260926 WH17E - CITV CLERK CO1111C11 ��QR r� 1�
. PINK - �'INANCE •
BLUERY-�YORTMENT GITY OF SAINT PAUL File NO. " r
�' cil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
.
RESOLVED, that the Council hereby ratifies and approves the action
of the Saint Paul Board of Appeals and Review for the Housing, Building
and Fire Prevention Codes pertaining to the following listed property
and as shown by the official minutes of said Board of Appeals, dated
February 27, 1973, a copy of which, marked EXHIBIT "A", is attached
hereto and made a part hereof by reference:
Case No. Property Appellant
92-72-B 1300 Summit Avenue Mount Zion Hebrew
Congregation by
Leigh D. Lerner
4-73-B 605 E. Hawthorne Ave. Henry Lohr
by
Gerald Mangle
5-73-H 1305 E. Ma.ryland Ave. William E. Gear
8-73-H 694-696 Burr Street George Trudell
10-73-H 566 Van Buren Avenue Gertrude M. Kenney
12-73-H 565 Dayton Avenue Peoples, Inc.
bY
F. Staffenson & D. Bump
COUNCILMEN Requested by Department of: �
Yeas Btitlgr Nays
K�opatzki �� In Favor
Levine �
Meredi th A gai n s t BY
� Roedler
Tedesco
Mme.President� �fi,
Adopted by Council: Date
MAR 2 31973 Form Approved by City Attorney
Certif' d a ed by C etary BY
By
Appro ed by Ma . Date �+6 �9T3 Approved by Mayor for Submission to Council
By BY
aU�I.ISHED MAR 311973
►' 2/27/73 �,��.��'�' '
` Meeting No. 85 � f-v �'
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� . . �'lINUTES OF THE MEETING
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' )�` 5T. PAL'L BOARD OF APPEALS
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Tuesda.y, February 27, 1973
356 City Hal1, County Board Room
Members Present: D. D. Wozniak
Ra.ymond Grove
Estyr Peake
Arthur Tieso
James Voigt .
Members Absent: Norma Sommerdorf �
Mitchell Kamiu
Agencies Present: Public Bui.ldings Bureau�--Frank Staffenson and Sam Blue
Fire Prevention Bureau--Daniel A. Norrgran and Richard
Sutton
Othc�:s PresenC; Leigh D. Lerner, Fred Wellman, Gerald J. M�ngle, William .
E. Gear, Robert Stopher, George F. Trudell, Douglas Loos,
Gertrude M. Kenney, Viola C. Witte� Dick Goldman, George
• Roedler, Jr., Donald Bump and Michael Sirian.
The minutes of the January 23, 1973, meeting were approved as mailed.
92-72-B 1300 Summit Avenue Mount Zion HNbrew
Congregation
by
Leigh D. Lerner, Rabbi
PRIOR HEARING
12/13/72
SUBJECT ,
Regarding f ire inspection of a proposed Day Care Center. Appellant is r�questing
a variance to window size and location requirements.
APPEARANCE•
Leigh D. Lerner
PROCEEDIATG5
� Mr. Lerner apologized for not having the estimate with him but said the work
would cost approximately $1,000 for each window. Mr. Lerner's testi.mony concerned
itseif w�th the windows having a clear opening of about seven inches as contrGsted
with the minimum requirement of 28 inches. Richard Sutton of the Fire Prever.tion
Bureau re-examined the fire regulations. Mr. Wozniak said he hoped there was
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• � , 2/27/73, Meeting No. 85
Page 2
.) a practical solution to the problem because the church provides essential
services.' Mr. Lerner indicated the building was of �ireproof construction at
the time of its construction and it has a manual alarm system. Mr. Wozniak
asked if there might be some merit to a waiver based on occupancy and suggested
a limitation of 12 children per room. Mr. Lerner was agreeable to the suggestion,
ACTION
Mr. Voigt made a motion that a waiver be granted based on a limit of 12 children
per classroom with the exception of the kindergarten room whieh has its own exit.
Motion seconded by Grove.
THE VOTE
Ayes: Wozniak, Peake, �Toigt, Tieso, Groye. Nayes: none. Abstentions: none.
Motion carried five (5) to zero (0).
4-73-B b05 East Hawthorne Ave. Henry Lohr
bY
Gerald Mangle
SUBJECT
Request for waiver of minor electrical requirements: an electrical outlet
required in ea.ch of two bedrooms.
APFEARANCE
Gerald J. Mangle
PROCEEDINGS
Fred We1 lman, Code Supervisor of Project E-2, Census Tracts 9 and 10, appeared
� and stated he was employed by the City on contract at HUD. The chairman, Mr.
Wozniak, and Mr. Staffenson discussed the agreement between the City and HUD
for inspection services. Mr. Wellman indicated that in 1968 the house saas
inspected and he itemized for the Board the deficiencies. He said all the
items had been corrected with the exception of the two electrical outiets.
