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268711 WH17E - CITY CLE�7K COUIICII •SC�� PINK - FINANCE G I TY O F SA I NT PA LT L � CANARY - DEPARTMENT /[! BLUE - MAVOR � FIIe NO• h•V' - �-� 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 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 February 8, 1977, and marked EXHIBIT A, and attached hereto and made a part hereof by reference: DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT 2/8/77 40-76-Ei 561 Van Buren Harold A. Petschauer, (15 units) by Louise Miller O'Neil, Attorney BOARD ACTION: Granted Waiver of St. Paul Legislative Code require- ment pertaining to shared bathrooms, provided that each apartment sharing a bath be restricted to one occupant, and that no more than four units be occu- pied on third floor of building. Said waiver granted until such time as the property be sold or any other right, title, or interest be transferred, at which time said waiver be nullified. Property Description: Michel ' s Subd. of Block 4 E. 41 ft. 7 in. of Lots 29 and 30, Block 1. COUNCILMEN Yeas Nays Requested by Department of: Butler Hozza [n Favor 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 �layor: Date Approved by Mayor for Submission to Council By BY WHI7E - CITV CLERK COUflCII "-'�� P�NK - FINANCE G I TY OF SA I NT PALT L 1 � CANARV - DEPARTMENT � BLUE �- MAYOR � Flle NO. -� � �j Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 2. DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT 2/8/77 O1-77-F 921 Bayless Environment for Learning, (St. Cecelia' s Inc. , by Mary B. Pabst, School Bldg. ) Director BOARD ACTiON: Granted. Waiver of St. Paul Legislative Code require- ment pertaining to stariway enclosures in educational occupancies, because fire-safety alarm systems in building provide adequate protection. Property Description: St. Anthony Park Lots 9, 10, and Lot 11, Block 76; 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: y�� In Favor Hunt Levine � __ Against BY — R�ee�d�r Sylvester Tedesco Adopted by Cou Date �A MRR ' 0 �n: Form Approved by City Attorney ti /�` � Certifie asse Council Secretary� BY ` � � '4 �9�� Approved by Mayor for Submission to Council Appr v d by ;Vlavor: Date By BY puBUSHE� MAR 19 1977 ��l Van B'uren - 3- - � 2/8/77 - Meeting No. 126 � �`/ H �� /� � Cassette Tape No. 138 . � ]� . . �� CASE N0. PROPERTY ' ' APPELLANT 40-76-H 561 Van Buren Ave . Harold A. Petschauer (15 units) � by- Louise Miller 0'Nei1 , Attorney SUBJECT: Request �'�aiver of St. Paul Legislative Code requirements as designated in Survey Letter of 6/22/76 so as to obtain Certificate of Occupancy because of the extent and high cost of repairs on a pronerty which HRA had indicated they intend to acauire and tear doivn. APPEARANCE: Harold Petschauer Louise Miller 0'Neil �ROCEEDINGS : Mrs . 0'Neil presented copies of correspondence between HRA an d the St. Paul City Architect, dated in the month of October, 1971, in which HRA indicate d interest in Mr. Petschauer' s property an d reauested the city to "spare Mr. Petschauer � considerable expense' on the property in the meantime ." At that time, Mr. Petschauer was in process of having the property reh_abilitated according to a schedule set up by Minnesota Housing �inance Agency. Because of HRA' s indication of interest, he stanped furtFier work, �rith about $12 , 000 worth of rehab work left to Fie done . Rehabilitation would now cost $22 , 710 , according to a list of estimates Mrs . 0'Neil distributed to Board members , including $6,650 itiorth of work rec{uired by the city,which �,ras not on the HRA rehabilitation schedule, 'for stairwell enclosures and rebuilding a fire escape . She said nothing has occurred to indicate that HR.A has abandoned . its plans to acquire the property. On behalf of Mr. Petschauer, she was therefore requesting a variance until such time as HRA would acquire the building. Frank Staffenson said his department had requested a report from HRA on the status of 561 Van Buren in their plans . In a Ietter dated December 23, 1976, the HRA project planner wrote that t�e agency had indicated interest in 1971, but in 1972 , they had informed Mr. Petschauer that the property had been dropped from their program. Again, in Nlay of 1974 and August of 1975 , HRA informed Mr. Petschauer that it was unlikely there would be any acc{uisition of the property, due to Iack of funding. Mr. Staffenson said it was the contentian of the Code Enf orcement Division that, in view of the many problems in the building, shared baths , severe electrical problems , and fire -safety factors , something had to be done . There was no possibility of FiRA action for at least the next three years , and his