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261020 WHI7E - CITY CLERK 6� 1 j'�.�((''�� PINK COU11C11 / li ��� � - FINANCE BLUE�Y- MqypRTMENT GITY OF SAINT PAUL File NO. /V �� � __ _ i� 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 March 13, 1973, a copy of which, marked "EXHIBIT A" is attached hereto and made a part hereof by reference: Case No. Rroyerty Appellant 9-73-H 695 Lafond Douglas Loos 13-73-B 317 So. Fairrview Northwestern Bell Telephone Co. - 15-73-B 2393 Nokomis Charles A. Neuenfeldt 17-73-H 405 E. Robie Horace Munoz by Jon Conney COUIVCILMEN Yeas g�tZer Nays Requested by Department of: -�krrr�- Konopatzki � In Favor Levine J� Meredith "� AgainSt BY �c Roedler Tedesco Mme.President But�e�- A�1rit ppR 41(,� Form o y �e Adopted by Council: Date ` Certified sed by Council ret y BY By �-- � Approv by Maxo : Date � Approved by Mayor for Submission to Coun i By BY UBLI3�IED R + 3/13/73 Meeting IvTo. $6 � I� MINUTES OF THE MEETING �� ST. PAUL BOARD OF APPEALS Tuesday, March 13, 1973 County Board Room 356 City Hall and Court House Members Present: D. Donald Wozniak ,�6'��M�o Raymond R. Grove Mitchell M. Kamin Mrs. Estyr Bradley Peake Mrs. Norma Sommerdorf Arthur M. Tieso James D. Voi�gt Members Absent: None Agencies Present: City Public Buildings Bureau--Sam Blue, Gerald Kern, Frank Strub and Dan Person Others Present: Mr. & Mrs, Douglas Loos, George Roedler, Jr.,Ralph Kulhanek, Lloyd Born, Basil Filonowich, E1mer W. Olson, Charles A. Neuenfeldt, Jon Gonney, Ma.rianna Sulikowski, Floyd Unruh, Gene Rosenblum and Michael Martin, and Michael Sirian. The minutes of the February 27, 1973, meeting were approved as amended. 9-73-H 695 Lafond Douglas Loos PRIOR HEARING 2/27/73 SUBJECT Various plumbing violations. APPEARANCE Mr. & Mrs. Douglas Loos and George Roedler, Jr. PROCEEDINGS Mr. Douglas Loos's attorney, Mr. George Roedler Jr. , said there are two basic problems: in order to get upstairs at the house at b95 Lafond it is necessary to go through the bathroom because it's the only way to the stairway and, secondly, there is a drain that did not drain into a drain sewer but into a rain leader. He said these were Mr. Loos's two biggest problems because they ` Meeting No. 86, 3/13/73, continued -2- were the most expensive to repair. Mr. Roedler said that at this time Mr. `' Loos had figured out a way to solve the staircase problem and in fact he is working on it now and it should be finished in a week. He said Mr. Loos would still like a waiver of the requirement that the drain be put directly into a sewer rather than as it now sits. Mr. Loos mentioned the re-sale problems of the house because of its age and the only way they can sell the house is through FHA or GI. ACTION Mr. Tieso made a motion that the waiver be granted. Motion seconded by Peake. THE VOTE Ayes: Wozniak, Grove, Kamin, Peake, Sommerdorf, Tieso, Voigt. Nayes: none. Abstentionst none. Motion carried seven (7) to zero ('0). The Chairman asked Mr. Roedler to inform the prospective buyer that this is a waiver and they should take care of it at their own cost probably in the next ten years or so. Mr. Roedler agreed to do so. . 13-73-B 317 So. Fairview Northwestern Be11 Tele. Co. by a representative SUBJECT Request for waiver of Building �ode regarding fire sprinklers. APPEARANCE Ralph Kulhanek, I.loyd Born, Basil Filonowich (Setter, Leach & Lindstrom, Architects) PROCEEDINGS Ralph Kulhanek read a letter of Northwestern Bell Telephons Company asking for a waiver of the Uniform Building C�de requiring automatic fire extinguishing systems at their facility at the ai�ove address on the basis that an overhead sprinkling system would present a hazard to their operat:ion in the event of a faise activation. Sam Blue said the State Building Code requires this area to be sprinklered and he also told the Board about the results of a hearing before the State on code changes on sprinkler requirements in hospitals dealing particularly with operating rooms, recovery rooms and some of the electronic monitoring'rooms. He said �hat up until now the State has not come up with a