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269040 WH17E - CITV CI.ERK COUIICll �� PINK - FINANCE GIT OF SAINT PALTL � � CANARV - DEPARTMENT BLU E �t- M�R � File N O. cil,Resolution 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 Pau1 Board of Appeals and Review pertaining to the following listed prop- erty and as shown by the Excerpted Minutes of said Board of Appeals and Review, dated April 12, 1977, and marked EXHIBIT A, and attached hereto and made a part hereof by reference: � � DATE OF BOARD MINUTES CASE N0. PROPERTY APPELLANT 4/12/77 09-77-H 234 - 238 Bates Robert J. Foley (16 units) BOARD ACTION: Granted Waivers of Saint Pau1 Legislative Code require- ments pertaining to venting of bathroom fixtures and pressure of water service until such time as the prop- erty might be sold or any other right, title or interest be transferred, on condition that all other items designated in 2/7/77 Survey Letter be completed on a time schedule specified by the Board and in a manner approved by the Saint Paul Housing and Building Code Enforcement Division. Property Description: Wilder & Dodge ' s Subd. of B1k. 48, Lyman Dayton' s Addn. , Lots 11 and 12, B1ock 2. -------------------- COUNCILMEN Yeas Nays Requested by Department of: Butler In Favor Hozza 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 1Hayor: Date Approved by Mayor for Submission to Council BY . BY . -. ������ 2. � DATE OF BOARD MINUTES CASE N0. PROPERTY APPELLANT 4/12/77 10-77-H 1907 Feronia Anton A. Wicklander (six units) BOARD ACTION: Granted Waiver of Saint Paul Legislative Code pro- visions pertaining to basement occupancies, on condition that window area be enlarged and made accessible for use as emergency exi�s , in Apts. ##5 and #k6, and that mechanical ventilation be installed in bathroom not presently so equipped. Property Description: Hunkel' s Second Amendment to Union Park, Lots N and 0. -------------------- 4/12/77 13-77-H 668-674 E. Fourth St. Clarence A. Lindeke (13 units) BOARD ACTION: Granted Waivers of Saint Paul Legislative Code, Section 54.11 (b) and Section 54.11 (a) , pertaining to location of lavatory in same room with water closet, and prohibition of shared bathrooms, respectively, Property Description: Lyman Dayton' s Addition, Lots 22 and 23, Block 32. 4/12/77 16-77-H 1857 Carroll Niels B. Fruhst�ck (four units) BOARD ACTION: Granted Waiver of Saint Paul Legislative Code provi- sion pertaining to basement occupancies, with reference to basement sleeping room unit, on condition that Appellant' s plans, to be submitted in writing, meet the approval of' the Saint Paul Housing Code Enforcement Division. Property Description: Merriam Park, Ex. N. 41.5 ft. , Lots 11 and 12, Block 13. -------------------- WH17E - CITV CLERK COI1flC11 /�f�I��� BLUE �- MI.�R E GITY OF SAINT PAITL File NO. CANARV - DEPARTMENT ��Aa{ � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date DATE OF BOARD MINUTES CASE N0. PROPERTY APPELLANT 4/12/77 17-77-H 1844 Grand Avenue Edward E. D'Heilly, (five units) on behalf of Vida D'Hei11y BOARD ACTION: Granted Waiver of Saint Paul Legislative Code require- ments pertaining to basement occupancies, with reference to Apt. ##5, provided all other violations, as designated in Survey Letter of 3/21/77, are corrected. Property Description: Rosedale Park, Ex. a11ey, Lot 1, Block 4. -------------------- 4/12/77 18-77-H 1554 Fulham Robert and Karen Hoy1e (proposed duplex construction) BOARD ACTION: Granted Waiver of Saint Paul Legislative Code require- ments pertaining to basement occupancies, with reference to building plans for future construction of duplex, on condition that each room in proposed basement level apartment be provided with one window of sufficient size to comply with lighting and ventilation specifi- cations of the Housing and Building Code for basement occupancies. Property Description: St. Anthony Park North, Lot 23, Block 7. -------------------- 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 � In Favor �' � Levine _ Against BY Roedler Sylvester T � NlAY t � � Form Approved by City Attorney Ado by Council: Date • d Pa y Cou �1 Sec;etar BY By � Appr v d by Mayor: Dat MAY 12 197.7. Approved by Mayor for Submission to Council By BY QuB�isH€� MA� 21 � EXI�flI3 � T A , � 234-238 Bates —' -3- 4/12/77 - I��eeting No. I28 ' Cassette Tape No. I40 CASE N0. PROPERTY APPELLAVT� ��n��O J 09- 77-H 234-238 Bates Robert J. Foley (16 units) SUBJECT: ' � ReQuest Waiver of St. Paul Legislative Code req_uirements pertaining to certain plumbing deficiencies , as designated in Survey Lett�r af 2/?