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271582 WHITE - C�TV CLERK I� OLLLE - M�oRE GITY OF SAINT PAUL�� F1eci1N0. � �����`� CANARV - DEPARTMENT �.. , 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 ratifies 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 July 11, 1978, and Ma.rked EXHIBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MINUTES CASE N0. PROPERTY APPELLANT 7/11/78 22-78-H 744 Simon (five units) Howard L. Huebner BOARD ACTION: Pursuant to Section 55.02 (b) of the St. Paul Legis- lative Code, granted variance of Section 54. 11, to permit occupancy of two apartments where bathrooms are located in hallways outside said apartments' walls. Property�Dcscription: Ware and Hospes Addition, Lot 27, Block 3 # 7/11/78 11-71-H 409 Laurel (12 unite) Curtis M. Lilleboe BOARD ACTION: Pursuant to Section 55.02 (b) of the St. Paul Legis- lative Code, rescinded variance on shared bathrooms � granted on May 26, 1971, because of failure to meet conditions set by the Board when the variance was granted. Property Description: Cochrans Subdivision, Lot 7, Block 11 COUNCILMEIV 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 Yassed by Counc.il Secretary ���_7Y B� l�pproved by Mavor: Date _ Approved by Mayor for Submission to Council BY -- — — BY ' �R��t��� Page 2. DATE OF BOARD MINUTES CASE N0. PROPERTY APPELLANT 7/11/78 28-78-H 592 Grand Ave. Randy B. Johnson (six units) BOARD ACTION: Pursuant to Section 55.02 (b) of the St. Paul Legis- lative Code, granted variance of Section 54. 11, to permit occupancy of four second floor apartments, sharing one bathroom facility, until December 31, 1980. Property Description: Terrace Park Addition, Block 1 thru 8 and Block 12, Lot 8, Block 5 ------------------------ 7/11/78 2-74-H 290 Dayton Ave. Francis R. Hughes (12 units) BOARD ACTION: Pursuant to Section 55 .02 (b) of the St. Paul Legis- lative Code, granted certain extensions of time for performa.nce of work according to schedule drawn up and agreed to by the City of St. Paul Code Enforce- ment Division and the Appellant, Frank R. Hughes, on the items listed in the 6/1/78 Certificate of Occupancy letter to Mr. Hughes. If timetable of said work schedule is not met, the variance granted on shared bathrooms in September, 1974, shall auto- ma.tically be rescinded. Property Description: Auditors Subdivision No. 5, W. 2 5/10 Ft. of N. 2 of Lot 13 and All of Lots 14 and 15 ------------------------- 7/11/78 2-74-H 286-298-294 Dayton Ave. Frank R. Hughes (3 multi-unit buildings) BOARD ACTION: Pursuant to Section 55.02 (b) of the St. Paul Legis- lative Code, affirmed that nothing in the agreement of September, 1974, between the City of St. Paul and Frank R. Hughes, shall preclude the City of St. Paul or any of its agencies from enforcing any regulation of the housing code or of placarding as unfit for human habitation if violations of code are not corrected. WHITE - CI7V CLERI( � � �����(� PINK - FINANCE COURCIl � CANARV - DEPARTMENT GITY OF SAINT PAUL File NO. �� BLU� - MAVOR � . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 3. Property Description: Auditors Subdivision No. 5, W. 2 5/10 of N. 2 of Lot 13 and All of Lots 14 and 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 Ramsey County Off ice of the Register of Deeds . COUNCILME[V Requested by Department of: Yeas Nays .° Butler Hozza [n Favor Hunt Levine _��__ Against BY -- Maddox Showalter ��G � Tedesco..--`- �g�� Form Approved by City Attorney Adopted b�����ouncil� Date — " - �•?7-?'� Certified Pa:- 'by Council Sec�tary �•.. �. 1 jo.j g ';; �s A roved b Ma or for Submission to Council t�p r v d by Mavor: a e _ � :�_ �- � ��'� PP Y Y By — BY PUBLISHED AUG � � 1978 . -5- 7/Il/78 - Meeting No. 142 PROCEEDINGS : Alice Bijjani stated that each of the t�ao units in c�uestion had its own bathroom,which in each case was located in a hallway just outside the unit. She said the Code Enforcement Division had no objection to this arran gement . BOARD ACTION: Chairman Wozniak moved that a variance be granted from Section 54 . 11, , pertaining to the reauirement that hathroom facilities be located within the w a11s of each dwelling unit , t.o permit use of two an artments . i�Ir. Glassr�an seconded. MOTION CARRIED AIVD SO ORDERED. THE VOTE : Ayes - 7 Nayes - 0 Abs ten-�ions - 0 7/11/78 - Nleeting No . 