The URL can be used to link to this page

03-605ORIGl�V�i� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 5 2 WHEREAS, Don Martin made application to the Board of Zoning Appeals (hereinafter 3 "the Board"), in zoning file no. 03-249575, for a variance from the strict applica6on of the 4 provisions of the Saint Paul Zoning Code for property located at 957 Beech Street and legally 5 described as Schiffman's Subdivision of Blocks 109 & 110, Lyman Dayton's Addition Lot 20 6 Block 110; and 8 WI�REAS, the purpose of the applicarion was to vary the standards of the zoning code 9 so as to legalize an existing garage; and 10 11 WHEREAS, the Boazd of Zoning Appeals conducted a pnblic hearing on February 10, 12 2003, after having provided notice to affected property owners, and the Boazd by its Resolution 13 No. 03-249575 decided to deny the variance based upon the following findings and conclusions: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 2. The property in question can be put to a reasonable use under the strict provisions of the code. This property has been vacant for several years and needs extensive repairs before it can be reoccupied. A building pernut was issued for the garage in 1998 and clearly states that the height of the building will be 15 feet. The slab was poured for the garage without calling for an inspection nor did the owner call for a final inspection of the building. The recent code compliance inspection revealed problems with the framing for the second floor of the garage. There is also a service door on the second floor but no landing or stairs. A garage is a reasonable accessory use but must be constructed in compliance with building and zoning codes. This garage was built without the required inspections and in violation of the zoning and building codes. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. There is nothing unique about this property that would justify a variance. The present circumstance was created by the applicant. Council File # 03 -�� n sn�c # I 1 �� ` ORIGI►1�A�. 03-�05 _ 2 3. The proposed variance is not in keeping with the spirit and intent of the code, nor is it 3 consistent with the health, safety, comfort, morals and welfaze of the inhabitants of the 4 City of St. Paul. 5 6 Without having the required anspections during the construction process, it is 7 questionable if the garage is safe to use. Granring a variance for a structure 8 knowingly built in violation of the code is not in keeping with the spirit and intent 9 of the code. 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 4. The proposed variance may impair an adequate supply of light and air to adjacent property, and may alter the essenrial character of the surrounding area or unreasonably diminish established property values within the surrounding area. 5. Q The garage meets the required setbacks but exceeds the required height limit. This may affect the supply of light and air to adjacent properties. There is another garage in the neighborhood that exceeds the allowed height but that is an older structure and does not establish the character for the neighborhood. This is an area of primarily single story accessory structures. The variance, if granted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. If the garage were to be used only for permitted accessory uses, the proposed variance would not alter the zoning classification of the property. The request for variance is based primarily on a desire to increase the value or income potential of the parcel of land. The applicant has not stated why he needs the large garage or what it is to be used for. Therefore, it is impossible to determine what the primary motive is for building it. WHEREAS, pursuant to the provisions of L.eg.Code § 64.205 Donald Martin, on or about Febmary 19, 2003, duly filed an appeal from the deternunation made by the Board and requested a hearing before the City Council far the gurposes of considering the acfions taken by the said Boazd; and WHEREAS, acting pursuant to L.eg.Code §§ 64.205 - 65.208, and upon nouce to affected parties, a public hearing was conducted on Mazch 26, 2003, where all interested parties were given an opportunity to be heazd; and WHEREAS, the Council, having heazd the statements made, and having considered the variance application, the report of staff, the recard, minutes and resolutions of the Boazd, does hereby; Page 2 of 3 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 F0�lCef��L 03 - b oS RF.SOLVE, that the Council of the City of Saint Paul hereby upholds the decision of the Boazd of Zoning Appeals in this matter, based upon the following findings of the Council: 1. 2. The Council finds that there were no errors in fact finding or procedure by the Board in this matter; The Council adopts the findings and facts as set forth in BZA Resolution No. 03-249575 as its own for denying the appeal; and be it FURTHER RESOLVED, that the appeal be and is hereby denied; and be it F'INALLY RESOLVED, that the City Clerk shall mail a copy of this Resoluuon to Donald Martin, the Zoning Administrator, the Planning Cominission, and the Board of Zoning Appeals. Requested by Department of: $Y� Form App d by City Attorney �„ ��u�- �� l2_ a3 Approved by Mayor for Submission to Conncil By: � Approved by�t/a}�or: Date B7'' _ Adopted by Council: Date ��'a O� Adoption CertiEied by Counc 1� Secretary • o3-�os OFFICE OF THE CITY ATTORNEY Manuel J. Cerv¢ntes, City Anorney CITY OF SA1NT PAUL Rarsdy G Kelly, Mayor Civi1 Division 400 Ciry Hall IS West Kellogg Blvd. Sairzi Paul, Minnesota 55102 Telephone: 651266-8710 Facsimile: 651298-5679 June 12, 2003 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, NIN 55102 Hand Delivered Re: Resolution memorializing the appeal of Don Martin from a BZA decision on February 10, 2003. Council Ac6on Date: March 26, 2003 Deaz Nancy: Attached please find a signed Resolution memorializing the City Council decision to deny the appeal of Don Martin for property located at 957 Beech Street. Please place this matter on the consent agenda at your earliest convenience. If you have any questions, please don't hesitate to contact me. Very huly yours, �� w�� Peter W. Warner /�o� Assistant Caty Attorney � PWW/rmb Enclosure �(�.