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
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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'�
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• . �• -2 - 12/14�76 - Meeting No. 125
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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
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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.
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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.
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� � -5- 12/14/76 - Meeting No. 125
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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
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