The URL can be used to link to this page

01-237OR1GlNAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Council File # Ol — � Green Sheet # 110291 Committee Date iS 1 BE TT RESOLVED, that the Council of ihe Ciry of Saint Paul hereby certifies and approves the Mazch 6, 2001 2 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 3 Pro e�rt�Ap en aled 4 882 7` Street West 5 Decision: Appeal withdrawn. 6 180 Lexinaton Parkwav South AKA -1095 Osceola Arooellant Gopher State Ethanol Donamae Koppelman 7 Decision: Vaziance granted on nonconforming doors with the following condifions: 1) when the nonconforming 8 doors need to be replaced, they will be replaced with conforming fue rated doors, 2) the building must otherwise 9 be in compliance. 10 193 East Robie Street Peter ponovan 11 Decision: Variance granted on installing approved ceiling vent fans in bathrooms with the following conditions: 12 1) if a City inspector perceives an active problem, mold and mildew buildup, the variance will be terminated and 13 a Legislative Hearing will be scheduled. 14 204 Western 15 Decision: Variance granted on the Minnesota Accessibility Code. Thomas Triplett i ORIGINAL 01-�.3� Requested by Deparunent of: � Form Approved by City Attorney � Adoption Certified by Council Secretary Approved by Mayor for Submission to Council ��.�� -..� -.. . � �-- �./�.L �:i:i �� . � �� AdoptedbyCouncil: Date ��„ �_�� ,��,�t 01-33� GREEN SHEET �� -�� ASSIGN NUMBER FOR �� ROUi1NG ORDER TOTAL � OF SIGNATURE PAGES No 110291 �� ❑ UIYATlORlEY ❑ CIIY4FAK ❑ iHAt1tN1.8ElNleb OR ❑ Ri1111tlY. tFAV/ICCTG ❑ wvonlat�sasraxp ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the Mazch 6, 2001, decisions of the Legislative Hearing Officer on Properry Code Enforcement Appeals for the following addresses: 882 7"' Street West,180 Lexington Pazkway South AKA -1095 Osceola, 204 Western, 193 Robie Street. PLANNING COMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION Has this perso�rm ever worke0 untler a corRract fafhis department? VES NO Fias this persorJfirm ever been a ciry empbyee7 YES NO Dces this person/fiim possess a sldll rwt normalrypossesseU by arry curteM city employee7 YES NO Is this person/firm a fargetetl vendoR YES NO sheet aM attach M nreen sheet IF APPROVED AMOUNT OF TRANSACTION S SOURCE COS7/REYENUE BUDGETED (CIRCLE ON� ACTMTY NUMBER YES NO e� �l:L!liE o � - a-a`1 NOTES OF TF� PROPERTY CODE ENFORCEMENT MEETING Tuesday, March 6, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Terry Iverson, Fire Prevention; Tate Halvorson, License, Inspecrions and Environmental Protecrion, LIEP. 882 7`� Street West, Gopher State Ethanol The appeal was withdrawn. 180 Lexington Parkway South AKA 1095 Osceola (No one appeared to represent this property) Mike Urmann reported to Gerry Strathman that Fire Prevention has no objections to granting a variance, with conditions, on the non-conforming doors. Gerry Strathman granted a variance on the non-conforming doors with the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doars, 2) the building must otherwise be in compliance. 193 East Robie Street Peter ponovan, owner, appeazed and stated this property is a four-plex, and he is appealing the requirement to instail approved ceiling vents in the bathrooms. This building was built in the late 1800's with full plaster walls. One way to install ceiling vents would be to break through the plaster walls and exit out of the roo£ Mr. Donovan has been advised that breaking through the plaster walls could create a fire hazard. All of the bathrooms are located on the inside walls. There are old venting shafts present, but they have been sealed far many years. The staff from LIEP stated that venting through the existing shafts would be noncompliant. One proposal would be to place a screened window, that will not open a11 of the way, in the bathrooms. The opening would be sma11 enough to prevent a small child from crawling through. Terry Iverson, inspector, stated he completed the inspection on the building. The citation was issued in accordance with the Legislative Code and the Uniform Building Code. Every bathroom should have ventilation to prevent mold and mildew build-up, structucal damage, and eliminate health hazzards and odor. In response to Mr. Strathman's question, is there currently a problem with mold or mildew build up, Mr. Iverson responded he did not notice anything excessive. Mr. Donovan stated he has owned this buiiding for three years, and the prior owner had it for over thirty years. No one has ever cited the requirement for ceiling vents. A Certificate of Occupancy inspection was completed two years ago, and the ceiling vents were not mentioned. o. -a� �i Notes of the Property Code Enforcement Hearing 3-6-01 Page 2 In response to Gerry