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268347 WHI7E - CITV CLERK �� PINK - FINANCE GITY .OF SAINT PAUL Council �'__" "�� CANARY - DEPARTMENT � � BL=E - MAYOR File NO. � Cou cil ol tio _ 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 December 14, 1976, and marked EXHIBIT A, and attached hereto and made a part hereof by reference : DATE OF BOARD MINUTES CASE N0. PROPERTY APPELLANT 12/14/76 37-76-B 716 Hague Harry and P�Iildred (9 apts . ) Stanke BOARD ACTION: Granted Waiver of St. Paul Legislative Code, Section 192 . 18 , pertaining to p�.yment of fees required under Vacant Building Registration Ordinance, until such time as property be sold or any other right, title or interest be transferredr at which time said waiver be nullified. Property Description: Holcombe 's Addn. Lot 10, Block 7 • -- --- -- -- -- -- -- -- -- - - -- - - - - - 12/14/76 34-76-H 1011 Jessie St. Donald E . Hansen (duplex) , BOARD ACTION: Granted Waiver of St. Paul Legislative Code, Section 54 . 11 (b) , pertaining to rec{uirement of hand lavatory in same room with water closet; said Waiver to run with the lifetime of the structure. Property Description: Fairview Addn. Lot 5, Block 10 - - - - - - -- - - - - -- - --- - ---- - -- - COU[VCILMEN Yeas Nays Requested by Department of: Butler Hozza In Favor Hunt Levine __ Against BY Roedler Sylvester Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY . sy Approved by iNayor. Date Approved by Mayor for Submission to Council By BY WH17E - CITV CLERK COUIICII ��?�� PINK � - FINANCE G I TY OF SA I NT PA LT L � CANARV - DEPARTMEN�T BLUE -MAYOR � F�le NO. � . � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -2- DATE OF BOARD MINUTES CASE NQ. PROPERTY APPELLANT 12/14/76 36-76-H 1339 Sherburne Ave. Brooks P. Connor (19 apts . ) BOARD ACTION: Granted Waiver of St . Paul Legislative Code, Section 54 . 13 (b) , pertaining to minimum square footage in an apartment, so as to obtain Certificate of Occupancy for Apt. #17 , providing occupancy is restricted to one person; said Waiver to run with the lifetime of the structure . Property Description: Syndicate No . 5 Addn. Lots 16 and 17 , Block 26 12/14/76 38-76-F 495 Hamline Ave. So . Cretin High School Cretin High School by Robert Reiling Annex BOARD ACTION: Granted Waiver of St . Paul Legislative Code require- ment of installation of fire-res_istant stairway enclosures in Educational Occupancie,as�. Property Description: Unplatted lands EX Randolph Ave. and Hamline Ave. , the E 480 ft. of part of SW 4 N of Extended N L of Niles Ave. ; also, part of said SW ', S of said Extended L N of Hartford Ave. and E of E L of Albert St . IN - - - - -- - - - - - - - - - -- -- - - -- - 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 . COUNCILMEN � Yeas Nays �... Requested by Department of: Butler Hozza � [n Favor Hunt -�*�� __ Against BY Roedler Sylves Adopte y Council: Date �AN � �977 Form Approved by City Attorney Cer fied Passe Cou il retary BY . l' Appr by IVlayor. D � � � �T Approv by Mayor for Subm sio to C"ouncil By � BY 1�n JAl� .. � � . � �x��r�� r� , � - - 12/T4/76 - Meeting No. 125 _. 2��`�� CASE N0. PROPERTY APPELLANT 37-76-B 716 Hague Harry and Mildred Stanke (9 apartments) SUBJECT: Request Waiver of St. Paul Legislative Code, Seetion 192 . 18, pertaining to payment of fee required under the Vacant Building Registration Ordinance, because of financial hardship; also, request refund of filing fee for appeal, because of financial hardship. APPEARA:'VCE: Harry and Mildred Stanke � PROCEEDINGS: , Mr. Stanke explained that he had owned this property since 296I. It had been fully occupied up to a few years ago, when the tenants were increasing� harassed by robberies , muggings, and vandalism. One by one they moved away and finally it became impossible to attract new tenants, so that the building was noi�r vacant . On order of the Ci�y, Mr. Stanke and his wife boarded up the building. The City then ordered payment of $15 per month, as required under the Vacant Building Registration Ordinance ., Because af losing the income from the building, wh ich he badly neede d, he foun d himself unable to pay the taxes or the fees . He had receive d a summons because of the unpaid fees and was to appear in court on December 16 for a pre-trial hearing. Chairman Wozniak told Mr. Stanke that fee payments could be waived by the Board, but it would be necessary to establish that such payment wou2d be a financial hardship. For that reason, he asked Mr. Stanke to outline his sources of income. hir. Stanke reported that he rece2ved a monthly Social Security check for $128. 