waiver on sprinklers in rooms such as post-operative or the monitoring rooms where patients are hooked up with electrical sensing devices, Mr. Blue was asked for his impressions of pyrolarm fire detection systems. _ " � r / . Meeting No. 86, 3/13/73 � 3 ACTION �i - Peake made a motion that the �waiver be granted. Mction seconded by Grove. Mr. Wozniak told Mr. Kulhanek to notify the Northwestern Bell Telephone Company that it be put on their records and he asked Mr. Blue to note it in his records for the building that i€ they modify their building at a future time or giue it up for another purpose that they agree to abide by the local building. requirements. Mr. Blue raised the question of whether or not the Board can waive State standards. Mr. Wozniak said the Board had been doing it in the past and it is his guess it will continue to do so until otherwise advised by the Courts. THE VOTE Ayes: Wozniak, Grove, Kamin, Peake, Somm�rdorf, Tieso, Voigt. Nayes: none. Abstentions; none. Motion carried seven (7) to zero (0) . 14-73-H 609 Thomas Avenue John A. Jungwirth by Elmer W. Olson SUBJECT Request waiver of various plumbing aequirements and waiver of fee. � � .APPEARANCE Elmer W. Olson PR4CEEDINGS Mr. Olson said he was appea�ing the shed �n the rear of the property because it was merely a tool shed and he asked that the laundry dr� trap and the unvented "P" trap in the kit�hen sink remain as they are; he said that if this were done it would be possible to do the rest of the reh�.bilitatiou work for a $3,500.00 Grant. Mr. Olso:� also asked for waiver of the filing fee because of the Jungwirth's ages and financial condition. (Mr. Wozniak was excused from the meeting at this point and Mr. T3.eso acted as Chairm2n.) ACTION Peake moved that the waiver be graa�ted on the items re.quested for the lifetime of the present owners. Sommerdorf seconded the motion. Voigt moved the filing fee be waived. Peak� �econded the motion. , THE VOTE .� . Both motions: Ayes: Grove, ,Kamin, Peake., Som�erdoxf, Tieso and Voigt. Nayes: none. Abstentions: none. Motions carried six (6) to zero (0). � Meeting No. 86, 3/13/73 4 15-73-B 2393 Nokomis Charles A. Neuenfeldt SUBJECT Request waiver of building line requirements to build garage. APPEARANCE Charles A. Neuenfeldt PROCEEDINGS Mr. Neuenfeldt asked for a waiver of the building line requirements to attach a single-car garage to his house. He said his lot line to the side of the house is 18 feet and he would like to build a 16-foot garage which would be two feet uuer the code Limit and he would like to place the garage four feet beyond the • front of his rambler-type home, He said this was necessary to avoid the_garage construction interfering with his son's bedroom. He read a letter from Richard • A. Witham {a neighbor of Mr. Neuenfeldt's) approving Mr. Neuenfeldt's plans to build up to two feet of the Witham property line. ACTION Sommerdorf moved that the waiver be granted subject to the condition that Mr. Heuenfeldt obtain another letter from Mr: Witham stating he has no objections to having the garage placed up to two feet of his property line and four feet in front of the present building line and that a letter also be obtained from Mr. Neuenfeldt's other neighbor stating they have no ob3ections. Ka.min seconded the .motion. A Public Buildings �ure�u representative stated that the setback qu�stion is a matter of the Zoning Board and questioned 6ahether the Board has the authority to waive that; the Chairma.n responded that if it is before the Zoning Board it should not have been appealed to the Appeals Board and in answer to a question � from the Chairman Mr� Neuenfeldt said he has nothing before the Zoning Board. The motion was amended to eliminate the setback waiver request. Motion was seconded. THE VOTE Ayes: Tieso, Grove, Kamin, Peake, Somerdorf, Voigt. Nayes: none. Abstentions: none. Motion carried six (6) to zero (0) . 