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269337 WHITE - CI7V CLERK ��/'��/1� PINK - FINANCE COIIRCll � .1 CANARY..- DE°A�TMENT GITY OF SAINT PALTL V � BLUE - MAVO File NO. - C u il Resolution Presented By Referred To Committee: Date Out of Committee By Date � � - BE IT RESOLVED, That the Council of the City of Saint Paul he�e.- � . by ratifie� and approves the action of the City of Saint Paul Board of Appeals and Review pertaining to the following listed property as shown by th.e Excerpted Minutes of said Board of Appeals and Review, dated ,Tune 14, 1977, and marked EXHIBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT 6/14%77 13-77-H 668-674 E. 4th St. Clarence A. Lindeke (13 units) BOARD ACTION: Granted Waiver of St. Paul Leg�.slative Code requirement of fire doors and stairwell enclosures, on condition that an approved fire and smoke detection alarm system � be installed no later than July 15, 1977. Property Description: Lyman Dayton' s Addition, Lots 22 and 23, Block 32. -------------------- 6/14/77 27-77-H 619 North St. Paul Sprosty (four unit�) ' BOARD ACTION: Granted Waiver of St. Paul Legislative Code, Section 54.,11, pertaining to requirement of bathroom facilitie�-withim• walls of each dwelling unit, so as to allow one shaY.``ed bathroom for two dwelling units, with the restriction that no more than two persons occupy each of the said uni.ts, COUNGLMEN Requested by Department of: Yeas Nays Butler Hozza [n Favor Hunt Levine __ Against BY Roedler Sylvester . Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayoc Date _ Approved by Mayor for Submission to Council By BY � � �* �69�3�7 2. DATE OF BOARD MINUTES CASE PROPERTY APPELLANT 6/14/77 2�-77-H Continued: and provided all repairs listed in Survey Letter of 4/14/77 be completed no later than September 15, 1977. Property Description: Irvine' s Second Addition - W '� of E '� of Lot 9 and S 78 ft. of following W '� of Lot 9, E 15 ft. of Lot 11 and all of Lot 10, Block 12. -------------------- 6�14/77 29-77-H 820 No. Albert St. Leo Kukacka (three units) BOARD ACTION: Granted Waiver of St. Paul Legislative Code provision pertaining to Basement Occupancies, with reference to Apartment #k3. Property Description: College Place East Division - S 3 ft. of W 115 ft. of Lot 2 and N 43 ft. of Lot 3 -- also, the S 2 ft. of N 45 ft. of W 31 ft. of E 98 ft. of Lot 3, Block 13. --------------------- 6/14/77 31-77-H 439 N. Fairview MERJGD Properties (six units) by David Ries BOARD ACTION: Granted Waiver of St. Paul Legislative Code, Section 54.14, pertaining to light and ventilation, with reference to Apartments #p5 and #p6, provided windows in Apartment ##6 be altered in a manner approved by St. Paul Housing Code Enforcement Division, to allow their use as an emergency exit. Property Description: Union Park, Lot 37. -------------------- WH�TE - CITV CLERK 5����('�� C NARY�- D�F+:�ZTMENT R COIlI1C1I tit V BLUE - /�AVOR GITY OF SAINT PAITL File NO. � � � 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 resolution for recording to the. Ramsey County Office of the Register of Deeds. COU[VCILMEN Requested by Department of: Yeas Nays � Butler �,r,L�..,. In Favor Hunt �, Levine _ __ Against BY Roedler Sylvester � Tedesc �UL 5� �977 PP Y Y Y � Form A r Cit Attorne � Adopted Council: Date Ce ified Pass y Coun � ecretary BY � � Appr ve by Mavor: D e _ .�U�- � Z 1977 Appr v d by Mayor for Submis i t Council By BY PuausHEO JUL 16 1977 rxM�a� 663-674 E. 4th St. �— - - 6/14J77 - Meeting No. 130 ����� GASE N0. PROPERTY APPELL�INT 13- 77-H 668-674 E . 