The URL can be used to link to this page

262764 '�H(7E - CITY CLERK ��(7�� r�INK - FINANCE GITY OF � SAINT �PAIIL Council � � CANARY - DEPARTMENT �V BLUE - MAYOR � Fll@ NO. � C cil Resolution A Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby ratifies and approves the action of the Saint Paul Board of Appeals and Review pertaining to the following listed property and as shown by the Minutes of said Board of Appeals and Review, dated June 12, 1973, and ma.rked by reference as Exhibit A; June 26, 1973, marked by reference as Exhibit B; and August 28, 1973, ma.rked by reference as Exhibit C; such Minutes which are on file in the Office of the City Clerk. _ Date of Board Minutes Case No. Property . Appellant —'EXHIBIT A . 6/12/73 , 47-73-B , 242 Bates � Mr. & Mrs. Ma.rceline Berrera , -- EXHIBIT B Highland Park 6/26/73 ' 49-73-F 225 South Montessori School - Cleveland , by John F. N iemeyer, �, EXHIBIT C , Unit, Inc. 8/28/73 � 48-73-F 165 Como , by Raymond P. Farrell 52-73-H 503 East Belvidere Raymond Stensgard COUNCILMEIV Yeas Bntler Nays Requested by Department of: � Konopatzki In Favor Levine Meredith � Against BY s�86�ac R�dler 'Pedesszo Mme.President �p[ H�tri't �CC Form Appr ed by City Attorney Adopted by Council: Date '� Z 4 1973 i Certi ed ed by C ary BY By Approv by Ma r: Date � Approved by Mayor for Submission to Council gy By PuB�RSkEO DEC 2 Q 197�� .. . �� MEM � RAN, D `UM ,` T0: Mr. A1 Olson, Council proceeding Recorder . Office of �h� +C�:�`y Ck'�r.k � ; : i ' � : _ 386 City� Hall ° ' ` . . FROM: Doris L. Get��g,' .��ecu�ive; �ec��i��ry St. Paul Board of Appeals and Review 705A City Ha�.l and Court House DATE : December 6 , 1973 RE : Progosed Resolution az�d Exhibits A, R, and C p�rtaining to App�als Board Minutes of Meet�ngs o� ,June 12 , 19'7�3; June 26 , 1973; and August Z8 , 1973 , resnec�ively. , 1. Attached is a copy of a proposed Council' Resolutio� for ratifica- tion and ,approval of action take:n by the S� � Pa.ul Board of App�ais and Review. 2. A�tac�ed are the St. Pau1 Board of Appea,is and Revi�w �ull minutes of the Meetings o.f June 12 , 1973 ; �Tune Z5, 1973 ; and A�rgust 2� ,' 1973 ; and designated, respectively, as �xhibits A, �,,,and C, which are to b� placed on file in your o�fice as pa�r�, °�£ the ,of- .ficial record for Counci.l Resolution No. - 3. Attached, also, are Excernts of the St. Pau1 Board o� A�ppeals an�d Review Minutes of Junte 12 , 1973 , referred to as �xhibit A; Jun� �i2b, , ,--�� 1973, referred to as Exhibit B ; and August 28 , 1973,, xeferred to as Exhibit C; pertaining to the cases cited in Coun�iZ Resolu'tian No. to be distributed to Council members' f_or Council a�nrova o action taken by the Board. DLG:na Attachments E�iIBIT A E �i C E R P T Cas�eti,e Tane I�?� ; 2 Sic�° , .. . , - - - - - - - 6�1��7.3 ke: ?ase 47-73-:i :�1°eti:?o ��io. 9I T-I I:�UTES OF THE '�:i�-�`:G r ST. P.�UL BOARD 0� =.��:.�� Tuesday , June 12 , �.9;'._, � County Board R�;� 356 City Hall and Co�,rt �:��e 1 : 30 p . m. iaiembers Present: D. Donald ��lozni-a::, Chai,maa Raymond R. Grove `�litchell NI. Kamir_ A�Irs. Estyr Bradley Pe��s ��Irs . �:orma So�erdorf Arthur i�i. Tieso James �. Voigt i�Ier�bers Absent: None R.gencies Present: City Public Builc�ngs BTareau - - Sam Blue, Jerry Kern, Daz P�rsa:�, George S:�olik, - Frank Staffenson, rra:�?: Strub Others Preser_t: P�tarcelino Barrer�, B�s�ie Parrera, Earl Johnsor?, i�lanuel '��`�le�^�� , Ja�es Pekarek, �- Pierre P.egnier , �-�ris Getsub, `:uacy T3ielsen _ P�tichae:l Sirian Meeting of the St, Paul Board of Appeals and Review was called to order . at 1 : 30 p.m. by Chairman D. Donald Wozniak. _ _ . _ _ _... EXHIBIT A , E X C E �R P T 6/12/73 - Meeting No. 91 _� �'. ' ! Cassette Tape 103; 2 sides. Re: Case 47-73-H P3ge 3 . �� ; -4 47- 73-H 242 Bates ��1r. � ;Irs . �1arcelino Barrera by <. Earl Johnson SUBJECT ��eal the order of the Building Dept. in le�ter dated April 25 , I973. 1,loving their hame from property purchased by School Board to a netJ location. APPEARAivCE i%Ir. Earl Jon.nson, Project Nianaber, Schooi �oard, appearing for �ir. � Mrs . Barrera. PROCEEDINGS Mr. Earl Johnson said the School Board is acquiring the Barrera �ranerty, along tiJlt}1 siX other properties. The BarMera' s have had difficul�y in finding replacement housing, and up to th�� point , theyr ha�e nat -`ound other housing that they felt suitable to t�em. The desire of the Barrera' s is to move their present home , <<.d they propose to move :� 2 1/2 to 3 blocks from where they are pre:�ntly located and rer�ai:L in the immediate area, if possible . 1�1r. Ba�.r�ra contacted i-ir. Blue ` s office and rea�uested an inspection be mad<:, and the inspectvrs fot��d tt�ro c�eficiences . Tney ti�ere : the light and v�ztilation in the kitch::!� anc�. t.1e living room was somewhat under the re�:::.irements of the code , rnd aI- so the ceilino on t�ie second floor ti�ras s��.-�,�hat deficient - - it i� ;� 7 ' 2" in fiei�ht and he believes i.he cod� s�_;�s a mii�imal of 7T6" i�: hei�ht EXHIBITA EXCERPT '�Re: .Case 47-73-H � 6/12/73 - Meeting No. 91 P age 4 Cassette Tape 103; 2 sides. � �Ir. Johr.son said 'ne tiJas in£ormed just before this meetin� that the City- Attorney has made some tvpe of ne,a ruling regarding this par�icular type of ap�eal and it appeared then that �he �lPgeal Board could no�t entertain sucii an ap�eal und�r the result of this rule. tilr. Johnson as�:ed the Board i.o ma�e a find�n� that th� present structure at its present location caould' be r�ade legal , and if tlie Board should choose to make such a findin g, then he thinks it could be worked out Zv'ith the Building De�t . NIr. �Yozniak asked if the State Building Code applies to houses that are r�oved? �Ir. Blue answered: Section I05 - Buildino structures moved into or within the City shall comply tilith provisions of this code for new buildings or structures. �ir. Pierre Regnier, Asst. City Attorney, said the City Code says ," Bldos. or structures moved from without to �sithin the limits of the City of St . Paul shall conform, to all requirements of this code (meaning the City Building Code) . �1r. Blue said regarding the iaindo�,vs in this case , the Barrera' s are the present occupant - - they wish to move their house and continue to be the owner-occupant . It didn ' t seem to then because they were a few s�uare feet deficient of Evindow area, that t�ley �JOUld have to tear flut walls , etc. , just to a point in compliance clith the letter of �atia. P��r. Staffenson said the Barrera' s ceiling height is 7 ' 2" , and is na � problem accordino to the Housing Code , which states 7 ' or more. �CT I O\i i b4r. Tieso P�IOVED to amend the appeal to provide that the waiver be granted unc7er the Light. F� Ventilation Housing Code �,Tumber S�. I!�. Seconded.� j-10TI0V C�RRIED. �w �� r� �T � � viu�J . EXHIBIT B E X C E R P T 6/26/73 - Tleei.in; `10 . 92 ' K „. P,IIi�IUTEJ OF THE i�IEETI�Cl Rec Case 49-73-F ST. PAUL BOARD OF APPE��LS Tuesday, June 26, I973 ,��'�+->�, County Board Room � � 356 City Hall and Court House 1: 30 p. m. - i�1E�•IBERS PRESENT: D. Donald lVozniak, Chairman hlitcliell T�I. Kamin �1rs . Estyr Bradley Peake Nlrs . Norma Sommerdorf Arthur y1. Tieso i.IE�iBERS ABSEVT: Raymond R. Grove James D. Voigt AGENCZES P;tESENT: City Public Builciing Bureau - - Jerry Kern, �an Person, George Smolik, Frank Staffensan, Frank Strub; Fire Department - Dan �,Torr�ran, R. Sutton OTHERS PRESENT: P.aymond rarrell , i�Irs . P��1. J. Kelly, John F. Nzeneyer, F-?orace Stoms ; Doris Getsug, Nancy Nielsen Meeting of the St. Pau1 Board of Appeals and Review` was called to order at 1 : 3Q p.m. by Chairman D. Donald Wozniak. P.