Strathman's question, would it be beneficial to place a vent in the window, Mr. Iverson responded, it would be beneficial to have any type of ventilation in the bathrooms. Mr. Iverson said he is not positive on what the code requirements aze for this type of venrilation. Mr. Strathman asked, will opening the windows have any value, Mr. Iverson responded there is the possibility. Mr. Donovan stated he requested, from LIEP, specifications on code requirements to prepaze for inspections. Aftez describing the building to LIEP, their reaction was it would be difficult to install approved ceiling vents into a building of this age. The vents would bave to go through all of the units, and exit out of the roof of the building. Gerry Strathman granted a variance on installing approved ceiling vent fans in the bathrooms with the following condition: 1) if a City inspector perceives an active problem, mold and mildew build-up, the variance will be terminated and another Legisiarive Hearing will be scheduled. 204 Western Thomas Triplett, President of the College of Visual Arts, appeazed and stated he is the lessee of the properry at 204 Western. The College of Visual Arts is a smali college of art and design that grants bachelor degrees in fine art. The size of the student body has doubled over the past eight years and has created a significant issue of facility space. One program in demand is photography. Currendy there is an inadequate dark room and photo lab in the basement at the main building on Suimuit Avenue. The project for expanding the photo facilities, is to divide the functions between two buildings. The building at 173 Western is owned by the College, and 204 Western is leased. A photo studio has been installed at 173 Western. The expectation is students will commute back and forth beriveen the two buildings. As the cost estimating far this project commenced, three code violations were discovered. 3'he code violations together would essentially double the price of the project. Two of the code violations are related to health and safety. They aze not being disputed. The college is seeking a waiver on the Minnesota Accessibility Code. Mr. Triplett stated Merle Hansen, architect, advised that the cost of the disability access plan would exceed 20% of the total project cost. The exemption, listed in the City code, states if the project requires significant structural change, to the basic infrastructure of the building itself, a waiver or exemption could be granted. Mr. Triplett said one option is to construct a ramp on the east side of the building, 204 Western, that would gradually slope down underground. Excavation to the floor of the basement level would be required to achieve this. It is the excauation at the basement level, along with drainage, that could cause construction to go into the actual structure of the building, which is an inestimable cost. An alternative plan has been proposed to construct within the photo studio space, at 173 Western, the same enlazger facility. The one function that could not be perform is color processing. It is a very expensive machine that cannot be replicated. This function is performed mostly by academic staff personneL It is not the intentions of the college to avoid obligafions for disabled persons, but to haue all other functions performed at 173 Western, wkuch is fully equipped for the disabled. o � -a-'� `l Notes of the Properry Code Enforcement Hearing 3-6-01 Page 3 In response to Mr. Strathman's question, would a disabled student perceive it to be a disadvantage using alternative facilities, Mr. Triplett responded the college has committed to hold all of the curriculum in a classroom. Only one phase of the photography operation, use of the color processor, would be unavailable. Tate Halvorson, LIEP, appeazed and stated flus is a change of occupancy and change of use. The building code states, when feasible the building should be code compliant and the Americans with Disabilities Act is included. The Americans with Disabilities Act contains a guideline that states 20% is a reasonable figure. There has not been any evidence presented that different options have been investigated. One option would be to install a partially covered walkway, with a steeper slope, that would not have any issues with connection to a storm sewer. In response to Mr. Halverson's question, enlazgers would not be auailable, Mr. Tate responded there will be an enlarger station in the building, 173 Western, that will be fully accessible. The color processor is the only machine that will be unaccessible because it is to expensive to replicate. Mr. Halvorson asked if the color processing is considered a creative part of creating color photography, and in general does staff process the