80, $100 a month from rental of an a�artment in their hame, payment for service as election judges (both he and his wife) which amounted to $38. 60 in 1976, and that his wife performed day work for a few customers . Chairman Wozniak asked Mr. Stanke about his plans for the future of the building. . °a . ` . ' .' . . . � � � . . � . � 716 Hague - 3- 12/I4/76 - Nieeting No. 125 PROCEEDINGS: �continued) �� Mr. Stanke replied that he hoped to find a buyer, but hac? so far been unsuccessful. Chairman jt�ozniak asked Orville Ethier, Senior hlechanical Inspeetor, if the Vacant Building ordinance had accomplished its intended purpose. . tiir. Ethier said he didn' t think it had, that it seemed to hurt only the kind af people wfio were apnearing before the Board at this meeting. rir. Tieso expressed the opinion that the law was unjust because not only did the owners lose the rental income , suffer van dalism and deprecia�Cion of their property, continue to be liable for taxes, and be responsible for lawn-mowing and snow clearance, but were also expected to pay $18Q a year in fees , all because of situation over which they had no control . I�Ir. Ethier said he felt that if a waiver of payment of the fees were granted in this case , it might set a precedent, and he informed the Board that enforcement had been stepped up, which made it likely that there would be many more such cases before the Board. 1�Ir. Glassman stated that such waivers had been granted in the past, so this parficular case would not set a precedent if the appeal was granted. Chairman Wozniak said each case that might come before the Board wauld be considered on its merits, based on consideration of the appellant�s financial ability to pay. - BOARD ACTION: D1r. Tieso moved that a waiver of St. Faul Legi.slative Code, Section 192. 18, pertaining to payment of fees under the Vacant Building Regis- - tration ordinance , be granted; also, that the filing fee of $10.00 to appeal before the St. Paul Board of Appeals � Review be refunded to l�ir. and Mrs. Stanke . Mr. Glassman seconded. MOTION CARRIED R�'VD SO ORDERED. THE VOTE: Ayes - 4 Nayes - 0 Abstentions - 0 --- - --- -- -- ----- -- - --- -- -- ---- -- ---- - ----- ----------- ------------------ l�Ir. Voigt joined the meeting at this time. ' - 3- 12/14/76 - I�leeting No, 125 ��x'� �� CASE N0. PROPERTY AFPELLANT 34-76-H 1011 Jessie St. Donald E. Hansen (duplex) SUBJECT: Request Waiver of St-. Paul Legislative Code, Section 54.IT (b) , ger- taining to requirement of hand lavatory in same room with water closet, because of Iack of space . , 34- 76-H -4- 12/14/76 - �eeting No. 125 ��s�� APPEARAIVCE: Mrs . Don ald E. Hansen PROCEEDIVGS: Mrs. Hansen described the small bathroom in the upper anartment of their duplex, explaining that there was no space for a hand lavatory. She reported that the city inspector, Gary Eichele , had agreed and suggested that the Hansens appeal to the Board for a waiver. Chairman Wozniak asked if the other items Iisted in the Survey Letter of 10/28/76 had been taken care of. Mrs . Hansen anst�rered that they were currently working on the other items but were not yet finished. Ms. Bijjani said that her department had no objectian to the granting of the waiver, and that the Hansens had completed the major �,rark �equired of them. BOARD ACTION• Chairman Wozniak move d that the waiver of St. Paul LegisZative Code , Section 54 . 1I (b) , be granted. Mr. Voigt seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 5 Nayes - 0 Abstentions - Q . � � 12/14/76 - I�ieeting No. 125 Cassette Tape No. I37 biINUTES OF TF�E MEETING ST. PAUL BOARD OF APPEALS � REVIELY Tuesday, December 14, 1976 City Council Committee Room 707 City Hall and Court House 1: 30 p.m. MEbfBERS PRESENT: D. Donald Wozniak, Chairman Arthur M. Tieso Ronald Glassman Estyr Bradley Peake - James Voigt MEriBERS ABSENT: David Heider • Norma Sommerdorf AGENCIES PRESENT: Department of Community Services - Division of Housing and Building Code Enforcement: � Frank Staffenson, Supervisor of Housing Inspectors Alice Bijjani, Housing Inspector Dan Person, Senior Building