142 MINUTES OF T�IE �ZEETING ST. PAUL BOARD OF APPEALS AND REVIEW Tuesday, July 11, 1978 City Council Committee Room 707 City Ha11 and Court House 1 : 30 p.m. AIEMBERS PRESENT: D. D. ti9ozniak, Chairman Arthur Tieso Estyr Peake Ron Glassman David Heider LeRoy Coleman James Voigt AGENCIES PRESENT: De artmen t of Communit Services - Division of Housing an Buil ing Co e Enforcement : Alice Bij j ani Steve Roy Frank Staffenson Je rry Ke rn Bureau of Environmental Health Wm. McCausland Housing Information Office Missy Staples OTHERS PRESENT: Howard L. Huebener Jerome Hughes T.- Rowe . C. Rosetter Curtis Lilleboe Charles �V. Erickson Frank R. Hughes Randy Johnson STAFF PRESENT: Patricia Moxness , Appeals Board Secretary Chairman D. D. Wozniak called the meeting to order at 1 : 40 p.m. The minutes of the meeting of June 13, 1978, were anvroved as drafted and mailed out to th�• members . Chairman tti'ozniak referred to the Mayor' s letter of May 23, 1978, concerning funding programs for non-owner-occupied housing rehabilitation . After a ' -5- 7/I1/78 - Meeting No. I42 ��71�8� CASE N0. PROPERTY APPELLANT 11- 71-H 409 Laurel Curtis M. Lilleboe (12 units) Because of failure to meet conditions set by the Board when w aiver was granted on shared b athrooms at meeting of 5/26/71, Code Enforcement Division rec{uests case be re-opened. Prior Hearing 6/13/78: Case continued to July meeting. Appellant asked to obtain bids for required repairs and report his decision an feasibility of continued operation of apartment building. APPEARAN CE : Curtis M. Lilleboe PROCEEDINGS : Mr. Lilleboe said he had obtained two bids on the electrical wark, one in writing for $22 , 500, the other, an oral bid of $5,500. He had not obtained a bid on the plumbing, because the plumbing contractor who usually worked for him could not take the time to make an inspection on which ta base a bid. Mr. Tieso expressed disappointmentt�at Mr. Lilleboe had accomplished so little during the month given him to find out the cost and make a decision on operation of the building. Mr. Heider asked what the city proposed to do under the circumstances. He noted that the letter of 5/25/78 gave Mr. Lilleboe until November 24, 1978, to correct deficiencies marked with an asterisk in the letter, and the remaining items were to be corrected by May 15 , 1979 . So, in effect , Mr. Lilleboe was not in violation at this time . Alice Bijjani suggested that the Board might want to restrict the number of persons allowed to share one bathroom by modifying the w aiver granted in 1971 . Of the four apartments on the first floor, three we re sharing one bathroom; on the second floor, six units , all occupied by single people , shared one bathroom; and on the third floor, two units , alsa occupied by single tenants , shared one bathroom. Mr. Heider poin,ted out that Mr. Lilleboe was appearing at today' s meeting at the request of the Code Enforcement Division. - 6- 7/11/78 - Nleeting No . I42 Eie was not appealing the list of items in the city' s letter of S/25/78, ti�hich gave him until November, 1978, for certain �tems (including the lack of a sufficient number of b athrooms) , and until May, I979 for remaining items . �ir. Glassman said the city was asking the Board to rescind the 1971 variance because he had not completed other repairs ordered as a condition of granting that variance . N1r. Heider felt the only consideration for the Board at present was whether tne number of persons sharing bathrooms was a threat to health of the tenants . I�4s . Bi j j ani s tated that the Board could rescind the I9 71 variance , and then start from grourid-zero, perhaps to grant a new variance with restrictions on the number of people sharing bathrooms . Mr. Lilleboe contended that he was being treated unfairly, that it ��ras not his fault he was unable to get all the necessary bids. Besides , he said, he was performing a service in providing needed housing for low-income people . Upgrading the building would make higher rents necessary, which they could not afford to pay. Mr. Tieso said the Board had originally given Mr. Lilleboe 90 days to do the work, and that was seven years ago. Mr. Voigt point out that, had it not been for the existence af the Board of Appeals , Mr. Lilleboe would long ago have lost the opportunity to continue operating the building. Mr. Heider asked, if the Board should rescind the variance , would