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268348 WHITE - CITV CLERK COUIICII ������ PINK - FINANCE CANARY - DEPARTMENT G I TY OF SA I NT PALT L� a BLUE - MAYOR File NO. - u i e olution 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 Mildred Stanke (9 units) BOARD ACTION: Granted refund of filing fee in the amount of $10 . 00 paid to St. Paul Board of Appeals and Review, because of financial hardship. PROPERTY DESCRIPTION: Holcombe 's Addn. Lot 10, Block 7 - - -- -- -- -- - -- - -- --- - -- --- - 12/14/76 35-76-B 542 Lincoln Ave. William Wolkowicz (32 apartments) BOARD ACTION: Granted 60-day Extension of Time to February 14, 1977 , for installation of fire-resistant stairway enclosures and repair of plaster ceiling breaks ; Appellant to confer with Building and Housing Code Enforcement Division personnel to arrive at completion date for remaining items listed in Survey Letter of 10/22/76 signed by Frank Staffenson. PRDPERTY DESCRIPTION: Terrance Park Addn. EX Ave. and EX SWLY 150 ft . Lot 1 and EX NWLY 30 ft . SWLY 100 ft. and EX NELY 50 ft. of SWLY 150 ft. of NWLY 74 ft . of Lot 2 Block 6 COUNCILMEN Yeas Nays Requested by Department of: Butler � Hozza �— In Favor Hunt -��' �__ Against BY Roedler Sylveste �A(� 4 ��v Form Approved by City Attorney Adopt y Council: te " tified Passed ncil cr ry � BY—�����, ��'�'H� By Appro by Mayor: Dat R JAN � �a�� Approved by Mayor for Submission to Council By BY l�t� ,IA� 15 �9 ' � X f-f 113I T f'� . • . �• -2 - 12/14�76 - Meeting No. 125 �`����� CASE N0. PROPERTY APPELLANT 37-76-B 716 Hague Harry and Mildred Stanke (9 apartments) SU�JECT: Request Waiver of St. Paul Legislative Code, Section 192 . 18, pertaining to payment of fee required under the Vacant Building Registration Ordinance, because of financial hardship; also, request refund of filino fee for appeal, because of financial hardship. APPEARANCE: Harry and Mildred Stanke � PROCEEDINGS: ; bsr. Stanke explained that he had owned this property since 1961. It had been ful.ly occupied up to a fe�1 years aga, 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 now vacant . On order of the City, 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, which he badly needed, he found himself unable to pay the taxes or the fees . He had received a summons because of the unpaid fees and was to appear in court on December 16 for a pre-trial hearing. Chairman jVozniak told Mr. Stanke that fee payments could be z,raived by ths Board, but it would be necessary to establish that such payment would be a financial hardship. For that reason, he asked Mr. Stanke to outline his sources of income . - Mr. Stanke reported that he rece2ved a monthly Social Security check for $128. 80, $100 a month from rental of an apartment in their home, 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. . � Z16 Hague - 3- 12/l.4/76 - hieeting No. 125 . PROCEEDINGS: (continued) ,�'��`��O �- '� .. C7 bir. Stanke replied that he hoped to find a buyer, but had so far been unsuccessful. Chairman Wozniak asked Orville Ethier, Senior l�iechanical Inspector, if the Vacant Building ordinance had accomplished its intended purpose. l�ir. Ethier said he didn' t think it had, that it seemed ta hurt only the kind of people who were appearing before the Board at this meeting. b1r. Tieso expressed the opinion that the law was unjust because not only did the owners lose the rental income, suffer vandalism and depreciatiorr of their property, continue to be liable for taxes, and be responsible for lawn-mowing and snow clearance, but were also expected to pay $180 a year in fees , all because of situation over which they had no control . 1�1r. Ethier said he felt that if a waiver of payment of the fees zsere granted in this case , it might set a precedent, and he informed the : Boaxd that enforcement had been stepped up, which made it likely that there would be many more such cases before the Board. hlr. Glassman stated that such waivers had been granted in th� past, so this particular case would not set a precedent if the appeal �ras granted. Chairman Wozniak said each case that might come before the Board would be considered on its merits, based on consideratian of the appellant's financial ability to pay. - BOARD ACTION: A�r. Tieso moved that a waiver of St. Paul Legislative Cade, Section 192 . 