/77,. so as to obtain Certificate of Occupancy, because of financial hardship. APPEARA:'�I'CE: . Robert J. Foley ' PROCEEDINGS: l�ir. Foley related to the Board an account of the extensive work he had done on h.is apartment building since his previous anpeal in 1975, at - which time he had been allowed to retain the 8 first floor apartments sharing four baths, but had been directed to convert 16 apartments an the second and third floors to eigh.t. Si:nce that time , the city- fiad made another more detailed inspection and had found a11 the batFiroom plumbing inadequately vented and tlie water service in need of upgradin�. _ _ He said there were other items found in violation of code, but these were not major. However, he hesitated to spend th.e money to repair them if he was going to be required to tear out alI the b athrooms and install new water service as well, because the cost of these two items were beyond his means , making ownership of the building unfeasible . � Chairman i�tozniak remarked that Mr. Foley had exper�.enced a difficult situation; being told i� 1973 by city inspectors that there were only six itiems needing correction; but after inspection in 1976, � the number of violations had increased to 13S items, most of which must have been present at the time of the original inspection. Had he known. of them at the time of his appeal in 1975, he might not have undertaken the expensive project of converting the building fram 24 apartments to 16, and might have instead given up his interest in the building. Chairman . �Yozniak asked Mr. Foley how much time he would need ta complete work required by the letter of 2/7/77. Mr. Foley responded that it was not time he needed as much as money. He was unable to obtain further loans because of the large amount he owed already on loans outstanding. He asked that the venting requi.re- ments on the I6 b athrooms be waived, as well as the installa�ion af a new water service . If these could be waived, he fe3t he coul d manage to complete all other items , but could not proceed ti,rith the lesser items witFiout suc�i a waive r. � Mr. Staffenson pointed out the urgency of repairs on rustinu soilstacks and tfi.e need for correction of siphoning in some plumbing i:.stallations . He also empFiasized tFie need for providing easier exit from first floor windows as a means of egress in a fire emergency. . �234-238 Bates -4- 4/I2/77 - l�ieeting No. 128 ' � Cassette Tane No. 140 � BOARD ACTION: ' Chairman titi'ozniak moved that a 90-day Extension of Time be granted for tlie con�pletion of Items �'o . 1 through I1 as listed on the 2�7/77 Survey Letter. If city inspectors find the lI items not completed, A�pellant shall be requested to appear before the Boarc� witfi an explanation. If the inspectors find the �,rork completed, a further 90-day Extension of Time is granted to proceed ti��ith the remaining items , except far the venting of plumbing and installation of a ne��r water service, t��hich iterris shall be waived for the period of Appellant ' s oi�rnershin if satisfactory progress is reported at the end of the sec�nd 90-day time extension . : Appellant shall be scheduled for hearing before the Board and be nrepared � to advise the Board of his rehabilitation plans for items not completed at that time . h1r. Glassman seconded. hiC3`TION CARRIED AND Sa ORDEREB. THE VOTE: Ayes - 5 Nayes - 4 - Abstentions - Q (l�ir. Heider Fiad arrived during the first few minutes of the hearina on tfiis case . ) . i � ' • I 4/12/77 - :�teetin� :Vo. I28 �• , Cassette Tape tio . 