� ��w•� °�i � � �^�c^� "` � 294� _� a3 � ��S CITY ATTORNEY 7une 16, 2003 GREEN SHEET � No 113�22 Peter Warner, 6-8710 FOR TOTAL # OF SIGNATURE PAGES or.�u�rt o.Eaort [-u[?:�_::=�� ❑ tlnATIOUEY ❑ pnaiRlt ❑ AIRIICULiFRVICFYOR ❑ qIMICLL1ErtVG�CCiC ❑ WroRloRAaB�irail� ❑ (CLIP AlL LOCATIONS POR SIGNATURE) A resolution memorializing Ciry Council action taken Mazch 26, 2003, denying the appeal of Don Martin regazding a variance of the allowable height for an accessory shvcture at 957 Beech Street. PLANNING COMMISSION CIB COMMITfEE CIVIL SERVICE COMMISSfON SOURCE rms mis a�suM�rm everworkea under a cono-�t r« mie aepamnenn VVESS NO Fias tlws peison/firm euer been a Gily employeeT YES NO Do� ihis Ge��m poasess a siull not normallypossessed by any curteM ciry empbyee? YES NO Is ihis P�mm e targetetl MerdoYt YES NO CAST/REVENUE BUDGETm (GRCLE ON� AC7IVRY NIMIBER YES NO INFORMAiION (EXPWtQ 03 �bS CITY OF SAINT PAUL Randy C. Kelly, Mayor December 5, 2002 Ms. Nancy Anderson Council Research Office Room 310 City Ha11 Saint Paul, MN. 55102 Deaz Ms. Anderson: 3' �.4 T'�s'� � � ��;� � 0.�.�'�'�-- �- `' � I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, Mazch 26, 2003 for the following zoning case: Appellant: Zoning File #: Purpose: Location: Staff: District 4: Board: Donald Martin 03-249575 Appeal a decision of the Board of Zoning Appeals denying a variance of the ailowable height for an accessory structure in order to legalize an existing garage. 957 Beech Street Recommended denial of the variance. Did not take a position on the variance request. Denied the variance on a 5- 1 vote I have confirmed this date with the office of Council Member Kathy Lantry. My understanding is that tlus public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks ! .S1R�� 7 � , / � Hardwick, Zoning Specialist AA-ADA-EEO Employer OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION [ ` Roger C. Curtis, Director � LOWRYPROFESSIONALBUILDIA'G Telephnne: 651-266-9090 350 St PeterSbee; Suite 300 Facsimile: 6�I-266-9724 SaintPauf,Mittnesota5i102-I570 Web: www.cisipaulmn.vs/[iep NOTICE OF PUBLIC HEARIIRG -The Saint PauI City Conncil cvill con- duct a publie hearing on Wednesday, Mareh 26, 2003, at 5:30 p.m. in?he City Couacil Chambers, Third Floor, City Hall-Courthouse, 15 West Kellogg Boulevard, Saint Paul, MN, to eonsider the appeal of Donald Martin to a deeision of the Board of Zoning Appeals denying a variance of the allowable heiglit for an accessory structure in or- der tn legalize an e�stiug paiage at 957 Beech`$£ieet � � .fFeUivazy2� ' � - —_ 51: PADL LEGA4IEDGEF = 220B087p , . . . . Cj � -�oS C I OFrTC'c OF LICENSE, INSPECTIOrS AND E.'JVII20NMEVTAI. PROTECTION Janeen E. Rosas, Director CITY OF SAiNT PAUL Randy C. Kelly, ;Nayor February 21, 2003 Ms. Nancy Anderson Council Reseazch Office Room 310 City Hall Saint Paul,lVPi 1. 55102 Dear Ms. Anderson: LOWRYPROFESSIONAL BUILDlNG Suite 300 350 St Per� Street Sairst Paul, Minnuotu 55702-/SIO Telephone: 65l-266-9090 Facsimilc� 651-?6(r9099 651-?66-9114 `Neb: www.cistpaul.rs.us/[iep I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, March 26, 2003 for the following zoning case: Appellant: Donald Martin n LJ Zoning File #: 03-249575 Purpose: Location: Staff: District 4: Board: Appeal a decision of the Board of Zoning Appeats denying a variance of the allowable height for an accessory structure in order to legalize an existing garage. 957 Beech Street Recommended denial of the variance. Did not take a position on the variance request. Denied the variance on a 5- 1 vote I have confirmed this date with the office of Councii Member Kathy Lantry. My understanding is that this public hearing request wiil appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks ! ,� . Since , ` . � �� • :�o'hn Hardwick, Zoning Specialist AA .ADA-EEO EmoIoye: APPLICATfON FOR APPEAL � l �f��s�. � �� sr,��,�,�- ��;��,� �„� Department of F[tt;rr ' � �-eetesu aval„n f%� �=�� 7v�t�ug Cprtinn � , <'J� J ��er � C�% �d�GC�S'�'�-; ✓C% S�rD re ..." �'� __ :-�a7er Saint Paul, MN 55102 166-6589 APPE�LANT � :.; <.: : . �� `�.:.s I'; �r �c�- �EF2t�$lY£ �I2$� i3�tE ->�3�� _: City� }�{�('�`/� � 1� St.�fZip4�� Daytime F�R�PERTY � Zorina File TYPE OF APPEAL: Application is hereby made for an appeal to the: � Board of Zoning Appeais �City Council under the provisions of Chapter 64, Section�� Paragraph of the Zoning Code, to appe�.i a decision made by th <C� C`� � 1`�ttl:��j�QC�(� on ��X?AL� �(;'�� File number. e;� (date of decrsio ) GROUNDS FOR APPEAL: Expiain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zening Appeats or the Planning Commission. 