4th St. (13 units) , Clarence A. Lindeke SUBJECT: equest aiver of St. Paul Legislative Code provisions requiring instal- lation of fire doors •and stairwell enclosures in all front entrances , because of lack of space. Prior Hearing 5/10/77: Case continued to June meeting. Appellant and city building inspector to meet and come to mutual agreement on solution of fire safety problem before June Board meeting. Prior Hearing 4/12/77: Granted Waivers on hand lavatories in two bath- rooms and on the installation of a complete new bathraom facility where two units shared one b athroom; hearing on remaining item, fire door an d stairwell enclosure requixements , continued to May meeting. APPEARANCE: Clarence A. Lindeke PROCEEDINGS: Mr. Lindeke reported that he had met with Dan Person, City �uil ing Inspector, and it had beeri mutually agreed that the installation - of approved smoke detectors would constitute a reasonable compromise in acFiieving fire safety� protection to tenan�s as a substitute for the code requirements o� fire doors and stairwelT enclosures. Mr. Lindeke said he had obtained bids from two electricians and was awaiting a t�ird on the smoke detector installation. BOARD ACTION: Mr. Glassman moved that the requiremant in the Fire Code � of fire oors and stairwell enclosures be waived, on condition that an approved fire and smoke detection alarm system be installe d by July 15, 1977. Mr. Heide�r seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 4 Nayes - 0 Abstentions - 0 _ (Nir. Voigt was not present at the above proceedings , but arrived shortly � after the following case hearing was begun.) ' - - --- -------- ---- --- . . 6/14/77 - Meeting Na: 1StJ �_ Cassette Tape No. 142 ' MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS AND REVIEW Tuesday, June 14, 1977 City Council Committee Room 7(}7 City Hall and Court House 1: 30 p.m. MEMBERS PRESENT: D. Donald Wozniak, Chairman Ronald Glassman David Heider Estyr Bradley Peake James Voigt NI�MBER ABSENT: Arthur Tieso AGENCIES PRESENT: Department of Community Services - Division of Housing and Building Code Enforcement : Frank Staffenson Steve Roy Doug Schwab Jerry Kern Wallace Holmstrom Fire Prevention Bureau: Dan Norrgran Jim Tucker OTHERS PRESENT: Mr. F� Mrso Paul Sprosty, Appellants Scott Tilsen, Appellant Joseph Stein, Appellant Clarence A. Lindeke, Appellant J. W. Heyne , Appellant " Leo Kukacka, Appellant Ray Weber David Ries, Appellant Raymond Farrell, Apgellant STAFF PRESE�tT: Patricia Moxness, Appeals Board Secretary The meeting was called to order at 1: 45 p.m. The minutes of the meeting of May 10 , 1977, were approved as mailed out to the members. ' � -4- 6/14/77 - Meeting No. 130 ������ CASE N0. PROPERTY APPELLANT � 27-77-H 619 North St. (four units) PauT Sprosty SUBJECT: Request Waiver of St. Paul Legislative Code, Section 54. 11, pertai ng to shared bathrooms , so as to obtain Certificate of Occupancy, because of minimum use by tenants and high cost; also, one tenant in poor health refused to allow painting in her apartment, and Waiver is . requested on code requirements designated in Surveg Letter of 4/14/77 . on this type of work , in that apartment . APPEARANCE: Mr. � Mrs . Paul Spros ty PROCEEDINGS: Mr. Sprosty said he had completed most of the work Iisted in t e 4 1�77 Survey Letter except the decorating in Apt. #4, where the , 94-year-old tenant was in very frail health and refused to allow painting because of difficulty in breathing caused by a heart prablem. This tenant shared a bathroom with the tenants of the other second floor apartment, but used it very little, being unable to take tub b aths . He asked for a waiver of the provision requiring a private bath for each apartment on the grounds of the high cost, which was financially out of re ach for him, . and on grounds of minimum usage . There were two occupants in the othe r apartment, #3. Mrs. Sprosty explained to the Board that they plan ,to do th� required decorating in Apt. #4 as soon as the lady dies or moves out, but they � did not wish to disturb her now. Chairman Wozniak went over the list of items eoncerned with Apt. #4, and Mr. Sprosty agreed with the chairman that Items No. 33, 35 , and 38 could be taken care of and he would do so, but