140 • i�1INUTES OF THE I��ETI�rG ST. P�1UL BOARD OF ?,PPEALS � REVIE�ti' Tuesday, April IZ , I977 City Council Committee Raom 7Q7 City Hall and Court House 1 : 30 n.m. �IEAiBERS PRESENT: D. Donald titi'ozniak, Cfi.airman _ Arthur l�i. Tieso Estyr Bradle� Peake Ronald Glassman David Heider �1EI�IBER ABSENT: James Voi,gt .4GENCIES PRE.SENT: Department of Community �ervices - Division of of Iiousing and Bui.lding Code Enforcement: Prank Staffenson, �upervisor, F�Iousing Code Inspection Gary Eichele, Housing Code Inspector St. Paul Fire Prevention Bureau: Dan Norxgran, Assis.tant Fire riarshal Jim Tuckex OTHERS PRESENT: Robert J. Foley, Appellant Belle Miller, Anpellant Rabbi Solomon Niiller, Appellant . C. A. Lindeke, Apnellant . Joseph Stein, Appellant � Edward E. D'Keilly, Appellant _ Anton A. �iicklander, Appellant Karen Hoyle, Appellant � Robert Hayle, Appellant : Eldon Morrison, Architect . Niels Fruhstuck, . Appellant Thomas M. Mooney, Appellant . , STAFF PRESENT: Patricia Moxness, Secretary, Appeals Board The meeting was called to order at 1 : 40 p .m. The minutes of the meeting of blarch 8, I977, ��ere anproved as mailed out to tfie Board members . Chairman Wozniak reported that a renlacement had not yet been made ta . fill the Board membership vacancy created by Norma Sommerdorf's resig- nation . ,.; . � -4- 4/I2�77 - bfeeting No. 128 � ' ' Cassette Ta�e No. 140 - 10- 77-H 1907 Feronia An.ton A. ��Iicklander . (six units) - S UB JE CT: - - Request Wa.iver of St. Paul Legislative Code provisions pertaining to cellar occupancies, with 'ieference to tz,ro .apartments , as designated in Survey Letter of 2/16/77, so as to obtain Certificate �of Occupancy, because of financial hardship. APPE�IRANCE: Anton A. Wicklander � • PROCEEDINGS: , �Mr. iYicklander explained that he had purchased the property from his grandfather. In checking back thrvugh previous recards of ownership, . he had learned that one basement apartment, #5 , had been nut in in 1957, . and Apt. #6 in 1960 . . Frank Staffenson stated that Apt . #5' s bedroom window was very small and situated about 6 ft. off the basement floor, and in its present size and placement it could not be used as an exit, but this could be corrected. As for Apt. #6, it was 44 ft. from the nearest exit, and the bedroom windows were the standard 34 X 23 basement type, which made its use as an exit practically impossible . Mr. jVicklander said that an inspector had come out to measure the windot�s and had explained exactly �ahat i�ras needed. P.Ir. tiVicklander had then � purchased new 5 X 5 sliding windotJS which he «ould install less than four feet above the basement floor. They tiaould be easily accessible for exit use, especially �1ith the larger window-well that ZJOU1d be constructed. Apt. #6 , which was 44 ft. away from the stairway exit, would have two of these windows installed, so there �aould be two emergency exits in addition to the rather distant stairway. , � . ' �� 1907 Feronia -5- 4/I2/77- i�I°eting No� I28 � ' Cassette Tape No. 14Q - PROCEEDINGS : (continued) Mr. Staffenson agreed that this tisould bring the exiz situati����0 satisfactory compliance . l�ir. Tieso asked if there would be sufficient ventilation for �ach of : the apartments . �Tr. Nicklander replied that there was a mechanical ventilator in the bathroom of one unit, and the bathroom of the other unit had ventilation througli th.e chimney. - I�ir. Staffenson recommended that a mechanical ventilating fan be instalZed in tfie batFiroom not noti,r having one , and Aixa ��icklander agreed to do this . Mr. �+Ticklander said he would have the new sliding ivindows compl�tely installed fiy fall of I977, and for tfie remaining s�rork, he felt tfi.e city Fiad allowed Iiim sufficient time, allo��ring until ��iarch 16, 1978. B"O�ARD �ACTI ON: Mr. Tieso moved that a waiver of St . Paul Legislative Code provisions proh.ibiting cellar occupanices be granted, on condition that Iarger, easily accessifile windows be installed in .Apts . #5 and #6 and th..at mechanical ventilation be installed in the batTiroam unit not now sa equipped. Ch.airman Wozniak seconded. MOTION CARRIED AND SO ORDERED. : THE �T�TE: Ayes - 5 Nayes - 0 � Abstentions - 0 ' , � 4/12/77 - :�leetin� ;Vo. 123 � . . � Cassette Tane :V'o. 140 - 1�1INUTES OF THE r�ETI�;G � ST. PAUL BOARD OF �PPEALS � REVIE►� Tuesday, April 12 , I977 City Council Committee Room 7Q7 City Hall and Court House 1 : 30 n .m. � D�IE?