[1R1D11 n �; X C � x Y '1' � � � � 6/26/73 - Meeting No. 92 � - Cassette Tape 104; 2 sides. Re: Ca�e 49-73-F --- -- -- - - -- - - - - -- -- -- -- - - - - -- - - - - - -- - - - - -- - - - - -- - - - - - -- -- -- -- -- -- -- - -- 49-73-F 225 S. Cl.eveland Highland Park R7ontessori Schoal . �, By John F . Niemeyer SUBJECT: Request relief fxoM co��lying with certain fire code regulations . APPEARANCE: Mr. John F . n'iemeyer, 1272 Galvin Ave . , ti�Iest St . �Paul , l�qinn. 55108. PROCEEDINGS: Mr. Niemeyer stated he is representing the Highland Park A4antessori School (where wife is principal) , which is the leasee at the premises for the past three years at the Clevelanci Avenue Methodist Church. The Iease consists of three connecting roolns plus permission to use some of the other space . The school itself does not o�jn any real propert��. Mr. Niemeyer stated that since Septenber 26 , 1972 , when the school re- ceived a letter from Rir. Norrgran, Fire Inspector, citing a series of code violations , the School Board has been planning ways to correc� the deficiencies . According to Mr. I�Tiemeyer the real c�uestian i.s ��-hether or not the School krould be permitted to occupy th.is sp�ce at all since it is for the use of children, ran ging in aoe from 2 1/2 years t� 6 years of age , --� who are belo`� grade level . If t}-�.at auestion could be agreed to, the ' School would be prepared to meet t��ie ather areas of violatian i�rhicl� havc been specified. E X C E R P T 6/26/73 - Meeting No. 42 K�: . C�se 49-73-F ' Cassette Tape No. 104. Pab� 7 � The School Board has proposed to install a one-I�our fire door as reconmended; they i,rould see to ti;e establishment of a clear passaoe�Jay between two clas5roor�s , and that they �JOUld construc� a fzre exit t�nich zlould e:cit directly to the outside at ground level (tilr. Niemeyer sub- mitted a drawing of tne proposed plan, tooether z,rit� his application) . �ir. Norrgran stated that the planned exit including the stairway would elimznate any exit problems. � ��Ir. Ties� asked tiir. Norrgran if the changes as proposed by �tr. AIorrjran would meet the fire code reaulations as far as the children were concerned in getting them in and out in . case of fire. ,,Ir. �'orrgran � stated yes, that "the building is good in all respects . "_ ACTION- iflr. Tieso i�IOVED that if T�Ir. Niemeyer' s propasal complies with all the regulatior.s of the Fire Department and that they are satisfied, that the appeal be grazted. Nirs. Somznerdorf seconded. ��IOTIO:� CARRIED. THE VOTE: Ayes : Wozniak, Kamin, Peake, Sommerdorf, Tieso. Tlayes : i�Tone. Abstentions: None. i�Iotion carried 5 to 0. �•Ieeting adjourned at 3: 00 p. m. �ir�/7.� - f;�etiri� ',;� ;� E�;�$��' tr . " - '� X C E R F T Cass2t�� TG�:� i�Q. �U`i " P.�: Case 4.g_73-�' Ca�:: �2-%3�-i MI�TUTES OF THE MEETI:1� - ST. PAUL BUAKI) OF APPEALS �'`ID REVIEid Tuesday, Auosst 28, 1973 County Board Roo� 356 City Hall an� Cour� House Z:30 p.m. 1`,��'BEkS FF,F:SE.^7T: D. Donald Wozniak, Cha�rman Mitchell M. Kami.n ' Raymond R. Groce Mrs. Norna Sommerdorf Mrs. Estyr Bradley Peake James D. Voigt - :�...`�3ERS ABSE�r7'T: Arthur M. Tieso AG��v`�IES PRES�IT: Department of Co�imity Services, Div. of Housing and Building Code Enforcement: Jerry Kern, Alice Bij jani City Fire Prevention Bureau: Dan.Norrgran, Richard Sutton Ramsey County Welfare Dept: Russ Dvergsten, Resource Development LTnit ( QT'nERS PR.cSENT: Mrs. Mzchael J. Kelly, Appellant; Friend: Horace Stoms ` Ray-mond P. Farrell, Appellant Raymond Stensgard, Appellant Mr. and 1Krs.Robetr M. Shimek, Appellant Stephen Tanner, Appellant Robert Petersoa, School Treasurer, for Appzllant Doris L. Getsug, Executive Secretary, Appeals Board rieetir.g of the St. Paul �oard of �ppeals and Review was called to or3er aL 1:30 p.m. bq Chairman D. Donal.d Wozniak. E�.'I�IB IT C - . 8/28/73 - Meeting No. 93 E X C E R P T Cassette Tape No. 105 ' Case 48-73-F page 2 . �� -� 48-73-F 165 Como Ave. Unit, Inc. by , Raymoad P. Farrell SLIBJECT: P�ior Hearing - 6/26/73 - Continuance of a request for Extension c�f Tine because of lack of funds regarding instal.lation of Fire Alari*a System and certain elac- trical and housing code items. APP EAR.4NCE: �Ir. Raymond P. Farrell, Appellant; and rir. Russell Dver�sten, Reso�irce DeveZop- r�ent Uni_t, Ramsey County tJelfare Department. PROCEEDIi1GS: �ic. Far_rell stated that since the last Board i�ie�ting he had been n�goti�.tinp witi-� the Ra�sey Cou�.ty td�lfare Depart�ent to get pr�gram for Alcohol Treat�e*_tt . Ce�zter completed. The Program was tivorked aut and then the Battei was taken to � tr�� Cot�nty Attorney's Ofrice where the G7elfare DePartmeat discovered the lzcense ��as held in abeyance until code vialations w�re correc�ad. 8/28/73 - Meeting Na._-93 EXHIBI'� C E X C .E R P T Cassette Tape No. 1Q5 --48�73:F--� Page 3 ?�[r. Farrell stated that because the license was held in abeyance, they lost the treatment center prooram sznce they did not have a license to operate as such, and that the alcoholic treatment program was refused b2cause of failure to obtain such licznse. They also lost their Director and had an Advisory Board set up. It was decided to operate as a Board and Lodging place--for just regular room and board--or start the process all over again with a new program which last coursa of action did not appeal to them at this time. The concZusion uras that they would prefer to keep building open as a board and I.odging place. The electrical work, enclosing the stairway, electrical fire alarm system, and � other items designated in :the December 8, 1972�1etter regarding the Housing and Fire Codes would be taken care of. However, a variance was requested regarding the size of the rooms--appealing. a variance from the square footaga per person requirement. They could not profitably run a Board and Lodgine Home if they have to cut down on the number of rooms. Mr. Norroran stated that there were 12 rooms that were no� 70 square feet per person as required by the Fire Code. Specifically, 3 rooms were 68 sq. ft. ; 3 rooms were 65 sq. ft. ; 3 roo�s were 64 sq. ft. ; and 4 rooms w�re 60 sq. ft. Overall, the rooms were lacking 10 square feet at the most and 6 sq. ft, per roo� and 5 sq. ft. per roon. � In answer to Mrs. So�erdorf's question whether these rooms were all singZe rooms, Mr. Norrgran replied affirmatively. For clarification, Chairman jJozniak then restated Mr. Farrell's request as follows: "You are specifically asking for a variance of the Housing Code as to a square footage for sleeping purposes and lodging place." Mr. Farrell stated that such was their request and that the other i*_ems on the Housing Division's list sgecified in the 12/8/72 letter were being taken care of or already had been done. Cnairnan Wozniak then noved that the Variance be granted for a Board and Lodo i?:� license provided t'nat a Variance be granted on the square iootaoe area according to the Housing Code; provided, however, that all of the items listed on the Decerr.ber 8, 1972, letter from rL:. Norrgraa, Assistaat Fire Marshal, be completed to the satisfaction of tha inspection, with a deadline of 9d days. �Ir. Dvergsten, oi the �tamsey Coun.ty W�lfare Department, stated that the E�elfare Board had recar�tiy approved a rate increasz for Board ar.d Lfldoing facilit;es to $1�5 a month. Because of the defective jucigment and the incapacifiies of caany of these occupanLS, th� RCTrIB enph3sized that li�e-safety require�ents af tne codes must be �et. Part of the requirenent in this matter was tnat the facility had to be licensed per se and rseet the codes and standards �n terr.is of tl�e City ordinances. The A�ency had to be rsade certain that these requi.re- ra�_nta were specifzcally and de�irtitely met 'oefore they caould disburse pa �,ents, ;articularly at the $145 rate, to i�r. Farrell. The Agency would like to be in�orned. as to the date when sucn compliance had beert �ade "so they will �now w�er� th�y stand." EXHIBITC _ EXCERPT , _ - 8/?8;7� �-- i�iee_��g No. 93 Cassezt•� Tape �o. 'OS � --48-73-F-- Paoe � � In ans:aer to rtr, Farrell's questioz as to ,cz��her such 1ice�se co:cld �-�� ad� °�i�.'CC1V2 8t ti11S tiL12� CR31r`u13R l�Toznia�C SLSt°d tiZ3t lt could not C� �pnA� that ti.rith the Board's action �he license would not b� issued L:r�til t�e -vork �ad been compietec}. �-Ioreover, the waiier should be placed on that Iit��zse. :�r. iiorrgren stated a report orould be L.ad� to tha Police License In�o�-__or which stated that t7is waiver is there and explaias the nature of th� :y;=_iver. Cnairman Wozr.iak's aotion grantin� waiver as stated was then seconded. Tn� motion Was carried and so ordered. THE V�TE: Ayes: Wozniak, Grove, I:anin, Soummerdorf, Peake and 4oiozt. Nayes: �ione. _ _ Abstentioas: None. ' Motion carriec� 6 to 0. �1'-z'-`'11 � EXC ERPT .. — - — — — — — 8/28/73 - Meeting Na. 93 Cassette Tape No. 105 Case 52-73-H Page 4 ��ry� e • ar [� F 52-73-H S03 E, Belvi.dere (Uuplex) Raymortd Stensgard S U3Jr.�T: Request E:�tension of Tine to comply wi�h ce-tair. Housiug and Fire Code �agu]_atians. t'1.Pz':;t?Rr1:�10E� '°[r, t�ay�ond Stezsaard, Appellant. � X H Z B I T C ' � E X C E R P T 8/28/73 - rieeting No. 93 , — — — — — — — Cassette Tape No. 105 r ==52-73-H-- Page 5 , ?�ac;:��zvGS: .