' ' �1 � � ; � �� v'i, Q � � c�ro �ao � � o `�� , 0 ° � A a � ►r _�r tn " � �. "� ,4. � CJ � n 'i' p � z r ,� �"� � � � p-� .�-. � � m � � i O -. O Q- � � (n � � j � ,`� � aCi _" _• � � `G O � s � n � � � (7 �� ' z ro no � � � t� /r�+► C� � � O A ' � = � Z m � �' ' '. �'-' � � � � � � . �N o Q � � ,,r � :.,. c . � � 3 �,��r�M.:. .._ � � -� J 1 1 � C � ��`r � T� 7 