film. John Dufresne, Department Chair of Visual Communications, appeared and responded the only function a disabled student will be unable to perform is the act of feeding film into the color processor. An able-body person could receive the exposed film, and carry it in a light protective folder to 204 Western for developing. There is no creative side to color processing, however, black and white film development is a manipulative develop process. The building at 173 Western has accessible resources for black and white film development. Merle Hansen, Collins Hanson Architects, appeazed and stated that the option of a partially closed walkway was not investigated. However, two other options were. One opfion would be to install a ramp on the exterior of the building. This particular building, 204 Western, is located right on a corner, literally right on the sidewalk. The lower level is approximately four to five feet below grade. It is not possible to do anything on Western or Dayton Street. Any access would have to be accomplished inside the lobby or between two buildings. There are two apartment buildings with approximately twenty feet between them When investigating installing a ramp between the two buildings, and accessing through a window where a new door could be cut, it was xealized that tkie footing was right below the slab. It was speculated that if the ramp was dropped down, some underpivuing might be required. The other option is to provide a lift, the lift alone was part of the expense, but a part of an apartment would have to be removed to make this work. Mr. Hansen stated there may be other alternafives, but the two that were investigated were felt to provide the best options. In response to Mr. Strathman's question, is it likely that other options could prove to be less e�ensive, Mr. Hansen responded there is always another option, however, 25% or 18% of the o � -a-� �7 cost is stili a major part of this project. Notes of the Properry Code Enforcement Hearing 3-6-01 Page 4 Mr. Halvorson asked if the lease on the building is a short term lease, and is it anticipated that this is a short term solution. Mr. Triplett responded ultimately this is a temporary solution, how long it will be a temporary solution hinges on factors that aze inconceivable at this time. The lease nws for three more yeazs, and the college is expecting to use the facility during this time. The colleges ultimate goal is to have all of our spaces inside"the buildings the college owns. Mr. Halvorson stated at one point there was a proposal to lease both basements of the adjoining buildings, to use for college facilities. Mr. Triplett said the originai plan called far both building basements, but the cost factors involved have put that proposal on hold. If a waiver is granted there is no certainty that the college will be able to come up with resources because of the escalating costs. However, tlus is something the college needs to make it a possibility. Mr. Strathman stated the applicant has demonstrated that there are practical difficulties involved that justify a waiver. Gerry Strathman granted a waiver on the Minnesota Accessibility Code. The meeting was adjourned at 1:57 p.m. sjw OR1GlNAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Council File # Ol — � Green Sheet # 110291 Committee Date iS 1 BE TT RESOLVED, that the Council of ihe Ciry of Saint Paul hereby certifies and approves the Mazch 6, 2001 2 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 3 Pro e�rt�Ap en aled 4 882 7` Street West 5 Decision: Appeal withdrawn. 6 180 Lexinaton Parkwav South AKA -1095 Osceola Arooellant Gopher State Ethanol Donamae Koppelman 7 Decision: Vaziance granted on nonconforming doors with the following condifions: 1) when the nonconforming 8 doors need to be replaced, they will be replaced with conforming fue rated doors, 2) the building must otherwise 9 be in compliance. 10 193 East Robie Street Peter ponovan 11 Decision: Variance granted on installing approved ceiling vent fans in bathrooms with the following conditions: 12 1) if a City inspector perceives an active problem, mold and mildew buildup, the variance will be terminated and 13 a Legislative Hearing will be scheduled. 14 204 Western 15 Decision: Variance granted on the Minnesota Accessibility Code. Thomas Triplett i ORIGINAL 01-�.3� Requested by Deparunent of: � Form Approved by City Attorney � Adoption Certified by Council Secretary Approved by Mayor for Submission to Council ��.�� -..