5 ,� � �/"�. y F �-.r'�f' 1 � Attach addifiona/ sheet if � .._ , ApplicanYs signature ' �� - Date �; , �-f ;� City agent � ^ �� , D �� L' � �� t]�� 5 �N il�-17��``�'i=' : /`,r �ti� i�a.a-. L n LJ • C � � �;.;' � �67-S-oa �� ek � ^. �a r- � �� L' 1 The property was inspected 7 different times during the building process. The roof was changed once at the request of the inspector � The inspector then checked off on the height of the structnre. �Yze structure is sound and built to code, however the second floor and landing has not yet been completed. We have included a copy of the inspection report showing the inspector was at the property 7 different times checking varies items. There are unique circumstances regarding this property. The current ho�E owner (applicant) did not own the property at the time of the construction of the existing garage, nor did he have anything to do with the construction of the garag�- The intent of the homeowner of the second floor of the garage is tQ use it to store siding materials from his company once the second floor is completed. The current homeowner His intent is to fix up to code. � � bouqht the �iouse while in foreclosn�e. the property.'up . Bringing everything � � � � .J > ... . _ _ __ __ - � �IaJYi'v�i�� Fi�'�d i" ;�: � ,K.� �� ^F• �3-�5$ `�,5 In�p — . _-- - — — -- -- Fou�`��.-'�o'Y S��±a.�,t!'?�'y_t��CV r �-- r -- ---- -- - - - ----- - ----- ----- -- -- ---.. La;h 2^d;or b: 'a"� oa ' d- -- -- - - ---- ----------- Findl -- - --- -- -- ------- _. . No�� + �f.« .�s. �� k=�� - - _ �_�r��o__ � / 7 _.. �h �� ----` /°��=-_�- ' ._ r . —_____-- �—��- . y�"��.__ — � r- � - � � . . _! :�/`�J �.18_�7c��.. _ — , G �t �-�� a,/f g/9 9 _ $ _�.� �� a _ - 9 ir�7iCCW�cy��?G'--S-F`.(� a�`�� i --------- � w/ � o� - �s �� BOARD OF ZOi�'ING APPEALS STAFF REPORT TYYE OF APPLICA'ITO1V: APPLICANT: HE�G DATE: LOCATION: LEGAL DESCRIPTION: PLANNING DISTRICT: PRESENT ZONING: REPORT DATE: DEADLINE FOR ACTION: A. PTJRPOSE: A height variance in order to legalize the existing gazage. The average height of the gazage is 16 feet-2 inches, the allowed height is 15 feeT, the variance requested is 1 foot-2 inches. Minor Variance Don Matrtin February 10, 2003 957 BEECH STREET ZONING CODE REFERENCE: 62.106 SCHiFFi1�ANNS SUBDIVTSION OF BLOCK5 109 & 110, LYNIAN DAYTON'S ADDITION LOT 20 BLK 110 RT-1 January 2�, 2003 March 15, 2003 F7LE #03-249575 BY: John Hardwick DATE RECEIVED: 7anuazy 14, 2003 B. SITE AND AREA CONDITIONS: Tlus is a 40 by 123-foot lot with alley access to a detached garage in the rear. The building is a legal duplex with a nonconforming lot size. Surrounding Land Use: Primarily one- and two-family dwellings. � C. BACKGROUND: A recent Code Compliance Inspection of this vacant property revealed that the existing garage was constructed in violation of the zoning regulations. The applicant is requesting this variance to legalize the building. D. FINDINGS: 1. The property in question can be put to a reasonable zsse under the strict provisions of the code. �3'his properry has been vacant for several yeazs and needs extensive repairs before it can be reoccupied. A building permit was issued for the gazage in I998 and clearly states that Page 7 of 3 � File #03-249575 Staff Report the height of The building will be 15 feet. The slab was poured £or the garage without calling for an inspection nor did the owner call for a final inspection of the building. The recent code compliance inspection revealed problems with the fzaming for the second floor of the garage. There is also a service door on the second floor but no landing or stairs. A garage is a reasonable accessory use but must be constructed in compliance with building and zorring codes. Tius garage was buili without the required inspecrions and in violarion of the zoning and building codes. � 2. The plight of the land owner is not due to carcumstances unique to this property, and these circumstances were created by the Zand owner. There is nothing unique about tFus property that woutd justify a variance. The present circumstance was created by the applicant. 3. The proposed varzance is not zn keeping with the spirit and intent of the cade, nor is it consisient with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. Without having the required inspections during the constmction process, it is � questionable if the garage is safe to use. Granting a variance for a shucture I�owingly built in violation of the code is not in keeping with the spirit and intent of ffie code. 4. The proposed variance may impair an adequate supply of Zight and air to adjacent property, and may alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The garage meets the required setbacks but exceeds the required height limit. This may affecT the supply of light and air to adjacent proper[ies. There is another gazage in the neigfiborhood that exceeds the allowed height but that is an older shucture and does not estabfish the character for the neighborhood. This is an azea of prunarily singie story accessory structures. ` S. The varzance, ifgranted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is Zocated, nor would it alter or change the zoning distnct cZass�cation of the property. If the garage were to be used only for pernutted accessory uses, the proposed variance would not alter the zoning cIassificarion of the property. ��. Page 2 oF 3 � � p� _ 6os � File �03-249575 Staff Report 6. The request for variance is based primarily on a desire to increase the value or income potential of the parcel of Zand. The applicant has not stated why he needs the large garage or what it is to be used for. Therefore, it is impossible to determine what the primary motive is for building it. E. DISTRICT COU�TCIL RECOiVIlVI�NDATION: As of the date of this report, we have not received a recommendation from Dish 4. F. CORItESPONDENCE: Staff has not received any correspondence regarding this request. G. STAI�'F RECOMMENDATION: Based on findings 1 through 4 and 6, staffrecommends denial of the variance. L� � '�. � � Page 3 of 3 � APPLICATION FOR ZONING VARlANCE OFFICE OF LICENSE, INSPECTIDN, AND ENVIRONMENTAL PROTECTION 300 Lnwry P�ofessional Building 350 SL Peter Street Saint Paul, MN SSIO2-I SIO - (651) 266-9008 APPLICANT City�fC�'Q�(1(8 i �P St.