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269152 WHITE - CITV CLERK � PINK - FINANCE GITY OF SAINT PAITL Council . . ����•�� CANARY -BEPARTMENT � C BLUE -MAYOR File NO. l Resolution . Presented By f Referre 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 prop- erty and as shown by the Excerpted Minutes of said Board of Appeals and Review, dated May 10, 1977, and marked EXHIBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT 5/10/77 21-77-B 383 Jessamine Avenue Robert D. Smith (Single family residence) BOARD ACTION: Granted Waiver of payment of fees required under Vacant Building Registration Ordinance, and granted refund of $10.00 filing fee for appeal. Property Description: Dorr and Stone' s subdivision - Lots 14 and 15 - -------------------- Block l. 5/10/77 22-77-B 833 Ashland Avenue James Miles (Single family residence) BOARD ACTION: Granted Waiver of Pay�nt of fees required unt'�er Vacant Building Registration Ordinance, provided building permits be obtained and rehabilitat�o� work started no later than June 10, 1977. Property Description: Bryant' s Addition - Lot 22 - Block 1. -------------------- COUNCILMEN Yeas Nays Requested by Department of: Butler In Favor Hozza Hunt Levine Against BY Rcedler Sylvester Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By, Approved by Mayor: Date Approved by Mayor for Submission to Council By BY WHITE - CITV CLERK . y ,y PINK - FINANCE G I TY OF �SA I NT PA U L Council ,�,'-�� i�'��� CANARY -�DEPARTMENT L ..�._a ld-j � BLUE - MAVOR File NO• • . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 2. DATE OF BOARD MINUTES CASE N0. PROPERTY APPELLANT --�-- 5/10/77 23-77-H 721 Wilson Avenue Henry L. Valentine (Fourplex) � BOARD ACTION: Granted Extension of Time to comp).ete work on code violations, as designated in Survey Letter of 3/29/77 excepting waived item pertaining to shared bathrooms, to August 1, 1977, for interior work and to October l, 1977, for exterior work. Property Description: Wilder and Dodge' s subdivision of Block 48 - Lyman Dayton' s Addition - Lot 18 - Block 2. -------------------- , COUNCILMEN Requested by Department of: Yeas Nays Butler Hozza In Favor Hunt 0" Levine __ Against BY Roedler Sylvester Tede M,4Y 31 �9� Form Approved by City Attorney Adopt y Council- Date p�r�2���� . rtified P� - by Co � Secreta�y By S ��- �!�'A" By, ��-- � Appro• by Mayor: Dat 2� �977 Approved by Mayor for Submission to Councii By By PUBLISHED JUN �. 1 1977 • EXI�lB/T � ' 38� Jessamine Ave . - 8- 5/1Q/ 77 - I�1ee�Cing No . I29 ' Cassette Tape No. 141 CASE N0. PROPERTY APPELLANT ����:��,� : 21- 77-E 383 Jessamine Ave . Robert D. Smith (single family dtti�elling) SUBJ�CT : Rec�uest �Gai.ver of St . Paul Legislative Code requirement pertaining to payment of fees required under Vacant Building Registration ordinance , because of financial hardship . APPEARANCE : Mr. and Mrs . Robert D. Smith � PROCEEDINGS: N1r. Smith related that when he bought the property in June , 1976, it had been vacant and boarded up for three years . In the fall he was billed �45 in quarterly fees and had called the city to ask if he was reQuired to pay when he was actually in process of rehabilitating the structure and intended to occuny it . He was told that he should write a letter to the city spelling out the details of the work he was doing, and that he would probably not need to pay the fees . He wrote the letter, but shortly thereafter was fined $10 for non-payment of the fees . He paid the fine, fiut then filed his appeal . Chairman Wozniak inquired as to how much work the Smiths h�d don� to date. Nirs . Smith replied that they had repaired all the windows , but had not taken down the boards �rotecting them because they feared all would be broken before they had completed other work and were ready ta move in . They had put on a new roof and made various other �exterior repairs , and had put in a new foundation. Building permits had been obtained