It was also noted that Mr. Lohr had asked that the application fee be waived
and upon question from the Chairman Mr. Wel.lmgn stated that both Mr. and Mrs.
Lohr are 71 years old.
ACTION
Mr. Grove made a motion that the two electrical outlet requ3rement�be waived
and that the payment of the fee be waived.
THE VOTE �
Ayes: Wozniak, Peake, Voigt, Grove, Tieso. Nayes: none. Abstentions: none.
� Motion carried five (5) to zero (0) .
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' 2J27�73, Meeting No. 85
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5-73-H 1305 E. Maryland Ave. William E. Gear
:l SUBJECT
Basement ceiling is three inches short of being up to Code.
APPEARANCE
William E. Gear
PROCFEDINGS
Much of the discussion centered around the zoning problems Mr. Gear has with.
regard to the propexty. He has indicated that he has sent lexters to the near�y
residents asking for their consent to a new zoning classification. He said
a11 items on the Inspector's list had been corrected wifih the exception of the
ceiling height and it would be a physical and financial impossibil.ity to make �
that correction. The Chairman asked if Mr. Gear thought it would be helpful
on his rezoning if the ceiling height waiver were granted. Mr. Staffenson
told the Board there was also a problem with the lighting and ventilating in
the rear quar.ters and Mr. Gear said the problems were resolved by a realignment
of the rooms. Mr. B taffenson said the basic problem is a zoning problem which
the Board of Appeals has no jurisdi.ction over. It was noted that there w�uld
be a reinspection in about 120 days because of the time element surrouncting .
the rezoning process.
ACTION .
Mr. Wozniak made a mation that waiver be granted on ceiling height provided
the rest of the items are taken care of and the rezoning accomplished and that
there be a reinspection in about 120 days. Seconded by Mr. Tieso.
THE VOTE
Ayes: �yozniak, Peake, Voigt, Tieso, Grove. Nayes: none. Abstentions: none.
Motion carried five (5) to zero (0) .
6-73-H 231-233 Arundel Robert Stopher
7-73-H 223-225 Arundel
SUBJECT
Sharing of bathroom facilities,
APPEARANCE•
Robert Stopher and Dick Goldman
PROCEEDINGS
� Mr. Goldman stated that at the present time they are operating 41 rental units
and they do have shared baths. He indicated a lot of money has been spent
rehabilitating the buildings °and there is no way physically to meet the
requirements and it is economically prohibitive due to the declining nature
of the area. He continued, they are providing low cost housing in St. Paul
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with an average rent of $65.00; that some of the tenants are students and a11
� the tenants seem to be happy with the facilities as they exist now. He said
� they are in the process of selling the building to Mr. Stopher because
virtually alZ of their business interests are in Minneapolis and there simply
is not enough time to run the operation on Arundel Street. His ma.in reason
for appearing is to assure Mr. Stopher that he, i.e., Mr. Stopher would not
be in a position of having the city require the separate bath facilities.
Mr. Stopt�er was asked by the Chairman what his experience iri operating rental
facilities is. He indicated he owns several pieces of properties and his full-
time employment is with Singer Electric; that he has always maintained the
�roperties under his control and he does much of the work himself. Mr. Wozniak
recapped rhe waiver history of the property and said this is the first time the
Board has heard a request for a double waiver and emphasized the fact that the
waiver granted to Mr. Kelinman contained a stipulation that it run concurrent
with Mr. Kleinman's owuership of the properties. Mr. Tieso asked Mr. Goldman
if the property was bought on a contract for deed basis. Mr. Goldman replied
affirmativeiy and said the contract was in the name of Mr. Kleinman. Considerable
discussion revolved around the need in St. Paul for low cost housing and the
value Mr. Goldman said he was rendering the community in being able to afford
same. Mr. Wozniak told Mr. Goldman he can expect another meeting notice and
said that he and possibly other members of the Board might make a random
inspection of the buildings and he asked Mr. Goldman to notify the resident
manag.ers of this possibility to avoid possible inconveniences.
ACTION
Mr. Wozniak made a motion to continue the matter to the second meeting in
March. Seconded by Mr. Tieso.
THE VOTE
Ayes: Wozniak, Peake, Voigt, Tieso, Grove. Nayes: none. Abstentions: none.
Mation carried five (5) to zero (0)..
9-73-H 695 Lafond Avenue Douglas Loos
SUBJECT
Various plumbing violations.
APPEARANCE
Douglas Loos and George Roedler
PROCEEDINGS
Mr. Loos appeared and was represented by his attorney, George Roedler, whose
office i.s located in the Endicott-on-Fourth Building in St. Paul. Mr. Roedler
told the Board the house was purchased in 1968 at which time the FHA advised
his client that everything was up to code. He said his client spent $6,800.00
� in 1968 alone for repairs and since then over $500.00 has been spent on bring-
ing the house up to code.