� -.. . � �-- �./�.L �:i:i �� . � �� AdoptedbyCouncil: Date ��„ �_�� ,��,�t 01-33� GREEN SHEET �� -�� ASSIGN NUMBER FOR �� ROUi1NG ORDER TOTAL � OF SIGNATURE PAGES No 110291 �� ❑ UIYATlORlEY ❑ CIIY4FAK ❑ iHAt1tN1.8ElNleb OR ❑ Ri1111tlY. tFAV/ICCTG ❑ wvonlat�sasraxp ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the Mazch 6, 2001, decisions of the Legislative Hearing Officer on Properry Code Enforcement Appeals for the following addresses: 882 7"' Street West,180 Lexington Pazkway South AKA -1095 Osceola, 204 Western, 193 Robie Street. PLANNING COMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION Has this perso�rm ever worke0 untler a corRract fafhis department? VES NO Fias this persorJfirm ever been a ciry empbyee7 YES NO Dces this person/fiim possess a sldll rwt normalrypossesseU by arry curteM city employee7 YES NO Is this person/firm a fargetetl vendoR YES NO sheet aM attach M nreen sheet IF APPROVED AMOUNT OF TRANSACTION S SOURCE COS7/REYENUE BUDGETED (CIRCLE ON� ACTMTY NUMBER YES NO e� �l:L!liE o � - a-a`1 NOTES OF TF� PROPERTY CODE ENFORCEMENT MEETING Tuesday, March 6, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Terry Iverson, Fire Prevention; Tate Halvorson, License, Inspecrions and Environmental Protecrion, LIEP. 882 7`� Street West, Gopher State Ethanol The appeal was withdrawn. 180 Lexington Parkway South AKA 1095 Osceola (No one appeared to represent this property) Mike Urmann reported to Gerry Strathman that Fire Prevention has no objections to granting a variance, with conditions, on the non-conforming doors. Gerry Strathman granted a variance on the non-conforming doors with the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doars, 2) the building must otherwise be in compliance. 193 East Robie Street Peter ponovan, owner, appeazed and stated this property is a four-plex, and he is appealing the requirement to instail approved ceiling vents in the bathrooms. This building was built in the late 1800's with full plaster walls. One way to install ceiling vents would be to break through the plaster walls and exit out of the roo£ Mr. Donovan has been advised that breaking through the plaster walls could create a fire hazard. All of the bathrooms are located on the inside walls. There are old venting shafts present, but they have been sealed far many years. The staff from LIEP stated that venting through the existing shafts would be noncompliant. One proposal would be to place a screened window, that will not open a11 of the way, in the bathrooms. The opening would be sma11 enough to prevent a small child from crawling through. Terry Iverson, inspector, stated he completed the inspection on the building. The citation was issued in accordance with the Legislative Code and the Uniform Building Code. Every bathroom should have ventilation to prevent mold and mildew build-up, structucal damage, and eliminate health hazzards and odor. In response to Mr. Strathman's question, is there currently a problem with mold or mildew build up, Mr. Iverson responded he did not notice anything excessive. Mr. Donovan stated he has owned this buiiding for three years, and the prior owner had it for over thirty years. No one has ever cited the requirement for ceiling vents. A Certificate of Occupancy inspection was completed two years ago, and the ceiling vents were not mentioned. o. -a� �i Notes of the Property Code Enforcement Hearing 3-6-01 Page 2 In response to Gerry Strathman's question, would it be beneficial to place a vent in the window, Mr. Iverson responded, it would be beneficial to have any type of ventilation in the bathrooms. Mr. Iverson said he is not positive on what the code requirements aze for this type of venrilation. Mr. Strathman asked, will opening the windows have any value, Mr. Iverson responded there is the possibility. Mr. Donovan stated he requested, from LIEP, specifications on code requirements to prepaze for inspections. Aftez describing the building to LIEP, their reaction was it would be difficult to install approved ceiling vents into a building of this age. The vents would bave to go through all of the units, and exit out of the roof of the building. Gerry Strathman granted a variance on installing approved ceiling vent fans in the bathrooms with the following condition: 1) if a City inspector perceives an active problem, mold and mildew build-up, the variance will be terminated and another Legisiarive Hearing will be scheduled. 204 Western Thomas Triplett, President of the College of Visual Arts, appeazed and stated he is the lessee of the properry at 204 Western. The College of Visual Arts is a smali college of art and design that grants bachelor degrees in fine art. The size of the student body has doubled over the past eight years and has created a significant issue of facility space. One program in demand is photography. Currendy there is an inadequate dark room and photo lab in the basement at the main building on Suimuit Avenue. The project for expanding the photo facilities, is to divide the functions between two buildings. The building at 173 Western is owned by the College, and 204 Western is leased. A photo studio has been installed at 173 Western. The expectation is students will commute back and forth beriveen the two buildings. As the cost estimating far this project commenced, three code violations were discovered. 