16-73-H 851 Aurora Avenue Jannie Johnson . by , Jack E. Allison, Jr. SUBJECT Request waiver of various building and electrical requirements; also requests waiver of f ee. t APPEARANCE No one appeared in the above matter; the matter is being re-scheduled for the March 27, 1973 hearing. . ' Meeting No. 86, 3/13/73 5 17-73-H 405 East Robie St. Horace Munoz '� � bY Jon Conney . SUBJECT � �' Request waiver of handrail requirements; no fee filed APPEAR.ANCE Jon Conney PROGEEDINGS _ ..�. _.___... _— - ---_.__...____------ ------ _ ___--- _---_. . _ _ Mr. Conney of the Housing Authority said Mr. Munoz is appealing the handrail requirements of the Code (handrails are missing on the basement stairs and the side and rear steps to 405 E. Robie) . He said Mr. Munoz dbjects to installing the handrails because he feels it would destroy the esthetics and design of the house. Mr. Conney said the Housing Authority is closing out the Concord Terrace Project and the Authority is going through ali files even if there are minor items like this and they don't have the compliance letter in the file; there was no compliance letter in this file because of these three items and in order to ���se out the file a waiver would be needed. Mr. Conney said these items were on the or�ginal f ile and Mr. Munoz has done everything else but this; he said if these matters are not waived it would have to be turned over to the City to bring it up to Code Enforcement. ACTION Mr. Tieso moved that a handrail be provided on the basement stairs and the appeal is granted to waive the other two ha.ndrails. Mr, Voigt seconded the motion. TfiE VOTE Ayes: Tieso, Grove, Kamin, Peake, Somerdorf, Voigtv Nayes: none. Absten- tions: none. Motion carried six (b) to zero (0). I�Irs:`�Sommerdorf was e.xcused at a point during the discussion�:and Mr. Wozniak re3oined the hearing at a point during the discussion. 18-73-H ' 107 Virgini� Marianna Sulikowski by Floyd Unruh SUBJECT � Requesting permission for purchasers of property to own and operate this building under the present use. --___._ __ _ ; � � ` . Meeting No. 86, 3/13/73 6 � � � APPEARANCE. ' � � Floyd Unruch and Gene Rosenbltun . PROCEEDINGS Mr. Gene Rosenblum appeared on behalf of Marianna Sulikowski and said they would like a continuance of the shared bathroom waiver which was granted to Mrs. Sulikowski because she is no longer able financially to ma.intain the building (a boarding house for men only� and she needs the waiver continuance because she has a potential buyer of the property. Mr. Unruh restated the history of the case and City Council approval to allow Mrs. Sulikowski to continue operating the property of �ten units with. less than the required number of bathroams under the Code. Mr. ,Rosenblum, responding to a question from Mrs. Sommerdorf,stated the third floor is empty; there are 10 single men living there °and that there are 4'� baChrooms. Mr. Tieso read a letter of the meeting of S/27/70 from Glenn Erickson to Tom Anderson recommending the application be denied. Mr. Tieso said this is the same type of problem the Board heard at its last meeting wherein a seller is seeking a continuance of a waiver which .is restricted to the person for whom it is granted. Mr. ' Rosenblum stated this type of housing satisfies a need of the city. Mr. Wo�niak said the Board seems to feel it should have a chance to hear the testimony . of the new owner; he said the Board established a policy before the last meeting that in matters of reactivation of appeals the Board would want to � take a look at the new buyer and this was the procedure followed in the Arundel . Street hearing. He suggested that if they want to sell the property they'l1 have to have an earnest money contract and it wi11 have to be subject to the _ securing of an additional waiver for that particular buyer and that buyer will have to appear before L-he Bo�rd. Mr, Tieso suggested that the matter be tabled until the nexe meeting and have the new buyer appear and let the Board take action at that m�eting. ACTION � : ' � Mr. Tieso made a motion the matter be tabled until the next meeting. Mrs. . Peake seconded the motion. THE VOTE Ayes: Wozniak, Grove, Kamin, Peake, Tieso, Voig�t, • Nayes: none. Absten- � tions: none. Motion carried six {6) to zero (0) . . . 4� �� ;