department was unwilling to allow the situation to continue . Chairman Wozniak asked b1r. Petschauer if, leaving the shared b athroom situation aside , he would be willing to complete the work rec{uired on the remaining items , particularly those that presented a hazard to the tenants . The chairman also pointed out that if the shared batliroom � requirement should be waived, it would be in effect only for that period of time that Mr. Petschauer owned the property, and this stipulation would be recorde d by the Register of Deeds . S�l Van Buxen - 4� -� ' 2/8/77 - Meeting No. 126 � - , Cassette Tape No. 138 PROCEEDINGS: (continued) � R �.f�8�� Mr. Petschauer agreed that the stairwell enclosures should be installed and the fire escape repaired immediately. He said he had already enclosed one stairwell . However, due to difficulty in obtaining a loan, he did not think he could complete the remaining work for another two or three ye ars . Mr. Heider suggested that the appellant should meet with Frank Staffenson to determine the items most critical to health and safety an d to set up a �cFiedule of priorities . Mr. Staffenson pointed out three items , Nos . 58, 59 , and 60 on the Survey Letter, which sh.ould be done immediately, plus the electrical work on �ii..ch Mr. Petschauer had already obtained bids . He felt the three items, providing two means of exit for each apartment, enclosing south stairway with one-hour fire-resistive materials , and provide support to ground for north exterior stairway and continue stairs to grade and the electrical work could be done within sixty days . He was willing to allow another two months to complete the plumbing items , other th�an the shared bathroom situation. He told Mr. Petschauer he should see George Smolik, Senior Electrical Inspector, to work out the schedule on the electrical work. SOARD ACTION: I�Ir. Heider moved that a waiver be granted on the shared bathroom require- ment of the St. Paul Legislative Code, on condition that no apartment sharing a bathroom facility with another is occupied by more than one tenant. Further, that the electrical work and Items No. 58, 59 , and 60 designated in the letter dated 6/22/76 trom the Housing Code Enforcement Division be completed within sixty days (April 8, I977) ; and that the � plumbing items not related to the shared b athroom situation be completed within a period of six months (August 8, 1977) . Chairman Wozniak asked to amend the motion to include the stipulation that there be no more than four rental units on the third floor of the building. Mr. Tieso seconded. MOTION CARRIED AND SO ORDERED. THE VOTE: Ayes - 4 Nayes - 0 Abstentions - 0 -- - - -- - - - - - - - --- - - - -- -- - - -- -- - - - - - - -- -- - --- - -- --- -- --- --- - -- -- -- - - -- - --- � 2/8/77 - Meeting Pdo. 126 ' Cassette Tape No . 138 . ` MINUTES OF THE MEETING ST. PAUL BOARD OF APPEALS �, REVIEIV Tuesday, February 8, 1977 City Council Committee Room 707 City Hall and Court House 1 : 30 p.m. MEMBERS PRESENT: D. Donald ti9ozniak, Chairman Arthur D1. Tieso Estyr Bradley Peake David Heider MEMBERS ABSENT: Norma Sommerdorf James Voigt Ronald Glassman . AGENCIES PRESENT: Department of Community Services - Division ° of Housing and Building Code Enforcement: Frank Staffenson, Supervisor of Housing Inspectors Dan Person, Senior Buil.ding Inspector Richard Amey, Building Insnector Fire Prevention Bureau: �lalter Shimek, Fire Marshal OTHERS PRESENT: Harold A. Petschauer, Appellant Louise Miller 0'Neil , Attorney for Mr. Pets.chauer . M. B . Pabst, Director, Environment for Learning, Inc. , Appellant Belle Miller, Appellant Sol Miller, Appellant Herbert F. Sullivan, Appellant STAFF PRESENT: Patricia Moxness , Secretary, Anpeals Board The meeting was called to order at Z : 10 p.m. The minutes of the meeting of December 14, 1976, we re approved as distributed to the members . In regard to Case No. 39- 76-H, an appeal on property at 961 Edmund, filed by Joseph Carchedi , Chairman tiVozniak stated that the case i�ad been withdrawn. Mr. Carchedi had requested the return of his filing fee , as provided in the charter of the Board of Anpeals in such instances . � ' ..: -- - -. ' - 4- 2/8/77 - Meeting No. 126 I Cassette Tape No. 138 �� CASE N0. PROPERTY APPELLANT 01-77-F 921 Bayless Environment for Learning, Inc. (St. Cecelia' s School) 1�4ary B. Pabst, Director SUBJECT: Request Waiver of St. Paul Legislative Code requirement for educational occupancies , specifically, the requirement of stairway enclosures of fire-resistant construction, because of difficulty in handling by small children. School will install automatic smoke detectors and alarm systems, which they feel will give adec{uate protection. 