3'he code violations together would essentially double the price of the project. Two of the code violations are related to health and safety. They aze not being disputed. The college is seeking a waiver on the Minnesota Accessibility Code. Mr. Triplett stated Merle Hansen, architect, advised that the cost of the disability access plan would exceed 20% of the total project cost. The exemption, listed in the City code, states if the project requires significant structural change, to the basic infrastructure of the building itself, a waiver or exemption could be granted. Mr. Triplett said one option is to construct a ramp on the east side of the building, 204 Western, that would gradually slope down underground. Excavation to the floor of the basement level would be required to achieve this. It is the excauation at the basement level, along with drainage, that could cause construction to go into the actual structure of the building, which is an inestimable cost. An alternative plan has been proposed to construct within the photo studio space, at 173 Western, the same enlazger facility. The one function that could not be perform is color processing. It is a very expensive machine that cannot be replicated. This function is performed mostly by academic staff personneL It is not the intentions of the college to avoid obligafions for disabled persons, but to haue all other functions performed at 173 Western, wkuch is fully equipped for the disabled. o � -a-'� `l Notes of the Properry Code Enforcement Hearing 3-6-01 Page 3 In response to Mr. Strathman's question, would a disabled student perceive it to be a disadvantage using alternative facilities, Mr. Triplett responded the college has committed to hold all of the curriculum in a classroom. Only one phase of the photography operation, use of the color processor, would be unavailable. Tate Halvorson, LIEP, appeazed and stated flus is a change of occupancy and change of use. The building code states, when feasible the building should be code compliant and the Americans with Disabilities Act is included. The Americans with Disabilities Act contains a guideline that states 20% is a reasonable figure. There has not been any evidence presented that different options have been investigated. One option would be to install a partially covered walkway, with a steeper slope, that would not have any issues with connection to a storm sewer. In response to Mr. Halverson's question, enlazgers would not be auailable, Mr. Tate responded there will be an enlarger station in the building, 173 Western, that will be fully accessible. The color processor is the only machine that will be unaccessible because it is to expensive to replicate. Mr. Halvorson asked if the color processing is considered a creative part of creating color photography, and in general does staff process the film. John Dufresne, Department Chair of Visual Communications, appeared and responded the only function a disabled student will be unable to perform is the act of feeding film into the color processor. An able-body person could receive the exposed film, and carry it in a light protective folder to 204 Western for developing. There is no creative side to color processing, however, black and white film development is a manipulative develop process. The building at 173 Western has accessible resources for black and white film development. Merle Hansen, Collins Hanson Architects, appeazed and stated that the option of a partially closed walkway was not investigated. However, two other options were. One opfion would be to install a ramp on the exterior of the building. This particular building, 204 Western, is located right on a corner, literally right on the sidewalk. The lower level is approximately four to five feet below grade. It is not possible to do anything on Western or Dayton Street. Any access would have to be accomplished inside the lobby or between two buildings. There are two apartment buildings with approximately twenty feet between them When investigating installing a ramp between the two buildings, and accessing through a window where a new door could be cut, it was xealized that tkie footing was right below the slab. It was speculated that if the ramp was dropped down, some underpivuing might be required. The other option is to provide a lift, the lift alone was part of the expense, but a part of an apartment would have to be removed to make this work. Mr. Hansen stated