that force the tenants to vacate, and would the building be placarded? NIs . Bijjani said no, that Mr. Lilleboe had until November, 197$, to either put in more bathrooms or come b ack to the Board with a new appeal. If he failed to take either afthese actions , he would be tagged, but not placarded. BOARD ACTION: Chairman Wozniak moved that the variance on shared bathrooms , granted by the Board on May 26, 1971, be rescinded. Mr. Voigt seconded. MOTION CARRIED AN D SO ORDERED. THE VOTE: Ayes - 7 Nayes - 0 Abstentions - 0 In answer to an inquiry from Mr. Heider, Ms. Bijjani said if Mr. Lilleboe missed the November 24, 1978, deadline , he would be issued a tag. She did not foresee condemnation . Mr. Lilleboe could fiZe an appeal prior to the November deadline, in which case no enforcement action tiaould be taken by the housing code office until the Board made a decision. 7/11/78 - Meeting \'o . 142 - MINUTES OF THE ��EETING ST. PAUL BOARD OF APPEALS A.�TD REVIEtiY Tuesday, July 11, I978 City Council Committee Room 707 City Hall and Court House 1 : 30 p .m. MEMBERS PRESENT: D. D. Wozniak, Chairman Arthur Tieso Estyr Peake Ron Glassman David Heider LeRoy Coleman James Voigt AGENCIES PRESENT: Department of Community Services - Division of Housing anc� Building Co e Enforcement : Alice Bij j ani Steve Roy Frank Staffenson Je rry Ke rn Bureau of Environmental Health Wm. McCausland Housing Information Office Missy Staples OTHERS PRESENT: Howard L. Huebener Jerome Hughes T. Rowe C. Rosetter Curtis Lilleboe Charles W. Erickson Frank R. Hughes Randy Johnson STAFF PRESENT: Patricia Moxness , Appeals Board Secretary Chairman D. D. Wozniak called the meeting to order at I : 40 p.m. The minutes of the meeting of June 13, 1978, were anproved as drafted and mailed out to the members . Chairman Wozniak referred to the Mayor' s letter of May 23, 1978, concerning funding programs for non-owner-occupied housing rehat�ilitation. After a � , �/11/78 - Meeting Mo. 142 - ������ CASE N0. PROPERTY . APPELLANT 28- 78-H 592 Grand Avenue Randy B. Johnson (six units) Request extension of time to correct deficiencies listed in 6/16/78 Certificate of Occup ancy letter, because of fin aneial hardship . APPEARANCE : Randy B . Johnson PROCEEDINGS : Mr. Johnson described his property, saying he had four units on the third floor, four on the second, and at one time had four on the first floor. He was in process of combining three units on the first floor into one large unit , and planned to move into it himself. In the next step of his plan, he was going to move the four people on the third floor down to the second, and then convert the third floor units into :one large apartmen� . . ' -9- 7/Il/78 - A�ieeting Na. '142 After about 22 years , he planned to convert the four second floar units ' into one and combine it with the first floor as one two-story apartment . At this time, Mr. Johnson said his building was listed as an eleven-unit apartment house, but as there was only one bathroom on each floor, shared by all tenants on that floor, and all of the units contained cooking faci- li.ties , it was in violation of code either as a raoming house or an apart- ment house . Rather than install bathrooms in each unit , he had decided to eventually convert to large apartments , operating as a duplex . Alice Bijjani explained that Mr. Jdhnson iaas requesting permission to operate the second floor units as apartments , sharing one b athxoom, for a period of 22 years . Mr. Johnson said each would be occupied by a single persan . The four tenants on the third floor would remain there for another eight months or sor before moving to the second floor. BOARD ACTION: Chairman Wozniak moved to grant a waiver of Sectian 54 .I1, pertaining to the rec{uirement of bathroom facilities within the walls of each dwelling unit, to permit use of four second floor a�artments sharing one bathroom until December 31, 1980. Mr. Glassman seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 7 Nayes 0 Abstentions - 0 7/I1/78 - Nleeting No . <14� MINUTES OF THE A4EETING ST. PAUL BOARD OF APPEALS A.