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' Meeting No. HS
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Proceedings, continued •
`� Mr. Loos' problem is that he is seeking to sell the home and was under the
impression the house was up to code and that because of the code deficiency
problem he and his family lost an opportunity to acquire a new home they
desired because of the need for additional space. Most of the testimony
centered itself on the inability to acquire the name of the FHA insgector
wY�o originally certified the house as meeting code requirements. Mr. Loos
said just about all the items have been taken care of and those that remained
are incomplete because of weather considerations. He said he needed HRA
inspection in order to sell. Mr. Tieso said that the FHA has a policy of
additional funding when inspectors have missed items. Mr. Loos replied
that the FHA has washed theirihands of the matter and that if Mr. Loos
' t,rere able to obtain waivers the FHA would overlook the items. Mr. Tieso
said it seems to him that Mr. Loos could �go back to the HRA and then could
go back to FHA and tell them they.O.K. 'd it and ask them what they are going
to do about it. Mr. Tieso suggested the name of Jack Gilbertsan as an FHA
member who might be helpful in determining which inspector made the FHA
inspection on the subject property. Mr. Wozniak suggested that the Executive
Secretary write a letter to Jack Gilbertson indicating that it would appear
the FHA has responsibility in the matter and that Mr. Roedler will call him,
i.e. ,Mr. Gil.bertson.
ACTION
Mr. Wozniak made a motion that the hearing be continued to the first meeting
in March. Motion seconded by Voigt.
THE VOTE
Ayes: Wozniak, Peake, Voigt, Tieso, Grove. Nayes: none. Abstentions: none.
Motion carried five (5) to zero (0) .
Discussion followed of a proposed letter to be sent to City Administ�ator Frank
Marzitelli from the Board of Appeals Chairman. containing recommendations for
possible changes in the organizational structure of the Public Buildi.ngs Bureau
in regard to utilization of inspectors into one-man inspection teams. Each
member had a copy of the proposed letter. Mr. Wozniak said there are three
basic considerations before the members: should the letter be sent out;
should it be sent in this form, or should it be amended. Mr. Tiesa said he
thinks there should be an expression of opinion from the i�spectors involved
and he thinks the people in the field know what their problems are more than
perhaps the Board does. Mr. Wozniak replied that he would object becanse in
no way does the letter indicate any criticism of them as: inspectors, but rather
organization and utilization of their time and' is a matter of the taxpayers
monies and' that this is merely a recommendation and he thinks there is enough
experience to indicate there might be a utilization problem; that there are
f ive inspectors for a job that one could do. Mr. Tieso replied the reason he
is concerned and brings the matter up is because he is probably closer than
other members of the Board and he has found that other inspections like FHA
are incomplete and miss code inspection matters. Mr. Wozniak said the last
) paragraph sums up the letter and indicating that "nitpicking" should be
eliminated and a standard should be developed for the inspector and the
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Meeting No. 85
Page 6
1 (Discussi,on of letter to City Administrator, continued) �
accent should be on livability. He said the prohlem is a basic organizational
one. Sam Blue asked when the letter was prepared and Mr. Wozniak reaffirmed
that it was not criticism of either Mr. Blue or Mr. Erickson; that it is not
aimed at anybody but is something that happens in bureaucracy. Mr. Wozniak
expressed mild dissatisfaction with Mr. Blue`s question and said it is a
matter which should be discussed. Messrs. Wozniak and Blue discussed
. inspection methods and Mr. Wozniak reaffirmed his position that the accent
should be on Iivability as contrastecl to what he called "nitpicking" and
Mr. Blue said that only if a building is deteriorated "across the board"
is everything listed and the insgectors are instructed that if a building
is in generally good condition they are told not to list minor items. Mr.
Blue indicated a one-man inspection team ,is operable in Los Angeles but that
because of the expense in developing same the city of Los Angeles is re�uctant
to give information on its implementation. Mr. Blue said he needs direction
but if Mr. Wozniak feels the letter should be referred to Mr. MarziteZli
perhaps it should be sent. The matter was rediscussed at the conciusion of
today's hearings.
8-73-H 694-696 Burr Street George Trudell
SUBJECT
Condemnation and order to vacate.
APPEARANCE
George Trudell
PROCEEDINGS
Mr. Trudell detailed his efforts to comply with the correction of the items
listed in the letter dated February 8, 1973, from the Public Buildings Bureau.
He cited certain financial problems and indicated that the refusal to "lift"
the condemnation placard would work an additional financial hardship on him
of rent monies.
Mr. Frank Stafferison recapped the communications over the years from the
Public Buildings Bureau to Mr.. �rudell in regard to this property. Chairma.n
Wozniak asked Mr. Trudell how much ti.me would be needed to correct the plumbing
problems and how .long it would take to correct the maintenance problems. Mr.
