260379 WHI7E - CITY CLERK COI1T1C11 �l�• �lJ
PINK - FINANCE ,('��.y(�
CANARYq- DEPARTMENT GITY OF SAINT .PAITL 2 � y /=/
� BLUE = MAYOR File NO. " ' "P • �+
- .. . ' 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 Prev�ention Codes pertaining to the follow-
ing listed property and as shown by the official minutes of said
Boaxd of Appeals, dated November 22, 1972, a capy of which, ma,rked
"EXHIBIT A" is attaehed hereto and made a part hereof by reference:
Case No. Propert�r APpella.nt
85-72-P 419 Chaxles Fiarvey Ma.nke
bY
Elm�er Olson
88-72-B 1355 Barclay Street Dona,ld Falzone
89-72-B 1691 Kasota Malan Construction Co.
bY
Bob Capeland
COUNCILMEN Requested by Department of:
Yeas Nays
Hun t
Konopatzki In Favor
Levine , /
Meredith V Against BY
Sprafka
Tedesco
Mme.President Butler pEC a 6 19T.8
Form rove y Ci ey
Adopted by Council: Date `
Cer ie P sed by C ry BY
By
Approv y Ma r: ate Approved or Submission to Council
By BY
���csf+� DEC 3 01972 �
_ t l�
+ " ��""` 11/22�72
� �� . Meet i n� I�o. 82
MINUTES OF THE MEETIiVG
Sl. r'�a:1L �A� OF H�'Y�i�:�
������
Wednesday, November 22, 1972
Room 210, Bureau of Health, 555 Cedar Street
Members Present: Donald Wozniak
Ra.ymond Grove
Mitchell Kamin
Estyr Peake
Arthur Tieso
Jaao,es Voigt
Members Absent: Norma Sommerdorf
Agencies Present: Building Department: Sam Blue, P`rank Staffenson
Fire Preventian Bureau: Mr. Shimek
Others Present: Shirley Leona.rd, Hyam Segell, Elmer Olson, Mary Osiki,
Robert �ckerrr�ann, Dc�n:�1d Fa��c�r���, ::nt;nor�y Dann�.,
Bob Co�eland, Robert B. McCartl�y, Steve Gazinski,
Steve Ikeda
73-72-P 202 Sherburne Shirley Leonard
SUBJECT
Continued from November 8, 1972 Boa,rd meeting. At that time, the Board
requested that Mr. �ya.m Segell secure estima,tes for the installation of
proper heating and electrical facilities at the above-described address.
APPEARANCES
Shirley Leonard, �yam Segell
PROCEEDINGS
Mr. Segell has secured the estimates as requested. Since there is no
possible wa.y to physically locate a furnace in the basement, the estimate
calls for locating a new heating system in the attic, thus eliminating
all space heaters on the second floor. Mr. Segell said that both heating
and electrical repairs wauld cammence within two weeks. Mr. Segell was
informed that the appeal only concerns items listed in a letter f"rom the
Fire Department to Mrs. Leonard, da.ted September 18, 1972. That letter
requires: (1) the praper location of space heaters in ha.11ways, (2)
.
� � re�►pval of impro�per heating units in sZeeping roo�ns, (3) that no exit-way
path of trav+el be thro�ugh another room or apartment, (4) enclosure of
staiz'way to second floor, (5) installation of fire alarm system, and (6)
installation of praper electrical system. Mr. Sege11 will ca�mence work
to complete riumbers 1, 2 and 6 within three w�eeks. In the matter of the
exit-way, Mr. Segel� wii_ ,�:��f: with ?'x " -^'-.-� the prob�em of
No. 4. Mr. Segell will ha.ve a reasonable 1er�tc� ul t.�; to c,on��ete all
other items. Reinspection will be ma.de on March 4, 1972. Mr. Segell
stated he would elimina.te the hot water heater which is located in a
sleeping room. A conditiona.l Rooming and Boardir� License snould be issued
contingent upon completion of the above-described items.
ACTION
Continued until first meeting in tda,rch, 1g73. At that time, a reinspection
report will be presented to the Boaxd as to the progress made in t,he
abatement of all requested viola.tions.
85-72-P �+19 Chaxles Harvey ifianke
by
' Elmer Olson
SUBJ�CT
The appel.lant is now being cared for in a riursing home. By giving the
�wn�r a grant t,o aa .�ome i+ems, in.^_luc�i �� �.�lrl�t.ion �f batnroom facilities
on �he first floor, the property wi1l. be rena.bi�.y���.�a sufficiently so
that Mr. Ma.nke maY again r�side at the hom�e.
ApP:�RANCES
E3.me?' Olso[1� MaZ",� Osi.ki
pROCr�EDINGS
'I'he applicants stated that Mr. Mar1�e cannot live in his home because there
is no bathroom facility on the first floor. Ra.mssy County Welfare is now
taking care of hi.m at a cost of $5d4 a month. The house is in the approved
plan for the Jackson School expansion. It would cost approximately $7.3��o
to bring the home up to code under the terms and conditions of the grant.