there may be other alternafives, but the two that were investigated were felt to provide the best options. In response to Mr. Strathman's question, is it likely that other options could prove to be less e�ensive, Mr. Hansen responded there is always another option, however, 25% or 18% of the o � -a-� �7 cost is stili a major part of this project. Notes of the Properry Code Enforcement Hearing 3-6-01 Page 4 Mr. Halvorson asked if the lease on the building is a short term lease, and is it anticipated that this is a short term solution. Mr. Triplett responded ultimately this is a temporary solution, how long it will be a temporary solution hinges on factors that aze inconceivable at this time. The lease nws for three more yeazs, and the college is expecting to use the facility during this time. The colleges ultimate goal is to have all of our spaces inside"the buildings the college owns. Mr. Halvorson stated at one point there was a proposal to lease both basements of the adjoining buildings, to use for college facilities. Mr. Triplett said the originai plan called far both building basements, but the cost factors involved have put that proposal on hold. If a waiver is granted there is no certainty that the college will be able to come up with resources because of the escalating costs. However, tlus is something the college needs to make it a possibility. Mr. Strathman stated the applicant has demonstrated that there are practical difficulties involved that justify a waiver. Gerry Strathman granted a waiver on the Minnesota Accessibility Code. The meeting was adjourned at 1:57 p.m. sjw OR1GlNAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Council File # Ol — � Green Sheet # 110291 Committee Date iS 1 BE TT RESOLVED, that the Council of ihe Ciry of Saint Paul hereby certifies and approves the Mazch 6, 2001 2 decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 3 Pro e�rt�Ap en aled 4 882 7` Street West 5 Decision: Appeal withdrawn. 6 180 Lexinaton Parkwav South AKA -1095 Osceola Arooellant Gopher State Ethanol Donamae Koppelman 7 Decision: Vaziance granted on nonconforming doors with the following condifions: 1) when the nonconforming 8 doors need to be replaced, they will be replaced with conforming fue rated doors, 2) the building must otherwise 9 be in compliance. 10 193 East Robie Street Peter ponovan 11 Decision: Variance granted on installing approved ceiling vent fans in bathrooms with the following conditions: 12 1) if a City inspector perceives an active problem, mold and mildew buildup, the variance will be terminated and 13 a Legislative Hearing will be scheduled. 14 204 Western 15 Decision: Variance granted on the Minnesota Accessibility Code. Thomas Triplett i ORIGINAL 01-�.3� Requested by Deparunent of: � Form Approved by City Attorney � Adoption Certified by Council Secretary Approved by Mayor for Submission to Council ��.�� -..� -.. . � �-- �./�.L �:i:i �� . � �� AdoptedbyCouncil: Date ��„ �_�� ,��,�t 01-33� GREEN SHEET �� -�� ASSIGN NUMBER FOR �� ROUi1NG ORDER TOTAL � OF SIGNATURE PAGES No 110291 �� ❑ UIYATlORlEY ❑ CIIY4FAK ❑ iHAt1tN1.8ElNleb OR ❑ Ri1111tlY. tFAV/ICCTG ❑ wvonlat�sasraxp ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the Mazch 6, 2001, decisions of the Legislative Hearing Officer on Properry Code Enforcement Appeals for the following addresses: 882 7"' Street West,180 Lexington Pazkway South AKA -1095 Osceola, 204 Western, 193 Robie Street. PLANNING COMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSION Has this perso�rm ever worke0 untler a corRract fafhis department? VES NO Fias this persorJfirm ever been a ciry empbyee7 YES NO Dces this person/fiim possess a sldll rwt normalrypossesseU by arry curteM city employee7 YES NO Is this person/firm a fargetetl vendoR YES NO sheet aM attach M nreen sheet IF APPROVED AMOUNT OF TRANSACTION S SOURCE COS7/REYENUE BUDGETED (CIRCLE ON� ACTMTY NUMBER YES NO e� �l:L!liE o � - a-a`1 NOTES OF TF� PROPERTY CODE ENFORCEMENT MEETING Tuesday, March 6, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Terry Iverson, Fire Prevention; Tate Halvorson, License, Inspecrions and Environmental Protecrion, LIEP. 882 7`� Street West, Gopher State Ethanol The appeal was withdrawn. 180 Lexington Parkway South AKA 1095 Osceola (No one appeared to represent this property) Mike Urmann reported to Gerry Strathman that Fire Prevention has no objections to granting a variance, with conditions, on the non-conforming doors. Gerry Strathman granted a variance on the non-conforming doors with the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doars, 2) the building must otherwise be in compliance. 