�iB�RS PRES�ENT: D. Donald j�'ozniak, Cfiairman Arthux I�i. Tieso Estyr Bradle� Peake Ronald Glassman David Heider D�IBER ABSENT: James Voigt AGEVCIES� PRESE:�T: Department of Community Services - Division of of I�ousing and Building Code Enforcement: - �rank Staffenson, Supervisor, Housi.ng Code Inspectia� Gary Eichele, Housing Code Ins�ector St . Paui Fire Prevention Bureau: Dan Norrgran, Assistant Fire bZars haI Jim Tuckex OTHERS PRE�ENT: Robert J. Foley, Appellant Belle Miller, Anpellant Rabbi Solomon Miller, Appellant C. A. Lindeke, Apnellant Joseph Stein, Appellant � Edward E. D'F-Ieilly, AppeTlant Anton A. T�tlicklander, Appella.ri.t Karen Hoyle, Appellant � Robert Hoyle, Appellant � . Eldon Morrison, Architect . Niels Fru�stuck, . Appellant Thomas M. Mooney, Appellant STAFF PRESENT: Patricia Moxness, Secretary, Appeals Board The meeting was called to order at 1: 40 p .rn. The minutes of tFie meeting of March 8, 1977, were anaroved as mailed out to the Board members . � Chairman Wozniak reported that a reolacement had not yet been made to fill the Board membership vacancy created by Norma Sommerdorf' s resig- nation . t , -11- 4/I2�77 - .'�'Ieeting vo. I28 ' Cassette Tape No. �40 � --- - - --- -- -- ----- ------- -------- -- -- -- -- - ---------- ---------- - ------� 18- 77-H 1554 Fulham Robert � Karen Hoyle (Construction plans for proposed duplex) SUBJECT: Request Waiver of St. Paul Legislative Code , Seetion 54. I3 Cd) . pertaining to basement sleeping space , because substantia� costs of planning already incurred and loan commitments obtained e�roul:d be a fin ancial hardship if plans are not approved for vranosed construction. , ��' -12- 4/12/77 - Meeting :Vo. I28 � � 1554 Fulham Cassette Tane No. 140 APPEAR4NCE : Karen and Robert Hoyle � Eldon Tiorrison, Architect PROCEEDINGS: hlr. i�forrison displayed a model of the home which the Hoyles proposed to build, explaining that, initially, it �sould be built as a sinole family residence, with the possibility of later finishing the basement into an apartment. Since the lot was sloping, the b ack section of the basement would be more than SO% beloza grade , but the front area was a walkout with many windows . The Iot was slightly undersized for a : duplex in meeting zoning requirements , so with the approual of the neighboring residents, they had appealed for a variance with the Zoning Board and t�iis was granted. Fin ancing had then been obtained from a . lending institution on the basis of the proposed p1 an. In the course of securing building permits from the city of St. PauZ, it tvas found _ th.at tl�e plan did not conform to city code provisions pertaining ta basement occupancies and the Hoyles fiad been advised to seek a waiver of thnse requirements. In consultation with the city building depart- ment, some minor changes were made, one change being the addition of steps in �rindow �rells to make th.em easy to use as exits in case of emergency. Th.ese tizexe situated in tfie rear area of the basement where it was planned to make tra�o �edrooms if and wFien an apartment was finished. Mr. b4orrison said tIie city� s only concern after all had agreed on the suggested modi- ��cations �ras that a variance be obtained on basement occunancy. Mrs. Peake felt tfie city should not approve such plans in new construction, even though subject to the granting of a variance by the Board of Appeals , �rhen they r�rere telling owners of buildings with basement apartments �rfi.icIi had been in existence for many years that they could no longer rent tFieYa. CFiairman tlTozn3ak said it