Inspector Orville S. Ethier, Senior Mechanical Inspector _ Richard Amey, Building Inspector OTHERS PRESENT: Harry and Mildred Stan�Ce , Appellants Brooks P. Connor, Appellant Ken Linderholm, Virgil Banick William Wolkowicz, Appellant Mrs. Donald E. Hansen, Anpellant - Robert Reiling, r.epresenting Cretin High Schoal, --- Ap p e 1 i an-� Niels Fruhstuck, Apnellant � STAFF PRESENT: Patricia Moxness, Secretary, Appeals Board The meeting was called to order at 1: 40 p.m. by Chairman Wozniak. The minutes of the meeting of November 9, 1976, were approved as mailed out to the members. Chairman Wozniak reported that Attorney Pierre Regnier, representing Appellant Omer Richards in Case No. 33-76-B which was scheduled for hearing as the second case on the agenda, had called to request a postponement becau:se of an unavoidable conflict in his schedule. � „ :• � ~� ' ; - 4- 12/14/76 - ;Keeting No. 125 s , p A�y � ��C7�`� ! ; � � � i ----- - --- - -------- ---- ---- -- ---- --- - - ----- ---- ---- --- -- ---- ------------ ( _ CASE N0. PROPERTY APPELLA.'VT 36- 76-H 1339 Sherb�urne Ave. Brooks P. Conn�r (multiplex) SUBJECT: Request �Vaiver of St. Paul Legislative Code, Section 54. 13 (b� , pertaining to minimum square footage in dwelling unit, so as to obtain Certificate of Occupancy for Apt. No. 17, because of financial hardship. APPEARANCE: Brooks P. Connor PROCEEDINGS • Mr. Connor said his building contained 19 apartments . The problem with Apt. No. 17 came to light when he asked for he2p for the tenant from the City Health Dept. The tenant had lived in the unit far about ZO years but in � recent years had failed to maintain reasonably good housekeeping habits , to such an extent that the agartment became unfit to live in. The heal�h inspector made arrangements for the tenant to move to a high-rise apartment building, but in order to c}ualify her for relocation expenses , it was necessary to show that she was forced to move. The City condemned the unit as too small to qua2ifv as an apartment. , �^ � 1339 Sherburne Ave . -S- 12/14/76 - Meeting No. 125 PROCEEDINGS: (continued) ��,`3��,y f I�ir. Connor understood that after cleaning it up and leaving the unit - vacant for a short period of time, he could again rent it. However, the City code enforcement inspector said an anartment had to be at least 150 sq. ft. in size and Mr. Connor's was but 126 sa . ft. rir. Connor contended that there was actually 170 sq. ft. available, but . the one large room fQr living space was shart of rec{uirements. He understood he could rent out the unit as a sleeping room, but he would then have to remove the cooking facilities , something he did not wish to do. He said the unit was really very nice for one person, had its o��rn b athraom facilities , as well as the cooking facilities. Ms . Bijjani stated that the inspector had reported Apt. #17 to be a livable unit except for space . He felt that such small quarters might have an adverse effect on the mental health of some persons. He had recommended that tenancy be restricted to one person. BOARD ACTION: Mr. Glassman moved th.at the appeal for Waiver of the St. Paul Legislative Code, Section 54. 13 (b) , pertaining to minimum square footaoe in a dwelling unit, be granted, so as to obtain Certificate of Occupancy for � . Apt. No. 17. Chairman Wozniak amended the motion to include the pro- vision that accupancy be restricted to one person and that this restriction . be recorded in th.e office of the Register of Deeds. Mr. Voigt secnnded. . MOTION CARRIED AND SO ORDERED. THE VOTE : Ayes - 5 Nayes - 0 Abstentions - 0 ( k 12/14/76 - Meeting No. 225 � Cassette Tape No. 137 MINUTES OF TF�E MEETI�VG ST. PAUL BOARD OF APPEALS � REVIE« Tuesday, December I4, I976 - City Council Committee Room 707 City Hall and Court House 1: 30 p.m. MEI�TBERS PRESENT: D. Donald Wozniak, Chairman Arthur M. Tieso . Ronald Glassman Estyr Bradley Peake - James Voigt MEMBERS ABSENT: David Heider • Norma Sommerdorf AGENCIES PRESENT: Department of Community Services - Division of Housing and Building Code Enforcement: Frank Staffenson, Supervisor of Housing Inspectors Alice Bijjani, Housing Inspector Dan Person, Senior Building Inspector Orville S. Ethier, Senior Niechanical Inspector _ Richard Amey, Building Inspector OTHERS PRESENT: Harry and Mildred Stanke, Appellants Brooks P. Connor, Appellant Ken