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254382 � 2���82 ORIGINAL TO CITY CL6RK • CITY OF ST. PAUL �o�Nci� NO. ' OFFICE OF THE CITY CLERK CO CIL RESOLUTION—GENERAL FORM PRESENTED BY �p COMMISSIONE • ��_'" ATF RE50LVED, That the Council hereby ratities 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 properties and as shown by the official. minutes of said Board of Appeals dated May 12, 1971, a copy of which, marked EXHIBIT "A" is attached hereto and made a part hereof by reference: Case No. Prop_erty Appellant� 28-71-B� 651-655 Portl.and AveJ A.W.R. Investment Co. by Arthur Raichle. �-71-H � 212 East Morton 5t� James F. Mohr & Inez R. Mohr by James F. Mohr. � ., 0 U C . O . ., � � b O � 0 � +� N L^ � JUN 41971 COUNCILMEN Adopted by the Council 19—. Yeas Nays �rtiEr Carlson Ap ed �N � �7�19— Levine n Favor Meredith a Maqor �nra.flra ,� A gAlI18t Tedesco Mr. President, McCarty " PUBLLSHED�U� 1 2, �9T� �� ; s�12��1 Meetinq No. 51 , �.,���� � � �� ��"� MINUTES OF THF ME�TIPIG SAINT PAUL BOAP,D OF APPEALS Wednesday, May 12 , 1971 Room 210 , Bureau of Health, 555 Cedar St. - 1 : 30 p.m. Members present: D. Donald Wozniak, Chairman Raymond Grove Mitchell Kamin Estyr Peake Norma Sommerdorf Arthur Tieso Members absent: James Voigt Others present: Frank Staffenson, Don Miller, Dr. Paul Cox, Ron Stone, Jerry Kern, Dan Norrgran, Pierre Regnier, Thomas Anderson , Jim Johnson, Gordon Struck , Robert Shea, James Mohr, Janet Morris , Mr. & Mrs . Robert Horeish, Ray Keller, �rthur Raichle. The minutes of the meeting of April 28, 1971 , were approved as mailed. 87-70-H 588 Grand Ave. David K. Coster Mr. Staffenson reported that the improvements necessary as con- ditions for continued occupancy of the third floor dwelling unit have not been made as was diracted. He showed pictures of the newly constructed fire escape which still had no treads and of the window exiting from the third floor which still had not been converted to a door. ACTION: Moved by Wozniak that the Bureau of Health proceed to placard the third floor dwelling unit. Seconded by Tieso. THE VOTE : Ayes : Wozniak , Peake , Sommerdorf , Tieso. Nayes : none . Abstentions : none. D�otion carried four (4) to zero (0) . Mitchell Kamin arrived. EXHIBIT "A" : 5/12/71 M�eting No. 51 25-71-H 1977 P�Zarshall Ave . Gordon R. atruck ��.�.. ____ �--. � Robert Shea SUBJECT: Notice of Condemnation and Order to Vacate dated April 2 , 1971, from the St. Paul IIureau of Health to Dr. Gordnn Struck , 441 Lynnhurst West, relative to the property located at 1977 Marshall Ave . APPEARANCES : Dr. Gordon R. Struck, Robert Shea. PROCEEDINGS : Mr. Wozniak turned the chair over to Mr. Tiesa for this case and did not participate as an active member. Mr. Staffenson stated that the property was placarded on April 2 , 1971 primarily because of illegal occupancy of the third floor and basement units . A tag was issued in September, 1970 and paid. He stated the code deficiencies could be avoided if Mr . Struck would request a boarding house license . Mr. Regnier wrote a letter to Robert Shea on April 12 , 1971 , stating that the City 's actions had been done properly. . . Mr. Shea said the alleged violations form the basis for condemnation and the basis for the appearance of and his client before the board. Mr. Shea introduced a "Memorandum of Counsel for Appellant" dated May 11, 1971. He verbally summarized its contents which included an introduction, the history of the building , the history of correspondence with and actions by City agencies , those partions of the St. Paul Legislative Code relative to pre-existing dwellings , the respects in which the basement occupancy is con- sidered a cellar, the various enforcement procedures availabl� t� City agencies , the fiscal status of the property , the condemnation remedial cost, relevant portions of the Minnesota State Fiousing Act, and summary considerations. Ray Grove arrived. Mr. Shea submitted a statement of the tenants that the groperty is neither unfit for human habitation, dangerous nor hazardous . He said the appellant proposes that the board consider the fol- lowing proposal for settlement : l. That the third floor and basement occupancies be determined lawful and in compliance . 