193 East Robie Street Peter ponovan, owner, appeazed and stated this property is a four-plex, and he is appealing the requirement to instail approved ceiling vents in the bathrooms. This building was built in the late 1800's with full plaster walls. One way to install ceiling vents would be to break through the plaster walls and exit out of the roo£ Mr. Donovan has been advised that breaking through the plaster walls could create a fire hazard. All of the bathrooms are located on the inside walls. There are old venting shafts present, but they have been sealed far many years. The staff from LIEP stated that venting through the existing shafts would be noncompliant. One proposal would be to place a screened window, that will not open a11 of the way, in the bathrooms. The opening would be sma11 enough to prevent a small child from crawling through. Terry Iverson, inspector, stated he completed the inspection on the building. The citation was issued in accordance with the Legislative Code and the Uniform Building Code. Every bathroom should have ventilation to prevent mold and mildew build-up, structucal damage, and eliminate health hazzards and odor. In response to Mr. Strathman's question, is there currently a problem with mold or mildew build up, Mr. Iverson responded he did not notice anything excessive. Mr. Donovan stated he has owned this buiiding for three years, and the prior owner had it for over thirty years. No one has ever cited the requirement for ceiling vents. A Certificate of Occupancy inspection was completed two years ago, and the ceiling vents were not mentioned. o. -a� �i Notes of the Property Code Enforcement Hearing 3-6-01 Page 2 In response to Gerry Strathman's question, would it be beneficial to place a vent in the window, Mr. Iverson responded, it would be beneficial to have any type of ventilation in the bathrooms. Mr. Iverson said he is not positive on what the code requirements aze for this type of venrilation. Mr. Strathman asked, will opening the windows have any value, Mr. Iverson responded there is the possibility. Mr. Donovan stated he requested, from LIEP, specifications on code requirements to prepaze for inspections. Aftez describing the building to LIEP, their reaction was it would be difficult to install approved ceiling vents into a building of this age. The vents would bave to go through all of the units, and exit out of the roof of the building. Gerry Strathman granted a variance on installing approved ceiling vent fans in the bathrooms with the following condition: 1) if a City inspector perceives an active problem, mold and mildew build-up, the variance will be terminated and another Legisiarive Hearing will be scheduled. 204 Western Thomas Triplett, President of the College of Visual Arts, appeazed and stated he is the lessee of the properry at 204 Western. The College of Visual Arts is a smali college of art and design that grants bachelor degrees in fine art. The size of the student body has doubled over the past eight years and has created a significant issue of facility space. One program in demand is photography. Currendy there is an inadequate dark room and photo lab in the basement at the main building on Suimuit Avenue. The project for expanding the photo facilities, is to divide the functions between two buildings. The building at 173 Western is owned by the College, and 204 Western is leased. A photo studio has been installed at 173 Western. The expectation is students will commute back and forth beriveen the two buildings. As the cost estimating far this project commenced, three code violations were discovered. 3'he code violations together would essentially double the price of the project. Two of the code violations are related to health and safety. They aze not being disputed. The college is seeking a waiver on the Minnesota Accessibility Code. Mr. Triplett stated Merle Hansen, architect, advised that the cost of the disability access plan would exceed 20% of the total project cost. The exemption, listed in the City code, states if the project requires significant structural change, to the basic infrastructure of the building itself, a waiver or exemption could be granted. Mr. Triplett said one option is to construct a ramp on the east side of the building, 204 Western, that would gradually slope down underground. Excavation to the floor of the basement level would be required to achieve this. It is the excauation at the basement level, along with drainage, that could cause construction to go into the actual structure of the building, which is an inestimable cost. An alternative plan has been proposed to construct within the photo studio space, at 173 Western, the same enlazger facility. The one function that could not be perform is color processing. It is a very expensive machine that cannot be replicated. This function is performed mostly by academic staff personneL It is