�_Zip '�J�� Daytime Properiy lnterest of ApplicanY (owner, confract purchaser, etc.) G�t.�Tf14.�/' Name of Owner (if different) V 1�.�1C�Li 3�n (1FY2�r� PROPERTY Address / Location �c�`� ,�,�� '�2� INFORMATION Legal Descripfion3C61i{�mang �a�YiSion � 6iKS fo4?l� �Hxan - � � �A�'� C'�� _ (atfach additional sheet if necessaryJ ' • Lot Size �x 10 Present Zoning �= Present Use �Cg,�O��.tC Proposed 1. Variance(s) requested: ��iX q41o`ut� °1�E�r {'°�' Q�at�iq�'S (' � P.,t,"c��s1Q �C9�t�`Y'� D � S ida i� 9��s��t � 2.ri5ar: tlo�#e� S.cIL �S i(o �i �a � Q > . � > Y4+rt_�c�s, c'� �+' a ,,� �3�r�, s:d� � ,�..��„ a� �r'+�, s�cl�_ 2. What physical charecteristics of the property prevent its being used for any of the permitted uses in your zone? (topography, size and shape of lot, soil conditions, etc.) j��, g��,C,y�,�� c� �� ui �� 5 'cOr Mc>rE.. '�trwx� �'flu� � !)'""" " 3. E�cplain how the sfrict application of the provisions of the Zoning Ordinance woutd result in peculiar or exceptional prac2ical difficulties or exceptional undue hardships. �# s.�aa+�ra:t� #_'QtaSS �rTav��.� J P�s�S,f �A -s er*aA#.it�rx�.i �w'c� „tv;.� }o -Fh4 owv�n.r� , � �irm t�axqc�. �$ #� � �, , '�p� dOwn pr i��, CASHIERS USE ONLY 4. F�cpfain how the granting of a variance will not be a substantial defriment to the public good or a substantial impairment of the intent and purpose oftheZoning Ordinance."'��, �x{t,,�� $.� �{.{y�„ Qq�q� �',� -r � C3 p LJ�tt P �c�-irat4�nLs�, s�T CQc.�cS�S t�p P�'ro or � i hE�an V i t�i�C.iZ. �o a.tba fl�'�'aL �St� tTt7U.1)C�t 1^1Q ��t� G�r�cao�, rvas bFax, s-ta.+ndi+ncj �'or' a�xTne �� $ i�Q.G�rS vKi °t h r�o Cs�re,fllcswn�3 �rtt� �t Fei��r�, ApplicanYs Signature �� / y °�l/��'� Date 1'eC ` 1(� � � i ��J7 U'.Q2.CY1 S �;c�z,w��. 40�� `�z }, � �— �s�--� E-- '� �—.'� I ;–lc��,se � � � �t �- IS S' Elc i��r,- > ! �--- a�;— > S �� 4 ro� ��. ��' �{�' nz��hT —� �� sa? c1 Z � zs�t � �} � � )3�} � � d-� _605 � �. , a s F � �3 ~a�lGs�� i �- cc� � � � � 3 �. • t � �- 4 5�� —�-___ y✓ � � �� '��." ' F , �' �, ~+ ,� ;i� _ �� -`= >� �'� � � �» I / i �K 1 i , .3 F+; ::�� ,a �� 1 t . s ;, .�s � • *� � �i . F ��. . .. II-y.. :..4.:<} �!.'- @j�..::«sia::. fi •• . �'- �� _ \ Q , ` 9 �♦� i;f . ; . . �_:. � :..-. � �� - w �� .:;. _�' � �� k - t _ __ ,��e ,fi�� '� �, �..� ._ ` -'°~ _ �' �� . �,�<�'�� '�-. -_ � � � �-: � s . M "��"'� �� ' X " +� . a �� ' : ,a4�� - �C l ''*�. � �� it ? _ -`.' . : � � � �j,�,� �c "'�^? ; �-_ .i--- : �. -- � _ ' � ti' ..r..- ��.� �,. -. ., ; � : - , ; /� � ,: � r�.�� - � ;, -{ _ �� y. _� �� 'Y�` 6�3, � ,, , :: ` ° � ri:`. ' �;:�. _ �•;.` •s:..` �. � "'�_ Y e. �� '�!� - �'` .ar/ •� L_� t� �� _ .-�'��I��'�'C �!�Y� . "': .�'�•.r�- . '�a.� -.� , ,':1 � - � � -:�� h� � . , � ' w. :�:'-� � �.�. � ! �, � e Y `i [' �.. i _._. � � -. J - . .�f..fr��:r:"y� R ..�_-'r ,:.. _ . � . u .�.J ?. .�. . �I • •_ 1? � Y ��. k�� ' _ y �� r��._ �� « .' . � �`� � � � OFFIC£ OF LICINSE, INSPECTfONS AiW ENVIILONNIEN'I'AL PROTECTION RogerG Cur6s, Director CITY OF SAIlVT PAUL Randy C. Kel[y, Mayor January 15, 2003 MS BRENDA VIARTIN 957 BEECH STREET SAINT PAUL MN 55106-2510 Re: 957 Beech Street File # : 02 235184 VB2 Dear Ms. Martin: LOWRYPROFESSIONAL BUILDIIIG 350 SL Peter Street, Suite 300 Saint Pauf, i�rmeso[a J5102-I510 Telephane: 651 d 66-9090 * Fasimi(e: 651-266-9124 Web: www.cistpauLmrzus/7iep Pursuant to your request 957 Beech Street was inspected and the following report is submitted: BUILDING I. Install piinth block in basement AND repair joist and beams system. 2. Install handraiI on basement stairs. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. I5. 16. I7. 18. 19. 20. �q 21. �2- 23. Maintain one hour fire separation betrveen units. Install fire rated doors and closers on doors to both units from common entry area Install handraiI and reti�rns on rear stairs. Repair Ianding and treads on front stairs. Replace roof. Install smooth sweepable floor in basement. Install landing at front door and side door. Bring �arage up to current Code. Install landing in garage. InstaIl plinth biocks under posts in basement. Repair walls and ceilings throughout, as necessary. Tuck Point interior/ea-terior foundation. Repair soffit, fascia trim, etc. as necessary. Provide hand and guard rails all sYaiiways and steps as per attachment. Provide thumb type dead bolts for all entry doors. Remove any surface bolts. � Repair or replace any deteriorated window sash, broken glass, sash kolders, re-putty etc. as necessary. Provide storms and screens complete and in good regair for all door and window openings. Fire block consh as necessary. Where wali and ceiling covering is removed, attic, replace doors and windows, (insulation, glass, weather stripping, etc.) shall meet new energy code standazds_ Re-2eve1 structure as much as is practical. Prepare and paint interior and e�erior as necessary (take the necessary precautions if lead base paint is present). �� O7 -ceos � � � MS BRENDA �IARTII�I 957 BEECH STRE�T JA.