was his thought that the city wanted people to proyide Tietter, safer living standards in basement accammodations_. . At one time, a cellar was just a cellar when a house was constructed, and as th.e years went by, sometimes it was converted to an apartment � but with many sani.tary and health deficiencies because sucfi. use was never meant to be. � Frank Staffenson stated that the plan was in violation of Chapter 54 in - t�,ro t�rays: �1J Insufficient light and ventilation in the kitchen, where - tFiere was no �rindow, and �2� It �ras a basement occupancy. The plan could not pa�s tFirougTi plan review if there wa�s a violation of the code-.- _ ` : it was necessary to obtain a variance from the .Bo ard. BOARD ACTION: Chairman Wozniak moved that the waiver of basement occupancy be granted. Mr. Heider seconded. b10TI0N FAILED TO CARRY. THE VOTE: Ayes - 2 (`Yozniak, Heider) Nayes - 3 (Glassman, Peake , Tieso) s��554 Fulham - 13- 4/12/ 77 - Nleeting No . 128 ' ' Cassette Tane �o. 140 � FURTHER PROCEEDI:�'GS : hir. Glassman explained that his reason for the neg�tive vote �Jas that the �roposed home i�rould be ne�� construction, and he felt it would be better to chande the plans now to comnly z��ith the code . �ie said he <<as more sympathetic to basement occupancies t�here they have been in existence for many years , j�here people have purchased such pro�erty in good faith based on the amount of income generated and later faund them to be illegal . Vacating an apartment in these circumstances could be a real financial hardship. Chairman ��'ozniak said the only basis of the appeal is that it is a � basement occupancy. The main �roblem ta be considered in such areas � is the matter of fire safety, provision of sufficient accessible e?cits . I�h.at i�ith ne��� construction and the use o� modern materials, there ��auZd be no h.ealth. �iazard. He felt the Board iJas created primarily to dea2 ��ith situations ��rfiere it considered the code too inflexible , and, in his opinion, tfiis was such a situation. hir. Glassman inquired why the plan could not be redesigned as a split foyer, or if the grade level could not be changed by- leveling the Iand deeper into the hillside area. b1r. Morrisonsaid this could not be done �+rithout detracting from the appearance of t�ie fi ouses and it would also mean a steep bank on eithe r side dropping from the grade o� tlle homes adjoining it. It was planned: to �it in witFi tFie ne 'ighiiori.ng older Iiomes. Mr. Hoyle remarked that another consideration was that their fin ancial commitment was obtained in March at a rate of 8�% , but if it was necessary to renegotiate , the current rate on home loans was 9� , which meant a substantial difference to them. Not only that, but he had already spent nearly $3,000 in architectural fees and other expenses in just the plan- ning of their dream house . . Mr. Glassman said he would be willing to change his vote if the Hoyles ` would make a few changes in their plans ta supply more light to the ` � back area of the basement. . Chairman Wozniak asked if someone from the prevailing side on the previous motion (one of those who voted against granting the waiver) cared to make a motion to reconsider. Mr. Glassman asked if it would be possible to put a window in every � room proposed for a basement apartment, and Mr. Morrison said it would be . Mr. Tieso said he could change his vote to the affirmative with this change in the plans . . BOARD ACTION: D1r. Tieso moved that the motion denying the appeal be reconsidered. I�1r. Glassman seconded. MOTION CARRIED AVD SO ORDERED. � THE VOTE : Ayes - 4 Nayes - 1 (Peake1 Abstenti.ons - U ,1554 Fulham - 14 - 4/12/77 - Meeting No. ].28 • , Cassette Tape No. 140 � FURTHER BOARD ACTION: l�ir. Tieso moved that the t�•aiver of basement occupancy requirements be granted, provided additional iaindows are installed in the basement level apartment area to comply with St. Paul code requirements so as to increase lighting and ventilati.on in those areas considered basement occupancies . bir. Heider