-Ir. Stens�ard stated he wou13 like to have 60 days, if possible, in ord°r to comply with rhe specified code reoulations. `�s. Stensoard said the complaint stemed fron the people livino upstairs. In tne co�nplaint report request was made "to reduce the nu�er of occupa�ts." i-:�. Stens�ard wanted to know ;ahen he would have ta give notice to tenants livin? upstairs �aho have three children. Board members said they did not know of any such renting restriction. . A1ice Bijjani, of the Housing Coda Division, explained the two bzdroons up- stairs were only 9 ft. x 7 ft. , which dinensions were below the minimum standard. However, the situation was not too great a proolem and could be worked out through re-arranoement. Zn answer to Chairman Woznia�:'s question as to whether he would like to have the tenants remain, rlr. Stensgard stated he woul.d like to keep them. They were looking for a home to buy but at the present time they did not have any, and now they were worried about not having any place to mova, and that it was difficult to rent a place cvith three small children. Chairsan �dozniak recommended a 60-day Extension of Time to ma�.e the specified repairs, with Housing Division reinspection at the end of that time. If, in fact, the inspection was correct, the case need not be rescheduled for tY:e I�ovemb�r neeting. Mr. Grove, Board member, moved that the Waiver be gra�nted for a period. of 60 � d�ys as stated with reinspection. rSotion was seconded by .Ir. Voight. The notio� was carried a�d so ordered. TJ� �IOTE: Ayes: �dozniak, Grove, Ramin, Sor�nerdorf, Peake, and Voight. iiayes: None. Abstentions: P1one. '�foticn ca�ried 6 to 0. ------------------------------------------------------------------------------- � �` • Cassette Tape 1Q3 ; 2 Sid�s b/12/73 ; � Meeting No. 91 bIINUTES OF THE MEETING { ST. PAUL BOARD OF APPEALS ,��'�'�ry�, Tuesday, June 12 , 1973 / �4 County Board Room 356 City Hall and Court House 1: 30 p.m. N�embers Present : D. Donald Wozni�ak, Chairman Raymond R. Grove ;`�iitchell M. Kamin Mrs. Estyr Bradley Peake Mrs . Norma Sommerdorf Arthur M. Tieso James D . Voigt �•4embers AbsPnt: None Ager�cies Present: City Public Buildings �ureau -- Sam Blue, Jerry Kern, Dan Person, George Smolik, Frank Staffenson, Frank Strub Others Present: Marcelino Barrera, Bessie Barrera, Earl Johnson, Manuel Melendez , James Pekarek, , Pierre Regnier, Doris Getsug, Plancy Nielsen � ' Michael Sirian !�Seeti�b of the St . Paul Board of Appeals was called to order at 1 : 35 �.�a. by Chairman �onald Wozniak. :�Iinu�es of the P-1ay 22 , 1973 Meeting were approved as submitted. 4 Mrs. Estyr Peake P�IOVED that fees that are unuse�. or appeals that ha�Te never been processed for the followi.ng people , be refunded in the anount of �5. 00 each - - Total $20. 00 : I�4r. Kenneth Spieln;an Case No. 32 -73-H 344 6��7. University " " 33-73-H 1!1T. llOi131d Thlll 'r " 40-73-B 590 Thomas Ave. .�1r. Gary Reinhardt " " 4I-73-P 1036 Cumberland PlI�TIOi�I C�RRIF.D. Cilairman V�ozniak read a lette.r directed t� Members of the Board af �^,ppeals from Council President Ruby Hunt, informing them that P�Ir. I�iichae2 Siria.n, l�ecause of other duties , would no longer be able to serve as - the Executi�re Secretary of the Board of Appeals . His replace�ent is � Doris I.. Getstag, Research Analyst, Council-Research Center, 705A City H:��.1 - T'elephone No. 293-4I63. Page 2 ( ATr. Arthur Tieso MOVED that Mr. Sirian be thanked for his services , wishing him well in the future . MOTION CARRIED. Chairman Wozniak said the Crocus Hill matter has precipitated a legal opinion. Mr. Wozniak read a letter from Mr. Jerry Segal , City Attorney' s - Office, directed to Mr. Glenn Erickson, stating that their recent opinion states that the St . Paul Board of Appeals has no authority to waive provisions of the State Building Code . He asked to have examined three files to determine if the Board of Appeals recommendation to the City Council included proposed variances or waivers of the State Building Code. If so, notify Mr. Segal what items of the Building Code are included and he will inform the City Council that these items may not be waived except as in the manner set forth in the State Building Code. PRr. Wozniak said this wi11 be an operational procedure. P�r. Sam Blue said they will attempt to advise the Board whether or not the State Code will affect the needs of people from here on out . Mr. Blue also said that they asked Miss Getsug not to accept an appeal re- quest unless it is in writing, outlining �xactly sections they are appealing. 45-73-B 435 S . McKnight Rd. James F� Judith Pekarek � . � SUBJECT S�Iaiver to add enclosed porch area. ' APPEARANCE James Pekarek F PROCEEDIiVGS Mr. Pekarek said they would like to add a screened and windowed porch off their kitchen. They presently have a large patio door and large window that would be enclosed by this porch, but would still leave the windows in . This would be the anly light that they would have in the kitchen . He feels, however, that they would be getting suf�icient lighting from the patio door and from this additional large window, that tivould be opening into a porch, which is almost all windows - - well over 100 sq. feet of window space in the porch. As far as ventilation, they ' have central air conditioning and also an electronic air filter. Mr. Blue said this is builciing code, and he suggested that this matter be handled by them administratiively. Mr. Pekarelc asked to withdraw this appeal from the Board. - � � A7r. Kamin MOVED that Mx. Pekarek' s �5. 00 fili?�g fee be refunded. Seconded T�IOTION CARRIED. . � ; � � � Page 3 � ; �t��'��4 ; 46- 73-B 1400 Edgcumbe Rd. Steve Kroiss Can- struction Co. SUBJECT tNaiver to add family room on main floor; 2 bedrooms in basement, with additional stairway and entrance to exterior. APPEARANCE No one. PROCEEDINGS Mr. Blue said this is building code, and has been handled administra- tively. It was MO�IED that the $5 . 00 filing fee be refunded. Seconded. MOTION CARRIED. 47- 73-H 242 Bates P.1r. F� Mrs. biarce].inc Barrera by Earl Johnson SUBJECT Appeal the order of the Building Dept. in letter dated April 25 , 1973. Moving their home from property purchased by School Boarcl ta a new locatioz. 5 APPEARANCE blr. Earl Johnson, Project A7anager, School Board, appearing for �Ir. F� �Irs . Barrera. PROCEEDIi1GS �1r. Earl Johnson said the School Board is acquiring the Barrera property, alor�g tiait-h six other properties. The Barrera' s have had difficulty in finding replacement housing, and up to this point , they have not founc� � other housing that they felt suitable to them. The desire of the Barx-era' s is to move their present home , and theypropose to move it 2 1/2 to 3 blocks from where they are presently located and remain in the immediate area, if possiblE . Mr. Baxrera contacted P,1r. Blue' s office and requested an inspection be made, and the inspectors found t�aa c:eficiences . They �aPre : the light and ventilation in the kitchen and. the Iiving room was soneUrhat under the requiremsnts of the Gode , and al- so the ceiling on the second floor was somewhat deficient - - it is 7 ' �" in height and he believes the code savs a minimal of 7 ' 6" in height . � Page 4 � Mr. Johnson said he was informed just before this meeting that the City Attorney has made some type of new ruling regarding this particular type of appeal and it appeared then that the Appeal Board could not entertain such an appeal under the result of this rule. Nir. Johnsan asked the Board to make a finding that the present structure at its present location would be made legal , and if the Board should choose to make such a finding, then he thinks it could be worked out with the Building Dept. , , Mr. tiVozniak asked if the State Building Code applies to houses that are moved? Mr. Blue answered: Section 105 - Building structures moved into or within the City shall comply with provisions of this code for new buildings or structures. A7r. Pierre Regnier, Asst. City Attorney, said the City Code says ," Bldgs. ar structures moved from without to within the limits of the City of St. Paul shall conform to all requirements of this code (meaning the City Building Code) . � b1r. Blue said regarding the windows in this case , the Barrera' s are the present occupant - - they wish to move their house and continue to be the owner-occupant. It didn' t seem to ther� because they were a few sauare fe.et deficient of windaw area, that they would have to tear out walls , etc. , just to a point in compliance with the letter of law. P�1r. Staffenson said the Barrera' s ceiling height is 7 ' 2", and is no ; problem according to the Housing Code , which states 7 ' or more. �ICT I ON D�r. Tieso MOVED to amend the ap�eal to provide that the waiver be granted under the Light � Ventilation Housing Code Numbsr 54 . 