Loading...
03-377ORIGINAL Presented by� G Refeaed To CouncilFile# 03 -3r'(1 Green Sheet # 200652 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �3 Dat6 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the March 25, 2003, decisions of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Norices, and Correction Orders for the following addresses: Properiy Apnealed A�pellant 1177 Clarence Street Mai Yia (Candace) Lee Decision: Appeal denied on the Deficiency List dated February 21, 2003. 1551 Hewitt Avenue I,owell Bromander for Hamline University Decision: Appeal denied on the Deficiency List dated March 4, 2003. Yeas Na s Absent Benanav � Blakey ,/ Bostrom Coleman Harris Lantry f Reiter ✓ � O � Adopted by Council: Date \J , C� � o 03 Adoption��tified by CouncIl Secretary By: r \ a . _ Requested by Department of: � Fomi Appioved by City Attomey � Approved by Mayor for Submission to Council � � n� _��an DFFARTMFNT/OFFICE/COUNCIL DATEINmATm vv v ,� .� City Council Of€ices April 9 Zoo3 GREEN SHEET t+to 200652 COMACT PERSON S PHONE �nnlaimw m14a1IDre Marcia Moermond, 266-8560 oE..n,�rowsrae an�ouo. MUST BE ON COUNCIL AGENDA BY (OATq ASSICx NUMBB2FOR QIYAiiM1EY 411YdiA1( ROIffING �� s��a!lCIFLaE0.v�CrrssoR R1YlJ�lrF1��//�CCfC ❑IIJ1Ydl(OR�YR) ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION RC-0UESTm , Approving the March 25, 2003, decisions of the Legislative Hearing Officer on Appeals of Lettexsof Deficiency, Correction Notices, and Correction Orders for the following addresses: 1177 Clarence Street and 1551 Hewitt Avenue. RECOMMENDAT ON Approve ( Of REJEM (R) PERSONqLSERVICE CONiRAGfS MUSTANSWER THE FOLLOWING QUESTIONS: 7. Has this persoNfirtn e�er xarkeA undx a contrac[ tor thie depaAmeM? PLANNING COMMISSION VES NO qB COMMI7TEE � 2. Has this persaNfirm ever been a dty empbyee7 CIVIL SERVICE COMMISSION vES No 3. Oces this persaMim poesese a slull not normslypossessetl by arry curreM city employee7 YES NO 4. Is Nis persoNfirtn a tarpeted veMoYt VES NO F�lain all Y� ��s ��� shee� anE atlach W Oreen sheet INI7IATING PROBLEM ISSUE, OPPORTUNITV (Who, What, When, WheB, Why) ADVANTAGESIFAPPROVED � 62�f�?"f z� S7^.s.`+,^ _ �: ` °*i � L�4$8a� DISADVANTAGESIFAPPROVED DISADVANTAGES IF NOT APPROVED \ TOTAL AMOUNT OF TRANSACTION f COST/REVENUE BUDGETED (CIRCLE ON� YES NO FUNOING SOURCE ACTNITY NUMBER FIN4NCIAL INFORMATION (IXPWN) 03 - 3��1 NOTES OF "I'HE LEGISLATIVE HEARING LETTERS OF DEFICIENCY, CORRECTION NOTICES, CORRECTION ORDERS Tuesday, March 25, 2003 Room 330 City Hall, 15 West Kellogg Boulevazd Mazcia Moermond, Legislarive Hearing Officer T'he meeting was called to order at 10:31 a.m. STAFF PRESENT: Pat Fish, Fire Prevention 1177 Clarence Street The following appeared: Mai Yia (Candace) Lee, owner, 2050 Hyacinth Avenue; and Yang Yang, 762 Case Avenue East, Apartment 2. Pat Fish reported that this occupancy became vacant and was a registered vacant building. She did an inspection on it. The basement is required to have an automatic fire sprinkler system. There was a lot of questioning about how it would be used and the configuration of the building. There was a wa11 between the bar and the dining room, and it was taken out to make one big dining room. The basement would require to be sprinklered anyway. The upstairs would not be required to be sprinklered if it is divided into areas less than 5,000 square feet, but the owner would have to install a fire alarm system. If the building was fixlly sprinklered, then there would have to be an alarm on the sprinkler, but the owner would not have to add a separate fire alann system; it would be an alarm tied to that sprinkler system. These are the only options Ms. Fish can offer because this is a life safety issue and an assembly occupancy. Marcia Moermond asked was this a baz/restaurant previously. Ms. Lee responded it used to be a nightclub and restaurant. Now, it will be solely a restaurant with entertainment on the weekends. It has been vacant since November. Ms. Moermond asked about the option of breaking up the space on the main floor to create fire barriers. Ms. Lee responded the main purpose of the dining area is to make it very big. There was a wa11 there, but they knocked it down. Ms. Moermond asked what was the previous name of this business. Ms. Fish responded Dinner Club 2000. Ms. Moermond asked will she be using the basement. Ms. Lee responded not that much. They do not anticipate many people using it. They would use