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272176 WHITE - GTV GLERK y PINK - FINANCE (jI OF SAINT PAUL Council ����� CANqRV - DEPARTMENT BLUE - M.�vOR File NO. ncil Resolution � Presented By Referred To Committee: Date Out of Committee By Date BE IT RESOLVEDr That the Council of the City of Saint Paul hereby certifies and approves the action of the City of Saint Baul Board of �,ppeals and Review pertaining to the following listed prop�rty and as shown by the Txcerpted Minutes of said Board of A,ppeals and Review, dated Noveinber 14, 1978; and marked E�IIBIfi A, and attached hereto and made a part hereof by reference: DATE OF BOARD - MINIITES CASE NO. PROPERTY APPELLANT 11/14/�-8 41�78-Fi 1594-96 Hague Ave. Charles Graywa (2 Apts. - 6 rooming units) BOARD ACTIONs Granted variance of S�. Paul Legislative Code�, Section 54.11f to permit occupancy of second floor three-room apartment lacking a bathroom facility within its walls, provided no more than two persons occupy said apart- ment, and, al�o, pr�vided that two second floor sleep- ing rooms and third floor sleeping unit, a�ll of whose occupants shnre one bathroom facility on second fYoor with the aforementioned three-room apartment•s tenants, are each restricted to one occupa.nt. S�id variance is granted on condition that stairwell enclosures sh�tll be installed according to code in relation to third floor occupancy, Cbnditioned on compliance with all the above terms, said variance is granted for the lif e-- time o� the structure. Property Description: Schroeder•s Addition ��- 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 '��`� - l'�'� 7� By, t#pproved by :Vlavor: Date _ Approved by Mayor for Submission to Council BY - — BY WHITE - CI7V CLERK ��{���� PINK - FINANCE � /_ CAN/�(iV - DEPARTMENT G I TY OF SA I NT PAITL F le ci1N0. '� BLUE - M/�YOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 2. W. 12 Ft. of Lots 1 and 2 and W. 12 Ft. of is. 1/2 of Lot 3 and all of Lot 6, Block 8 -----------------------�---._-- 11/14/78 42-78-H 77 No„ Milton Patx ic]t Coughlin (25 units) BOARD ACTION: C3ranted variance of St. Paul Legislr�tive Code�, Section 54.13, to permit occnpmncy of basement unit more tha n 50g6 below grade, for the lifetime of the structure. Broperty Description: Summit Faz'k Addition Ex. the S. 60 Ft. Lots 1, 2, and 3, Block 29 -- �--�------------,--------- 11/Y4/78 5-71-H 97 No. Oxford Donald M. Windish -- (sheltered envirorn�ent fa�cility) BOARD AG�ION: Granted a pex'manent waiver of St. Paul Health Code regulation. limiting number of residents in a eheltered environment facility to a ratio of six persons to one bathroom* so as to permit no more than 36 residents to sh�re five bathrooms. Propert� .Desc�iption; Summit pnrk Addition N. 75 Ft. of Lots 27 and 28, Block 42 �------�------------------�-- COU[VC[LMEN 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 � ����Z� � By !#pproved by Ylavor: Date _ Approved by Mayor for Submission to Council BY - – — BY WHITE - CITV CLERK PINK - FINANCE GITY .OF SAINT PAUL Council (-j'� CANI�'RV,- DEPARTMENT File NO. �/���i����•������ BLUE - MRVOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 3. and be it FURTHER RESOLVED, That the City Clerk is hereby authorized and directed to transmit a copy of this reaolution for recording to the Ramsey County Office of the Register of Deeds. COUNCILMEN Requested by Department of: Yeas Nays Butler [n Favor Hozza Hunt Levine __ Against BY Maddox Showalter Tedesco � 7 �78 Form Approved by City Attorney Adopted by Co Date Cer ed Pas- y Council Secretar �� ��^ ' � By �� t�1pp o by :Navor: 4_Q�8 �97a Approved by Mayor for Submission to Council BY — BY -� . ��(�f � � r T f� ' -2 - 11/I4/78 - Meeting No. I45 _ ����� , ,.,� CASE N0. PROPERTY APPELLANT 41- 78-H 1594-96 Hague Ave . Charles Grayum (2 Apts . -6 rooming units) SUBJECT : Request waiver of St . Paul Legislative Code , Section 54. 