921, ,Bayless -5 - 2/8/77 - Meeting No. 126 � � Cassette Tave No. 138 APPEARANCE: � � 1�Tary B. Pab�t . � �C��1 Walter Shimek, Fire Marshal PROCEEDINGS: b4iss Pabst explained that Environment for Learning i�*as a Montessori school for pre-school and kindergarten children. An autamatic fire alarm call system and smoke detectors had been installed recently. She said that primary students remain on the first floor except for the lunch hour, when they join about 20 other older children on the second floor. She referred to some sketches of the buildin g layout, pointing out that all classrooms led out to one central hall and that stairway enclosures would impede the flow of traffic. She said small children could not handle large firedoors and, because lavatories were located off the landing midway on the stairs , it would be necessary for someone to assist each time a child needed to use the Iavatory . Asi.de from tfie inconvenience of enclosures, she felt they would create an actual danger in case of fire . Mr. Shimek agreed that smoke detectors and an automatic ca11 system gave good protection and that the building constructi�n and flaor plan were favorable points . He said he would like to see the use of the second floor limited to 20 children . Another point in the school 's favor was the ratio of one adult to ten children, plus a secretary, whieh meant good supervision in case of emergency. However, he explained, the new Fire Code ordinance required stairwell enclosures in existing structu�es na later than .7une 1, 1977. He asked Miss Pabst about the storage of combustibles. Miss Pabst replied that there was a fire-resistant storage room for combustibles in the basement, and a fire door was to be constructed at the stairwell nearby leading to the first floor. She said the school had already spent about $6,000 on fire-safety measures , and to install fire doors at all stairwells would cost an additional $6,000 , an expense that would put them out of business . Building Inspector Dan Person suggested that the problem of fire doors being tooheavy for small children to operate could be solved by the use of smoke-activated door closers , where the doors remained open unless automatically closed by the`�presence of smoke . Miss Pabst said this would add even more to the high cost of enclosures, and her school group could not bear such expense . Building Inspector Richard Amey noted �hat his department anticipates there will be several somewhat similar cases involving s�hool buildings in the near future . He said that the new ordinance had been dratan up after careful consideratian and he was reluctant to see a precedent set . Chairman Wozniak remarke d that the Board had granted waive rs from time to time in the past in quite similar situations , considering each case on its merits . Mr. Heider inquired as to who was responsible for such capital expenditures , the church who owned the building or the Environment for Learning group . 921 Bayless. -�b- �� 2/14/77 - r4eeting No. 126 �',. • Cassette Tane No. 138 PROCEEDINGS: (continued) � � ��,g�� Miss Pabst said that the church itself was not- using the building for a school , merely renting t�e space to the school group, ��rho bore the full expense of the fire-safety installations . Mr. Heider asked if children would have to onen fire doors to get out of the building in case of fire , and I�1r. Shimek said they iJOUld, but that Tnras one reason two exits are required- - if one is automatically clased because o£ smoke , the other may be used. Mr. Amey said it was to be hoped that one of the adults would guide them to the open exit. Mr. Tieso asked what would hanpen if both exits� fire doors were closed because of smoke, and bSiss Pabst said in that case the children would fiave to at,rait the Fire Department and exit from the classroom windows . P�ir. Heider stated that he felt it would be a bad precedent to grant the waiver. He recalled an apartment building on Summit Avenue where the Board had denied a waiver of the stairwell enclosure reQuirement. Mr. Shimek said he was familiar with both structures , and that the situations were quite different--the apartment building did not have smoke detectors or automatic fire alarms . BOARD ACTION: Chairman Wozniak moved that the waiver of the stairwell enclosure require- � lnent T�e granted. 1�7r.. Tieso seconded. MOTION CARRIED A.'�D SO ORDERED. THE VOTE: Ayes - 3 Nayes - 1 (Heider) Abstentions - 0 i{ i � .!. 