�,TD REVIEW Tuesday, July 11, 1978 City Council Committee Room 7Q7 City Hall and Court House 1 : 30 p .m. MEMBERS PRESENT: D. D. Wozniak, Chairman Arthur Tieso Estyr Peake Ron Glassman David Heider LeRoy Coleman James Voigt AGENCIES PRESENT: Department of Communit Services - Division of Housing and Building Co e En orcement : Alice Bij j ani Steve Roy Frank Staffenson Jerry Kern Bureau of Environmental Health Wm. McCausland Housing Information Office Missy Staples _ OTHERS PRESENT: Howard L. Huebener Jerome Hughes T. _ Rowe C. Rosetter Curtis Lilleboe Charles W. Erickson Frank R. Hughes Randy Johnson STAFF PRESENT: Patricia Moxness , Appeals Boarc� Secretary Chairman D. D. Wozniak called the meeting to order at 1 :40 p.m. The minutes of the meeting of June 13, 1978, were anp raved as drafted and mailed out to the members. Chairman titiozniak referred to the Mayor' s �etter af May 23, 1978, concerning funding programs for non-owner-occupied housing rehabilitation . After a - 6- 7/II/78 - hteetin No. 142 � ���5�� CASE N0. PROPERTY APPELLANT 2- 74-H 286-294 Dayton Avenue Francis R. Hughes (3 multi-unit buildings) Because of failur.e to comply with terms of agreement reached with the city in September, 1974, on which a waiver of shared bathrooms was �redicated, Enforcement Division requests that case be re-opened. - 7- 7/11/78 - Meeting No . 142 Prior Hearing 6/13/78 : Case continued to July meeting. Appellant directed to meet with representatives of Code Enforcement Division to arrive at a timetable of work to make 290 Dayton habitable , with report to be made at July Board meeting. APPEA�ICE: Frank R. Hughes PROCEEDIN GS: Alice Bijjani reported that she had met with Mr. Hughes in June an d they had come to an agreement on a timetable for doing the require d work. on the building at 290 Dayton, using the list included in the Code Enforcement Division' s Certificate of Occupancy letter of June 1 , 1978 . The following numbered items from that list were to be completed by July 27 , 197$ : 10 , 11, 12 , 20 , 22 , 23 , the first part of 24 , 54, 56 , 57, 58 , 63 , 642, and 72 . She said she had stopped by the building that day and found the bathrooms needed cleaning, so she added that item to the foregoing list . The follotiv- ing numbered items were to be taken care of by September 1 , 1978 : 25 , 35, 55 , 59 , 60 , 61, 62 , 64, 65 , and 66 . All remainin g items listed in the 6/1/78 letter were to be completed by January 1, 1979. BOARD ACTION: Chairman Wozniak moved to grant the extensions of time ne�essary for per- formance of the work according to the timetable drawn up and agreed to by the Code Enfozcement Division and the appellant , Frank R. Hughes , on the items listed in the 6/1/78 Certificate of Occupancy lette r for the buildin g at 290 Dayton . If the timetable is not met, the variance granted on the sharing of bathrooms in September, 1974, shall automatically be rescinded. Mr. Heider seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 7 Nayes - 0 Abstentions - 0 Ms . Bijjani stated tliat th�re was some doubt on the part of the Code Enforcement Division as to their legal right to condemn the buildings , because the language of the 1974 agreement seemed to restrict the grounds . for condemnation to violations pertaining to life-safety. There were certain violations , other than life-safety matters , which the housing code office felt should be taken care of immediately. They needed to know if the Board' s previous action in 1974, lifting condemnation, would stand in the way of enforcement action, should Mr. Hughes not complete the work. BOARD ACTION: Chairman Wozniak moved to affirm that nothing in the agr�ement of September, 1974, between the City of St. Paul and Frank R. Hughes , shall preclude the City of St . Paul or any of its agencies from issuing tags for viola- tions of any part of the housing code , or of placardin� as un.fit for human habitation, if violations are not corrected on the p'roperty Iocated at 286-290-294 Dayton . Mr. Heider seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 7 Nayes - 0 Abstentions - 0 7f11/78 - Meeting tito . 142 MINUTES OF THE �1EETING ST. PAUL BOARD OF APPEALS AND REVIE�V Tuesday, July 11, 1978 City Council Committee Room 707 City Hall and Court House 1 : 30 n .m. MEMBERS PRESENT: D. D. tiUozniak, Chairman Arthur Tieso Estyr Peake Ron Glassman David Heider LeRoy Coleman James Voigt AGENCIES PRESEI�TT: De artment of Community Serviees - Division of Housing and Buil ing Co�e Enforcement : Alice Bij j ani Steve Roy Frank Staffenson Je rry Ke rn Bureau of Environmental Health Wm. McCausland Housing Information Office Missy Staples OTHERS PRESENT: Howard L. Huebener Jerome Hughes T.