for the items requiring them. . Mr. Tieso said he was under the impression, from the discussion earlier in the meeting regarding the enforcement of the Vacant Building ordinance, that the city would not bill owners who had ta��n out building permits , which would indicate that rehabilitation was t king place: Steve Roy, a city building inspector charged with responsibility for enforcement of the ordinance for the past two months , had been instructed to enforce it to the letter of the law, he said, which meant that if any part of a building became vacant or unoccupied an d any of the doors or windows were boarded up or secured by any other means than cvnventional methods , that the owner must register the building within 30 days , , Assoc- iated with the registration was the requiremer�t that the owner be billed $45 per quarter. Chairman Wozniak commented that another part of the ordinance said that if an owner submits a plan which implies that a building permit was bein g acauired, the Code Enforcement authorities could grant the o�mer six months to do the ���rk and the Board of Appeals �sas empowered to grant an additional six months . � , 383 Jessamine Ave . -9 - 5/10/77 - Meeting No. I29 • _ • Cassette Tape No . 141 n��. ; � ' PROCEEDINGS: (continued) ����_�"�,'� Mr. Roy agreed, but said there was nothing in the ordinance concerning waiver of the fee , just that the owner could be granted six months to either tear dotian the structure or rehabilitate it . Chairman t�ozniak thought it ilas urgent tfiat guidelines for enforcement of the ordinance be established which would be reasonable and fair to the persons who demonstrate a sincere effort to rehabilitate a building. If steady progress was being made , he felt that the additional burden of registration fees should not be required. � Dan Person remarked that a building permit expires if nothin g is done � within 120 days . Chairman tivozniak thought that this might be a rule to go by- -if wark did not proceed within 120 davs, fees would then be required. He said the rationale of the ordina�cA t�ras� te instigate some action on the owner' s part. '•�r. Roy reported that he had discussed the situation with Sam Blue, S�a�eryisor of Building Inspectors , in the last two weeks . They had con- �luded that, if it appeared that a good conscientious effort was being -�a3e by an o�vner to rehab a structure, fees would not be required. This decision had been made , however, after Mr. Smith had already been issued a ticket for non-payment and after he had filed his appeal to the Board. In the future, he said, when a building permit is pulled, payment of fees will be waived and a periodic check on progress will be made . If the type of work an owner claimed he was doing did not reQuire a building nermit, on the other hand, registration fees would not be waived because in most cases it was inside work on which progress could �ot be seen, Mr. Roy said that sometimes owners claim to be rehabilitating a building but actually do nothing, and occasionally an owner wi11 take out a permit, do some of the work, but then stop for long periods of time . This type of situation �rould not be allowed to continue and the owner would again be charged the fees . Mr. Tieso felt that an owner who was proceeding satisfactorily should not be required to unboard a structure before it was ready for occupancy, for. the sake o£ protecting the vacant building from vandalism. ' hir. Roy agreed with Mr. Tieso and expressed regret that the Smiths had experienced the problems they had, but with the new, more flexible policy his department h.ad decided upon, similar situations should not occur. As for cases where a building permit is taken out and no work done within . 