11 , per— t ning to requirement that bathroom facilities be located within the walls of an apartment, because of financial hardship. APPEARAVCE : Mrs . Charles Grayum, and Thomas LaFond, neighbor PROCEEDINGS : Mrs. Grayum explained that the second floor consisted of one three-room apartment and two sleeping rooms . There was only one b athroom on secon d floor, located in the common hallway, and this was shared by the two sleeping room on third floor in addition to all ten an ts on the secon d floor. There was a bathroom in the basement which was also available to all tenants . Thomas LaFond said he was speaking as an immediate neighbor living in back of 1594 Hague, although he was also a member of Merriam Park Neighborhood Housing Sexvices , an organization dedicated to improving housing in the area an d to preserving it from deterioration . He objected to allowing a building,which was originally a duplex, to be cut up into many smaller units . He said such changes often attra'ct a transient type of tenant with no interest in keeping up area standards , and he also objected to the lack of offstreet parking facilities . He asked the Board to deny the appeal an d to insist that the building revert to its original status as a du�lex. Chairman Wozniak asked if the exterior appearance was objectionable , or if there had been any trouble caused by the tenants . �Ir. LaFond replied that neither of these aspects co�Id be criticized at this time , but he felt there was a nossibility of their occurrence in the future , and once the city starts granting waivers of code , the results would soone� or later bring about neighborhood deterioration . . . � -3- 11/14/78 - Meeting No. 145 Chairman Wozniak said the Board -of Appeals frequently granted such i�aivers � as shared bathrooms . There was an acute shortage of low-income housing available, and they felt it �aas necessary to take a moderate approach in sucli matters . He felt if Merriam Park objected to every variance , regardless of circumstances , that it would be on a collision course with the Board, whose primary purpose was to alleviate hardship. Alice Bijjani stated that the building was legally operable as a five-unit rooming house , because that was the way it was operated at the time the 1975 zoning ordinance became effective . There was an existing vio�ation because the three-room apartment on the second floor lacked bathroam facilities within its walls . The two single rooms on the third floor could be continued in use if the stairwells were enclosed and if a second exit was provided which would be accessible to all second and third floor units . The code alloiaed up to five sleeping rooms to share one bathroom. She said it would be impossible to construct a second exit accessible to aIl units , but suggested a better way to solve the problem was to make the third floor into one unit. Stairwell enclosures would still be required, but the second exit would not . Al1 that would be necessary if this route was taken would be a variance to permit the three-room second floor apart- ment to share the bathroom with the tenant on the third floor and the ,two tenants in �the second floor sleeping rooms. � _ � BOARD ACTION: ' Mr. Glassman moved that a variance be granted to permit tenants of the secon d floor three-room apartment , the tenants of the two second floor sleeping rooms , and the ten ant of the third floor, ta. share the secon d floor bathroom, with the restriction that no more than two persons occupy the three-room unit, that occup ancy of the two second floor sleepin g rooms be limite d to one person in each unit, and that the third floor s�eeping area be limited to one person ; and further, that the necessary code rec{uirements for stairwell enclosures be brought into compliance in relation to the occupancy of the third floor; and that the variance be granted for the lifetime of the structure . Chairman Wozniak seconded. MOTION CARRIED AND SO ORDERED. THE VOTE : Ayes - 5 Nayes - 0 Abstentions - 0 - - - -- ---- -- -- -- -- -- - 0 11/14/78 - Meeting