Linderholm, Virgil Banick William Wolkowicz, Appellant Mrs. Donald E. Hansen, Appellant --- Robert Reiling, representing Cretin High School, _--- ___A e1� �,* P P 1 411�. _ _______ _ ____ Niels Fruhstuck, Apnellant STAFF PRESENT: Patricia Moxness , Secretary, Appeals Board The meeting was called to order at 1: 4Q p .m. by Chairman Wazniak. The minutes of the meeting of November 9, I976, were appraved as mailed out to the members. Chairman Wozniak reported that Attorney Pierre Regnier, representin g Appellant Omer Richards in Case No. 33- 76-B which was scheduled for hearing as the second case on the agenda, had called to request a postponement because of an unavoidable conflict in his schedule. � , ' 38-76-H - 7- 12/I4/76 - Meeting No. 1Z5 CASE �i0. PROPERTY APPELLEI.'VT ��C.7,� �� 38- 76- F 495 �Iamline Ave. So. Cretin High School Cretin High School Annex by Robert Reiling . � SUBJECT: Request �Vaiver of St. Paul Legislative Code, specifically, that provisian of tI�e Fire Safety Code requiring stairway encZosures of fire-resistive construction in Educational Occupancies , because other automatic f�.re- safety devices and construction features of the building render stair- way enclosures unnecessary. APPEARANCE• Robert Reiling � 'PROCEEDINGS: Mr. Reiling presented some sketches of the Annex building, pointing aut the length of the corridors , the availability of exits, and the fact that there was no basement. He explained that it was Class I construction, there �sere no combustibles in the building, automatic smol�e detectors and alarm systems were to be installed according to code , and the building could be evacuated within 60 seconds of an alarm. In addition, the students were a11 14 years of age or older, well-disciplined, and able to understand the danger of fire and respond accordingly. Richard Amey, Building Inspector, agreed that all these considerations made the stairway enclosures less important than in many school buildings. � He said he had discussed the matter with Glenn Erickson, City Architect, who had also agreed that fire-safety had been adequately provided for without the installa;;ion of stair enclosures . Mr. Reiling said the main building would conform strictly to a11 Fire Code requirements before the deadline of June 1 , 1977, and that his request applie d only to the Annex building. BOARD ACTION• Mr. Tieso moved to grant the �Vaiver of the St. Paul Legislative Code provision which required the installation of stair�day enclosures in Educational Occupancies . I�1r. Voigt seconded. �tOTION CARRIED AND SO ORDERED. THE VOTE: _ Ayes - S Nayes - 0 Abstentions - 0 12/14/76 - I�feeti.ng No. 125 ' Cassette Tape No. 137 b1INUTES OF TFiE MEETING ST. PAUL BOARD OF APPEALS � REVIEjti' Tuesday, December 14, 1976 City Council Committee Room 707 City Hall and Court House 1: 30 p.m. MEi+1BERS PRESENT: D. Donald Wozniak, Chairman Arthur M. Tieso Ronald Glassman Estyr Bradley Peake James Voigt MEI�IBERS ABSENT: David Heider • Norma Sommerdorf AGENCIES PRESENT: Department of Community Services - Division of Housing and Building Code Enforcement: Frank Staffenson, Supervisor of Houszng Inspectors Alice Bijjani, Housing Inspector Dan Person, Senior Building �nspector Orville S. Ethier, Senior h7echanica2 Inspector . Richard Amey, Building Inspector OTHERS PRESENT: Harry and Mildred Stanke , Appellants Brooks P. Connor, Appellant Ken Linderholm, Virgil Banick William tiYolkowicz, Appellant Mrs. Donald E. Hansen, Appellant _____ Robert Reiling, r.epresenting Cretin High School, _-__ _ _ APP e 13�-rrt _____ Niels Fruhstuck, Appellant STAFF PRESENT: Patricia l�loxness, Secretary, Appeals Board The meeting was called to order at 1: 40 p.m. by Chairman Wozniak. The minutes of the meeting of November 9, 1976, were approved as mailed out to the members . Chairman Wozniak reported that Attorney Pierre Regnier, representin g A�pellant Omer Richards in Gase No. 33- 76-B which was schedule d for hearing as the second case on the agenda, had called to request a postponement becau:se of an unavoidable conflict in his schedule. , s n'�' � . . .. :3'' r� ., � i .� '� �`� �� s-`: i . r�. � . T � ��"K��. �� s,� fi � _� � � i�� u 1� � �`� �� E � n.�€ , :.s t �� , Y'�.� � . . . .. i}� .. .. ��?.( Ft'1 "�i � �l �> . . . � .. . , .? � ( 3e".i� f � � , . 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