14. Seconded. MOTION CARRIED. , 31 - 73-H 401 Lafond Cairl F� Tietz Lawrence H. Pieper By Hugh P. Markley SUBJECT Appeal of certain plumbing and electrical items - laid over from �pril 17 and t•�ay 8 , 1973. APPEARA��CE No one. PROCI:EDINGS A1r. F�ugh Marlcley had called anc! said they were still trying to secure � '4, the final bid, and askea that this be conti.nued until the Board' s next rteet ing. �'�CT I ON It was s�� MOVED tnat this item be Number I on the next Agenda. N10TION Ca?2RII;D. Page S 1 �Vith regard to authorization of refund of filing fees , Mr. Wozniak said he tliought this Board tivas really only authorized to return the $5 . 00 filing fee because of financial hardship , and after recommendation of the enforcing officer the Appeals Board may waive the filing fee subject to approval by the City Council. Discussed. 42- 73-H 1977 Marshall Ave . Gordon Struck SUBJECT Reconsideration of Dr. Struck' s appeal . �PPEARANCE No one . PR�CEEDINGS Mr. Michael Sirian said that the Board of Appeals did schedule Dr. Struck for this meeting, June 12 , 1973 , and certified mail was sen� out with return receipt requested. Dr. Struck has responded to the receipt , which Miss Getsug has . Attorney Robert 5hea did not respond. � • Mr. Wozniak asked the record to show that on Tuesday, June 12 , 1973, 2 : 16 p .m. , Item 42-73-H, an appeal of Gordon R. Struck, 1977 Marshall Ave. , which was scheduled for 2 : 00 p.m. , entitled - Reconsiderati�n of Dr. Struck' s Appeal, - - there is no appearance by Dr. Sfiruck or his attorney, Mr. Robert Shea. Mr. tiVozniak said there was some question as to a prior meeting on wheth.er or not sufficient notice has been given, therefore , the Board scheduled again, a hearing on this reconsideration of this appeal. A notice of the hearing was sent by registered mail , and return receipt was returned si�ned by the appellant, Dr. Struck. ACTION . PJo appearance being made on behalf of this appeal , Mr. tiV�zniak entertained a motion that this appeal be dismissed. Seconded. MOTION CARRIED. Nleeting adjourned at 2 : 20 p.m. i . � - � Cassette Tape 104 ; Z Sides 6/26/73 - ]�4eetin� No . 92 MINUTES OF THE P�IEET ING ST. PAUL BOARD OF APPEALS � Tuesday, June 26, 1973 County Board Room 356 City Hall and Court House 1 : 30 p.m. ' ti1EP•�BERS PRESENT: D. Donald �Vozniak, Chairman Mitchell Ni. Kamin Mrs . Estyr Bradley Peake Mrs . Norma Sommerdorf Arthur M. Tieso i�1EyBERS ABSENT: Raymond R. Grove James D . Voigt AGENCIES PRESENT: City Public Building �ureau - - Jerry Kern, Dan Person, George Smolik, Frank Staffenson, Frank StruY�; Fire Department - Dan Norrgran, R. Sutton OTHERS PRESENT: P.aymond Farrell, Mrs . N1. J. Kelly, John F. Niemeyer, Horace Stoms ; Doris Getsug, Nancy Nielsen � Nieeting of the St . Paul Board of Appeals was called to order at 1 :40 p.m. by Chairman Donald Wozniak. Pdinutes of the June 12 , 1973� meeting were approved as submitted. For. the record: Regarding Case #35-73-H, for placement in the Board file, Chairman Wozniak gave recording secretary, Nancy N�,elsen, copy af a purchase agreement between �Iary Sulikowski (Case #35-73-H) and Cla�ip-Thomssen . - -- - - - - - - - - - - - - - - -- - - -- - - - - - - - - - - - - - -- -- - - - - - -- - -- - - --- -- -- -- -- -- - - -- - 50-73-H 896 Lincoln (Duplex) P�Irs . �iichael Kelly (Genevieve) SUBJECT: �,equest for extension of time to comply with housing code regulation regarding exterior pair�t containing lead. APPEARANCE : ;1rs . Nlichael Kelly and idr. Horace Stoms , a friend. � PROCEEDINGS: � � � i�Irs . Kelly stated that she had a notice from �7r. Stephen Roy, Housing Inspector, that there was a ca;nplaint by her next door neighbor that the paint on the exterior of Mr. Kelly' s hou�e was peeling, chipping, an�. flakin;, ar�d contained lead, which was endan�ering her small children v\ P a g e 2 2�� 4 � (ages from about 2 years to 5 years) , who played outside and on Mrs. Kelly' s lot. Mrs . Kelly further stated that her notice from P�r. Roy suggested that she shoulcl contact the St. Paul Board of Appeals and Review, reauesting that a variance be granted, possibly, so that she need not have to repaint her house because of the lead paint problem. ^�r. Staffenson, Housing Supervisor, stated that Mrs . Kelly' s� problem was a "hardship case" and a "very expensive propdsition here". He felt that enforcement in this particular case was somewhat unjust and that some kind of ruling, perhaps , a time variance could be made by the Board. b1r. Staffenson further stated that his Department was unable to take legal action against the contractor because they could not prove he had used illegal lead paint. Mr. Staffenson pointed out that the lead content in the paint used on I�1rs . Kelly' s house was 350 , while the maximum amount allowed under the law passed in August, I969, was only 1% . Nlrs. Kelly also stated that the house next door to hers on the other side was scheduled for demolition and that she could not, proceed with repairs on her own house, including installation of roof louvers and gutters and new painting u�til demolition was completed and the debris taken away. Moreover, she was unable to say how soon she could afford to repaint her house in view of having recently painted it in 1970 at , a cost of $1, 250 and $2, 300 in 1966. She _felt the complainant could put up a fence to keep the children off her property. In answer to questioning by Chairman tiYozniak, Mrs . Kelly stated that the name af the contractor-painter was C . Albin Carlson, 3101 Ridgeway, who had painted her house three times. b4r. Staffenson said he had contacted Mr. Carlson, the contractor, who reported he had "no remaining paint samples , no brushes , ,not anything left from this job ." Mr. Staffenson stated it would be an impossibility to determine which ��as the last application of paint on Pv1rs . Kelly' s house and that under the method of spectro-analysis, �ahich is used to determine lead content �he sample is burned and there is no �,ray to separ- ate and save the top layer of the sample. �Ir. Staffenson said his office could not build a case against the con- tractor under code enforcement action. A motion (LATER tiaITHDR�WN) by Chairman Wozniak was carried to grant a w.aivei- to �Irs . Kelly upon certain conditions , including that of keeping visible peeling paint scraped all the time and that the house be re- painted by calendar year , 1975 . A copy of this action and explanatary letter was to be sent to the compla�nant . Also, Mr. Staffenson was directed to send Ietter to the painter inviting him the opportunity to r�fute the prima facie casE of his having applied lead paint on Mrs. Kelly' s house after the effective da.te of orciinance . ''� However, after further discus5ion on this matter, Chairman �vozniak with- drew tl�i s r�ot ion. Page 3 '�,�?c�H�,�► U�,' ��C� � � ACTION: Instead, Cliairman Wozniak suggested to P�4rs . Kelly that she contact her attorney to find out what to do about taking legal action against the contractor to see if it were possible to get �he contractor to contribute toward repainting the house . Her attorney sh.ould, then, have a report ready for the Board of Appeals. Chairman Wozniak then ?