No. �145� ' - MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS AND REVIEW Tuesday, vovember 14, I978 City Council Committee Room 707 City Hall and Court House 1: 30 p.m. MEMBERS PRESENT: D. D. �Nozniak, Chairman Arthur Tieso Ron Glassman Le Roy Coleman James Voigt . , MEMBERS ABSENT: David Heider � Estyr B. Pe�ke ' AGENCIES PRESENT: Department of Community Services - Division of Housing and Building Code Enforcement Alice Bijjani - Steve Roy St. Faul Bureau of Health William McCausland OTHERS PRESENT: Mrs . Charles Grayum Barbara Jeanetta (Merriam Park Neighborhood Housin g Services) Thomas E. LaFond Betty McLaughlin (Nierriam Park Community Council) Keith N. Mazar James Coughlin Patrick Coughlin . Norma Kane Shirley M. Windish Francis R. Hughes LaVonne L. Wicht ' STAFF PRESEiVT: Patricia Moxness , Apneals Board Secretary The meeting was called to order at 1 : 45 p.m. The minutes of the meeting of October 10 , 1978, were approved as mailed out to the members . , •� � - -3- 11/14/78 - Meetin g No. I45 � ��2.�` �� ._ CASE V0. PROPERTY APPELLANT 42-78-H � 77 No. Milton Patrick Coughlin (25 units) SUBJE CT: � eq� uest waiver of St . Paul Legislative� Code provisions pertaining to basement occuvancy and stairsvell enclosures , because of economic and esthetic considerations. ' Previous Hearing 5/9/78 : Case was continued until such time as Certificate of Occupancy inspection report is made available . APPEARAIVCE : Patrick Coughlin, and James Coughlin � t � . . _ --�- lI/14/78 - Meeting No. 145 PROCEEDINGS: Patrick Coughlin said he needed a variance to nermit occupancy of the base- ment unit, which was more than SOo below grade . There had been two problems when the basement unit was first inspected, but both had been corrected and the apartment �aas occupied. The other reason he was appealing was for a waiver of the stairwell enclosure reauirement. He explained that the three-story building had a long hallw a�� on each .floor, with a front and back stairway, each of which had a half-story landing. The code requirement would mean the purchase of 18 new doors , a considerable expense, and re�lace- ment of attractive existing doors which we"r'e more in keeping with the st�le of the original structure . Alice Bijjani stated that if present doors were �-inch thick, thev could be retained with the addition of auto:�atic closures . If the doars were not as thick as required, sheet metal could be applied on the stairside of each door, which would be in compliance with the safety code . Chairman Wozniak suggested that a citv inspector look at the doors in question and if they came reasonably close to the thickness requirement, they should be approved. He agreed with Mr. Coughlin that esthetics we re important . Mr. Tieso remarked that, as Mr. Coughlin had indicated the building was to be completely rewired, now would be the time to install automatic smoke detection devices . These would be required in all rental buildings as of January 1, 1980, and it would be less expensive , as well as add to tenants' safety, to put them in at the time of rewiring. As for the stairwell enclosure problem, b1r. Tieso suggested that hir. Coughlin meet with hausing code personnel to arrive at the best solution to the type of doors that would be permissible , with consideration given to appearance as well as safety. . - Chairman Wozniak told Mr. Coughlin that if agreement could not be reached on all points relating to the stairwell enclosures , he could "return to the Board. Meanwhile , that part of his a�peal would be continued indefinitely. The chairman also noted that Mr. Cougnlin had submitted a $10 filing fee when he rec{uested the re-opening of his case . As he had already naid his fee at the time of his original anplication in April, 1978, the additional fee was not necessary. BUARD ACTION: Chairman i�fozniak moved to grant a waiver of the Legislative Code , Section 54 . 