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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 -