the remaining ones involved the use of paint. Frank Staffenson suggested that another bathroom be installed in the not too distant future. Chairman Wozniak felt that the shared bathroom situation could be con- . tinued if the number of occupants of the two apartments were restricte d. 619 North St. -5- 6/14/77 - Meeting No. 130 PROCEEDINGS: (continued� �rank �ta�f�nson �ointed out .an �rxor in th.e Survey Letter. In Item� #33, rigid piping should be 'specifie d instead of � f lexib le. Mr. Glassman felt that a lianit of two persons in each of the apartments sharing the bathroom would be a reasonable restriction. Mr. Sprosty said he was quite willing to accept such a limitation. As . for the remaining items , with the exc�ption of decorating in Apt. #4, he felt he could be done in about three months . BOARD ACTION: Mrs. Peake moved that the appeal for a waiver on the s are at room be granted, providing no more than two persons occupy each of the two apartments sharing a bathroom; also, that a waiver be granted on the decorating rec{uirements in Apt. #4 during the tenancy of the present occupant. Both waivers granted on condition tfi at all remaan- ing items be completed by September 15 , 1977. THE VOTE: Ayes - 5 Nayes - 0 Abstentions - 0 Chairman Wozniak pointed out to Mr. Sprosty tha.t the waiver of the shared bathroom, with its restriction on the number of persons who could occupy each of the two ap artments, would be filed �rith the Register of Deeds , so that if the property was ever sold, the new owners would know that : they were so restricted. 6/14/77 - Meeting No: 13�. Cassette Tape No. 142 � MINUTES OF THE MEETING ST. PAUL B�ARD OF APPEALS AND REVIEW Tuesday, June 14, 1977 City Council Committee Room 707 City Hall and Court House 1: 30 p.m. MEMBERS PRESENT: D. Donald Wozniaky Chairman Ronald Glassman David Heider � Estyr Bradley Peake James Voigt biEMBER ABSENT: Arthur Tieso AGENCIES PRESENT: Department of Community Services - Division of Housing and Building Code Enforcement : Frank Staffenson Steve Roy Doug Schwab � Jerry Kern Wallace Holmstrom Fire Prevention Bureau: . Dan Norrgran Jim Tucker OTHERS PRESENT: Mr. �, Mrs. Paul Sprosty, Appellants Scott Tilsen, Appellant Joseph Stein, Appellant Clarence A. Lindeke , Appellant J. W. Heyne , Appellant � Leo Kukacka, Appellant Ray Weber David Ries, Appellant Raymond Farrell, Appellant STAFF PRESENT: Patricia Moxness, Appeals Board Secretary The meeting was called to order at 1: 45 p.m. The minutes of the meeting of May 10, 1977, were approved as mailed out to the members . : • � 6- 6/14/77 - Meeting No. 130 s ����� CASE N0. PROPERTY - APPELLANT 29- 77-H 820 No. Albert St . (3 units} Leo ICukacka . SUBJE CT: Request Waiver of St. Pau1 Legislative Code , Section 54. 13, pertaining to basement occupancy, with reference to Apt. #3 which had _ FHA approval when building was purchased, because of financial hardship . APPEARANCE: Leo Kukacka PROCEEDING5: Mr. Glassman commented that he had noteci Mr. Kukacka' s � statement implying that FHA approval should mean that a property is - in code compliance. He made it clear that this was not necessarily so. Frank Staffenson said Mr. Kukacka had been very cooperative in taking � care of the deficiencies listed in the Survey Letter af 4/22/77, and the re we re only two or three items remaining to be done. However, Apt. #3 was a basement unit, more than SO o be}.ow grade, and it would be necessary to obtain a waiver on that in order to be issued a Certi- ficate of Occupancy. Mr. Staffenson explained that the windows of Apt. #3 were of sufficient size and accessibility to allow their use as an eme�rgency exit, and there were two means of egress trom the basement as well . BOARD ACTION: Mr. Heider moved that the waiver of basement occupancy e grante . Mr. Glassman seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - S Nayes - 0 Abstentions - 0 - -- - - - -- -- -- -- - - - - - -- -- - - - -- -- -- - - - - -- --- -- -- -- --- - -- --- -- - --- ----- - --- � 6/14/77 - 1�leeting No: 130 � , Cassette Tape No. 142 MTNUTES OF THE MEETING ST. PAUL B�ARD OF APPEALS AND REVIEW } Tuesday, June 14, 1977 City Council Committee Room 707 City Hall and Court House 1: 30 p.m. MEMBE RS PRESENT: D. Donald Wozniak, Chairman Ronald Glassman David Heider Estyr Bradley Peake James Voigt MEMBER ABSENT: Arthur Tieso AGENCIES PRESENT: Department of Community Services - Division of Housing and Building Code Enforcer�ent : Frank Staffenson Steve Roy . Doug Schwab Jerry Kern Wallace Holmstrom Fire Prevention Bureau: Dan Norrgran Jim Tucker OTHERS PRESENT: Mr. $ Mrs. Paul Sprosty, Appellants Scott Tilsen, Appellant Joseph Stein, Appellant Clarence A. Lindeke , Appellant J. W, Heyne, Appellant ' Leo Kukacka, Appellant Ray Weber David Ries, Appellant Raymond Farrell, Appellant STAFF PRESE�IT: Patricia Moxness, Appeals Board Secretary The meeting was called to order at 1: 45 p.m. The minutes of the meeting of May 10 , 1977, were approved as mailed out to the members. 439 N . Fairvie�a -9- 6/14�77 - Meeting No. 130 CASE N0. PROP�RTY APPELLANT �5��� 31- 77-H 439 N. Fairvieta MERJGD Properties (six units) by David Ries . SUBJECT: Request Waiver of St. Paul Legislative C4de requirements pertaining to light and ventilation in Apts . #5 and #6 , as designated i.n Survey Letter of 5/16/77, so as to obtain Certificate of Occupancy, because Appellant feels they are "unjustified"; also, reauest Extensions of Time, 60 additional days on corrections orderea �ompleted by Aug. I6 , 1977, and 120 additional days on those ordered done by November: I6, 1977, because more time is needed. APPE ARANCE : David Ries . PROCEEDINGS : Mr. Ries explained that he was agpealing the requirement for larger window areas in the two apartments. Since there is great loss of heat through windows , he felt that in this day of energy shortage it would be wasteful to use more heat than was neeessary. In one of the apartments , the window area was short by 8 sq. ft . and in the other, by 5 sq. ft. , which he felt tiaas minimal. Frank Staffensonsaid the violation called was on the shortage .of natural � light and ventilation, but the main purpose in calling it was that ' Apt. �6 had just one exit and that led right past t�e boiler room, a high po�ential fire area, and he felt there was a strong need for an alternate escape route. This could be provided by installing a different � type of window or by converting the present ones xn such a way to open outtisard on hinges . He said the windows lead right out to the ground level and were about 3 2 ft. off the floor. The apartments were not classified as "cellar oceupancies" because they were more than 50% above grade level. � Mr. Ries said he could very easily convert the windows to pravide ar� . emergency exit. He stated that he was also rec{uesting more time to correct the other deficiencies . He said it would take about $15,000 -. to complete everything and he wanted to have the work done all at ane time, but it would take time to arrange a loan of that size . Mr. Staffenson mentioned some items that should be taken care of with- out delay--particularly the problem of lead pa�nt recently discovered. Some of the electrical work needed attention, especially the matter . of overfusing which could be easily corrected with fustats at a cost , of about $10 , although a retiliring job would be preferable . There was a problem �rith the use of extension cords and tenants should be discouraged from this practice. Combustibles should be removed from the boiler room, one-hour fire-rated materials should be installed around the boiler. There was an egress through the boiler room and an improper flue vent. Al1 these matters could be taken care of at little expense and in a short time. Mr. Ries said he would remove the combustibles