Only $3,5� is available for the renovation -- enough, however; to bring
the ho�e into adequate compliance for Mr. Ma.nke• Electrical wiring and
some plumbing facilities will be renovated.
ACTION
Niotion by Wozniak to grant a waiver of �.11 items listed in the appeal until
transfer of title. Seconded by Tieso.
THE VOTE
Ayes: Wozniak, Grove, Kamin, Peake, Tieso, Voigt. Nayes: norie.
Abstentions: none. Motion carried six (6) to zero (0).
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' DISCUSSION
Mr. Staffenson ha.d no record of ar�y inspection done on the above-described
pro�perty, This inspection was done prior to such time that all inspectioa
reports were ha.ndled thro�L_.h t'��e L�zi 1�:��� '�:��,,-��"����''?; oi fices. Moti�r �ras
made by Mr. Grove tha.t Mr. Blue and Mr. �taf'f'en�oT; cc�pose a le�tr, co KRA
requesting that capies of all inspections done within NDP a.reas be forwarded
to the Building Departmerit. Such a letter will go aut over the Board's
signature. Seconded by Grove.
THE VOTE
Ayes• Wozniak, Grov�e, Kamin, Peake, Tieso, Voigt. Nayes: none.
Abstentions: none. Motion carried six (6) to zero (0).
Concerning the appeal to waivers of the State Building Code, Mr. Wozniak
stated that the Boa.rd would continue to heax all cases and if the State
wishes to object, let them bring it to a head. Mr. Blue stated that this
Boa,rd w�.s not set up pursuant to Chapter 2 of the Uniform Building Code.
In the matter of American National Bank, the State has requested that the
Bu�.ldin� nepartment appeal the Board's decision to the City Council. Mr.
Wozniak said tha,t at the tim�e that appeal wa.s granted, the Board warned
the appellants that the appeal wa.s granted on an individual basis, and that
futurv q,uestions concerning that cod� item should be directed to State
Buil�:zg of�'icials. Mr. Blue stated tha,t consideration has been given to
develo�p both a technical and non-tFCY!nical Bo�.rd of Appeals under City
Covernm�n#; reorgani�ation. Mr. Wozniak state�:� that the Boaxd will inform
ali a,ppellants who seek vaxiances to the State Building Code of the
pc+��ibility that if a variance is granted, such a vaxiance may not be
bindit-�g.
MOTI�I�
Mov�a bx Tieso +•o acicrpt minut�s os ;�i fw�:�er � c�r��tin� as a�ended. Seconded
by Peak�w
82_72_g 1978 Co�o Avemie Robert Huemoeller
by
Cha,rles Knudsen
Stricken f'rom the agenda per request by applicarrt.
8�+-72-B 5� E• ��h Street First Federal Savings & Loe.n
by
Robert Ackermann
SUBJECP
Appeal concerns occupant load and glass in corridor walls. In a letter
dated October 17, 1972, Glenn Erickson informed Mr. Robert F. Ackermann
_�_
�
� � that in his opinion, occupancy is taken from Table 33-A of the Uniform
Building Code, which indicates 100 square feet per occupant. For that
reason, a corridor must be developed with a fire rating of one hour.
Praposed construction calls for installation of glass as opposed to
required materials.
APPEARANCES
Robert Ackermann, Robert B. McCarthy
PROCEEDINGS
Mr. Ackerma.nn stated that his office has just moved into the fourth floor
of the First Federal. Buildin�. He ha.s six employees. He doesn't feel
that his office is in violation of code. This building has been under
construction for two yeaxs. At this point, they are trying to reproduce
what has aZreac�y been done on the first and second floors. Table 33-A
of the Uniform Buiiding Code requires that all offices have an occupant
load of 100 square feet per person. Based on density projections, Mr.
Ackermann feels that f'loor occupancy will not exceed 34 persons or 200
square feet per person. Thus, he does not see a violation. Mr. Blue
stated that under Section 3304, he sees no mention of peaple. Mr.
Ackermann statecZ tha.t in 3304-G it says you can have walls one haur
rating or less if yau hav� less than 30 people. Even thc�ugh there exists
the� footage, as described, this axea will not be occupied to the fti1.Z
exte�t. If a lot of secretaries were jammed in, there Could be a potential
v3ola.t�on. Permi.t wa,s issued on March 3, 1970. Those plans indicated
installation of glass as described. r'�~. "•.�k��r�a.nn requested an interpreta-
+ian from the State of the applicablP code. Their answer indicated that
r,,r.�u�ant load shr�.11 be determined by the number of squaxe feet per occupant,
as indicated in Mr. Erickson's interpretation. Mr. Blue stated that the
buildiz� wa.s buil�: with an open floor, thu� requirements ha.ve changed since
the pl�ns were approved.
Th� ap�eil.ant �ta�ed th�1; r�e is nqt an�y concer.ned w�th the ittunediate appeal
��at is also concErn�d with fliti:se cc�r�stru�c���� ot this type. �'�r�niak
stated t?�.at if a waiver w�ere granted, it should be made subject to eount.