�IOVED that the case be continued for 60 days until the Board' s second meeting on August 28, 1973 , at which time he sug- gested that Mrs . Kelly bring her attorney to this second meeting, the 4th Tuesday in August. MOTION CARRIED. THE VOTE: Ayes : Wozniak, Kamin, Peake , Sommerdorf, Tieso. Nayes : None. Abstentions : None . Motion carried S to 0. Mrs . Kelly asked to be notified of continuance and date of next hearing on this matter. - -- - - - - - -- - - - -- - - - - -- - - - - - - - - - - - - - - - - - -- -- -- - -- -- - - - - - - - - -- --- - ------ - 31- 73-H 401 Lafond Ave . Cairl $ Tietz Lawrence H. Pieper By Hugh P. Markley � SUBJECT: Prior Hearing - 6/12/73/ - Continuance of an appeal of certain plumbing and electrical items - laid over from April I7 and P�iay 8 , 1973. APPEARANCE : No one appeared: _ � ACT I ON: After some discussion by the Board in reviecaing the two previous hearings with regard to Board' s action in this case , Chairman tVozniak T�IOVED that the appeal be dismissed. Mr. Ti�so seconded. MOTION CARRIED. THE VOTE : ` Ayes : Wozniak, Kamin, Peake, Sommerdorf, Tieso. Nayes : None . Abstentions: None Motion carried 5 to 0. Chairman Wozniak further hIOVED that Mr. Frank Staffenson dixect a letter ta the owners indicating th�t the appeal has been dismissed and that he is �oing to proceed eaith the condemnation, reposting it , and action was dune on the following basis : That the original hearing was A��ril 17 , 1973 , and cantinued to ��Iay 8 , 1973 , at �J�iic�i time the electrical appeal was denied, and that the owne.rs caere to check with various people to see if something couid be worked out on further waivers . To date no one has been contacted to work out the Page 4 , �' problem; case was then rescheduled for June 26 , 1973 . I-Iow- ever , no one appeared; therefore, the appeal has been dis- missed. N1r. Tieso seconded. MOTION CARRIED. T�IE bTOTE : Ayes : �Vozniak, Kamin, Peake , Sommerdorf, Tieso. Nayes : None. Abstentions : None. i�lotion carried 5 to 0 . � - - -- -- -- - - - - -- -- -- -- - ----- - - - - - -- -- -- - - -- -- -- -- - - -- - -- -- -- -- -- -- -- ---- 48-73-F 165 Como Ave. Unit , Inc. By Raymond Farrell SUBJECT : Request extension of time because af lack of funds regarding installa- tion of fire alarm system and certain electrical and housing code items . APPEARANCE : Mr. Raymond P. Farrell PROCEEDINGS: ' As a background, I�1r. Farrell stated the building in question at 165 Como Ave . is a Como Avenue Treatment Center. Previously, it was a Board and Lodging Building. About October , 1972 , it was changed intQ a Treatment Center for Alcoholics . Currently, there are 26 occupants in this buil.ding, which has a capacity of s"8 - 40 people . The buildi�g is presently being operated at a loss , but owners are negotiating with Ramsey County Welfare to make this building into a Qne-Quarter - �Vay House for Alcoholics. ' 'I'he Ramsey County Welfare has a need for placing "hard-core alcoholics" -- the peop2e who intermittently fall off from non-drinking. Mr. Farrell stated that the Welfare Department �aants the owner to set up a Quarter- ti�Iay Hause for these alcoholics , which. is a type of home not as stringent as a ��alf-YJay House , where alcoholics can be placed and taken care of with a counselor and admin;strator making certain they have �hree meals a day and are given care and consideration to help them stay off alco- ho1 . Currently, the Ramsey County tiVelfare wishes to have a buildin g set up ti,rhere they can deal with the people that they have ti,rho are alcoholic ca�es . Mr. Fa.rrell said that they had be�n operati.na previously as a kind of quasi- Quarter. -�+Tay House, but their directive was that if th� alcoholics drank - - thev ti�rere allowed, ma}�be, a couple of chances to fa�l down. t�nd , then, if the�- fell off and drank once after that, they �aould be asked to leave. It �:as more or less considered a screening center to see if Page 5 , 2�2��4 these men could stay off alcohol and then be transferred to other Facilities . According to b1r. Farrell, this system is being changed now into a Quarter-.Vay House where these men will be daily counseled and �vill noi be asked to leave unless the treatment administrator makes a determina- tion that further treatment for de- toxification be done elsewhere at another treatment center. � Currently, with only 26 occupants , the owners have been sustaining quite a heavy loss and have done so for the past six months , amounting to approximately $10, 000. Once this new program is initiated, they should be carrying 35-38 new people, and there should be money available to take care of this problem. Mr. Farrell stated there is also another consideration here, that this building is in the Capitol Approach area, and there is a possibility tliat this building might be taken within the next two or three years . With regard to the items on the Housing F� Fire Code regulations which were designated for owners ' compliance, Mr. Farrell stated that the o��ners have complied with some of tlie items and have tried to do the things that they could, which were reasonable with regard to costs. But inasmuch as they were operating at a loss and that there was a possi- bility that the building might be taken over by the Capitol Approach within the next two or three years , that they would be unable to comply with all of these items . Mr. Farrell state.d that they i,rould have to close down the building because of financial hardships , particularly, if forced to comply with the bedroom area requirements . 1Yith reference to the many items requiring otivners' compliance , including need for improved fire and electrical systems , Mr. Norrgran, Fire Pre- vention Ir.spector, brought the Board' s attentian to the fact that three extensions of time had already been granted at Mr. Farrell ' s request covering a pexiod from December, 1972 , to June I5 , 1973. Both Mr. Norrgran and Mr. Staffenson cited the serious need for housing code compliance in this matter. Chairman Wozniak commented upon the j�Telfare Board' s reason for negotiating with the building owners and the assumption that there tvas no better place currently available as a Quarter-�Jay House to take care of these clients who had alcoholic prublems . Mrs . Sommerdorf asked what other facilities Unit , Inc. , operates and if th�s is the only social endeavor in tvhich this Corporatian is involved. :�ir. Farrell replied that it iJas a small family-owned Corporation, that they had four buildings , and were engaged in only this one social opera- tion . � ' Page 6 � Chairman VVozniak rec{uested Ntr. Farrell to bring in a representative from the �Velfare Department at a future date, assuming that he would have re-negotiated the contract, so that the Board could discuss both what needs to be done in the building and also what the �delfare Board iieeds are in this matter. ACTION: Chairman tiYozniak N10VED that this matter be continued for 60 days until the second meeting in August, (August 28) , at which time i�ir. Farrell is to bring bef ore the Board the results of his negotiations with the Ramsey County Welfare Board, and also for discussion one or two rep.re- sentatives from the Ramsey County �velfare Board. Kamin seconded. ti10T ION CARRIED. THE VOTE: Ayes : Wozniak, ICamin, Peake, Sommerdorf, Tieso, Nayes: None. Abstentions: None . Motion carried 5 to 0. - -- -- -- - - -- - - -- - - -- - - -- - - - - - - - -- - - - - - - -- - - - - - - -- --- - - -- -- -- -- -- -- -- --- 49- 73-F 225 S. Cleveland Highland Park A4ontessori School By John F . Niemeyer SUBJECT : Request relief from complying with certain fire code regulations . APFLARANCE: Mr. John F . Niemeyer, 1272 Galvin Ave . , jVest St . Paul , Pdi�n. 55108. PR�CEEDINGS: I�1r. Niemeyer stated he is representing the Highland Park Montessori School. (where wife is principal) , which is the leasee at the premises for. the past three years at the Cleveland Avenue Methodist Church. The lease consists of three connecting rooms plus permission to use some of the other space . The school itself does not own any real property. �Ir. Niemeyer. stated that since September 26 , 1972 , when the school re- ceived a letter from ;��r. Norrgran, Fire Inspector, citing a series of code violations , the School Board has been. planning ways to correct the deficiencies . Accordino tc P�4r. Niemeyer the reaZ c{uestian is whether or not the School woulc� be permitted to eccupy tIlis space at all since it is for t�-ie use af children, ranging in age from 2 :1/2 years to 6 years of age, . who are belo�ti grade level. If that question could be agreed to, the Scl-iool would be prepared to meet the otr.ex arGas of violation which have be?n specified. Page 7 ��M��`�`t l The School Board has proposed to install a one-hour fire door as recommended; they would see to the establishment of a clear passageway between two classrooms , and that they would construct a fire exit which �vould exit directly to the outside at ground level (Mr. Niemeyer sub- mitted a drawing of tlie proposed plan, together with his application) . NIr. Norrgran stated that the planned exit including the stairway would eliminate any exit problems. • R•1r. Tieso asked I�?r. Norrgran if the changes as proposed by Mr. Norrgran would meet the fire code regulations as far as the children were concerned in getting them in and out in case of fire. Mr. Norrgran stated yes, that "the building is good in all respects. " ACTION: P�Ir. Tieso MOVED that if Mr. Niemeyer' s proposal complies with all the regulations of the Fire Department and that they are satisfied, that the appeal be granted. Nirs. Sommerdorf seconded. h10TI0N CARRIED. THE VOTE: Ayes: ►�Vozniak, Kamin, Peake , Sommerdorf, Tieso. Nayes : None. Abstentions : None . Motion carried 5 to 0. P�eeting adjourned at 3: 00 p.m. � ; ` " � . 