in the boiler area, remove the extension cords , have the lead paint scraped and the Toose chips removed, put in fustats , and have the �indo��� in Apt. #6 hinged • to make them suitable for use as an emergency exit by August 16, 1977 . On the remaining items , he felt he could be done by November 16, 1977 . ' 439 N. Fairview -10- 6/14/77 - Meeting No. 130 BOARD ACTION: Chairman Wozniak moved that a Waiver of the light and ventilatlon requirements of the St. Paul � Legislative Code be granted for Apartments #5 and #6 . He further moved to grant an Extension of Time to August 16, 1977, for the removal of combustibles from the boiler room, the installation of fustats , the removal of extension cord �iring, the scraping of the lead paint area and removal of any laose paint chips, a�d the conversion of windows in Apt. #6 to make them suitable for use as an emergency exit. For the remaining items on the Survey Letter of 5/16/77, Chairman 1Jozniak maved to grant an Extension of Time to November 16, 1977, for completion of the work. Mr. Glassman seconded. MOTION CARRIED AND SO ORDERED, THE VOTE: Ayes - 5 Nayes - 0 Abstentions - 0 -- - -- - - - ---- -- -- - -- -- - - --- --- ------ -- --- - -- - --- --- --- ---- - -- -- -- -- -- -- - 1 6/14/77 - Meeting No: 1.3U Cassette�Tape No. 142 � MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS AND RE�IE� Tuesday, June 14, 1977 City Council Committee Room 707 City Hall and Court House 1: 30 p.m. MEMBERS PRESENT: D. Donald Wozniak, Chairman Ronald Glassman David Heider Estyr Bradley Peake James Voigt MEMBER ABSENT: Arthur Tieso AGENCIES PRESENT: Department of Community Service�s - Aivision of Housing and Building Cade Enforcement : Frank Staffenson Steve Roy Doug Schwab Jerry Kern Wallace Holmstrom Fire Prevention Bureau: .: Dan Norrgran Jim Tucker OTHERS PRESENT: Mr. $ Mrs. Paul Sprosty, Appellants Scott Tilsen, Appellant Joseph Stein, Appellant Clarence A. Lindeke , Appellant J. W. Heyne , Appellant Leo Kukacka, Appellant Ray Weber David Ries, Appellant Raymond Farrell, Appellant STAFF PRESENT: , Patricia Moxness , Appeals Board Secretary The meeting was called to order at 1: 45 p.m. The minutes of the meeting of May 10, 1977, were approved as mailed out to the members. �, .., _ . .f - �+V���� - ST. PAUL BOARD OF APP�ALS fz REYIEi�T . 705A City Fiall - St. Paul, Minnesota 55102 � (612) 298-4163 . T0: Thomas M. Sipkins : . Office of the City Attorney ' FROM. Pat Moxness , Appeals Board Secretary RE: Resolution pertaining to Baard Actions of Meeting of June 14, 1977 ._ Attached are two draft resolutions and excerpts of �oard minutes, - : dated 6/14/77, pertaining to board actions taken on the "following . cases : CASE N0. PROPERTY APPELLANT 13- 77-H � 668-674 E. 4th St. ' �larence A. Lindeke (13 units) . ' - 27- 77-H 619 North St. Paul Sprosty (four units) - � � . 29-77-H 820 No. Albert St. Leo Kukacka - - . � � � � � Cthree units) � �31-77-H 439 N. Fairview MERJGD Properties , (six units) by David R3.es . � The board actions on the cases listed above require recording by . : - the Register of Deeds : The cases listed below involved board actions which� do not require recordin�� on the dee d: 28- 77-B 637 Marshall Ave. _ James W. Heyne - . (three units? � . �31- -7-H 439 N. Fairview . � MERJGD Praperties - � (six units) by David Ries � xTwo types of action taken on this case. ���� «��o.�= ��y�+ CITY OF SAINT PAUL e ; OFFICE OF THE CITY ATTORNEY :� �:.�,..: „� ��� Harriet Lansing, City Attorney 647 City Hall,Saint Paul,Minnesota 55102 George Latimer Mayor 612 298-5121 MEMORANDUM TO: Pat Moxness, Appeals Board Secretary FROM: Thomas M. Sipkins, Asst. City Attorney DATE: June 29, 1977 � RE: Resolutions pertaining to Board Actions of Meeting of June 14, 1977 As per your request received June 27, 1977, please find attached the resolutions above-referred to which have been approved as to form by me. TMS:er ��;�J