Trudell said the plunibing could be done in 30 days if he had to do it and it
would be necessary for him to borrow more money. Mr. Staffenson questioned
the lifting of the placard and Chairman Wozniak replied that if the property
�� were allowed to deteriorate there would be a worse problem than exists now
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, , Meeting No. 85
Page 7
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and inasmuch as Mr. Trudell will assume the risk of rehabilitating it he
should be allowed to do so. He continued, the listing of the placard is
really only for 15 days because it runs out on March 15.
ACTION
rlr. Wozniak made a motion that the placard be lifted; that Mr. Trudell be
given 30 days to do all things Iisted on condemnation portion with exception
of plumbing; 90 days to repair plumbing; and six months to do the rest of
the items listed on the letter from Public Buildings Bureau dated February 8, 1973.
Motion seconded by Voigt.
THE VOTE , ,
Ayess Wozniak, Peake, Grove. Nayes: Voigt. Abstentions: Tieso.
Motion carried three (3) to two (2).
10-73-H 566 Van Buren Avenue Gertrude M. Kenney
' SUBJECT �
Mrs. Kenney is appeal.ing th� requirement that an additional electric outlet
be installed in each room and the installation af a hand lavatory in the bathroom.
APPEARANCE
Gertrude.M. Kenney
PROC$EDINGS
Mrs. Kenney said ehe home was in the Housing and Redevelopment area and she �
was told by HRA that the home would be taken by them in 1975. She said the
required bathroom repairs would be too costly. She also told the Board that the
electrical work had been completed and she had no explanation about the notation
that the hall light was not working;as to her knowledge it was working.
ACTION �
Mr. Tieso znade a motion to waive the bathroom hand lavatory and the hall light
requirements.
THE VOTE ' -
Ayes: Wozniak, Peake, Voigt, Grove, Tieso. Nayes: none. Abstentions: none.
Motion carried five (5) to zero {0) .
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' Aieeting No. 85
Page 8
11-73-H. • • 595 Mackubin . Viola C. Witte,
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SUBJECT
Viala Witte is requesting waiver of bathroom venting requirement.
APPEARANCE
Viola C. Witte
PROCEEDINGS
Viola Witte said the property at 595 Mackubin was originally a 3uplex which
had been changed to a one-family structur�e and that she has spent over
$5,000 rehabilitating it. She told the Board she regretted purchasing the -
property and it represented poor business judgment on her part. Mrs. Witte
asked that the condemnation placard be lifted. Mr. Staffenson explained it
was .cond.emned sometime ago (about 14 months ago) and a number of items were �
listed and all of them had been repaired by Viola Witte's handyman. The
repairs in general had been completed but there was no permit for the
plumbing and the plumbing on the first floor was i.mproper so the plumbing
inspector suggested the placard be held until the plumbing had been done.
ACTION
Mr. Wozniak made a motion that waiver be granted based on the fact that
the house remain a single occupancy house and that this restriction be placed
on the abstract and that the placard be removed from the struc�ture. Motion
seconded by Voigt.
THE VOTE .
Ayes: Wozniak, Peake, Voigt, Grove. Nayes: none. Abstentions: Tieso.
Motion carried four (4) to one (1) .
1.2-73-H 565 Dayton Avenue Peoples, Inc.
By
Frank Staffenson and Don Bump
SUBJECT
Peoples, Inc. are requesting variance of fire items.
APPEARANCE ,
Frank Staffenson. and Don Bump
PROCEEDINGS '
Mr. Staffenson and Mr. Daniel Norrgran had considerable discussion �.s to the
classification of the subject property with Mr. Norrgran maintaining that it
qualified as D-3 occupancy. Mr. Staffenson said the facility is a half-way
) house operated by Peoples, Inc. and Mr. Bump a�s the Acti.ng President of the
corporation and Mr. Staffenson sits on the Board as an advisor. Mr. Staffenson
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, ` , Meeting No. 85 = , . �F�
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(Proceedings, continued) Page 9
� referred .to the letter from the Department of Public Safety's Bureau of Fire
' Prevention dated Jamiary 29, 1973 and read the viclations listed. He said
the electrica� work had been taken care of and all other items except certain
items under "doors" had been done. Mr. Norrgran placed particular emphasis
on the need for 28 gauge sheet metal on the basement door to provide the
proper fire rating and enclosure of stairwell as a necessary part of the
life safety code. Peoples, Inc. is appealing the fire doors. �. .
ACTION '
Mr. Wozniak made a motion that waiver be granted on the fire doors.
Motion seconded by Voigt.
THE VOTE .
Ayes: Woznzak, Peake, Voigt, Gtove, Tieso. Nayes: none. Abstentions: none.
Motion carried five (5) to zero (0).
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