8/28/73 - Meeting No. 9� • Cassette Tape No. 105 MINUTES OF THE MEETING � ST. PAUL BOARD OF APPEALS ��ID REVIEW ��L� Tuesday, August 28, 1973 County Board Room 356 City Hall and Court House _ 1:30 p.m. MEPiBERS PRESENT: D. Donald Wozniak, Chairman Mitchell M. Kamin Raymond R. Grove Mrs. Norma. So�erdorf Mrs. Estyr Bradley Peake James D. Voigt MEMBERS ABSENT: Arthur M. Tieso AGENCIES PRESENT: Department of Commimity Services, Div. of Housing and Building Code Enforcement: Jerry Kern; Alice Bijjani City Fire Prevention Bureau: Dan Norrgran, £tichard Sutton Ramsey County Welfare Dept: Russ Dvergsten, Resource Development Unit ( OTHERS PRESENT: Mrs. Michael J. Kelly, Appellant; Friend: Horace StomS Ra.ymond P. Farrell, Appellant Raymond Stensgard, Appellant Mr. and ]Mrs:RobetC M. Shimek, Appellant Stephen Tanner, Appellant Robert Peterson, School Treasurer, for Appellant Doris L. Getsug, Executive Secretary, Appeals Board Meeting of the St. Paul Board of Appeals and Review was called to order at I:30 p.m. by Chairman D. Donald Wozniak. Chairman Wozniak discussed the matter of Refunds and brought to the Board's attention a letter received from the City Attorney, citing an opinion in response to the Board's request, that under Ordinance No. 13925 the St. Paul Board of Appeals and Review did not possess the authority to grant a refund of the $5.00 filing fee. After some discussion it was decided by the Board to have the Ordinance amended and a request would be made to the City Attarney to prepare an ordi�.ance grant- ing the Board the power to make refunds at the discretion of the Board. Those Appellants presently awaiting a refund by the Board would be notified by the Executive Secretary of the delay until passage of such ordinance before processing of refund. Chairman Wozniak announced that at the Board`s next meeting the Board would con- sider the question of Building Code violations. Minutes of the meeting of June 26, 1973, were approved as submitted. t r . . 8/28/73 - Meeting No, g3 Cassette Tape No. 105 Page 2 , 50-73-H 896 Lincoln (Duplex) rirs. Michael J. Kelly (Geneviev� C.) SUBJECT: Prior Hearing - 6/26/73 - Continuance of a request for an extension of time to comply with the Housing Code regulation regarding exterior paint containing lead. APPEARANCE: Mrs. Michael Kelly, Appellant; and Mr. Horace Stoms, a friend. PROCEEDINGS: In response to Chairman Wozniak's question as to whether the house was repainted, Mrs. Kelly stated that she had hired a painter and signed a contract on July 23, 1973, and that the work was to be done within the next two months. Chairman Wozniak moved that the matter be continued until the October meeting, 10/9/73, subject to a letter from Mrs. Kelly that the vtork was completed, and that if such is the case, it need not be put back on the Agenda. Motion was seconded. Motion was carried and so ordered. � 'rHE VOTE: � Ayes: Wozniak, Grove, Kamin, Sommerdorf, Peake, Voight Nayes: None Abstentions: None. Motion carried 6 to 0. 48-73-F 165 Como Ave. Unit, Inc. by � Raymond P. Farrell SUBJECT• Prior Hearing - 6/26/73 - Continuance of a request for Extension of Time because of lack of funds regarding installation of Fire Alarm System and certain elec- tricaZ and housing code items. APPEARANCE: . rlr. Raymond P. Farrell, Appellant; and Mr. Russell Dvergsten, Resource Develop- ment Unit, Ramsey County Welfare Department. PROCEEDINGS: Mr. �arrell stated that since the last Board Meeting he had beert negotiating with the Ramsey County Welfare Departmenc to get program for Alcohol Treatment . � Center completed. The Program was worked out and then the matter was taken to the County Attorney's Office where the Welf are Department discovered the license was held in abeyance until code violations were corrected. , - 8%28J73 - Meeting No. 93 • • Cassette Tape No. 105 Page 3 ��,��,'� ; �Mr. Farrell stated that because the license was held in abeyance, they lost the treatment center program since they did not have a license to operate as such, and that the alcoholic treatment program was refused because of failure to obtain such license. They also lost their Director and had an Advisory Board set up. It was decided to operate as a Board and Lodging place--for just regular room and board--or start the process all over again with a new program which last course of action did not appeal to them at this time. The conclusion was that they would prefer ta keep building open as a board and lodging place. The electrical work, enclosing the stairway, electrical fire alarm system, and other items designated in the December 8, 1972�1etter regarding the Housing and Fire Codes would be taken care of. � However, a variance was requested regarding the size of the rooms--appealing a variance from the square footage per person requirement. They could not profitably run a Board and Lodging Home if they have to cut down on the number of rooms. Mr. Norrgran stated that there were 12 rooms that were not 70 square feet per person as required by the Fire Code. Specifically, 3 rooms were 68 sq. ft. ; 3 roo7as were 65 sq. ft. ; 3 rooms were 64 sq. ft. ; and 4 rooms were 60 sq, ft. Overall, the x'ooms were lacking 10 square f eet at the most and 6 sq. ft, per room and 5 sq. ft. per room. In answer to Mrs. So�erdorf's question whether these rooms were all single � rooms, Mr. Norrgran replied affirmatively. For clarificatior., Chairman Wozniak then restated Mr. Farrell`s request as follows: "You are specifically asking for a variance of the Housing Code as to a square footage for sleeping purposes and lodging place." Mr. Farrell stated that such was their request and that the other items on the Housing Division's list specified in the 12/8/72 letter were being taken care of or already had been done. � Chairman Wozniak then moved that the Variance be granted for a Board and Lodg- ing license provided that a Variance be granted on the square footage area according to the Housing Code; provicled, however, that all of the items listed on the December 8, 1972, 1etter from Mr. Norrgran, Assistant Fire Marshal, be compZeted to the satisfaction of the inspection, with a deadline of 90 days. Mr. Dvergsten, of the Ramsey County Welfare Department, stated that the Welfare Board had recently approved a rate increase for Board and Lodging facilities to $145 a month. Because of the defective judgment an�l the incapacities of many of these occupants, the RC�TB emphasized that life-safety requirements of the codes must be met. Part of the requirement in this matter was that the facility had to be licensed per se and meet the codes and standards in terms of the City ordinances. The Agency had to be made ce:tain that these require- men�;� were specifically and definitely met before they would disburse payments, particularly at the $145 rate, to Mr. Farrell. The Agency would like to be inrormed as to the date when such compliance had been made "so they will knaw � r where they stand." , 8/28/73 - Meeting No. 93 � � Cassette Tape No. 105 ' Page 4 In answer to Mr. Farrell's question as to whether such license could be made effective at this time, Chairman Wozniak stated that it could not be done, that with the Board's action the license would not be issued imtil the work had been completed. Moreover, the waiver should be placed on that license. rir. Norrgren stated a report would be made to the Police License Inspector which stated that this waiver is there and explains the nature of the waiver. Chairman Wozniak's motion granting waiver as stated was then seconded. The notion was carried and so ordered. � . THE VOTE- Ayes: Wozniak, Grove, Kamin, Sommerdorf, Peake and Voight. Nayes: None. Abstentions: None. Motion carried 6 to 0. ------------------------------------------------------------------------------ 51-73-H 85 B Street Sally Anderberg SUBJECT: Request Waiver regarding City Sewer and Waeer hook-up. � APPEARANCE• None. PROCEEDINGS: Chairman Wozniak stated a request had been made by Mrs. Anderberg on 8/24/73 to hav� case withdrawn because building had burned down. ' Ghainnan Wozniak then stated, accordingly, case was withdrawn, and Appellant was to receive a refund under the new ordinance which was to be prepared granting Board refund powers. 