255650 ORIGINAL�TO CITY CLCRK /� ■���/f
CITY OF ST. PAUL couNCi� "'� v
• OFFICE OF THE CITY CLERK F��E NO.
C NCtL R LU N—GENERAL FORM
PRESENTED BY �/J ��j
COMMISSIONE -` `� ATF
�
RESOLVED, That the Council hereby ratifies and a�proves
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 August 11, 1971,
a copy of which, marked EXHIBIT "A" is attached hereto and made
a part hereof by reference:
Case No. Property Appellant
47-71-H 1735 Dayton Ave. Donald S. Stepanek �
52-71-B 1317 Burns Ave. Robert H. Johnson
51-71-B 1299 North Dale St. Charles Fewer
by
George Pfoser
Pfoser Const. Co,
54-71-B 51 East Hoyt Ave. Maurice Stauffer
39-71-B Southwest Intersection of Denis C. Dailey
Battle Creek Road and
Lower Afton Road
COUNCILMEN Adopted by the CouncilSEP 1 O �97� 19—
Yeas Naya Q �97�
Butler SEP 1
ve 19�
�— !In Favor
�
Sprafka �/ yor
Tedesco ASainst
FORM P � E
�
Mr. Vice President Meredith SEP 1 8 �97�
ptJ$LISHED — Asst. �orp ratiori Cou rs 1
��
� ; • , 8/11;'71
Meeting No. 57
25��5
0
MINUTES OF TtiE MEETING
SAINT PAUL BOARD OF APPEALS
Wednesday, August 11, 1971
Room 210 , Bureau of Health, 555 Cedar St. - 1: 30 p.m.
Members present: Arthur Tieso, Vice Chairman
Raymond Grove
Estyr Peake
Norma Sommerdorf
James Voigt
Members absent: Mitchell Kamin
Donald Wozniak
Agencies present: Bureau of Health - Dr. Paul Cox
- Frank Staffenson
Building Department - Glenn Erickson
Fire Department -
Phalen Area Neighborhood
Improvement Program - Jack Mell
Others present: Thomas Anderson, Donald Stepanek, Charles Fewer,
George Pfoser, Robert Johnson, Maurice Stauffer, Denis Dailey.
The minutes of the July 28, 1971 meeting were approved as cor-
rected.
k 47-71-H 1735 Dayton Ave. Donald S . Stepanek
PRIOR FiEARING: July 14, 19 71.
SUBJECT : Inspection report of the Bureau of Health dated June 24,
1971, concerning 1735 Dayton Ave.
APPEARANCES : Donald S. Stepanek
PROCEEDINGS : Mr. Tieso read the Building Department letter dated
July 21, 1971, which indicated the property was zoned "C" Resi-
dential and would therefore allow four dwelling units . The letter
EXHIBIT "A"
- 1 -
� , 8/11/71
� " Meeting No. 57
•
also indicated that if a waiver to allow occupancy of the third
floor was granted, the electrical service would have to be in-
creased to 195 amps and a Certificate of Occupancy would be re-
quired.
ACTION: Motion by Tieso to waive Section 54. 15 (3) of the Saint
Paul Legislative Code that no wood frame dwelling be occupied
above the second floor for living or sleeping purposes except
where the original construction provided for such type of occu-
pancy. Such waiver is granted on condition that the electrical
service be increased frre*r�.ii�8 to 195 amperes and that all require-
ments for .issuance of a Certificate of Occupancy be met.
Seconded by Grove.
THE VOTE : Ayes: Tieso, Grove, Peake, Sommerdorf, Voigt.
Nayes : none. Abstentions : none. Motion carried five (5) to
zero (0) .
� 52-71-B 1317 Burns Ave. Robert fi. Johnson
SUBJECT: Request for waiver of Section 40.0 (c) of the St. Paul
Legislative Code which states that no permit shali be issued _
for construction of more than one garage or accessory building
on a site.
APPEARANCES: Robert H. Johnson
PROCEEDINGS: Mr. Johnson's home is actually constructed on two
lots whose total dimensions are 129 . 09 ' x 80 ' . The two lots ar�
considered one site. The Code reads that two accessory buildings
may not be constructed on one site.