it for a big celebrations, anniversazies, etc. Ms. Moermond stated the cost of installing sprinklers is exorbitant according to the appeal application. Ms. Lee responded that she has at least rivo estimates and some aze on the way. Ms. Moermond asked does the 13,000 square feet include the basement and the main floors. Ms. Lee responded yes. O�-3R� NOTES OF THE LEGISLATTVE HEAIZING, MARCH 25, 2003 Page 2 Ms. Moermond asked far options in terms of e�ting. Ms. Fish responded the upstairs could be divided into an area of less than 5,000 square feet. There is a baz, table, and chairs downstairs. The owner would have to treat that as nonstorage. At least two walls would have to be opened for access to the outside. It is below grade now, and there aze no openiugs to the outside of the building. Ms. Lee stated there are three exits in the basement with one exit going out. Ms. Fish explained they are talking about fire department access without going down steps. Sunilar to a walkout basement, the owner would have to grade it so there would be a window with 20 square feet of opening every 50 feet. Any wall or any point of that building mare than 75 feet from that opening, then she would have to open two walls. All that dirt would have to be graded away from that building. There are people considering doing that in some buildings, but looking at how the street and sidewalk is laid out, Ms. Fish does not know how that would be done. The object of the sprinkler is so that the owner would not have to put down those exit stairs to ventilate. She cannot venrilate into the upstairs. Ms. Moermond stated the basement could not be used then. Ms. Fish responded there is no exclusion for using the basement for storage. The code does not give that exception. If it is an assembly building, the basement has to meet that requirement whether or not they are using the basement for assembly. Ms. Moermond stated she would be more willing to grant a waiver if the space was not being used far assembly. Ms. Lee stated they have new fire exringuishers and a fire alarm system. Ms. Moermond responded that is good, but may not be enough. Ms. Lee asked is there a way to not install a system in the basement. Ms. Moermond asked about creafing exits. Ms. Fish responded it is not a matter of creating more exits. This part of the sprinkler requirement is far Fire Depaxtment access; it is not required for the exiting. Accarding to the code, if something is required, it cannot be used as a substitute for something else. There is sufficient exiting, but they do not have the access. If it is the difference between the business opening or not opening, asked Ms. Moermond, would the owner be willing to construct walls to break up the space on the main floor of the building. She has concerns with the basement exiting, the sprinkiering on the first floor, and the lack of options they are looking at. This issue is difficult because there was a fire in a Rhode Island nightclub/bar that involved people needing to exit a basement. The bad situation in the Chicago nightclub was about people not having enough space to get out. It is in this environment that Ms. Moermond has to consider this appeal. Ms. Lee asked does the number of people in the basement have anything to do with the number of exits. Ms. Fish responded people are not counted. She measured each individual space, and thaYs how many people can be down there. The code does not allow for limiting the number of 03 -3q� NOTES OF THE LEGISLATIVE HEARING, MARCH 25, 2003 Page 3 people to, for example, ten. If it is so many square feet, then there is an occupant load that the owner has to provide exiting for. The exiting is not an issue at this point, but the access. Ms. Lee stated she does not think there will be more than 70 people there. Mr. Yang stated there aze three stairs. Ms. Moermond stated this is an unusual situation. She is going to withhold her decision and look at the building with Ms. Fish and the owner. Then, she will come up with a recommendation to the City Council. Ms. Moermond will let her know what that is by phone. (Ms. Moermond and Ms. Fish met the owner at 1177 Clarence Street on Apri13. Ms. Moermond's decision is to deny the appeal of the February 21, 2003, Deficiency List. Ms. Lee was mailed a letter regarding the decision.) 1551 Hewitt Avenue Marcia Moermond denied the appeal as the dispute has been mediated. The meeting was adjourned at approximately �