seconded. MOTION CARRIED AvD SO ORDERED. THE VOTE: Ayes - 4 Nayes - 1 (Peake) Abstentions - 0 ' � 4/I2/77 - Rteetin� :'Va. 7.28. . Cassette Tape �,'a. 140 " � � i�1I:�TUTES OF THE ;���ETI�TG � ST. PAUL BOARD OF APPEALS � REVIE�ti Tuesday, April I2 , 1977 City Council Committee Room 707 City Hall and Court House 1 : 30 p .m. � hlEriB�RS PRES�ENT: D. Donald j•�'ozniak, Ch.airman Arthur I�i, Tieso Estyx Bradle� Peake Ronald Glassman David Heider MEMBER ABSENT: James Voigt AGENCTES� �R�SENT: Department of Community Services - Division of of Hous-ing and Building Code Enforcemen.t: Frank Staffenson, Sunervisor, Housing Code Inspectiort Gary Eichele, Housing Code Inspectar St. Paul Fire Preven.tion Bureau: Dan Norrgran, Ass istant Fire 1�larshal Jim Tuckex OT�iERS PRE�ENT: Robert J. Foley, Appellant $elle Miller, Anpellant Rabbi Solomon Mi11er, Appel2ant C. A. Lindeke, Apnellant Joseph Stein, Appellant � Edward E. D'I-�eilly, Appellant Anton A. k�icklander, Appellant , Karen Hoyle, Appellant � Robert Hayle, Appellant - . Eldon Morrison, Architect . Niels Fruhstuck, . Appellant Thomas M. Mooney, Appellant STAFF PRESENT: Patricia Moxness , Secretary, Appeals Board The meeting was called to order at 1 : 40 p.m. The minutes of the meeting of March 8, 1977, were apnroved as mailed out to tFie Board members . � Chairman Wozniak reported that a replacement had not yet been made to fill the Baard membership vacancy created by Nor�na SommerdorfTs resig- nation . . � - - 7- 4/12/77 - I�ieeting No. I28 * Cassette Tape No . 140 _. _ ___�.__..L..� ' i � ; � I I � . I 13- 77-H 668-674 E. 4th St. Clarence A. Lirideke (13 units) dba The Cherokee Co. SUBJECT: i2equest Waiver of St . Paul Legislative Code provisions requiring: (1) Hand sinks in two b athrooms , (2) Installation of complete new bath- room facility where two apartments now share one b athraom, and (3) Fire- rated doors at a11 front entrances. Also, request Extension of Time � from March 1, 1978 to October l, 1978, to complete i,rark on remaining items designated in Survey Letter of 3/1/77, sa as to obtain Certificate of Occup ancy. -Both requests made on grounds of finan cial h ardship. APPEARANCE: C1 arence A. Lindeke PROCEEDINGS : Mr. Lindeke said the only apartments to share a bathroom facility are two small apartments which are always rented to single people . In the case of the two bathrooms where a handsink is required, he said there was no space available , but in each instance the�kitchen sink was very nearby and could be used for handwashing. Chairman Wozniak asked if all the other work had been done . Mr. Lindeke replied that all the plumbing, electrical and heating work had been done, but some of the general mainten ance type items were sti13 in process because of inability to enter all the apartments at all times . He currently had a full-time painter working there , four or five neta bathroom floors had been installed, and a new roof h ad been put on. He said the third item he was asking the Board to waive ��xas the require- ment of firedoors and enclosed stairiaells . He explained that there i�rere four entrances and each entrance served three apartments , and there ��ras no place at 668 or 670 to install them. 6€i8-674 � . 4th St . - 8- 4/12/77 - 1`•teetireg vo. �28� - � ' � Cassette Tape No. 140 ' _ . , PROCEEDIN.GS : (continued) ��`��� Frank Staffenson said that Dan Person, Senior Building Inspector, <<rould be i�illing to s}io�� A1r. Lindeke how it could be done. He stressed the impartance of fire doors and stairivell enclosures to life safet;� ichen a fire occurs . He said his department �aould be agreeable to a ��aiver of the handsink installations and the shared bathroom problem, but not to the fire safety requirements . BOARD ACTIOV: l�ir. Glassman moved that waivers be granted on the hand sink requirement : and the shared bathroom situation involving the two small apartments . �Ir. Tieso amended the motion to add that the two small apartments be restricted to orie tenant in each. hlr. Glassman maved to include i� his motion that the matter of the installation of fire doars and stai.r��•ell enclosures be laid over until the I�7ay meeting, to allow time for the Appellant to meet with a re�resentative of the city building depart- ment to work out a plan for such instaZlations or to ascertain if �t can be done . T1r. Heider seconded. MOTION CARRIED AND SO ORDERED. - THE VOTE: Ayes - 5 Nayes - 0 Abstentions - �0 � 4�12/77 - I�Ieetin� �Io. I28 Casset te Tape �4�0 . 