260613 WH17E: - CITV CLERK 1
PINK � - FINANCE COU11C11
BLUERY- MAVORTMENT GITY OF SAINT .PAIIL File NO. �� �`���
` � esolution
.
Presented By
Referred To Committee: Date
Out of Committee By Date
Resolved, that the Council hereby ratifies and approv�e$ the
action of the Saint Paul Boa.rd of Appeals and Review for the Housing,
Building and Fire Prevention Codes pertaining to the following listed
praperty and as shown by the offieial minutes of said Board of Appeals,
dated December 13, 1972, a ecypy of which, maxked "E7�iIBIT A" is attached
hereto and made a part hereof by reference:
Case No. Property Appellant
92-72-B 1300 Su�nit Avenue Mourit Zioa Hebrew
Coagre�ation
by
Leigh D. Lerner
8�+-?2-B 50 E. Fifth Street First Federal Savings &
Loa.n
by
, Robert Ackermann
92-72-P 1688 Charles Sharon Petersnn
COUNCILMEIV Requested by Department of:
Yeas Nays
Hun t
Konopatzki In Favor
Levine
Meredith U Against BY
��
Tedesco
Mme.President Butler
FEB 61973 Form proved y City y
Adopted by Councii: Date �'
Certifi ed by Co tary BY
By
Approve y Ma r: Date Approv Ma or 'on to o cil
By BY
����s�+� FEB 1� i973
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. 12�13�72
. : :__�, -"' _ �►n 1� Meeting No. 83
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MINUTES OF THE MEETIlVG
ST. PAUL BCA£u� OF �Pr-E�=.�`;
� Wednesday, December 13, 1972
Ro� 210, Bureau of Health, 555 Cedar Street
' James Voigt
I�Iembers Present: Donald Wozniak
Ra,ymond Grove
Estyr Pea,ke
Arthur Tieso
Norma Sommsrdorf
Members Absent: Mitchell Kamin
�'igencies Present: Building Department: Glenn Erici�son, Gerald Kern
Fire PrevEntion: Mr. Sutton
Others Present: Mr. Jack Gilbertson, Leigh D. Lerner, Robert F. Ackerman,
Robert McCarthy, Sharon Peterson, Steve Ikeda and va,riou�
members of the St. Paul Boa.rd oi Realtors
Z"ne mi.nutes of the November 22, 1972 meeting were approved as s,r,iended.
DISCUSSION COATCERidING FF.A CODE C�I-iPLIANC� POLICIES
Nlr� Jack Gilbertson was invited to the Board meeting zo discuss tne posture
of FHA as it relates to code enforcement. Various �embers of the St. Paul
Board of Realtors were present.
Ch�.irman
The Boarc2 has heard n�any complaints tha.t FHA inspections are too severe.
Inspection reports which result from an F:iA inspection tend to be more
dzma.nding than City rep�rts.
Gilbertson
riiA dema.nds evidence of code compliance in Certilied Code Er.forcemer.t, Pdodel
Cities and Urban Renewal areas. In Urban REne�ra,l areas, FHA dema.nds tha.t
home is brougnt up to urban renet+ral stanclards. Geographic boundaxies are
�`�� cut and dry, which tend to cause problems.
AI1 municipalities have different coc�e requirements. I'Eia code requirements
tend to be more stringent than those of most riunicipalities. In the past
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cauple of years the thrust in FfiA operation ha,s been toward housir�; for 1aw
� and moderate income famiiies. T'ne need to protect t�iese people has becor.,�
much greater than ac�y time in the history of FI-iA. People co:z�ir� to :'FiA :'or
� fina.ncing are those who can't zna.rket their ho:r_es a,r�;r othcr �way. �'f�. i: a
last resort. i✓,ost �ood :�c�:,�_:� are beir:�, i:�z�. c-:�. . �� " o� �nr�,�� _ ,orr��:_-
tional financing through sw�-ings and loans.
Wozni.ak
Is there a difference betweer� an �':�.A anpraiser and iiispecter?
Gilbertso�
Yes. Appraisers hs.ve the au�i;hori�y to require repairs. Caliir� cod�s is
s�ubjective. FHA is demanding tha.� homes be in bet-�er shape tha,n before.
A few years ago, if a roof was worn out the conci:i.tion i•ra.s reflected in the
value, today if tne roof loa'r-,s like its shot, FHA requires a new one.
Recently, there ha,s been a c�.ar�e iu codE-calling pniinsop'�y.
Tiesa
Wny do strict and mild codes exist in the FHA offices?
Gilbertson
Tnere is only one stanc�ard. Sir_ce, hoi•reser, F'rIP: is in the subsir�:.zed
housing business in 235 fit�ancing, requirP�nent is made to brir� tne horne
, ; up to code, whereas a 203-8 buyer may not have ta.
Tieso
Does the S.B.C. have any affect on FIiA require�.en-t?
Gilbertson
No. FHA appraisers are not inspecto�s; they ao the best tney cwn.
Requirements are not limited to checklist. (See attached set of F'r'.AfVA
r2quiremen�s) FHA now has the authority to buy a p].umbing cert�fication.
Tf an FHA inspector comes across wha,t he feels may be a quEStioc�.ble
system (heating, plUmbir�, electrical, etc. ), he is now a.b�e to call for
a technical inspector. � wa,nts to get honest objective inspectional
apinions.
Wozniak
Have provisions been made for a holdback of flznds to provide for violation
abatement?