�tUARY 15, 2003 PAGE TWO 24. Any franung members that do not meet code (where wall and ceiling covering is removed, members that are over-spanned, over-spaced, not being cazried properly, door and window openings that aze not headered, etc.) are to be reconstructed as per code. 25. Habitable rooms with new usage, replaced windows shall have glass azea equal to 10% of floor area, or a minimum of 10 sq. ft., one-half of which shalI operate and all bedroom windows shail meet emergency egress requirements (20" wide minimum, 24" high minimum but not less than 5.7 sq. ft. overall). 26. Provide general clean-up of premise. 27. Provide smoke detectors as per UBC. ELECTRICAL Remove all unused wiriug in basement. 2. Splice and close up boxes. 3. Bond azound water meter and insure both services aze bonded to cold water line. 4. Properly fuse main and branch circuits and replace unlabeled fuses/breakers. 5. Bond first floor service entrance conduit and insure neutrai bonded in panel. 6. Protect or remove cable behind baseboard for garage. 7. Remove wire under first floar kitchen sink. 8. Insure two (2) sepazate outlets in each: diningroom and first floor west bedroom. 9. Repair second floor front stair light. 10. 11. 12. 13. 14. Bond second floor service entrance conduit. Provide three foot worldng clearance in front of panel from floar to ceiling. Install three-way switches for second floor rear stairs. Replace second floor bathroom sink light. Provide complete service panei directory for second floor. 15. Replace open light bulb in second floor closet light. 1 b. Replace meter boxes and raise service head so drop wires clear garage by three feet miuimmn. 17. Fastea conduit to Code. 18. Remove wiring in gazage or correct and replace underground feed. 19. Repair front entry light and feed. 20. No power at time of inspecrion, check all lights and devices for proper operation. �� 21. Insure proper fuses or breakers for all conductors. 2-2. Repau or replace a11 loose or broken devices and fiYtures. 23. Check a113-wire oudets for proper polarity and ground. 24. Throughout building, install outlets and fixiures as per Bulletin 80-1. 25. Install smoke detectors as per Bulletin 80-1 and UBC. 26. Electrical work requires a Permit and inspections �� MS BRENDA MARTIN 957 BEECH STREET JATtIJARY 15, 2003 PAGE THREE PLUMBING l. Replace meter valves and fittings before meter. 3. Re-pipe first floor bathroom to Code. 4. Rep2ace at2 pipe fittings and fistures due to freezing when water is twned on. 5. Water not in service at time of inspection_ All to be checked when put in service. HEATING 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Recommend instaliing approved lever handle manual gas shutoff valves on fumace. � Recommend instaIIing approved automatic gas vaive for fiunace. Clean and orsat furnace bumer. Check all conh for proper operafioa. Submit report. Check furnace heat exchanger for leaks, provide documentation.. Install chimney liner. Frovide thirty (30) inches of cleazance in front of furnace for service. Repair and/or replace heatiug regisYers as necessary. Replace furnace flue venting and bring to Code. Tie furnace and water heater venting into chimney liner. Provide adequate clearance from flue vent pipe on fumace to combustible materiats or provide approved shielding according to Code. Recommend combustion air be installed and support as needed. Provide support for gas lines to Code. Plug, cap and/or remove all disconnected gas lines. Install approved lever handle manual building shutoff gas valve in an accessible iocation ahead of the first branch tee. Provide heat in every habitable room. ZONIlVG ��. i_ This properry was inspected as being a legal duplex with a nonconforming lot size. � �� o'> -�os � vIS BREV'DA MART7�i I 957 BEECH STREET JA.NtTARY 15, 2003 PAGEFOUR NOTES 1. See attachment for pernut requirements. 2. Provide plans and specifications for any portion of the building that is to be rebuiit. 3. Most of the roof covering couid not be properIy inspected from grade. Recommend this be done before rehabili#ation is attempted. 4. There was considerable storage/clutter within property at the time of the inspection. All to meet appropriate Codes when complete. 5. All items noted as recommended do not have to be completed for code compiiance but should be compieted at a later date. Possible purchasers of properiy shail be made awaze of these items. � Sincerely, James L. Seeger Code Compliance Officer JLS:sIa Attachments �. � �� GENERAL BUiLDtl11G PERMIT DEaARTMEr�T CITY OF SAINT PAUL � E ` f � CITY OF SAINT PAUL t OFFICE OFLICENSE, INSPECIfONS AND � ENVIRONMENCALPROTECCION I � BUILD/NG INSPECIION AND DESIGN E 350 Sr Peter Srreet - Suite 300 � P (� ��,�! �r� SaintPau� Minnesata SSIOLlSlO 612-266-9090 � ��--�_` � hF��L� NO._ � LC�!� DESCRIPTIQN O �ATE � v �� - �d 6WNER �J %e irl2 OWNERSADORESS p � E ❑ OlD TYPE OF [`� NEW TYPE CONST. 7 aly�� OCCUPANE GRADING S UCCOOft ["�BUILD ❑ANDEXC. ❑p�qg7'ER ❑DR / ❑ ADDITION ❑ ALTER ❑ REPAIR ❑ �F/ /�� G� WARD LOT BLOGK SIDE 'OTQEARANCE �� °�GTH MEIGHT % � � �� WIOTH DEPT LOT � /� STRUC- W�DTH TURE � � ESTtMATED VALUE DETAILS b BVILOING L�NE �STORIES ` \ ES � NO I SQ. FT. `�"�� NCLUOE BASEMENT ARCMtTECT PERMIT FEE PLAN CHEGK -^ S7ATE Q � SURCHARGE G�J. L•� �. TOTAL FEE APPLICANT CERTIFIES 7HAT ALL IN- FORMATION IS CORRECT ANO THAT ALL PERTINENT STATE REGULATIONS AND CITY ORDINANCES WIL� BE COM- PU ED Wt7H IIY PERfORM(NG 7HE WORK FOR WHICH 7NIS PERMfT fS ISSUED. X �� /°"l�GG�j T / L..�. STATE �� ❑ F E E" ❑ WRECK OR TNACT 5&21P .�_ � �r�.�z ,:'.'�, -'.�"_ " � '- . _"" ' " ""' _'�. - ' _ ` =`"'� '�'-_ ' . CASHIER USE ONLY WHEN VALIDATEO THIS IS YOUfl PERMIT Si. Code � O°.,o6�--1�5� �� " � �� i ��. ' . _ - -_ :l9J�Li� I �� r�{�n i � ] �05 IrSp�c'�r -- ��y,��'�?