ACTION: Motion by Sommerdorf to waive Section 40 .0 (c) of the
St. Paul Legislative Code that no permit shall be issued for
construction of more than one garage or accessory building on
the same lot. Said waiver is granted to permit construction of
a two-car garage at the rear of the property in accordance with
the plan as submitted.
Seconded by Grove.
THE VOTE: Ayes: Tieso, Grove, Peake, Sommerdorf, Voigt. Nayes :
none. Abstentions : none. Motion carriec� �ive (5) to zero (0) .
- 2 -
� . , 8/11/71
' Meeting No. 57
/ 51-71-B 1299 North Dale St. Charles Fewer
�
George Pfoser
Pfoser Const. Co.
SUBJECT: Request to waive Section 33.04 (2) of the St. Paul Legis-
lative Code which requires a rear yard of a minimum distance of
25 ' from the main portion of a dwelling.
APPEARANCES : Charles, Fewer, George Pfoser.
PROCEEDINGS : Mr. Fewer is building a 22 ' x 22 ' garage which he
wishes to attach to the house by a porch. The lot is 4Q ' x 138 ' .
The house is approximately 30 ' from the front yard line. The
porch is to be 10 ' x 12 ' . The home is approximately 1,000 sq.
ft. in area.
ACTION: Motion by Sommerdorf to waive Section 33.04 (2) of the
St. Paul Legislative Code which requires a minimum rear yard
clearance from the dwelling of twenty five feet. Such waiver
is granted to permit construction of 10 ' x 12 ' porch connecting
the house to the garage.
Seconded by Voigt.
TIiE VOTE : Ayes: Tieso, Grove, Peake, Sommerdorf, Voigt. Nayes:
none. Abstentions : none. Motion carried five (5) to zero (0) .
X 54-71-B 51 East Hoyt Ave. Maurice Stauffer
SUBJECT: Request to waive Section 39 .00 and those other require-
ments for electrical, plumbing and heating of the St. Paul Legis-
lative Code.
APPEARANCE5 : Maurice Stauffer.
PROCEEDINGS : Mr. Stauffer' s request to locate a 12 ' x 60 ' trailer
house at 51 East Hoyt Ave. was read. He wishes to house his
father-in-law who has a serious heart condition in the trailer
home for approximately one year in order that he can care for
him. Mr. Stauffer' s home is about 100 ' from where the trailer
house would be located. The next closest home is about 300 '
away. The trailer home is built in accordance with the National
Fire Standards. Mr. Stauffer intends to build a duplex at 51
East Hoyt Ave. within five years .
ACTION: Moved by Peake to waive Section 39 .00 and those other
electrical, plumbing and heating requirements of the Saint Paul
Legislative Code. Such waiver is granted to permit Mr. Stauffer
- 3 -
.■ �.' -' 8/11/71
' Meeting No. 57
to locate a 12 ' x 60 ' house trailer at 51 East Hoyt Ave. for a
period of one year. Fu"r.ther moved that the trailer house be
used only by the father-in-law of Mr. Stauffer, a Mr. Joseph
Truott. Finally moved that the matter be reheard after one
year' s time.
Seconded by Voigt.
THE VOTE : Ayes : Tieso, Grove, Peake , Sommerdorf, Voigt. Nayes:
none . Abstentions : none. Motion carried five (5) to zero (0) .
-�'� 39-71-B Southwest Intersection of Denis C. Dailey
Battle Creek Road and
Lower Afton Road
PRIOR HEARINGS : June 23, 1971
July 28, 1971
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.
PROCEEDINGB : Mr. Tieso referenced the original appeal which
requested a waiver of Section 33. 04 (3) of the St. Pau1 Legislative
Code. He said that many of the issues which have been raised
relative to the appeal are not matters to be considered by the
board.
ACTION: Motion by Tieso to waive Section 33.04 (3) of the St. Paul
Legislative Code which requires a side yard of not less than four
feet. Such waiver is granted to permit construction of two du-
plexes abutting each other with a znasonry wall between them as
so requested.
Seconded by Peake.
THE VOTE : Ayes: Tieso, Grove, Peake, Sommerdorf, Voigt. Nayes:
none. Abstentions : none. Motion carried five (5) to zero (0) .
Meeting adjourned at 2 : 40 p.m.
�"�•��....e �'1� Q.w..�ir.�......_.
Thomas W. Anderson
Recording Secretary
- 4 -