5?_-i3-H 503 E. Belvidere (Duplex) Raymond Stensgard SUB3ECT: Request E�tension of Time to comply with certain Housing and Fire Code Regulations. APYF'ARAIv CE: Mr. Rayms�nd Stensgard, AFpellan.t. ' 8/28/73 - Meeting Na.9: ' y , Cassette Tape No. 105 Page S ��ti��L� PROCEEDINGS: Mr. Stensgard stated he would like to have 60 days, if possible, in order to comply with the specified code regulations. P�Ir. Stensgard said the complaint stemmed from the people living upstairs. In the complaint report request was made "to reduce the number of occupants." rir. Stensgard wanted to know when he would have to give notice to tenants living upstairs who have three children. Board members said they did not know of any such renting restriction. Alice Bijjani, of the Housing Code Division, explained the two bedrooms up- stairs were only 9 ft. x 7 ft. , which dimensions were below the minimum standard. However, the situation was not too great a problem and could be worked out through re-arrangement. In answer to Chairman Wozniak's question as to whether he would like to have the tenants remain, Mr. Stensgard stated he would like to keep them. They were looking for a home to buy but at the present time they did not have any, and now they were worried about not having any place to move, and that it was difficult to rent a place with three small children. Chairman Wozniak recommended a 60-day Extension of Time to make the specified repairs, with Housing Division reinspection at the end of that time. If, in fact, the inspection was correct, the case need not be rescheduled for the November meeting. Mr. Grove, Board member, moved that the Waiver be granted for a period of 60 days as stated with reinspection. Motion was seconded by Mr. Voight. The notion was carried and so ordered. TH� VOTE: Ayesc Wozniak, Grove, Kamin, So�erdorf, Peake, and Voight. , Nayes: None. Abstentions: None. Motion carxied 6 to 0. ------------------------------------------------------------------------------- 54-73-H 506-508 Hopkins Robert M. Shimek SUBJECT• Request Waiver of certain Housing Code regulations because of financial hardship. APPEARANCE: Mr. and Mrs. Roger M. Shimek PROCEEDINGS: Chairman Wozniak stated that the Board had received many comglaints on the Shimek property. Chairman Wozniak cited a copy or a letter to Councilman Victor Te�esco written by a Mrs. Fve Brown. Chairman Wozniak asked Mr. Shir�ek if Mrs. Brown was one of his tenants. Mr. ShiLnek said Mrs. Brown had been a tenant at one time , - 8/28/73 - Meeting No. 93 � � Cassette Tape No. 105 Page 6 PROCEEDINGS: (Continued) l and that she had aroused all of his neighbors. Mr. Shimek said he could fix certain code items himself but would not be able to complete the necessary wiring and plumbing work in 30 days and that he needed more time. In reply to Chairman Wozniak's question, Mr. Shimek stated that he had bought the property about a year ago under a contract for deed from the DeLisle Real Estate Company, Inc. , and had 8% heavy interest payments to make, after a down- payment of $3,000. He had bought the property for $24,900. Chairman Wozniak commented that the question for Mr. Shimek became one as to whether or not, in fact, it was economically feasible to proceed to ma.ke some of these repairs. "It may prove necessary to do some of these repairs while other wark may possibly be waived." However, with a 4-unit building it was imperative that the required electrical work be done as presently there was a hazard. Chairman Wozniak pointed out that the Board was always especially concerned that all electrical items, such as adequate wiring and proper number of outlets, etc. , provide safe service, and as a pri.n�iple, the Board never waived such code requirer�ents. Chairman Wozniak directed Mr. Shimek to discuss the matter with Mr. Frank Staffenson, Supervisor of Housing Code Enforcenent, and go over the list of code items, citing which work already has been done, and perhaps some of the other items could possibly be waived. Chairman Wozniak then suggested to Mr. Shimek that he take the list of code ' items cited in violation to the DeLisle Real Estate Company and tell them that he had appeared before the S�. Paul Board of Appeals and Review, of which i�ir. Wozniak was Chairman, aad have the Company telephone Mr. Wozniak regarding this matter. If Mr. Shimek should drop this property and let it go back to the DeLisle Real Estate Company, then the St. Paul Board of Appeals and Review would demand that alI itens cited in violation of the Eousing and Fire Codes be brought into compliance with no waivers granted unless a readjustment, maybe, could be made on the basis of the payments. If the DeLisle Real Estate Company consulted with Chairman Wozniak and perhaps an arrangement could be made such as a dif- ferent type of payment �chedule, and if Mr. Staffenson would be able to find some areas which possibly could be waived, Mr. Shimek would be better able "to see where he was going." rir. Kamin, Board member, suggested that after Mr. Shimek consulted with Mr. Frank Staffensan as to the work required, rlr. Shimek should obtain a bid on the required work; then, find out how much his monthly payments would be an that kind o� improvement. He should then ask the DeLisle Company if they would re- duce the payments so that Mr.. Shi_mek could have some of this work done. Chairman TJozniak commented that a r.eduction would not;hzlp �.n the purchase price bu= would help to make the paynents on those items which were necessary to be done and that then Mr. Shimek "c�ould have a piece of property that met the code require- n�en`s atid cou13 rent as part of the rental income," �a�. K�.n:in stated that by impr�ving the property in which the DeLisle Comp3ny had an interest, it would be an advantage to the DeLisle Real Estate Company to have this wcrk done and to reduce the payments sa that Mr. Shimek could afford to make these improvements; it would protect both parties' invest�ents. + - 8/28/73 - Meeting No_ 9: � Cassette Tape No. 105 Page 7 ��d�N � !r �r�',�� f PROCEEDINGS: (Continued) Chairman Wozniak moved that the case be continued until the meeting of the second Tuesday in October. The motion was seconded by Mr. Kamin. Motion �vas carried and so ordered. THF VOTE• Ayes: Wozniak, Kamin, Grove, So�erdorf, Peake, Voight. � idayes: None. Abstentions: None. Motion carried 6 to 0. ------------------------------------------------------------------------------- 55-73-F 4 Crocus Hill Stepl�en Tanner for Crocus Hill School SUBJECT: Request for temporary use of second floor for a period of 60/90 days until new facility would be ready. APPr�ARANCE: F Stephen Tanner, Appellant PROCEEDINGS: Mr. Tanner stated he was requesting a temporary use of second floor of. the school � for 60 to 90 days until their new facility at the Summit School was ready for operation. Certain improvements had to be made; such as a 3rd exit, plumbing, plastering, painting and masonry work yet to be done. � After a brief ciiscu�sion regarding the school, Chairman Wozniak moved that the Board grant an extention for Mr. Tanner to operate the present school until Decem- ber Ist, 1973. The motion was seconded. Nir. Norrgran, Assistant Fire Marshall, said he would like to state the Fire De- partment's position, that they were against the Waiver. Mr. Norrgran said that the matter had been discussed previously when Mr. Tanner telephoned the Fire Department and spoke to the Fire Ma.rshal. Chairman Wozniak asked Mr. Norrgran if he had any suggestion to offer in relation to some factor that would be of some help, that would not create an extreme financial obligation during the three mon:ths that the present school would be in ogeration until moving into the Suuanit School. Mr. Norrgran replied that he hac no suggestion to make. Mrs. Sommerdorf asked Mr. Tanner what the passibility was for moving into the Summit School before the work was completed there--would the nature af the work permit such occupancy? Mr. Tanner rep.lied that there woul.d be too much construction noise, such as with jackttammers and the like, and ' ' that it would be too difficult to opera�'e a school under these circumstances. . 