� 5�� __�.,,,�.¢P �..�-�Ca.. - - --- — -- ---- -- --- `� - �.a�e-- — --- - --- -- ------ �at� zn� ar U:a�'�oa�d-- — - - - ------- Finz1 Natos S�� / Z / c / � 48. S� �Tk ,,,�.11�,,�n� --- " ( �I �f [ 8__ �Y,,.`.;_ _O �. �3 '_____ � w4 � - L --��--� --- -- • - �� 5��-- -4v�"'�.p_ — G � 'l�� __ /�"'_--- a�b/� s,�v� �1,�.�._.��.� � , --- ----- � �-- 0o r�� f �? � <.n— PROPERTY WITHIN 100 FEET OF PARCEL: 957 BEECH STREET � � I 1 MINNEHAHA � �� O � m � � (215) 940 BEECH 956 � N W E S PREPARED BY: � ,�, �� os L � � �. 1. 2. 3. 4. 5. 6. 7. &. 9. 10. ii. 12. 13. 14. 15. IG. 17. SUNRAY-BATTLECREEK-HIGH W OOD HAZEL PARK HADEN-PROSPERITY HILLCREST �VEST SIDB - DAYTON'S BLUFF PAYNE-PF�AI.,EN NORTH END THOMAS-DALE SU2viMIT-UNZ VERSITY WEST SEVEI�'TH CO�fO HAMLTi�'E-MIDV ST. ANTHONY PARK MERRIAM PARK-LEXINGTON HAMLINE-Si�'ELLIl�iG HAMLI\'E MACALESTER GROVELAND HIGHI.AND SUM_MIT HILL DOWIv'TOWN J ��.e'��`� e`i�.� C:7��y'l��i� l. � '� CI'TTZEN PARTICIPATTON PLANi�TING DISTRICTS CITY OF SAIlYT PAUL � BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER: #03-249575 DATE: February 10, 2003 WIIEREAS, Don Martin has applied for a variance from the shict application of the provisions of Section 62.106 of the Saint Paul Legislative Code pertaining to masimum allowed height of an existing gazage in the RT-1 zoning district at 957 Beech Street; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on February 10, 2003 pursuant to said applicarion in accordance with Yhe requirements of Section 64.203 of the egis a ive o e; an WHEREAS, the Saint Pau1 Board of Zoning Appeals based upon evidence presented at the pub]ic hearing, as substantially reflected in the minutes, made the following findings of fact: The property in question can be put to a reasonable use under the strict provisians of the code. � This properiy has been vacant for several years and needs extensive repairs before it can be • reoccupzed. A building pernut was issued for the garage in I998 and cleazly states that tke height of the building will be 15 feet. The slab was poured for the gazage without caIling for an inspection nor did the owner call for a final inspec6on of the building. The recent code compliance inspecfion revealed problems with the &aming for the second floor of the gazage. There is also a service door on the second floor but no landing or stairs. A gazage is a reasonable accessory use but must be constructed in compliance with building and zoning codes. This garage was built without the required inspections and in violation of the zoning and building codes. 2. The plight of the Zand owner is not due to circumstances unique to this property, and these circumstances were created by the Zand owner. There is nothing unique about this properiy that wouid justify a variance. The present circumstance was created by the applicant. 3. The proposed vasiance is not in keeping with the spirit and intent of the code, nor is it consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City ofSt. Pau1. W�thout having the required inspections durzng the construcfion process, it is quesrionable if the'narage is safe to use. Granring a variance for a structure knowingly built in violation of . the code is not in keeping with the spirit and intent of the code. Pa�e 1 of 3 -� C Y p3 _c�os � File #03-24957� Resolution 4. The proposed variance may impair an adequate suppZy of Zight and air to adjacent property, and may ¢Zter the essential character of the surrounding area or unreasonabZy diminish established property values within the surrounding area. The gazage meets the required setbacks but exceeds the required height limit This may affect the supply of li;ht and air to adjacent properties. There is auother garage in the neighborhood that exceeds the allowed height but that is an oider structure and does not establish the character for the neighborkood. This is an area of primarily single story accessory shuctures. S. The variance, if granted, would not permit any use that is not permitted under the provisions of the code for the pr-operty in the distf-ict where the affected Zand is located, nor would it alter or change the zoning district class�cation of the property. If the garage were to be used oniy for permitted accessory uses, the proposed variance would not alter the zoning classification of the property. • 6. The request for vanance is based primarzly on a desire to increase the value or income potential of the parcel of land. The applicant has not stated why he needs the large garage or what it is to be used for. Therefare, it is impossible to detemune what the primary motive is for building it. . NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board ofZoning Appeals that the application to waive provisions of Section 62106 in order to legalize the existing garage IS HEREBY DENIED on property located at 957 Beech Street; and legally described as Schiffinann's Subdivision Of Blocks 109 & 110, Lyman Dayton's Addirion Lot 20 Blk 110; in accordance with the application for variance and the site plan on file with the Zoning Administrator. MOVED BY : Faricy SECONDED BY Kleindl IN FAVOR: s AGAINST: i ��. MAILED: February 14, 2003 Page 2 of 3 � � File #03-249575 Resolution TIlVIE Llvi IIT: No order of the Board of Zoning Appeals permitting the erection or aiterafion of a building or off-sh-eeY pazldng facility shall be valid for a period longer than one year, nnless a building permit for snch erection or alterarion is obtained within such period and such ereclion or atteraflon is proceeding pursuant to the terms of snch permit. The Board of Zoning Appeals or the Ciry Councii may grant an eatension not to exceed one year. In grantins such extension, the Board of Zoning Appeals may decide to hold a pubtic Learing. � dPPF A7.. Ton;cinnc ..t r�.o u�.,...