- Rowe C. Rosetter Curtis Lilleboe Charles W. Erickson Frank R. Hughes Randy Johnson STAFF PRESENT: Patricia Moxness , Appeals Board Secretary Chairman D. D. Wozniak called the meeting to order at 1 :40 p.m. The minutes of the meeting of June 13, 1978, were approve d as drafted and mailed out to the members . Chairman Wozniak referred to the Mayor' s letter of May 23, 1978, concerning funding programs for non-owner-occupied housing rehabilitation. After a " - 7- 7/lI/78 - �ieeting No . 142 < Prior Hearing 6/13/78 : Case continued to July meeting. Appellant directed to meet with representatives of Code Enforcement Division to arrive at a timetable of work to make 290 Dayton habitable , with report to be made at July Board meeting. APPEARAVCE: Frank R. Hughes PROCEEDINGS: Alice Bijjani reported that she had met with Mr_ Hughes in June and they had come to an agreement on a timetable for doing the rec{uired work on the building at 290 Dayton, using the list included in the Code Enforcement Division' s Certificate of Occupancy letter of June l , 3978 . The following numbered items from that list were to be completed by July 27, 1978 : 10 , 11, 12 , 20 , 22, 23, the first part of 24 , 54 , 56 , 57, 58 , 63, 64Z, and 72 . She said she had stopped by the building that day and found the bathrooms needed cleaning, so she added that item to the foregoing list . The follow- ing numbered items were to be taken care of by September 1 , 1978 : 25 , 35 , 55 , 59, 60 , 61, 62 , 64, 65 , and 66. All remaining items listed in the 6/1/78 letter were to be completed by January 1 , 1979. BOARD ACTION: Chairman Wozniak moved to grant the extensions of time necessary for per- forman ce of the work according to the timetable drawn up and agreed to by the Code Enfo�ement Division and the appellant , Frank R. Hughes, on the items listed in the 6/1/78 Certificate of Occupancy letter for the building at 290 Dayton . If the timetable is not met, the variance granted on the sharing of bathrooms in September, 1974, shall automatically be rescin ded. Mr. Heider seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 7 Nayes - 0 Abstentions - 0 Ms . Bij j ani stated tliat there was some doubt on the part of the Code Enforcement Division as to their legal right to condemn the b uildings , because the language of the 1974 agreement seemed to restrict the groun ds . for condemnation to violations pertaining to life-safety. There were certain violations , other than life-safety matters, tahich the housing code office felt should be taken care of immediately. They needed to know if the Board' s previous action in 1974, lifting condemn ation, would stand in the way of enforcement action, should Mr. Hughes not complete the work. BOARD ACTION: � Chairman Wozniak moved to affirm that nothing in the agre�ement of September, 1974, between the City of St. Paul and Frank R. Hughes , shall preelude the City of St . Paul or any of its agencies from issuing tags for viola- tions of any part of the housing code , or of placardin� as unfit for human habitation, if violations are not corrected on the property located at 286-290-294 Dayton . Mr. Heider seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 7 Nayes - 0 Abstentions - 0 7/11�78 -- Meeting No . 1.�2 MINUTLS OF THE �7EETING ST. PAUL �30ARD OF APPEALS A:'�D REVIE�V Tuesday, July 11 , 1978 City Council Committee Room 707 City Hall and Court House 1 : 30 p .m. i�tEh7BERS PRESENT: D. D. Wozniak, Chairman Arthur Tieso Estyr Peake Ron Glassman David Heider LeRoy Coleman James Voigt AGENCIES PRESENT: Department of Community Serviees - Division of Housing and Builc�ing Code En orcement : Alice Bij j ani Steve Roy Frank Staffenson Je rry Ke rn Bureau of Environmental He alth Wm. McCausland Housin g Information Office Missy Staples . OTHERS PRESENT: Howard L. Huebener Jerome Hughes T. Rowe C. Rosette r Curtis Lilleboe Charles W. Erickson Frank R. Hughes Randy Johnson STAFF PRESENT: Patricia Moxness , Appeals Baard Secretary Chairman D. D. tiUozniak called the meeting to order at 1 :40 p.m. 'The minutes of the meeting of June 13, 1978 , were anproved as drafted and mailed out to the members . Chairman jvozniak referred to the Mayor' s Ietter of May 23, 1978, concernin g funding programs for non-owner-occupied hausing rehabilitation . After a