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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 �' , . � 1 � � . . �'lINUTES OF THE MEETING (/ . , ' )�` 5T. PAL'L BOARD OF APPEALS � 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 � � ��i��c�•}�,. . ,: • � , 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) . - ��i���•-►�; ��� ' 2J27�73, Meeting No. 85 , � , Page 3 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 '' Z/27/73, Meeting No•���9(�'��' , � , Proceedings, continued Page 4 ' ���. 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. � 2/27/73 . ' Meeting No. HS � � , Page 5 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 ' 2/2�/�s �[1�;����,. , � 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 , '� 2/27/73 , , Meeting No. 85 Page 7 �� (Proceedings, continued) ; _ 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) . l , ,. _ � � 2/27/73 ' Aieeting No. 85 Page 8 11-73-H. • • 595 Mackubin . Viola C. Witte, l 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 � `' ,� . , Z/27/73 •1������ -1 , ` , Meeting No. 85 = , . �F� , r. (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). � �