140 ' . . , �1INUTES OF THE �IEETI\jG ST. PAUL BOARD OF APPEALS � REVIEit Tuesday, April 12 , I97? City Council Committee Room 7Q7 City Hall and Court House 1 : 30. n.m. i•IEr�iB�RS PRESENT; D. Donald bVozniak, Ch.airman Arth.zir i�i. Ti.eso Estyr Bradle�r Peake � Ronald Glassman David Heider D�IBER ABSENT: James Voigt AGENCIES PR�SE:�T: Department of Community Services - Division of of �-Iousing and Building Code Enforcement: Frank Staffenson, S�unervisor, Houszng Code Inspectian Gary Eichele, Housing Code Inspector St. Paul Fire Prev�ntion Bnreau: Dan Norrgran, Assi�tant Fire biars hal Jim Tuckex OTHERS PRESENT: Robert J. Foley, Appellant $elle Miller, Anpellant Rabbi Solomon Miller, Appellant - C. A. Lindeke, Apnellan't Joseph Stein, Appellant - Ed��rard E. DtHeilly, Appellant Anton A. �Vicklander, �ppellant Karen Hoyle, Appellant � Robert Hoyle, Appellant : Eldon Morrison, Architect _ Niels Fruhstuck, . Appellant Thomas M. Mooney , Appellant STAFF PRESENT: Patricia Moxness , Secretary, Appeals Board The meeting was called to order at 1 : 40 p.m. The minutes of tFie meeting of March 8, 1977, t�ere av�roved as mailed out to tfie Board members . Chairman �Vozniak reported that a renlacement had not yet been made to fill the Board membership vacancy created by Norma Sammerdarf's resig- nation . ---.■.�■w . � .� " -10- 4fI2/77 - Aieeting \o. 1?g ` � ' �� Cassette Tape Na. 140 ., � � _ „ - _ _ ,:...�_.._.; ,... �.,�:.��r� ������ __ _ _ _ ....�__�._,...�..,.. 16-77-H 1857 Carroll Ave. Niels B. Fruhstuck _ (six units) . SUBJECT: Request Waiver of St. Paul Legislative Code provisions pertaining to basement occupancies , so as to obtain Certificate of Occupancy for one basement unit, because added income is needed. APPEARANCE : Niels B. Fruhstuck � PROCEEDINGS: . NIr. Fruhstuck explained that he had worked out plans to overcome the . city' s objections to his previous request to use a room in the basement as a sleeping room rental. He planned to install larger windotias that � would swing open, rather than be pushed up, to make a more easily accessible exit to the outside. He would remove the s.pace heater and � run hot water heat to a radiator in the unit. Frank Staffenson said that his department had requested Mr. . Fruhstuck to supply plans on paper to be sure they were adequate and met fixe safety requirements , but so far none had been received. He said Dan Person had been out to see the building and that Mr. Fruhstuck was combining the tz�ro basement rooms and a bathroom a�d providing large- sized windows . If I��r. Fruhstuck would now supply written plans to the Code Enforcement Division, the latter ti�ould be iailling to see a variance granted on basement occup ancy. He said a double wall of 5/8" � sheetrock was also reQuired on the wall that faced on the boiler room. � . ,-� 1857 Carroll - 11- 4/I2/77 - :�'feeting :Vo. 128 Cassette Tape No. 140 . BOARD .�CTIOV: , rlr. Glassman moved that a 1�,'aiver be granted on basement occupancy for one unit , subject to approval of i��ritter� nlans sup�lied by the A��sellant to the Code Enforcement Division . �1r . Tieso seconded. MOTION CARRIED A\D SO ORDERED. :�y-es - S Nayes - 0 Abstentions - 0 - -- -- - -- - - - -- - -- - - - - -- - - --- ---- ------------ ------ -- -- --- - -- - ' • � 4/IZ/77 - nleetin� �Vo. I23 � _ , Cassette Tape V`o . ].40 � •. TIINUTES OF THE :�IEETI\tG � ST. PAUL BOARD OF APPEALS F� REViEr� Tuesday, April 12 , 1977 City Council Committee Room 707 City Hall and Court Hause 1 : 30 n .m. �IEAIBERS PRES�ENT: D. Donald ti�'ozniak, Chairman Artluzr l�i. Tieso Esty�r