250402 � O�tIGINAL TO CITY CL6RK ��■ �y�/
CITY OF ST. PAUL Fo�NCa N . � i�rr
OFFICE OF THE CITY CLERK
N R UTIO —GENERAL FORM
PRESENTED BY
COMMISSIONE ATF
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 August 12 , 1970 , a copy of
which, marked EXHIBIT "A", is attached hereto and made a part
hereof by reference:
Case No. Property> AppellantJ
69-70R� 847 South Lexington Pkwy�� Charles Brady .
71--70-B 1372 Scheffer Ave. Harold F. Awe
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SEP 10 19?0
COUNCILMEN Adopted by the Council 19—
Yeas xa� �Ep � � 1���
Butler
Caxlson A �rooe —19—
Levine � Favor
Meredith
yor
Sprafka J Against
Tedesco
Mr. President, McCarty p�Br�1�SHED $EP 21970
�
, �/12/70
Meetinc� No. 36
�
MINUTE5 OF THE MEETING �����2
SAINT PAUL BOARD OF APPEALS
Wednesday, August 12 , 1970
Room 210 , Bureau of Health, 555 Cedar St. - 1 : 30 p.m.
Members present: Lawrence D. Cohen, Chairman
Raymond Grove
Estyr Peake
Norma Sommerdorf
Arthur Tieso
James Voigt
Members absent: Gale Rehnberg -
Others present: Frank Staffenson, Glenn Erickson,
Thomas Anderson, Earl Conley, Mr. &
Mrs . Marvin J. Jorgenson, Mr. & Mrs .
William Wegan, Adeline I. Jahnson,
James H. Boyd, Raymond T. Engle, Mrs .
Charles Brady, Dwayne Rasmussen,
Durand Paul, Ronald Fjerstad, Mrs .
Wilton Fjerstad, Harold Awe .
The minutes of the July 22 , 1970 meeting were approved as mailed.
62-70-H 2298 Priscilla St. Marvin J. Jor�enson
SUBJECT: Letter dated May 14 , 1970 to Marvin Jorgenson, from the
Bureau of Health, indicating certain Housinq Code deficiencies
at 2298 Priscilla St.
APPEARANCES: Mr. and Mrs . Marvin J. Jorgenson.
PROCEEDINGS : Mr. & Mrs . Jorgenson explained that there w�r� two
enclosed stairways leading to the outside from the thirci floor.
There is one apartment on the second floor containing two occu-
pants and one apartment on the third floor. The chimney has been
encased.
ACTION: Moved by Tieso to waive Section 54 .15 (3) of the St. I�aul
Legislative Code to allow continued occupancy of the third floor
at 2298 Priscilla St. Such waiver is granted on condition that
no more than 2 individuals inhabit the third floor occupancy and
that upon the sale or transfer of ownership of the property
the waiver be nullified.
Seconded by Cohen.
EXHIBIT "A"
8/12/70
� Meetinq N�. :�G
.
THE VOTE: Ayes : Cohen, Grove, Peake, Sommerdorf, Tieso. Nayes :
none. Abstentions : none. Motion carried five (5) to zero (0) .
James Voigt arrived.
69-69-H 103-105 Wilkin James & John Lyman c;on�:.
PRIOR HEARINGe Mtq. No. 21, November 26 , 1969 .
Mtg. No. 22, December 10 , 1969 .
SUBJECT: Notice of Condemnation dated Septebmer 30 , 1969 and
Order to Vacate dated September 30 , 1969 for the premises at
103-105 Wilkin.
PROCEEDINGS : Mr. Anderson informed the board that he had been
informed by Martin Mansur, attorney for James Lyman, that a fire
had occurred' at the premises on August 11, 1970 .
ACTION: Mr. Cohen requested that the matter be carried over i:a
a meeting in the near future .
65-70-H 1549 East Ivy St. Ambert D. N�lson by •
Adeline I . Johns�n
SUBJECT: Letter dated December l, 1969 to Ambert D. Nelsori, 1549
E. Ivy from the Bureau of Health listing improvements needed at
1549 E. Ivy in order to comply with the Housing Code.
APPEARANCES: Adeline I . Johnson.
PROCEEDINGS : Mrs . Johnson said that an extension of tim� woul.d
be needed to repair all the deficiencies . Mr. Staffenson said
that he felt this could be worked out between the Bureau of IIcalth
and herself. She said she had been appointed legal guardian for
her father, Ambert Nelson, who is 79 years old.
ACTION : Moved by Somm�rdorf to waive Section 54 . 14 (5) that each
dwelling unit have at least two electrical outlets for the north-
east, northwest, southeast and southwest bedrooms at 1549 Last
Ivy Street.
Seconded by Grove.
THE VOTE : Ayes : Cohen, Grove, Peake, Sommerdorf, Tieso, Voigt.