18, pertaining to payment of fees under the Vacant Building Regis- • tration ordinance, be granted; also, that the filing fee of $lO.OQ to appeal before the St. Paul Board of Appeals � Review be refunded to l�Ir. and Mrs. Stanke . Mr. Glassman seconded. MOTION CARRIED A�VD S� ORDERED. . THE VOTE: Ayes - 4 Nayes - 0 Abstentions - U I�4r. Voigt joined the meeting at this time. ,� IZ/14/76 - Meeting No. 125 Cassette Tape No. 137 MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS � REVIEjt� Tuesday, December 14, 1976 City Council Committee Room 707 City Hall and Court House 1: 30 p.m. MEMBERS PRESENT: D. Donald Wozniak, Chairman Arthur M. Tieso Ronald Glassman Estyr Bradley Peake � James Voigt MEMBERS ABSENT: David Heider • Narma 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 biechanical Znspector . 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, r.epresenting Cretin High School, _ __ _ APPel}�„-r Niels Fruhstuck, Appellant � v � STAFF PRESENT: Patricia Moxness , Secretary, AppeaZs 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 because of an unavoidable conflict in his schedule. , � � -5- 12/14/76 - Meeting No. 125 �2��q;��8 � � � � I � ; CASE N0. PROPERTY APPELLANT 35- 76-B 542 Lincoln Ave . William W'olkowicz (32 apartments) SUBJECT: Request Waiver of St. Paul Legislative Code provisions which apply to Items No. Z, 12, and 15, as designated in Survey Letter of 10/2Z/7f, with reference to stairway enclosures , floor drain, and ventilation in boiler room, respectively, because Appellant "disputes" need for these requirements ; and, alsa, request Extension of Time beyond January 22, 1977, to complete all remaining items listed in Survey Letter of 10/22/76 , because of "amount of work and cost of labor and material. " AP PE ARAN CE: William Wolkowicz � �: � 542 Lincoln Ave . -6- 12/14/76 - hieeting No. 125 PROCEEDI�IGS: ������ Mr. lti'olkowicz stated that the three specific items for which he requested waivers were not , in his opinion, needed. He said there already was a plug in the drain (Item No . 12) . As for Item No. 15 , ventilation in the boiler room, he contended that the window there provided adequate venti- lation. On Item No. 2, the installation of stair�,ray enclosures , he did not feel these were necessary and they were very costly. Dan Person, Senior Building Inspector, reported that the entrance doors to the building swung inward, adding to the �iazard of exiting the building in case of fire. He emphasized the importance of stairway enclosu,es in the building, with its four floors of apartments , in retarding the spread of smoke and fire. Ms. Bij j ani said the windo�,r in the boiler room could not fulfill require- �erits for ventilation. What was needed was a louvered apening which �tould provide constant ventilation. In response to a question from Mr. Glassman, Mr. Wolkowicz admitted he had not obtained estimates on the cost of stairway enclasures , but he said he had so much to do and very little time available . He felt he sfiould be given two• or three years to complete such a project . He did not feel he could raise the rents of his tenants to compensate for the costs in a shortier period of time. Mr. Ti�so pointed out that Mr. Wolkowicz had delayed installing enclosures for at least 18 months since the date of the original order, but if he had complied when first requested to do so, it would have cost him much less than it would today. By the same token, if he asked for further delay, it would only cost him more in the next year or twro than it t+rauld - at the present time. Mr. Tieso recommended that the appellant should obtain estimates , and if he felt they were too costly and that he could not run his apartmert building at a profit if he installed enclosures, he should sell the building. - Ms. Bij j ani reported that l�Ir. Wolkowicz was original ly given until January, I975 , to meet code req,uirements , later receiving a time extension to April, 1976. Besides the three items he asked the Board to waive, he had numerous other items that reauired attention. On these he was asking for more time, but one of them, the need for repair of plaster b reaks in some ceilings, should be taken care of immediately because of the danger of wood lath igniting in case of a fire. BOARD ACTION: Chairman �dozniak moved to grant a 60-day extension of time for the instal- lation of stairway enclosures and the repair of plaster ceiling b reaks, to Feb ruary 14, 1977. On all remaining items in the Survey Letter of 10/22/76 , the Appellant was directed to work with the Building Code and Housing Code Enforcement Division in planning a timetable for completion. Mr. Tieso seconded. MOTION CARRIED AvD SO QRDERED. THE VOTE: Ayes - 5 Nayes - 0 Abstentions - 0 -- -- - - - -- - - -- -- - - -- -- - - - - - -- - -- - -- -- - - ------ ---- -- -- - --- --- ------ -- -- --