� ..r �� e ��es�te-apgeal fe-t:�A City Council within 15 days by anyone affected by the decision. Bnilding permits shall not be issned after an appeal has been fded. If permits have been issued before an appeal has been ffied, then the permits are snspended and construction shall cease until the City Council has made a fittal determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for tLe Cify of Saint Paul, NIinnesota, do hereby certify that I have compared the foregoing copy with the original record in my office; and find the same to be a trne and • correct copy of said original and of the whole thereoF, as based on approved minutes of the Saint Paul Board of Zoning Appeals meeting held on Febrnary 10, 2003 and on record in fhe Office of License Inspecfion and Environmental Protection, 350 St. Peter Street, Saint Paul, vlinnesota. SAINT PAUL BOARD OF ZOlVING APPEALS ,~: �/ ; i, ; �� ! ' ' �s.,�� '�1; � .�,�,�— U' Debbie Crippen Secretary to the Board ��. • Page 3 of 3 �� o� -�os � MINL)TES OF THE MEETING OF T'f� BOARD OF ZOi�]ING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MLNNESOTA, FBBRUARY 10, 2003 PRBSEN"T: Mmes. Maddox; Messrs. Courtney, Duckstad, Faricy, Kleindl, and Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant City Attorney; Mr. Hardwick and Ms. Crippen of the O�ce of License, Inspecrions, and Environmental Protection. ABSEI3T: Gladys Morton* *Excused The meeting was chaired by Joyce Maddox, Chair. Don Martin (#03-249575) 957 Beech Street• A height variance in order to legalize the existing gazage. The average height of the gazage is 16 feet - 2 inches, the allowed height is 15 feet, the variance requested is 1 foot-2 inches. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for denial. No correspondence was received opposing the variance request. However, staff received one phone call from an area resident opposed to the variance request. No correspondence was received from Dish-ict 4 regarding the variance request. • The applicant DON MARTTN, 6923 Tourville Circle, Centerville, was present. Mr. Martin stated that his brother and sister owned the property before him and they had some problems so he took it over. He did not lmow what was going on at the time, but he was told that they had to change the roof of the garage at one rime and that it was signed off on at the height it is at now. There are some problems with the second floor and the garage has never been fully finished. It wasn't done properly but it is nothing major or anything that cannot be fixed. The garage has been there for the past three and a half years and there haven't been any complaints to his Imowledge. Ms. Maddox questioned whether Mr. Martin was renting the home out now. Mr. Martin replied that he has taken the property over and he is in the process of fixing it up. Ae either is going to rent it out or possibly move into it. Ms. Roxanne Birnenback(?), 6923 Turville Circle, Centerville, noted that they had not given a reason they needed a second floor. Aowever, Mr. Martin's brother was storing siding there when he owned the property, the family owns a smali siding company. His maIn use of the second floor was to store the siding for the business. The property was going into fareclosure, both his sister and brother were out of work and they did not want to see them lose the house so Mr. Martin took the properry over, trying to fix the properry up to either sell it or move into the property and rent out the upstairs. Ms. Bimenback stated that they wanted the City to come in and tell them everything that was wrong with the properry so they could get everything brought up to code. Mr. Martin noted that the reason they need the variance is because they cannot afford to take down the garage and reconstruct it. They plan to have the power lines raised because there was a quesrion about the power lines coming over the garage. They also want to get the sec�pd floor stabilized so it can be used. � AA-ADA-EEO Employer � � File #03-249575 Minutes OZ/10/03 Page Two Mr. Courtney questioned whether NIr. Martin lmew wkat he had to do to comply with the fifteen-foot requirement. Mr. Martin replied take down the second floor, is that correct. Mr. Courtney questioned whether the applicant lmew how much that would cost in time or money. Mr. Martin replied thousands of dollars. There was no opposirion present at the hearing. Hearing no further testimony, Ms. Maddox closed the public portion of the meering. � Mr. Faricy questioned the height of the garage. Mr. Hardwick replied that it is one-foot two-inches questioned whether there was some way that the parts that are not safe or not properly constructed could be redone. Mr. Hardwick replied that the inspection was done by a buiIding inspector in the LIEP Office by the Code Compliance Inspector. The joists aze under sized and over spaced and either needs to be replaced or structurally altered to firm up the joists so fhe second floor can carry the load it is supposed to carry, it can be done but he has no idea as to the cost. Mr. Courtney expressed his desire to find some Idnd of middle ground. He feels that if the Board denies the variance it will give the applicant a reason to walk away from the property or abandon it and then it will be an eye sore