Nayes : none. Abstentions : none. Motion carried six (G) to
zero (0) .
� _ _
2
. �3/12/7�
_ Meet�ing No. :3r,
69-70-H 847 South Eexington Pkwy. Charles I3rady
SUBJECT: Letters dated July 30 , 1970 , March 31, 1970 and ,7une 2 ,
1969 to Charles Brady from the Bureau of Health and pertaining to
Housing Code cleficiencies located in the property at 847 South
Lexington.
APPEARANCES : Mrs . Charles Brady.
PROCEEDINGS: Mrs . Brady explained that they intended to repair
the noted deficiencies but have been unable to obtain a loan to
do so. She said they were requesting an extension of time tc� do �.he
necessary work.
ACTION: Moved by Cohen to grant an extension of time, until June 1 ,
1971, to comply in every respect with the Housing Code at the pro-
perty located at 847 South Lexington Parkway. Such extensian of
time is granted on condition that the water heater relief valve be
repaired immediately.
Seconded by Tieso.
THE VOTE: Ayes : Cohen, Grove, Peake, Sommerdorf, Tieso, Voiqt,
Nayes : none. Abstentions : none. Motion carried six (6) to
zero (0) .
55-70-H 735 Laurel Ave. J. W. Nyc�uist
PRIOR HEARING: Mtg. No. 36 , August 12 , 1970 .
ACTION: Moved by Cohen to dismiss the appeal if no representative
shows upon behalf of the appeal.
Seconded by Peake.
THE VOTE: Ayes : Cohen, Grove, Peake, Sommerdorf, Tieso, Vaie�t .
Nayes : none. Abstentions : none. Motion carried six (6) to
zero (0) .
68-70-H 796 Capitol Heights Jennie H. Aoyd Tr.list�.
by J. H. Boyd -.
SUBJECT: Letter dated April 22, 1970 , Order to Vacate dated
Ju.�y 29 , 1970 , Notice of Condemnation dated July 29 , 1970 from
The Bureau of Health to Mr. James Boyd and pertaining ta the
property located at 796 Capitol Heights .
APPEARANCE5 : James H. Boyd, Raymond T. Engle.
PROCEEDINGS : Mr. Cahen read Mr. Boyd's appeal dated July 30 , 1�70 .
Mr. Boyd explained that 35 years ago his mother left several. build:i.nc�s
to her three children in trust . . . Income less outgo for the �
trust has averaged $1,463 for the last four years . The property
- 3 -
�/� 2/�0
, � . MPetinq Nc�. 3E�
at 796 Capitol Heights has had an average loss of $550 for the
last four years . As sole trustee, Mr. Boyd must now termi.na�.� thE�
trust and distribute the shares . . . Some rents are as 1�w �s
$30 , $35 and $40 . Heated apartments at 796 Capitol Heiqhts rent
for approximately $45 per month. There is a caretaker at the
building who gives special attention to the tenants tY�ere . Four
six-room apartments have been rented eliminating the need far
new bathrooms and six bathroom windows will be madP op�rat.i�re.
These items constitute approximatel.y 7S$ of the total amount of
work to be done . Placarding of the building is illegal. ��and
could lead to a $25,000 damage suit. In fall of 1969 a p�-�i.nt�..r
backed out of his contract to paint the building . . . A new hc�t
water system was installed at a cost of $1, 800 and alumin�.tm s�orrn
windows at a cost of 5700 . . . Mr. Boyd submitted his wr.itt�n
statement dated August 10 , 1970 . He said the inspection r.e�ort
dated Apri1 22 , 1970 is unconstitutional, unenforceable and v�id
for the following reasons :
1, The items contained therein are not a threat to
public health or safety.
2 . An unreasonable length of time was allowed to
comply.
3. There was no authority to post the placards.
4 . It is untrue that the property is unfit for human
habitation.
5 . There is no legal authority or notice to order
vacation.
6 . The City is now liable for the expenses incurred .
due to this action.
Mr. Cohen took exception to Mr. Boyd's statement that the c�efi--
ciencies are not unhealthy or unsafe. Mr. Staffenson said th�
Bureau of Health has been receiving complaints about plaster
falling, strewn garbage and no hot water since late 1967 . A
survey was made on March 6 , 1970 and a letter outlining def_iciE�nc.ieas
was sent out on Apri1 22 , 1970 . An extension of time waa grantPd
in May, 1970 . A reinspection was made on July 20 , 1970 incluc�ing
Raymond Engle, Harold Yanarelly, James Boyd and Earl Conley .
Five items had been corrected. On July 30 the file was r.eviewe:d
with John Ricci, Jerry Segal and the City Attorney separately .
The decision was to no� remave the placards . Mr. Engle said
that no Gertificate of Occupancy has been applied for. Appraxi-
mately 12 - 15 people presently live there. Originally ther� w�r.c�
12 units sharing six bathrooms . Four units have been converkeci
to one family dwelling units .