13, pertaining to basement occupancy, to pErmit occupancy of basement unit more than 50% below grade . Mr. Tieso seconded. MOTION CARRIED AWD SO ORDERED. THE VOTE : Ayes - 5 N ayes - 0 Abstentions - Q BOARD ACTION: Chairman Wozniak moved that the filing fee of $10, which ro�ras not required because the fee had already been naid :tihen the original appeal was filed, be refunded. 1�10TI0N CARRIED AND SO ORD�RED. THE VOTE : Ayes - 5 Naves - 0 Abstentions - 0 1 1]./14/78 - Meeting No. �4'� . MINUTES OF THE MEETI�IG ST. PAUL BOARD OF APPEALS AND REVIEW Tuesday, November 14, 1978 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEMBE RS P RESENT: D.D. Wozniak, Chairman Arthur Tieso Ron Glassman LeRoy Coleman James Voigt , MEMBERS ABSF;NT: Dav.id Heider ;�. Estyr B. Pe�ke , AGENCIES PRESENT: Department of Community Services - Division of Housing and Building Code Enforcement Alice Bijjani - Steve Roy St. Paul Bureau of Health William McCausland OTHERS PRESENT: Mrs . Charles Gravum Barbara Jeanetta� (Merriam Park Neighborhood Housing Services) Thomas E. LaFond Betty McLaughlin (Merriam Park Community Council) Keith N. Mazar James Coughlin Patrick Coughlin . Norma Kane Shirley M. Windish Francis R. Hughes LaVonne L. Wicht ' STAFF PRESENT: Patricia Moxness , Apneals Board Secretary The meeting was called to order at 1 : 45 p.m. The minutes of the meeting of October 10 , 1978, were anproved as mailed out to the members . •r -5- 11/14/78 - Meeting No. 145 � ' CASE N0. PROPERTY APPELLANT . 5- 71-H 97 No. Oxford Donald M. Windish ����� (Sheltered environment facility for 36 adults) SUBJECT : At request of St. Paul Division of Health, case is re-opened o�r clarification and re-evaluation of maximum capacity requ�rements in a facility for handicapped adults , because of discrepancy between state an d city re gulations. � APPEARANCE: Wm. McCausland, Health Dept. inspector Mrs . Donald Windish, and No�m�. Kane PROCEEDINGS : Mr. McCausland reviewed the Board action taken at the September, 1974 , meeting, when a temporary waiver was granted until such time as "final rules and regulations of the State of Minnesota are promulgated" by the 1975 State Legislature . The question of whether this facility would come under city or state rules was left unanswered. He stated that city regulations required one bathroom for every six persons, and state rules called for one bathroom for every eight residents . For various reasons , the Windish facility did not come under state regulations, but if city rules applied, the facility did not comply with 'the limitation on number of persons per bathroom. BOARD ACTION: Chairman Wozniak moved, for purposes of clarification of action taken by the Board of Appe als at its meeting of September 10, 1974, that the requirement of one bathroom for each six persons in a sheltered environ- ment under St . Paul Health Code regulations , be waived, so as to permit no more than 36 residents .to share the use of five bathroom facilities . MOTION CARRIED AND SO ORDERED. THE VOTE : Ayes - 5 Nayes - 0 Abstentions - 0 , 1 11/i4/78 - �leeting No. 145' : �IVUTES OF THE MEETIyG i ST. PAUL BOARD OF APPEALS AND REVIEtd Tuesday, November 14, 1978 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEhiBERS PRESENT: D. D. tiVozniak, Chairman Arthur Tieso Ron Glassman LeRoy Coleman James Voigt , MEP•1BERS ABSFNT: David Heider ; Estyr B. Peake ' AGENCIES PRESENT: Detiartment of Community Services - Division of Housing and Building Code Enforcement �lice Bijjani - Steve Roy St. Paul Bureau of Health William McCausland OTHERS PRESENT: Mrs . Charles Grayum Barbara Jeanetta (Merriarn Park :Veighborhoad Housing Services) Thomas E. LaFond Betty McLaughlin (Merriara Park Community Cauncil) Keith N. Mazar James Coughlin Patrick Coughlin . Norma Kane Shirley M. Windish , Francis R. Hughes LaVonne L. Wicht ' STAFF PRESENT: Patricia Moxness , Apveals Baard Secretary The meeting was called to order at 1 : 45 p.m. The minutes of the meeting of October 10 , 1978, were approved as mailed out to the members . A �•