120 days, some type of system would have to be �,rorked out internally whereby his department would receive notification of cancellation of a permit, a system not in existence at the present time . Dan Person said it was not necessary that all the work covered by the building p�rmit be done within 120 days , just so steady progress was being made and ;�ork �ad not come to a halt . BO.aRD ACT�^\: i�1r. Glassman moved that all fees presently owed under the ti'a;.ant Su��ding Registration ordinance be waived, and that the filing fee for _a�apellant� s apneal be refunded. h1r. Tieso seconded. MOTION CARRIED AtiD SO ORDERED. THE VQTE : Ayes - 5 Nayes - 0 Abstentions - 0 , 5/10/77 - bleeting No . 129- . Cassette Tape No. 141 �1I:�UTES OF TNE 1�1EETING ST. PAUL BOARD OF APPEALS A:'�'D REVIEW Tuesday, blay 10 , 1977 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEMBERS PRESENT: D. Donald Woznia.k, Chairman Arthur M. Tieso Ronal d G1 assman David Heider James Voigt MEMBER ABSENT: Estyr Bradley Peake A�ENCYES PRE�ENT: Department of Community Services - llivision of Housing and Building Code Enforcement: Frank Staffenson, Supervisor of Housing Inspectors Steve Roy, Housing Inspector Dan J. Person, Senior Building Inspector Doug Sch�rab, Senior Plumbing Inspector Fire Prevention Bureau: Dan Norrgran, Asst. Fire Marshal James Tucker OTHERS PRESENT: Clarence A. Lindeke , Appellant Joseph Stein, Appellant � Thomas Barrett Scott Tilsen Mike ReFier, Appel�ant Ray �illes, Appellant James Mi.les, Appellant Mr. � Mrs. Robert D. Smith, AppeZlants Henry L. Valentine , Appellant Robert W. Scholz , Appellant STAFF PRESENT. Patricia Moxness , Appeals Board Seeretary The meeting was called to order at 1: 40 p.m. The minutes of the meeting of April 12 , 1977, were approved as mailed out to the members . . `22-��-B - 10- S/10/77 - b�eeting No. 129 ' Cassette Tape No. I41 CASE N0. PROPERTI' APPEL�AN T 22 - 77-B 833 Ashland Avenue James N�i1es �' '"" (sin�le family) � ���:_�� SUBJECT: Request tiVaiver of St . Paul Legislative Code requirement per— taining to payment of fees required under Vacant Building Registration ordinance , because of financial hardship . APPEaRANCE : James ��Iiles PROCEEDINGS : �1r. Miles said he made a purchase agreement on the pronesty in January, 1977, for closing on April 4, and expected to be rehabbing it by April 15 . Hoieever, part of the agreement was that he would attempt to reb ate the back taxes , and before a deed could be filed and legal ownership assumed, all back taxes had to be paid. Taxes were not rebated until May 2 , so his time schedule for beginning work had been delayed. He said he expected to apply for approval of his plans and the necessary building permits this week and to start actual work next week, with the intention of com- pleting all work by the end of July, 1977 . He had already close d the deal on the house , the deed h.ad been filed, and his financing was arranged. BOARD ACTION: I�1r. Glassman moved that the Vacant Building Registration fees be waived, on condition that all building permits were obtained and work begun within 30 days . Mr. Heider seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - S Nayes - 0 Abstentions - 0 -- - --- ----- -- -- - - - - -- - - -- -- -- -- -- -- -- -- -- -- -- - - ------ -- -- - --- -- - ---- -- -- � . 5/10/77 - Meeting No . 1?9' � � Cassette Tape No. 141 . �fI�UTES OF THE bfEETING ST. PAUL BOARD OF APPEALS E1:tiTD REVIEtiV Tuesday, May 10 , 1977 City Council Committee Room 707 City Hall and Court House 1: 30 p.m. NIEb1BERS PRESENT: D. Donald jVozniak , Chairman Arthur 1�1. Tieso Ronald Glassman David Heider James Voigt ?�'IEMBER ABSEh'T: Es tyr Bradley Pe ake A�ENCIE� PRESEtiT: Department of Community Services - Division of Housing and Building Code Enforcement : Frank Staffenson, Supervisor of Hausing Inspectors Steve Roy, Housing Inspector Dan J. Person, Senior Building Inspector Doug Schwab, Senior Plumbing Inspector Fire Prevention Bureau: Dan Norrgran, Asst. Fire Marshal James Tucker , OTHERS PRESENT: Clarence A. �,indeke , Appellant Joseph Stein, Appellant Thomas Barrett Scott Tilsen Mike Reher, Appellant Ray �illes, Appellant Janles Mi.les, Appellant Mr. � Mr�. Robert D. Smith, Appellants Henry L. Valentine , Appellant Robert W. Scholz, Appellant STAFF PRESENT: Patricia Moxness , Appeals Board Secretary The meeting was called to order at 1: 40 p.m. The minutes of the meeting of April 12 , 1977, were appraved as mailed • out to the members . f , • - 10- 5/10/i7 - Meeting No. 129 ' Cassette Tape No . 