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a/12/%r)
' Meetinc� No. 3G
" ACTION: Moved by Cohen that members conduct a visual inspection
of the premises before the next regular meeting of tha board and
that action concerning the appeal be taken at the time.
Seconded by Voigt.
THE VOTE: Ayes : Cohen, Grove, Peake, Sommerdarf, Tieso, Voiyt.
Nayes : none. Abstentions : none. Motion carried six (6) t�
zero (0) .
70-70-H � 330 South Exchange J. & R. C�.
� Dwayne Rasmussen
SUBJECT: Letter dated June 4 , 1970 to Dwayne Rasmussen, 4880 -
106th Ave. N. E. , Minneapolis from the Bureau of Health regarc�ine�
an illegal third floor occupancy at 330 South Exchan_q� .
APPEARANCES: Dwayne Rasmussen.
PROCEEDINGS:. Mr. Cohen read the apneal dated August 2 , 1970 . Mr.
Rasmussen said the 11 apartments in the building were pleasant.
There are two exits from the third floor, one in the front ancl on�
through the attic and down a back stairway to the outside. The
second floor has front and back exits .
ACTION: Moved by Tieso that a camplete inspection of the property
be conducted by the Bureau of Health and the Bureau of Public IIuilci-
ings and that their findings be presented for consideration at the
next regular meeting of the board.•
Seconded by Cohen.
THE VOTE : Ayes : Cohen, Grove, Peake, Soznmerdorf, Tieso, Vaic�t.
Nayes : none. Abstentions : none. Motion carried six C6) to
zero (0) .
66-70-B 722 , 730 Joy Ave . Durand Paul & Ronald
67-7Q-B F�erstad
SUBJECT : Items dated July 22 , 1970 to Durand Paul , 1868 F.
Minnehaha Ave . & F.onald FjersLad, 634 Ivy Ave . from the Dureau
of Public Buildings indicating why no permit could be issued to
allow placement of trailer houses at 722 and 730 Joy Av�.
PROCEEDINGS : Board members discussed the matter and agreed that
a decision concerning this matter was one of policy and not simply
a matter of granting relief.
ACTION: Moved by Cohen to refer the matter to the City Council ��nd
also to waive the filing fee.
Seconded by Tieso.
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_ £3/1.2/70
. , Meetinq No. 3E�
THE VOTE : Ayes : Cohen, Grove, Peake, Sommerdorf, Tieso, Voig�.
Nayes : none. Abstentions : none. Motion carried six (6) to
zero (0) .
71-70-B 1372 Scheffer Ave. Harold �'. Awe
SUBJECT: Letter dated July 30 , �970 to Harold Awe from the F3ureau
of Public Buildings indicating that no permit could be issued f.or
a proposed car port at the rear of 1372 Scheffer as it woulri be
in variance of side and rear yard requirements .
APPEARANCES : Harold F. Awe.
PROCEEDINGS : Mr. Cohen read the appeal dated August 3 , 1970 . A
letter from the owner of the adjoining property indicating no
objection to such construction was read.
ACTION� Moved by Tieso to waive Section 33 .04 (2) and Section
4000 (i) of the St. Paul Legislative Code pertaining to rear and
side lot line requirements to allow construction of the cr�r port
at 1372 acheffer as requested.
Seconded by Peake.
THE VOTE: Ayes : Grove, Peake, Tieso, Voigt. Nayes : none.
Abstentions : Cohen, Sommerdorf. Motion carried four (4) to
zero (0) with two (2) abstentions .
`%.� (�./ ��, � 4-��:,-z.,��.
Thomas W. Anderson
Recording Secretary
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DYr},ICAT[TO�RIN7�1! � ����i/r.)
CITY OF ST. PAUL �Np� NO. —'v
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION--GENERAL FORM
rR�s�er
CAMMiSSIONER sAT�
RESOLVED, That the Council hereby ratilie: and approvea the
aation of the 3aint Paul Board of �ppeala and R�viev► for the
Hou�ing, Building and Fire Prevention Codes pertaining to th�
follo�inq liated prop�rties and as sho�an by the offiaial minutes
of said Board of Appeala dated August 12, 1970, a copy of
which, marked EXHIBIT "A" , is attached hereto and made a part
� heremf by reference:
Cas�No. Property Appellant
69-7�-H 847 South Lexington Pkwy. Charles Brady
71-70-B 1372 Scheffer Ave. Harold F. Awe
SEP 1 A �
COiTNCILMEN Adopted by the Counail 19—
Y� xa� SEP 1 A 1�70
Butler
Carlaon Approv� 19._
Levine � Tn Favor
Meredith �or
Sprafka �` Againat
Tedesco
Mr, Presiden�, McCarty
a�9