to the neighborhood. He feels that they aze not doing anyone any good in denying the • variance. Mr. Faricy noted his agreement with Mr. Courtney however, with a building that the inspectors have said is unsafe the Boazd cannot allow it to stand, though it does not make him feel good to denying the variance. Mr. Wilson quesrioned whether there was a bearing wall in the garage. Mr. Hazdwick replied he did not lrnow, as he had not been inside the garage bat was going by the Code Compliance Report provided by LIEP staf£ Mr. Wilson questioned whether the building is an existing danger. Mr. Hazdwick replied that the structure its self is not in any danger of falling down. On the second floor there is a door and if anyone opened the door and stepped out, that could be dangerous because there is no landing. The sh-ucture is not in any danger of collapsing at this point. Ms. Maddox quesrioned if the variance is denied, will someone from the LIEP office be able to work with the applicants to bring the gazage into compliance. Mr. Hardwick replied that our office will always work with somebody to work out issues like this. But our office cannot design the building for the applicant. LIEP can tell him where his design or the building is deficient and he needs to either hire someone to design the building properly or design it himself properly. So if he comes up with a plan to bring the garage into compIiance with the building and zoning codes, LIEP staff will be glad to work with him. Mr. Wtdson quesrioned whether Mazch 16, 2003 is the time frame the Board has to act on the variance. Mr. Hardwick replied that is conect. Mr. Wilson questioned laying over the matter. Mr. Hazdwick � AA-ADA-EEO Employer �� 03 -�� File #03-249575 Minutes 02-10-03 Page Three repiied that the Board couid do that. However, Mr. Wilson should make it cleaz what the delay is for. Ts he suggesring that the applicant come back with a design to address the building code issues? Would the Board than reconsider the height vatiance, is that what is being proposed. Mr. Warner cautioned that the variance before the Board is for height. In order to sarisfy the variance for height the Board has to find something that is unique to the land. Mr. Wilson is blending a code compliance inspecfion with a desire to help this person out against the strict legal requirements, with respect to the vaziance, which is for height. In order to grant a variance for height you have to find something unique about the land. This properiy owner wants to build a tall building and there is nothing here now or in the future that will allow this. Mr. Faricy moved to deny the variance and resolution based on fmdings 1 through 6. Mr. Kleindl seconded the morion, which passed on a roll call vote of 5-1(Courtney). • Submitted by: Approved by: 7ohn Hardwick a • Jon Duckstad, Secretary AA-ADA-EEO Employer � � Mar 25 03 06:31p � \\\1IIO � � %„� �� DBD4CC (6511774-3510 p.2 6� -�-°s Da ton's Bluff �� .y. . . Dlstrlct 4 Community Councll 798 E. 7th Street, Saint PauI, MI3 55106 • Phone 651-772-2075 • Fax 651-774-3510 Visit our �veb site at��w�c•_daytonsi�Iuff.org March 25, 2003 . Councilmember Kathy Lantry Third Floor IS WestKelloggBlvd Saint Paul MN SS1Q2 Dear Councilmember Lantry: The Dayton's Bluff Community Council has received a number of phone calls froin the neighbors living near 957 Beech. Tliey all support the Board of Zonin; Appeals decision denying a varilnce of the height of the garage. r 1 � Please give this your consideration. For more infonnation call me at 772-2075. Thank you. Sincerely, �� l�u �a�-� Karin DuPau] Community Organizer • �q�� Creating u se�ase of pince and u place that makes sense �a�� ^ � ✓ • • • z•d TO: FRONI: DATE:: RE: John Hardwick Jim �IcNally and Debra Wenger n4arch 26, 2003 Crarage Variance request We the residents at 959 Beech St. object to the variance thats being requested Please see attached letter. We would also like to know why we weren't informed about the house being auctioned off. ZLEO-bOL-TS9 �,}o�� epuijaW B uyor dg0�2T 60 9Z �eW �(� l d 7 -c�os . � To: John Hardwick From: James McNally anfl Debra Wenger Date: February 9, 2003 Re: Fiie # 03-249a7� We the residents at 959 Beech Street oppose tke variance requested for the garage located at 957 Beech Street. When Jeff Martin was building the garage he was forewarned by an inspector and still ignored the city zoning rules. We feel it will start a domino effect "Ifhe can do it so will everyone else." JeffMartin has been a very irresponsible resident Two yeazs ago he removed shingies from his house and has not reinstalled them. He also nnanaged to bypass the water and electric meters and a�oided payment for five years. On Thanksgiving night we heazd a loud noise come from his home and later found out that he intentionally damaged water pipes, causing a significant amount of damage to the properry. and all because he got caught tamperir�g with meters and has to pay. ---- I feel strongly about this matter and are extremely concerned with his behavior and intentions. He has a bad attitude and thinks he can get away with doing whatever he pleases. The garage is just another example of this. I apologize for not being able to aTtend this meeting; howeverIjust started a new job and can not gei anytime off. If you should have any questions please. feel free to call me at 65I-776-1367. Sincerely, Debra Wenger James McNally � . _� � � �.� ._ � c � � �� ' `� r �� ,� � R. �" �� j� 1 l �� V� ` J �� t~ .> ^' � �rt / t � �� T•d ZLEO-bOL-TS9 1do�� epuitaW R u4oC d90��i EO 9Z �eW