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254993 OR161NAL TO CITY CLBRK 25499� . CITY OF ST. PAUL C�OE NCIL NO. OFFICE OF THE CITY CLERK • COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONE AT� RESOLVED, That the Council hereby ratifies and approves the action of the Saint Paul Board of Appeals and Review for the Housing, Building and Fire Prevention Codes pertaining to the following listed properties and as shown by the official minutes of said Board of Appeals dated June 23, 1971, a copy of which, marked EXHIBIT "A" is attached hereto and made a part hereof by reference: . Case No. Property Appellant 25-71-H 1977 Marshall Ave. Gordon R. Struck by Robert Shea 38-71-B 890 Wilson Ave. Mrs. Walter Murphy 41-71-H 725 Stryker Ave. Charles F. Bauer, Jr. [ � ;� ; � ; � !� ' .,� i _ ; .,_ Y {� ! ,� � � .. ' l�/� � ``w JUL � 1 1971 COUNCILMEN Adopted by the Counci� 19— Yeas Nays Butler p ve���� ����t�19— � � � Favor Meredith � � _ - - Sprafka Mayor A gairi8t . T-�e�ee— Mr. President, McCarty p��,� �UL� 2 4197f �� . 6/23/71 Meeting No. 54 . - 2��99� MINUTES OF THE MEETING SAINT PAUL BOARD OF APPEALS Wednesday, June 23, 1971 Room 210 , Bureau of Health, 555 Cedar St. - 1 :30 p.m. Members present: Arthur Tieso, Vice Chairman Raymond Grove . Mitchell Kamin Estyr Peake Norma Sommerdorf James Voigt Members absent: D. Donald Wozniak Agencies present: Building Department - Glenn Erickson Bureau of Health - Dr. Paul Cox - Frank Staffenson Fire Department - Dan Norrgran Corporation Counsel - Pierre Regnier Others present: Thomas Anderson, Robert Shea, Eugene Rosen- blum, Mrs . Walter Murphy, Denis Daily, Charles Bauer Jr. , Donald Wagner. The minutes of the meeting of June 9 , 1971 were approved as mailed. 25-71-H 1977 Marshall Ave. Gordon R. Struck � Robert Shea PRIOR HEARING: May 12, 1971 June 9 , 1971 SUBJECT : Notice of Condemnation as Unfit for Human Habitation and Order to Vacate dated April 2, 1971, from the St. Pau1 Bureau of Health to Dr. Gordon Struck, 441 Lynnhurst West, relative to the property located at 1977 Marshall Avenue. APPEARANCES : Robert Shea PROCEEDINGS : A letter dated June 23 , 1971 from Robert Ames , City Architect, to Dr. Gordon Struck was introduced. The letter listed items not in accordance with the St. Paul Building Code found as EXHIBIT "A° - 1 - L`'/�...�%��_�Y , Meeting I�'o. :;� a re�ult of an inspection of the building at 1977 Marshall Ave. in connection with a C�rti�icate of Occupancy for the building. Mr. 5�ea said the require�n�nts of the June 23 letter would more than double the cost to c�mrly with city codes . The total cost to comply would therefore be approximately $50 ,000 . He said this leads bar.k to the bas:�c question as to the police powers of the city and what grounds '�hey are used on. . . . Mr. Regnier sa�d it was his opinion th<a� tk�e board cannot rule on the con- stitutionaZity of the code requirements , the extent of police power o� city depar�ments on whether or not an ordinance is good. mhe board can review the f��.cts and rnodify or revoke a notice or order. Mr. Shea read and submitted copies of a motion by the appellant, a stipulation and an order. Mr. Shea stated he would reserve the right to appeal to District Court. ACTION: Motion by ^'ieso to waive the requirement of Section 54. 15 (3) of �he Saint Paul Legislative Code that no wood frame dwelling be occupied �ove tk�e seco.nd floor for living or sleepin� purposes exce�t where �he original construction provided for such ocr.upancy. Such waiver is granted to �ermit continued occupancy of the three exis�tin� apar-tment uni-�s on the third fioor. Further moved that aIl Housing Code deficiercies �temized in the Notice of Condemnation as Unfit for uvman Hab�i��.tion and the Order to Vacate dated April 2 , 1971, and all 3uilding �ode deficiencies itemized in the June 23, 1971, letter from Ro��ert Aznes , City Architect, to Robert Struck be corrected within eighteen mont:�s ; that the placard be suspended for said per�od of time �.nd tha� tne placard remain off the buildina afte� the 18-r.ionth periocl of �ime if all code violations cited are co�Yected and i� r.o �d�it�onal cocse v�olations occur. Second�d by Kamin. TH� 'VOT� : Ayes : T�eso, Grove, Kamin, Deake, Somr.