Gilbertson
Technically, violations should be remedied prior to the closing. If there
is a legiti.mate reason, FHA will permit escro�v�s (especially for outside
�� work during winter months).
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Are there provisions for guarantees?
- Gilbertson
There is for the 235 Program. However, it is li.mited to non-occupant
owner responsibility. Guarantee provides for a l�+-month duration and a
5�O escrow.
Kern
On wha.t basis are outsiders (non federaliy-assisted axeas) asking for
compliance?
Gilbertson
Most FHA deals are handled witnout compliancE.
Bill Clapp
N,ar� lending institutions will require code compliance inspections on
FHA-insured loans if a property is on the fringe of an assisted area.
90-?2-H 718 Cromwell Avenue Fzed Dar�nke
_ by
Remo L. Peterson
�tricken
81-72-H f�12 Ha.rdenbergh Place Dorothy Galla,�her
Pastponed due to illness of appellant.
92-72-� 1688 Chaxles Sharon Peterson
SUBJECT (I,ate addition to origina.l agenda)
Appeal to laundry tub venting requirement.
APPE'LLANT
Sharon Peterson
PROCEEDINGS
'�'` The appellant sold the abave-described property to a lac�y who had been
relocated by the Housing Authority. On the recommenda.tion of a rehab
advisor, the appellant informed the seller that they should order a drum
trap, as opposed to the installation of a more costly venting system. This
allowance for substitution was not put in writing. It is the feeling of
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the Building Department and the Board that drum trap, as installed, should
� provide adequate protection, since the laundry would mQSt probably be
� in l.imited use.
ACTION
Motion by Tieso to waiv�e la.undry tub venting requirement to allow continuea
use of drwn trap, as installed.
THE VOTE
Ayes: Wo2niak, Grove, Peake, Tieso, Sommerdorf, Voigt. Nayes: none.
Abstentions: none. Motion car�ied six (6) +o zero (0).
92_7�_B 1300 S�umnit Avenue Mount Zion Hebrew
Congregation
�y
Leigh D. Lerner, Rabbi
SUBJECT
Regaxda�ng fire inspection of a proposed day care center. Appellant is
requesting a variance to window size and location requirements.
APP�ARANG'E
Leigh J�. Lerner
- PROCEEDII�S
Mr. Lerrer explained tha.t he is concerned about both present and f�a.ture
consideratioris for day care center operation in the building. Remova.l of
hea+•ing facilities and knocking out of walls must be done to meet the
wir.siow height requirement. No�w, and for the Fast several yeaxs, the build-
i.r� has housed a Head Start Cer_�er. Mr. Lerner also received �. letter from
t�ze Fire Department requiring the installa�ion of a window havic�; a miz�i.nmzm
clear opening of 28" with a total opening of 78�+ square inches. r1r. Sutton
stated that the intent of the requirement is to prn-�ride an alterna.tive means
of egress in the event that hallways are impassible. rir. Sutton stated
that the e�.sting windows in question are beat-up and in poor repair. He
cauld get them to open abou-� 7". Head Start now ha.s a contract for one
room. By Jarnzary, the proposed day care center Vrill occupy another two
roomis. The chairman suggested that due to the physical impossibility of
complyir� with the 32" window height requirement that it be waived to afford
the appellant the opportunity of securing estimates to increase the total
windaw opening to 78�+ square inches. The appellant titiill re-appear before
�he Board on January 23, 1973 to ir�dicaie nis intentions.
ACTION
Motion by Wozniak t� grant a waiver ta a11ow that the bottoms of the
affected winaows be higher than the 32" requirerr,en�. Secanded by Peake.
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, Th'E `JOTE
l�yes: Wozniak, Grove, Peake, Tieso, Soi�unerdorf, Voigt idayes: none.
Abstentions: none. h�otion carried six (6) to zero (0}.
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�. •�i_ . 5� E. Fifth Street First Federai
:�;;
Savir�s & Loan
by
Robert Ackeir�i�zn
SUBJECT
� Re-heaxing
APF'EARA�CES
Robert Ackermann, Robe�-t McCartny
PROCEEDII�S
By the terms of the code, if there are fewer th�.n 30 occupants, there is
no requirement for a one-hour corridor. Occupancy load, however, is
determined in the opinion of F�Ir. Erickson in Table 33-A. I�ir. Ackermann
stated that 23 persons will occupy tne floor under a loc�-te�m� lease
agreement. Z'he cha,irrnan quest-oned the position of the Buildir� Depart-
rnent if they were affirrr�a,tively informed that occupancy would no� exceed
30 people. :�s. Erickson stated that the technique in determ.'�nin� exi�:-
ways is by assigning occupancy loads. Ar�y other circumstances ��rould create
a policing problem.
A��TIO?v'
P•loved by Wozniak that tne present density of the occupancy of the buildin�
is two hundred square feet per person or less tha.n tne occupant load
contemplated in Table 33-A, and the small amount of space that is left
for rental is being rented on -tae same basis; �Yierefore, applicants are
in c:�nformance witn Section 330�+(g). Further, the said buiidir� was in
exist�nce on the date nf the ado�tion c�f the Sta,te Building Coue (Ju1y 1,
1�7�); and therefore, pur�uant to Section 10�+(g), the building is exer.�pt.
Seconded by Joigt.
l� V��
Ayes: Wozniak, Grove, Peake, Tieso, Sommerdorf, Voigt. Na�yes: none.
Abstentions: none. Motion caxried six (6) to zero (0).
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