2 . That the addition of facilities be left to the discretion of the appellant. 3. That one year be granted to restructure the basement apartment, install an outside door to the basement apartment and to make other improvements . - 2 - � 5/12/71 Meeting No. 5� 4 . That the "Notice of Condemnation" and placard be removed. 5 . That the tenants be advised that no harmful conditions exist. 6 . That the appellant submit to the board, a list of improvements to the property at the end of one year. Mr. Stone suggested that the appellant apply for a Certif.icate of Occupancy in order that a full and complete inspection of the building can be obtained. ACTION: Moved by Tieso that the placard be removed, the vacation date be extended to June 1 , 1971� and the matter be reheard on May 26 , 1971. Seconded by Sommerdorf. THE VOTE: Ayes : Tieso, Peake , 5ommerdorf. Nayes : Kamin. Abstentions : Grove. Motion carried three (3) to one (1) with one (1) abstention. 29-71-H 212 East Morton St. James F. and Inez R. Mohr � James F. Mohr SUBJECT: Letter dated December 7 , 1970, from the Bureau of Health to James Mohr, 1712 Wellesley, indicating Housing Code deficiencies found at 212 East Morton during a survey of the property on November 24 , 1971. APPEARANCES : James F. Mohr. PROCEEDINGS : Mr. Mohr stated that all the work has been done except for the electrical work which would entail a complete rewiring and would cost approximately $926 . The house is pre- � sently for sale and must be up to code before being sold under either FHA or G.I . financing. Mr. Mohr was advised to contact the City Building Department to get advice as to the minimum amount of work which would have to be accomplished and would still be acceptable . ACTION: Moved by Tieso to extend the matter for thirty days . Seconded by Kamin. THE VOTE: Ayes : Wozniak, Grove, Kamin, Peake , Sommerdorf, Tieso. Nayes : none . Abstentions : none. Motion carried six (6 ) to zero (0) . - 3 - � � ; �/ia�7i Me�tinq No. 51 30-71=P 1137 Edc�erton St. Janet F. Mo.rris SUBJECT: Letter dated September 29 , 1970� from the Phalen 11r�a Neighborhood Improvement Program to Janet Morris , 1137 Edgerton St. , indicating code deficiencies on the property at 1137 Edgerton Jt. APPEARANCES : Janet E. Morris . PROCEEDINGS : Mrs . Morris explained that she purchased the home on contxact for deed two years ago for $17 ,900 , with $550 down. She receives an ADC grant of $520 per month. The monthly house payment is $170 . Welfare allows $130 towards the house; she makes up the difference . Even though she is eligible for a grant to do certain repairs , the Welfare Department will not make up the difference which amounts to about $3 ,000 - $4 ,000 to rehabilitate the home . Presently the bathroom facilities are not functionin� properly. She cannot get a Section 235 loan because she is not yet divorced nor can she be relocated under Section 235 . ACTION: The board unanimously agreed to lay the matter over until the June 9 , 1971�meeting. The board further requested that the Building Department inspect the structure. 31-71-P 763 East Jessamine Av�. Mrs . Delores M. Iiorc�ish SUBJrCT: Letter dated March 23 , 1971, from the Phalen l�rea Neiqhbor- hood Improvement Program to Mrs . Robert Horeish, 2688 North lst St. , Minneapolis , indicating code deficiencies on the prop�rty at 763 Jessamine Ave. APPEARANCES: Mrs . Delores M. Horeish. PROCEEDINGS : Mrs . Horeish explained that all code deficiencies ��re in the process of being corrected except for installation of a wash basin in the second floor bathroom which would cost $1, 128 to install . That is what she is appealing. She is attempting to sell the home . ACTION: Moved by Wozniak to waive Section 54. 11 paragraph 2 of the St. Paul Legislative Code necessitating installation of a wash basin in the second floor bathroom. Seconded by Tieso. THE VOTE: Ayes : Wozniak , Grove , Kamin , Peake , Sommerdorf , Tieso. Nayes : none . Abstentions : none. Motion carried six (6) to zc�ro (0) . - 4 - . 5/12/71 , Meetin� PJo. 5]. 