Sradle� Peake : Ronald Glassman David Heider MEMBER ABSF��IT: James Voigt AGEVCIES` PRESENTt Department of Community Services - DiYiszart of of Housing and Building Cade Enforcemen�: �rank Staffenson, �unervisor, Housing Code Inspection Gary Eichele, Housing Code Inspector St. Paul Fire Prevention Bureau: Dan Norrgran, Ass.is.tant Fire Marsh.al Jim Tuckex� OTHERS PRESENT: Robert J. Foley, Appellan� Belle Millex, Anpellant Ratibi Solomon Miller, Appellant C. A. Lindeke, Apnellant - Joseph Stein, Appellant - � Edward E. D'�Ieilly, Appellant Anton A. kYicklander, Appellant Karen Hoyle, Appellant � Robert Hoyle, Appellant . Eldon Morrison, Architect . . Niels Fruhstuck, .-Appellant Thomas M. Mooney , Appellant . STAFF PRESENT: Patricia Moxness , Secretary, Appeals Board The meeting was called to order at 1 : 40 p.m. The minutes of the meeting of March 8, 1977, were anp roved as mailed out to tfie Board members . � Chairman Wozniak reported that a renlacement had not yet been made to fill the Board membership vacancy created by Norma Sommerdorfts resig- nation . -----•.� �-.Vt ,' ' - 11- 4/I2/77 -- :�Ieetina �o. 128 Cassette Tape No. 140 • . t � ����� 1i- 77-H 1844 Grand Avenue Edward E. D`Heilly ` � (5 units) an behalf of Vida A'Hei�ly, . SUBJECT: . _ Request j�laiver of St. Paul Legislative Code requiremerits pertaining �o basement occupancies, so as to obtain Certificate of Occupancy far - basement apartment, because of financial hardship_ � _ - APPEARA.'�TCE : Ed�aard E. D�F-Teilly : . PROCEEDINGS : � - ;�1r. D'Hei11y stated that the basement apartment of �he building ot��ned by his 83-year-o1d mother was more than SQg below grade, and it z�ras _ this requirement he was ask3:ng tFie Board to waive.� There i,texe other minor deficiencies s�-�icFi would be correc-Ced, provided the grade 2evel requirement i�tas not going to profiibit continued rental of the apar�ment.. Frank. Stafferison said the� windoti,rs were somez�rhat short of requirements for light and ventilation and were about S ft. 5 in� from the flaor, . but were close enough to code to allow them to remain as they are, � since there are already two means of egress to satisfy fire �safety - standards. He asked about ventilation arrangements �in the bathroom, - � and Mr. D�Heilly replied that mechanicaz ventilation was nr�vi:ded. - BOARD ACTION: . � - Mr. Tieso moved that a waiver be granfied so as to alla� basement occu-� � pancy for, Apt. #5, provided all other requirements Iisted in Su�vey - Letter of 3/21/77 are met. Mrs. Peake seGOnded. MOTION CARRIED A.ND SO ORDERED. ' _ - � THE VOTE• . Ayes - S Nayes - 0 Abstentians - Q _ _ _._ _.�_. ._:_.�_..a.s�......�...s._...�...� � - � .. , . . . . .� ' `! 4/I2/77 - Aleeting No. 128 . Casset te Tape �'o . 140 ' fi1INUTES OF THE 1�IEETItiG ST. PAUL BOARD OF APPEALS � REVIEtti` Tuesday, April 12 , 1977 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. �1E?�iB�RS PRESENT: D. Donald ��rozniak, Ciiair�an Arthux I�1. Tieso Hstyx Bxadle� Peake Ronald Glassman David Heider A��iBER ABSENT: James Voigt AGEVCIES PRESENT: Department of Community Services - Division of of Housing and Building Cade Enforcement: Frank Staffenson, Sunervisar, Housing Code Inspection Gary Eichele, Housing Code Inspector St. Paul Fire Preverition Bureau: Dan Noxrgran, Assi�tant Fire hiars haI Jim Tuckex OT�IERS PRESENT: Robert J. Foley, Appellant $elle Millex, Anpellant Rabbi Solomon Miller, Appellan t C. A. Lindeke, Apnellant Joseph Stein, Appellant Edward E. D'�-Ieilly, Appellant Anton A. t�iicklander, Appella.nt . Kaxen Hoyle, Appellant . � Robert Hayle, Appellant ; Eldon Morrison, Architect . Niels Fruhstuck, .�Appellant Thomas M. Mooney , Appellant STAFF PRESENT: Patricia Moxness , Secretary, Appeals Board The meeting was called to order at 1: 40 p.m. The minutes of tFie meeting of h7arch 8, 1977, were apnroved as mailed out to tFie Board members . Chairman Wozniak reported that a renlacement had not yet been made to � fill the Board membership vacancy created by NorFaa Sommerdorf's resig- nation . :