I�+Ir. A1ue stated that such a waiver would requi.re a regular check by the
Building Departm�nt. The chairma,n si;ated that the consensus of the Bo�.rd
was to grant the appeal. The question then remains as to haw it should be
done. Two possible wa3rs are: (1) to grant the waiv�er, or (2) put a
limitation of occupant load based on interpretation.
ACTION
Contiriu.ed until December 13, 1972
86-72-B 1450 So. Mississippi Tomson Development Co.
by
J. T. McMannis
-�+-
• SUB3ECT
The appellant is requesting a variance of sidelot requirement f�om required
4' to 0' between three buildings, thus permitting their attached construction.
The appeal as written stat�r�s that the propc�s��? r^����� ` ' :' to permit retention
of several large trees and also to take a�lvantr�e u� s�oping pro�perty.
APPEARANCES
Several (approxi.mately 20) neighborhood representatives. The appeZlant was
not present.
PROCEEDINGS
Mr. Coa.ts stated that to consider this vaxiation would be the same as a
variance to a 20 story building. Mr. Wozniak stated that the flxnction of
this Board is to heax variances concerning the building not the zoniag
code. The praperty is zoned "A" residential, thus permitting construction
of duplex units. Mr. B1ue stated that there must be 7500 squa.re feet of
property to build a duplex. Mr. Blue stated that the 4' side-yard regulation
was a zoning code whieh happened to get locked in the building code.
AC2'ION
Motio:�► by ?�'o2niak tha.t the appeal be stricken from the record. Seconded
by Tieso,
THE V0�"E
Ayes: Wozniak, Grove, Kamia, Peake, Tiesu, Voigt. Nayes: none.
Abstenti.ons: none. Moti.on carried six (6) to zero (0).
f38-72�8 ?355 �rclay �#,r�:e:t Donald Falzone
SUBJECT
Mr. Falzone secured a permit to build a garage which is now nearly complete.
Without prior knowledge, Mr. Falzone built the gaxage 1'�+" f`ra�n side-yard
line, as opposed to 2' requirement. Mr. Falzone is requesting an 8" variance
to code requirement.
pPPEARANCES
Dona.ld Falzone
PROCEEDTNGS
The appellant wa,s not informed by the Building Department of side-yard
requirements at the time he secured the permit. Construction is now nearly
:.� complete.
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ACTION
I�tion by Tieso to grant a variance to Section 40.00-1(I) of the St. Paul
Legislativ�e Code to enable eY�stence of sa,id �a.�r,�-�� .�s rpnStY't.1CtP_a� 1`4"
fYom sid.elot line as vpposea Lo 2' requiremc:nc.
THE VOTE
Ayes: Wozniak, Grove, Kamin, Peake, Tieso, Voigt. Nayes: none.
Abstentions: none. Motion carried six (6) to zero (0).
g9_7�_B 1691 Ka.sota Malan Construction Co.
by
Bob Copeland
SUBJECT
The City issued a building permit for K-Ma.rt on October 24, 1972. After
that ti�e, the appellant was informed that the boiler r000n of that building
must be made larger to comply with the State Bui].ding Code.
APP�AF.l�TCES
Antnon��` Da.nna, Robert Co�peland, Stev� Gazinski
PROC�D:LPiGS
Mr. �anna, st�,ted that pl.ans for the proposed K-Ma.rt were c�pleted in April
and submi.tted and approved on September 19, 1972. By October 25, construction
liad b��,un. 2'he appellants feel that the room does comp�y to the codes
irtP►:t, th�,t of praviding 2�equate room far maintena,nce and replacement of
m�,e��.nerya ThP b�aild.ir�; wa; �ti�si�ncl by t?�e tF�n�.r.t. +he S. S. Kresg� Compar�y.
This pi.an ha.s prAVen to be work.�,ble in past �onstruction. Sectian 7209 of
the State Building Code states tha,t the boil�r room must be 10 times the axea
of the e�u�.pment which it is to house. The plan �pproved with the permit
provides 330 squaxe foot axea. To coauply to code, the room would have to be
620 square feet. Such an increase would result in the redesign of the entire
store. Mr. Gazinski stated tha.t if they were to comply, this wo�uld merely
a11rnr for additional storage axea, thus creatin� a fire hazaxd.
ACTION
Motion by Grove to grant the appeal to a11ow 33o S4�re foot boiler roam as
constrncted, as opposed to th� requirements of Section 7209 of the Minnesota.
State Building Code. Seconded by Peake.
THE YOTE
Ayes: Wozniak, Grove, Kamin, Peake, Tieso, Voigt. Nayes: none.
Abstecrtions: none. Motion caxried six (6) to zero (0).
r •
� � � � DISCUSSION
_ Mr. Wozni.ak stated that a letter has been drafted to inform a11 Ram.sey
County Attorneys of the City's Certificate of Occupancy program and the
availability of a free inspection of all 1 & 2 Family Dwellings at the
time of sale. Mr. jAoztiia:�c :-��r:F�:;,,� , -., .. ,� . � � uthorizinF;
the Board to send this letter. Moved by Peaite, seconded by Tieso.
I
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