8/28/73 - Meeting No. g? � � Page 8 Cassette Tape No. IQ5 � PROCEEDINGS: (Continued) Chairman Woznialc then stated that he hoped Mr. Tanner would in view of the correct position of the Fire Department in relation to their duties and obligations, and the Board's position in attempting to help him out of a particularly bad situation, that he would exercise some extraordinary measure that he had not tried before to make certain no accidents would happen. Mr. Tanner reassured the Board that he would do so and added that no accidents had occurred in their fifteen years of operation. Chairman Wozniak pointed out the necessity for preventing "a first time." Since the Board members offered no further discussion on t.he question, Chairman Wozniak called for a vote. The motion was carried. THE VOTE• Ayes: Wozniak, Kamin, Sommerderf, Voight and Peake. Nayes: Mr. Grove. Abstentions: None. Motian was carried 5 to 1. Chairman Wozniak thea directed Mr. Tanner to send written notification to the Board as to when he was taking occupancy of the new Summa,t School. ' ------------------------------------------------------------------------------------- 53-73-F 341 So. Hamline Ave. The Children's Montessori School by Steven J. Kluz, President SL�EJECT: Reques*_ Vaxiance from certain Fire Code Regulations. APPE��KA.NCE• ` Mr. Robert Peterson, Treasurer of the School, in lieu of Mr. Kluz. YROCFEDINGS• rir. Robert Peterson stated he was representing the School for Mr. KZuz and was requesting a variance from the Fire Code Regulations. He had brought some pict�ires of the school to show the Board members that "it was a fine brick b�si?ding". In response to Chairman Wozniak's question as to who was running ttie scnool„ Mr. Peterson stated that it was a non-profit organization. Crficers were: President, Stephen J. K1uz; Vice-President, Ann Gigrich; Treasurer, Robert Peterson; Secretary, Pr�yllis Ilalentine. 14r. �Zorrgran, Assi.stant Fire Marshai, said that the school. people had requested app�oval iaithout corsplying with the Fire Code Regulations. Mr. Norrgran said that the Fire Department stated their obiections and wished to go on record as - �z!�h. s � . . 8/28/73 Meeting No/ 93 . Cassette Tape No. 105 Page 9 �� In answer to Chairman Wozniak's question as to the age of the building, Mr. ` ` � Peterson said that the building was probably about twelve years old and was essentially a church, and that the school building was attached to the church. The church building had an opening or exit at the back of its building which was on the same level as the school classrooms and was considered to be the first floor. The Church had agreed to Zeave that exit door open. The ground floor was used largely for church activities. In reply to Chairman Wozniak's question, Mr. Norrgran stated that the only question involved here was the school's using two floors. Mr. Norrgran stated that it was a suitable building for the type of activity "that they have in there" but if this activity were on the second floor the Fire Code Regulation states that such use must be on the first floor for the safety of school children. The Fire Department did not want to make an administrative decision in this particular case and asked that the Appeals Board make this decision. Mr. Norrgran said that it was a good building; the exits were good; it was a recently built new building, well maintained, had good housekeeping; had a Certificate of Occupancy from the Building Department; electrical wiring and other factors were good.._ "But the Code says No." There was some further discussion regarding the number of school children per morning and afternoon session, the number of teachers on the staff, and the fact that fire drills were held regularly where children were taught how to respond. Mrs. Peake expressed concern,as well, regarding other nursery schools usi:ng school basements. ;" Mr. Sommerdorf then moved that a permanent Waiver be granted for use of the second floor. The motion was seconded. Motion caas carried. THE VOTE: Ayes: Wozniak, Sommerdorf, Kamin, Grove, Peake and Voight. Nayes: None. � Abstentions: None. Motion was carried 6 to 0. -------------------------------------------------------------------------------- Chair.man Wozniak brought to the Board°s attention a request by John P. Brown who wanted to listen to the tape regarding the minutes of his appeal before the Board on 3/27/73 inasmuch as he was going to appear before the City Council re- garding the razing of his building. The Board stated they had no objection a.nd approved Mr. Brown's request to listen to the specified tape. Chaizman Wozniak. stated if the Board did not have enough cases in Septetnber, the second ruesday, he suggested that the Board's next meeting be postponed until the secand Tuesday in October to which the Board members agreed. Pieeting was adjourned at 3:35 p.m. June I2, I973 F . . , Meeting ilo. 9i NOTICL OF MEEIING ST. PAUL BO��D OF ApPEALS ��C?, r. � Date: Tuesday, June 12, 1973 Place: Room 3�6 City Hall & Courthouse, 15 W. Kellogo Blvd. Tine: 1:30 P.M. A G E N D A l. riinutes of May 22, 1g73 neeting 2. Hearings 3. Letter of reassig�ment of riichael Sirian aad introductian to Miss Doris Getsng Case No._ Pro�erty --�---�- �p�— ellaa� Time 45-73-B 435 S. McKnight Rd. James & Judith Pekarek I :3Q Waiver to add er_closed porc�: area. 4b-73-B 1400 Edgcnsbe Rd. Steve Kroiss Constr. Co. I:4Q Waiv�r to add family room, on aain flnor; 2 beelraoas �ri bas��g�, with add�tiona� stairway and entrance to exterior. 31-73-H 401 Lafond Cairl � Tietz 1:50 Lawrenr_e H. Pieper . s� Hugh P. Markley ApP23Z of certain �lu�bing and eiectricai z�ens - lai� o�Ter frc� April 17 and May 8, 1973 42-73-H 1977 rlarshall Ave, Gordon R. S�ruck 2:OQ Rec.onsideratzon of Dr. Struck's appeal, Juz� ?5 , Z57� �� /��r1sEG 1`:�eti�� i•:� . 17 � � 1\Ol TI,Lr.. 07' _�_T;�'^T�r� � . . 1 .i.1 i:'rl7 ST. P.=IUL BO'1°D OF �,PPE�LS � Date: Tu�sc�,r, Ju�!z 26 , 1973 Place: Room 356 Ci�y Hall 4 Court House, IS ��i. �:ellog; 3lvd_ '_ Time: I. 30 p .�. _ � A G E �T D � - . 1. Niinutes oi June 12, 1973, '�eetiZo _ 2 . Hearinos Case No. Pro��v Appell�n� T;r.:e � 31-73-H 40I Lafor.d �vz . Caixl � Tie�z . 1:4p' p-n. _ � La�Jrence H. Fie�er 1 . � L\� . � - � . Hua� P. ivIarklAy � - Prior �iearina - 6/I2/73 - Co�tinuan.ce oi a� ap��al oi . - cer�air? plurr,bi�g and electrical iter�s - Iaid o:rer fren - A�z'?1 17 an� i=lay 8 , I973. . . 48-73-F l05 Co�r�o !�v�. U�it, Inc. 1_ �Q p_�;,_ , (Como �ve. Ctr. ) By � � P.aymond P. �arrell . Reques� extensio� of ti;�e because oz Iac�: of fur.3s re- ; - � _ oardi:j i�:s�allation of iire alarm syste;� and c�r�ain electrical and housir_g code ite�:,s�. � _ - 49-73-r 225 S. C1ev�la�d Hibhl�n� Park 2 _ C�G p_�t_ P-lontessori School By John F . I��er;?eyer - . Request relie= fro� ca:��lyin; r;ith certain fire code � Z'2aLt�2.�10:15 _ - - � �•� " !.3^�I r3 �� !'ifCflla7 l��. t"1rS. �lt.�aarlr�irs��rirvc� �'. r��•/f'� �.: l� y�•9i9. .. . ' ��y°S7' ,�or CX7'r»3i.as. °T ��+^_ �� a�.,?t�� k�r�.� ." liLr :nn �3O'� .''s'�s./�a.rio� rr��.b�i� �x�r�-.�r � ��sr..,� - ! ,¢",�'�i7' �'��,�r,►i�i�, ��m�.� R � .. . August 28, 1973 rieeting No. 93 NOTICE OF MEETING �� ( ST. PAUL BOARD OF APPEALS AND REVIEW � � DATE: Tuesday, August 28, 1973 PLACE: Room 356 City Hall & Court House, 15 W. Kellogg Blvd. TIME: I:30 p.m. A G E N D A 1. Minutes of June 26, 1973, Meeting 2. Hearings Case No. Property Appellant Time 50-73-H 896 Lincoln Ave. Mrs. Michael Kelly 1:40 p.m. (Genevieve C.) Prior Hearing - 6/2b/73 - Continuance of an appeal for an extension of time (or waiver) for compliance regarding � exterior lead paint; subject to Attorney's Report re- � garding Contractor's obligation. 48-73-F 165 Como Ave. ' Unit, Inc. 1:50 p.m. (Como Ave. Ctr.) By Raymond P. Farrell Prior Hearing - 6/26/73 - Continuance of an appeal for extension of time for compliance; subject to Report from Ramsey County Welfare Department. 51-73-R 85 B Street Sally Anderberg 2:00 p.m. � Request Waiver regarding city sewer and water hook-up. 52-73-H 503 E. Belvidere Raymond Stensgard 2:10 p.m. Request Extension of Time to comply with Housing and Fire Code Regulations. 53-73-� 341 So. Hamline Ave. The Children's 2:20 p•m. Montessori School By Steven J. Kluz, Pres. � Request Variance from certain Fire Code Regulations. ' . 54-73-A 506/508 Hopkins St. Roger M. Shimek 2:30 p.m. Request Waiver of certain Housing Code Regulations because of financial hardship.