27-71-13 1712 Randolph Ave. St Paul Academy/Summit Sc�ioo,�', LJPper Scho�l � Samuel B. Dickinson SUBJECT : Letter dated March 16 , 1971 , to Wold & Associat�s Inc. , 800 Osborn Buil�ling , indicatinq that the corridor walls in rooms 126 , 133, 218 and 221 are not protected by a one hour fire resistive construction as required by code . APPEARANCES : Ray Keller for Samuel B. Dickinson PROCEEDIPdGSs Mr. Keller explained that the rooms in question have smoke detectors in them. The building has been occupied since January, 1971. There are two alternatives by v�hich to comply; install wire glass in the display cases or else provide 1-3/4" louvered doors . . . . Dan Norrgran said there havc� been 30 school fires since the first of the year. The purpose of the one hour fire rating protection is to confine any fire to a particular area and prevent spreading. ACTION : Moved by Peake to deny the appeal . Seconded by Tieso. THE VOTE : Ayes : Wozniak , Grove , Kamin, Peake , Sommerdorf, Tieso. Nayes : none . 1lbstentions : none . Motion carried six (Ei) to zero (0) . 28-71-B 651-655 Portland Ave . A.W. R. :L�vestment Co. _ _..... � Arthur Raichle SUBJECT: Letter dated December 18 , 1971� to Award Homes , Inc. , 221 Grand Ave. indicating code deficiencies necessary to eorrect before a Certificate of Occupancy may be issued for the 18 unit apartment at 651-655 Portland Ave. APPEARArdC�S : Arthur Raichle PROCEEDINGS : Mr. Raichle explained that he intends to make all improvements necessary to obtain a Certificate of OccuPancy but that he is requesting a variance from the requirement that a second means of egress be provided for apartment #14 . There is no feasible way to provide such a means of egress . ACTION: Moved by Wozniak that the requirement of Section 11-322 of the Life Safety Code, adopted by the City of St. Paul by reference, that at least two separate exits be provided for every living unit be waived for apartment unit #14 and that a Cer.tif.icate of Occupancy be issued upon correction of all other Buildiny Code deficiencies . - 5 - ; 5/12/71. ' Meetinc� No. 51 Seconded by Grove . THE VOTE: Ayes : Wozniak , Grove, Kamin, Peake, Sommerdorf , Tieso. Nayes : none. Abstentions : none . Motion carried six (6) to zero (0) . 32-71-B 330 West Minnehaha Ave. LeR�T. Pawers SUBJECT: Notice dated May 6 , 1971� from the Bureau of Public Buildings to Mr. LeRoy Powers , 330 Minnehaha Ave. indicating that the proposed plan for construction of an attached aarage at 330 Minnehaha Ave. is in violation of Section 33. 04 para- graph 2 of the St. Paul Legislative Code which requires a minimum rear yard of 25 ' behind the main portion of the buildinq . APPEARANCES: LeRoy T. Powers PROCEEDINGS : Mr. Powers presented a layout of the property showing present construction and proposed construction. Mr. Stone said that the proposed construction wouZd probably comply with c�ensity requirements . ACTION: Moved by Wozniak to waive the requirement of Section 33 .04 paragraph 2 of the St. Paul Legislative Code necessitating a minimum rear yard distance of 25 ' behind every dwelling in order to permit construction of an attached garage of frame and masonry to within 2 ' of the rear yard property line as proposed. Seconded by Sommerdorf. THE VOTE: Ayes : Wozniak, Grove, Kamin, Peake, Sommerdorf, Tieso. Nayes : none . Abstentions : none . Motion carried six (6) to zero (0) . Meeting adjourned at 3 :55 p.m. �.�.�....... �✓ Y-- Thomas W. Anderson Recordinq Secretary _ 6 _ -�� ���.,�,�,��R,� 25�382 cmr oF s�. Pau� �,p�� No • OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM ��� COMMISSIONER sA*� RE30LVED, That the Council heraby ratifies and approv�� th� action of the Saint Paul Board of Appeals and Review tor the Housinq, Buildinq and Fire Prev�ntion Code� pertaining to the fol�wing liated properties and as ahrnm by the 6fficia�l minutes of �aid Board of Appeals dated May 12, 1971, a copy Of wh1Ch� markad EXHIBIT "A" j.s attaah�d hereto �lnd msde a part hereof by referencea Case No. Property Appellant 28-71-B 651-655 Portland Ave. A.W.R. Investment Co. . by Arthur Raichle 29-71-H 212 Saat Morton St. James F. Mohr & inea R. Mohr by Jamea F. Mohr J�N 41911 COUNCII.MEN Adopted by the Co�incil 18_ Yeas Nays B'u�'Ier Car�son A�rov� JU a 7 �97� 19_ ��e v Tn Favor Meredith �— � �gainat Tedeaco Mr. President, McCarty ��