not the intentions of the college to avoid obligafions for disabled persons, but to haue all other functions performed at 173 Western, wkuch is fully equipped for the disabled. o � -a-'� `l Notes of the Properry Code Enforcement Hearing 3-6-01 Page 3 In response to Mr. Strathman's question, would a disabled student perceive it to be a disadvantage using alternative facilities, Mr. Triplett responded the college has committed to hold all of the curriculum in a classroom. Only one phase of the photography operation, use of the color processor, would be unavailable. Tate Halvorson, LIEP, appeazed and stated flus is a change of occupancy and change of use. The building code states, when feasible the building should be code compliant and the Americans with Disabilities Act is included. The Americans with Disabilities Act contains a guideline that states 20% is a reasonable figure. There has not been any evidence presented that different options have been investigated. One option would be to install a partially covered walkway, with a steeper slope, that would not have any issues with connection to a storm sewer. In response to Mr. Halverson's question, enlazgers would not be auailable, Mr. Tate responded there will be an enlarger station in the building, 173 Western, that will be fully accessible. The color processor is the only machine that will be unaccessible because it is to expensive to replicate. Mr. Halvorson asked if the color processing is considered a creative part of creating color photography, and in general does staff process the film. John Dufresne, Department Chair of Visual Communications, appeared and responded the only function a disabled student will be unable to perform is the act of feeding film into the color processor. An able-body person could receive the exposed film, and carry it in a light protective folder to 204 Western for developing. There is no creative side to color processing, however, black and white film development is a manipulative develop process. The building at 173 Western has accessible resources for black and white film development. Merle Hansen, Collins Hanson Architects, appeazed and stated that the option of a partially closed walkway was not investigated. However, two other options were. One opfion would be to install a ramp on the exterior of the building. This particular building, 204 Western, is located right on a corner, literally right on the sidewalk. The lower level is approximately four to five feet below grade. It is not possible to do anything on Western or Dayton Street. Any access would have to be accomplished inside the lobby or between two buildings. There are two apartment buildings with approximately twenty feet between them When investigating installing a ramp between the two buildings, and accessing through a window where a new door could be cut, it was xealized that tkie footing was right below the slab. It was speculated that if the ramp was dropped down, some underpivuing might be required. The other option is to provide a lift, the lift alone was part of the expense, but a part of an apartment would have to be removed to make this work. Mr. Hansen stated there may be other alternafives, but the two that were investigated were felt to provide the best options. In response to Mr. Strathman's question, is it likely that other options could prove to be less e�ensive, Mr. Hansen responded there is always another option, however, 25% or 18% of the o � -a-� �7 cost is stili a major part of this project. Notes of the Properry Code Enforcement Hearing 3-6-01 Page 4 Mr. Halvorson asked if the lease on the building is a short term lease, and is it anticipated that this is a short term solution. Mr. Triplett responded ultimately this is a temporary solution, how long it will be a temporary solution hinges on factors that aze inconceivable at this time. The lease nws for three more yeazs, and the college is expecting to use the facility during this time. The colleges ultimate goal is to have all of our spaces inside"the buildings the college owns. Mr. Halvorson stated at one point there was a proposal to lease both basements of the adjoining buildings, to use for college facilities. Mr. Triplett said the originai plan called far both building basements, but the cost factors involved have put that proposal on hold. If a waiver is granted there is no certainty that the college will be able to come up with resources because of the escalating costs. However, tlus is something the college needs to make it a possibility. Mr. Strathman stated the applicant has demonstrated that there are practical difficulties involved that justify a waiver. Gerry Strathman granted a waiver on the Minnesota Accessibility Code. The meeting was adjourned at 1:57 p.m. sjw