2/8/77 - M ;et-in o. 126 �. Cassette T �pe N . '138 ' � . ; MINUTES OF THE MEETING �'�; I ST. PAUL BOARD OF APPEALS �, REVIEtY ' � Tuesday, February 8, 1977 � City Council Committee Room 7Q7 � City Hall an d Court House ; 1 : 30 p.m. ; h�EMBERS PRESENT: D. Donald Wozniak, Chairman Arthur b1. Tieso �' Estyr Bradley Peake David Heider MEMBERS ABSENT: Norma Sommerdorf James Voigt �i Ronald Glassman ;� AGENCIES PRESENT: Department of Community Servi es - vision of Housing and Building Code !Enfo ' ment: Frank Staffenson, Supervisor ! of H ' ing Inspectors Dan Person, Senior Building nspe r Richard Amey, Building Insne 'tor Fire Prevention Bureau: � �ialter Shimek, Fire Marshal OTHERS PRESENT: Harold A. Pets chauer, Anpella t Louise Miller 0'Neil , Attorne for . Petschauer M. B . Pabst, Director, Enviro �ment r Learning, Inc. , Appellant '� � Belle P�Iil�er, Appellant I�� Sol Miller, Appel.lant Herbert F. Sullivan, Appellan STAFF PRESENT: Patricia Moxness , Secretary, ppea ' Board � The meeting was called to order at 2 : 10 p.m. " The minutes of the meeting of December 14, 1976 , wer app ed as distributed to the members . �I u In regard to Case No. 39- 76-H, an appeal on propertyj' at 9 Edmund, filed by Joseph Carchedi , Chairman Wozniak stated th t th ase had been withdrawn. Mr. Carchedi had requested the ret n of ' s filing fee , as provided in the charter of the Board of Anpe ls i uch instances . i . . _ , ��7I1 . o , � � c� � � STAT� 0� MINN�SOTA ) Cou.nty ob Ramdey ) aa. CITy OF SAINT PAUL ) , I . .. . . . . Rose Mix . . . . . . . . . . . . . . . .Cc.�y C.�PJtFt , , . . . . . . . . . . . . � o� �he Ci.ty o� Sa,i.n� Pau.�, M.i,nne�s a�a., da heneb y ce�c,t,i.�y �ha,t e-- � 1 have compcviced �l►.e a�tached copy ab Counc.i,e F.i..ee No.?68711. . , � a.a adapxed by �he Ci,ty Counai.P ., , , , March. �o:. . . . , , , , , , 19??. . . a0 and appnoved by �he Mayon . . . . . . . . . . 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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 o� Saint Paul •� Board of Appeals and Review pertaining to the following listed � property and as shown by the Excerpted Minutes of said Board of C� Appeals and Review, dated February 8, 1977, and marked EXHIBIT A, �% and attached hereto and made a part hereof by reference: .-+ DATE OF BOARD MINUTES CASE NO. PROPERTY APPELLANT 2/g/77 40-76-H 561 Van Buren Harold A. Petschauer, (15 units) by Louise Miller O'Neil, Attorney BOARD ACTION: Granted Waiver of St. Paul Legislative Code require- ment pertaining to shared bathrooms, provided that each apartment sharing a bath be restricted to one . occupant, and that no more than four units be occu- � � pied on third floor of building. Said waiver granted until such time as the property be sold or ariy other right, title, or interest be transferred, at which time said waiver be nullified. Property Description: Michel' s Subd. of Block 4 E. 41 ft. 7 in. of Lots 29 and 30, Block 1. COUNCILMEN Requested by Department of: Yeas Nays Butler [n Favor Hozza Hunt I,evine Against BY Rcedler Sylvester Tedesco Form Approved by City Attorney ,• Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mavor: Date Approved by Mayor for Submission to Council gy By / CIERK 3��[�� IANCE CITY OF SAINT PAUL ~ � EPARTMEN T COLLACIl � . ,riAYOR � • _ File N Council Resolution . Presented By . IReferred To Committee: Date Out of Committee By Date 2. � DATE OF BOARD � MINLTTES CASE NO. PROPERTY APPELLANT � 2/8/77 O1-77-F 921 Bayless Environment for Learning, �, (St. Cecelia' s Inc. , by Mary B. Pabst, �a School Bldg. ) Director BOARD ACTION: Granted Waiver of St. Paul Legislative Code require- ment pertaining to stariway enclosures in educational occupancies, because fire-safety alarm systems in building provide adequate protection. Property Description: St. Anthony Park Lots 9, 10, and Lot 11, Block 76; ' and be it FURTHER RESOLVED, That the City Clerk is hereby authorized and , � directed to transmit a copy of this resolu�ion for recording to the Ramsey County Office of the Register of Deeds. COUNCILMEN Yeas Nays " Requested by Department of: H�� In Favor Hunt � , Levine Against BY Reed�er Sylvester Tedesco Adopted by Cou Date �� Q �'9n1 Form Approved by City Attorney � �1 ' Certifie asse Council Secretary� BY " � Appr v d by Mayor: Date �� 4 19 � Approved by Mayor for Submission to Council By BY �UBLISHED MAR 1 9 1977 , � i _ , . � � . � � . i _ ., f I � � � � a o � -� _`' � � i. � •� o c�n ° 3 ,�y.,, N � > � . � � a. °' � fD �' N � � m ' 0 � � �1 �- o -°« � O � � �' � N � lv n � � � 1 � • n � O N � `_+ �' � � � , I � 3 ~ � � , o�,,� `� -� � o � � � � Q � ,� � a� Z � � o - � � — � � -'Ai o Q '-'r"c n. � � 3 � ; j; � ' o � �' N � W � � � �% '" � � 70 � � j � � 1 . . � � a � CJl o ev v, � � °- a � � ° � n. -. ..� �� +, a- c� N N � � � � _. q .. d N �.�. � /� C) sv ; tn '� p � (n C N -+ rt 3 K � .� �v <� . `�~ � c � �- � , � � i . � i �', � � i; I