�erdorf, Voigt. �;ayes : none. Abstentior..s : none. Not-or_ carried six (6) to zero (^) . ACTION: Moved by Grove t?�at the following work be completed withir_ ninety (90) days : 1. Enclose or pr�tec.t the stairways with one-hour fire rated materials in accordar.ce with Section 13.02 , par�.graphs 5 anc'�. 7 of the St. Paul Legis lative CodP. 2. Separate the fu�:tace rcom with one-hour fire resistant constructior. ir_ accordance wyth Section 4 .04 pa.ra-- gra�ah 5 of the St. �au� Leg�slat�ve Code. 3. Remove aZl com�ustib?.e ma�eria�s store�. in the fu�_nace roo*n. �urther r.loved tha` ins�a��.at�on o� a rew e'ectrical servicP of adequate size be comm�ncec� wit:hi� ninety (90) days . - 2 - • 6/23/71 Meeting No. 54 Finally moved that a temperature pressure and relief valve be in- stalled on the water heater within thirty (30) days . Seconded by Kamin. THE VOTE : Ayes : Tieso, Grove, Kamin, Peake, Sommerdorf, Voigt. Nayes : none. Abstentions : none . Motion carried six (6) to zero (0) . 31-71-H 830-832 Dayton Ave. St. Clair Investment Co. & Maurice W. Rosenblum � Gene H. Rosenblum SUBJECT : Notice of Condemnation as Unfit for Human Habitation and Order to Vacate dated June 11, 1971 , from the Bureau of Health to Maurice W. Rosenblum, 1892 Grand Avenue. APPEARANCES : Gene H. Rosenblum. PROCEEDINGS : Mr. Rosenblum said the property the Noti�e of Condemnation and Order to Vacate have been formally served but are not posted. The tenants are aware of the placard and vacate date of July 11, 1971. Eleven of the twenth-seven code deficiencies cited concern painting. Mr. Staffenson said that the peeling paint contains a dangerous percentage of lead which may be eaten by children. Six children live in dwelling unit 1, two are pre- school and one is a baby. Mr. Rosenblum said it would cost $600-700 to have the dwelling unit scraped and painted as re- quested. His client has a contrac� with the tenants by which he is required to furnish materials and the tenants do the necessary labor to keep up the units . The home is a duplex. Some of the deficiencies cited in the Notice of Condemnation have been cor- rected. Rent is $95 per month. Taxes are $55 per month, payments are over $100 per month. The home was up to code in 1966 or 1967. The tenants can't afford increased rents. Each dwelling unit contains 5 rooms and a bathroom. The tenants have found it hard to correct these deficiencies since they started working. ACTION: Motion by Sommerdorf to deny the appeal. Seconded by Peake. Ayes : Tieso, Grove, Kamin, Peake, Sommerdorf, Voigt. Nayes : none. Motion carried six (6) to �ero (0) . 38-71-B 890 Wilson Ave. Mrs . Walter Murphy SUBJECT : Verbal notice from the Building Department that her proposal to construct a car-port on the west front portion of - 3 - , 6/23/71 Meeting No. 54 the house would violate Section 33 .04-3b of the St. Paul Legis- lative Code which requires a four foot side yard. APPEARANCES : Mrs . Walter Murphy. PROCEEDINGS : Mrs . Murphy explained that the property line abuts an adjoining concrete wall approximately 4 ' tall. The board perused pictures of the site. ACTION: Motion by Sommerdorf to waive Section 33. 04-3b of the St. Paul Legislative Code requiring a side yard clearance of 4 ' to permit construction of a car-port on the west front part of the house which will abut the adjoining property. Seconded by Kamin. THE VOTE : Ayes : Tieso, Grove , Kamin, Peake, Sommerdorf, Voigt. Nayes : none. Abstentions : none. Motion carried six (6) to zero (0) . 