141 ������ ,, � . �, CASE N0. PROPERTY APPELLANT . 23- 77-H 721 Wilson Ave . Henry L. Valentine (four units) SUBJECT: Rec{uest tiJaiver of St . Paul Legislative Code provision prohibiting shared bathrooms , because higher rents reQuired by the addition of such facilities would be a financial hardship to the tenants . APPEARANCE: Henry L. Valentine PROCEEDINGS: . 1�1r. Valentine explained that the two first floor anartment tenants shared a room wit�i a water closet only in it--no hand lavatory, tub or shower. Tenants of these two units shared the use of the tub , 23- 77-H - 11- 5/10/77 - Meeting No. 129 � ' Cassette Tape No. 141 PROCEEDItiTGS : (continued) ����.� in the second floor bathroom with the tenants of the two second f2oor apartments . He �vas willing to add a hand lavatory and tub to the water closet ro�:n on the first flaor. Each af the four apartments was occupied by a single tenant. He requested that a waiirer be granted to allow the occupants of each floor to share the bathroom facility on that floor. �1r. Glassm,an asked if progress was being made on all other items listed in the 3/28/77 letter from the Code Enforcement Division following their , inspection . � Mr. Valentine said he had begun work on them, and had recently moved the hot tiJater heater next to a chimney to eliminate a fixe hazard. He said he felt a11 the other work required was reasonable and had no objection to complying . He said his tenants were all people of very low incomes who could not afford higher rents and there was a need for this type of rental. AlI four apartments consisted of just two rooms each, a kitchen and bed-sitting room. He expected to have all the work done by the end of July on the interior, but would like until October 1 to complete all the exterior work required. 30ARD ACTIO:�: Chairman Wozniak moved that a waiver on the shared b athrooms be granted on condition that the first floor bathroom be completed and occupancy of each of the four units be restricted to one person, and he further moved that an extension of time to August l , 1977, be granted for com- pletion of the interior work, and to October 1, 1977, for the exterior work. I�ir. Glassman seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - S Nayes - 0 Abstentions - 0 - - - - -- ---- -- - - - - - - -- ---- -- ---- - -- --- - - -- -- -- -- - --- -- ---- - - - -- - -- --- -- -- - S/10/77 - Nleeting 'Vo . 129 , Cassette Tape �fo. 14I � �iI�'UTES OF THE �tEETI:�G ST. PAUL BO�.P.D OF APPE:=�LS a�D REVIEtiti Tuesday, May 10 , 1977 City Council Committee Raorn 7G7 City Ha11 and Court House 1: 30 p.m. ��MBERS PRESEti`T: D. Uonald WozniaYg Chairrnan Arthur M. Tieso Ronald Glassman 1)avid He ider James Voigt hiEMBER ABSENT: Estyr Rradley Peake AGENC�ES nRESE�T: Department of Coinmunity Services - Di.visian af Housing and Building Code Enforcement : Frank Staffenson, Supervisor of Housing Inspecters Steve Roy, Housing Inspector Dan J. Person, Senior Building Inspector Doug Schwab , Senior Plumbing Ins�ector Fire Prevention Bureau: Dan Norrgran, �sst. Fire Marshal James Tucker OTHERS PRESE.�IT: Clarence A. Lindeke , Appellant Joseph Stein, Appellant Thomas Barrett Scott Tilsen Mike Re�er, Appellant Ray Gilles, Appellant - Jame� Mi.les, Appellant Mr. $ Mrs . Robert D. Smith, Appellants Henry L. Valentine , Appellant Robert W. Scholz, Appellant STAFF PRESENT: Patricia Moxness , Appeals Baard Seeretary The meeting was called to order at 1: 40 p.m. The minutes of the meeting of April 12 , 1977, were apnroved as maile d out to the members .