39-71-B Southwest Intersection of Denis C. Dailey Battle Creek Road and Lower Afton Road SUBJECT: Notice dated May 28, 1971, from Ruben Aguirre, Bureau of Public Buildings , to Denis C. Dailey, 1540 Branston, indicating that the proposed construction of two duplexes on the southwest intersection of Battle Creek Road and Lower Afton Road is in violation of Section 33 .04 (3) of the St. Paul Legislative Code. APPEARANCES : Denis C. Dailey. PROCEEDINGS : Mr. Dailey explained that it is proposed to construct a masonry firewall between the two duplexes . The property is pre- sently zoned "A" residential. He owns about 2. 3 acres in total. He plans to construct four units on 180 ' of property. Mr. Erickson said there would be no zoning violation according to his current plans . ACTION: Motion by Sommerdorf to continue the matter until a decision is reached as to whether or not the land is to be ac- quired for a Park as has been considered. Seconded by Kamin. THE VOTE : Ayes : Tieso, Grove, Kamin, Peake, Sommerdorf, Voigt. Nayes : none. Abstentions : none. Motion carried six (6) t� zero (0) . - 4 - , 6/23/71 Meeting No. 54 41-71-H 725 Stryker Ave. Charles F. Bauer Jr. SUBJECT : Notice of Condemnation as Unfit for Human Habitation and Order to Vacate dated June 18, 1971. APPEARANCES : Charles F. Bauer Jr. PROCEEDINGS : The appeal dated June 18, 1971 was read. Mr. Bauer explained that the building is a duplex with a young couple living in each of the dwelling units . There is no tub or shower in dwelling unit I but there is one in the basement which is en- closed with a shower curtain. ACTION : Motion by Tieso to waive the requirement of Section 54. 11 paragraph 3 of the St. Paul Legislative Code that every dwelling unit contain a bathtub or shower. Such waiver is granted for the first floor dwelling unit on condition that an enclosure of wood or similar material and sufficient heat be provided for the bathtub located in the basement. Seconded by Kamin. THE VOTE : Ayes : Tieso, Grove, Kamin, Peake, Sommerdorf, Voigt. Nayes : none. Abstentions : none. Motion carried six (6) to zero (0) . The possibility of introducing an ordinance which would require fire retardant treatment of exterior wood surfaces in new con- struction was discussed. Mr. Erickson said Mr. Ames , City Archi- tect, would probably be in favor of such a provision. It was sug- gested that there be some negotiation at the state level between the State Fire Marshal and new administrators of the new State Building Code to see if such a local amendment can be obtained. Mr. Norrgran suggested the board wait until the new code can be examined before it would formally request a local amendment at the state level. Mr. Anderson was instructed to seek a formal opinion from the State Department of Administration as to whether or not the board would have jurisdiction to grant variance� to the new state code . - 5 - � . .i� .-..J� I 1 � ° . Meeting No. 54 . The board unanimously agreed to accept appeals from NDP projects throughout the city on the same conditions as specified for Census Tracts 9 and 10 as determined at its meeting of April 28 , 1971. Meeting adjourned at 4 :20 p.m. � � Thomas W. Anderson Recording Secretary - 6 - ourucwTe To Met�ren � CITY OF ST. PAUL cou�� � - OFFICE OF THE CITY CLERK �+� NO. � ' COUNCIL RESOLUTION—GENERAL FORM ��� COMMISSION� DA*R RESOLVED, That the Council hereby ra�tifies and approves the aation of the 3aint Paul Board o� Appeala and Raview for ths xousing, Building and Fire Prevention Codes pertaining to the follawinq listed properties an8 as ehawn by the official minutes of said Board of Appsals dated June 23, 1971, a copy of which, marked EXxIBIT "A" is attr�ched hereto and mad� a part hereof by r�fer�nce: Cas_, e No. Progerty Appellant 25-71-H 1977 Marshnll Ave. Gordon R. Struck , by Robert Shea 38-71-B 890 Wilson Ave. Mrs. Walter Murphy 41-71-H 725 Stryker Ave. Charles F. Bauer, Jr. i �p,ZY �7� COUNCILMEN Adopted by the Co�xnr.il 19_ YeaB Naya �IL a� �A�# Butler' � Approv� 19— �'°'�" �n Favor Meredith � ��r Sprafka A vOA7TAt � MT. �Y'P.81(�P.Ylty MCCi�ty °�e