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249337 • OR161NAL TO CITY CLRRK �'���.l.�}7 CITY OF ST. PAUL couNCi� "" OFFICE OF THE CITY CLERK F��E NO . COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISS�ONE � ATF RESDLVED, that the Council hereby ratifies and ap- proves the action of the Board of Appeals pertaining to the following listed properties as shown by the official minutes of said Board of Appeals dated May 27 , 1970, a copy of which, marked EXHIBIT "A" is attached hereto and made a part hereof by reference. CASE NO. PROPERTY APPELLANT 34-70-B 313 Harrison St. Mr. & Mrs. Walter Wolynsky by D.D. Wozn i.ak 39-70-B 1958 Bayard Ave. Robert J. Gumnit FO�ti�l At' ROv_D CORPORATION COUNSEL! JUN 1 6 19�0 COUNCILMEN Adopted by the Counci� 19— Yeas Nays ��N 1 � 19�Q Butler Carlson Approve� 19— Levine t� ^ T*+ Favor er i Sprafka J Mayor A gainst �At111� Tedesco �. ° ...�.��,: '� .��1 � � 1974 Mr. Vice Prerident � ��, �UBLISHED ,luN 2 a �� . ' , s/2�/�0 . . Meeting No. 32 MINUTES OF THE MEETING � .����.>�: ST. PAUL BOARD OF APPEALS � Wednesday, May 27, 1970 Members present: Lawrence D. Cohen, Chairman Raymond Grove Estyr Peake Norma Sommerdorf Arthur Tieso Members absent: Gale Rehnberg James Voigt Others present: Sam Blue, Frank Staffenson, Dr. Paul Cox, Alice Bisonji , Daniel Dunford, Arthur Pream, William Kelly, Marland Mork, Thomas Anderson, Diana Goulet, former owners - 970 Prosperity, Henry Buescher, D. H. Beaudette, Patrick Leighton, D. D. Wozniak, Mr. & Mrs . Walter Wolynsky, Mrs . Harry Gutowich, Robert Lydon, Harvey Bream, Raymond K. Kenow, Mr. & Mrs . Edward Weger, Hyman Cohen, Mrs . Mary Sulikowski , daughter of Mrs . Mary Sulikowski The minutes of the meeting of May 13, 1970 were approved as mailed. A letter dated May 12 , 1970 from Glenn A. Erickson, Assistant City Architect, was read. 35-70-H 970 Prosperity Mrs. Diana Goulet PRIOR HEARING: Mtg. No. 31, May 13, 1970 SUBJECT: Letter dated April 16 , 1970 to Diana F. Goulet from Frank ' Staffenson, Supervisor - Housing Code Section, Bureau of Health, regarding Housing Code violations at 970 Prosperity. Notice of condemnation dated April 21, 1970 . Order to Vacate dated April 21, 1970 . EXHIBIT "A° - 1 - 5/27/70 ' � . . Meeting No. 32 APPEARANCES : Mrs . Diana F. Goulet, former owners of 970 Prosperity, Daniel Dunford, Dept. of Public Works . , PROCEEDINGS : Mr. Dunford said a public sewer was located approxi- mately 100 ' from 970 Prosperity at Ames Ave. He explained that to have a sewer installed; a petition would have to be signed and a hearing would have to be scheduled before the City Council. He presented Mrs . Goulet with such a petition to be signed. ACTION: Mr. Tieso moved that the Board of Appeals draft a letter strongly urging that the City Council approve connection of city sewer service to the property at 970 Prosperity and that such letter accompany the petition for such installation. He further moved that the placards be removed from the property at 970 Prosperity pending final action by the City Council on this matter. He urged that the Bureau of Health write a similar letter to accompany such petition and that, if possible , the Bureau of Health appear on behalf of P�rs . Goulet at the public hearing before the City Council. Seconded by Cohen. . THE VOTE: Ayes : Cohen, Grove, Sommerdorf, Tieso. Nayes : none. Abstentions : none. Motion carried four (4) to zero (0) . 33-70-B Lot 5 , Palmer Place Henry M. Buescher PRIOR HEARING: Mtg. No. 31, May 13, 1970 . SUBJECT: Letter dated May 11, i970 to Mr. Tom Anderson, Secretary, Board of Appeals from Robert L. Ames , City Architect, stating that permission to move a garage to Lot 5, Palmer Place could not be granted as there is no accompanying residence on said property. APPEARANCES : Henry M. Buescher. PROCEEDINGS : Mrs . Sommerdorf said she had inspected the site onto which Mr. Buescher was proposing to move a garage. She said that although it would face what was considered a street, for practical purposes the street was no different than an alley. ACTION: Mrs . Sommerdorf moved that a variance to Section 40 .00-1C of the St. Paul Legislative Code be granted to permit Henry M. ' Buescher to move a garage onto the property located at Lot 5, Palmer Place as he proposed. Seconded by Tieso. THE VOTE : Ayes : Cohen, Grove, Sommerdorf, Tieso. Nayes : none. Abstentions : none. Motion carried four (4) to zero (0) . - 2 - ' 5/27/70 � � Meeting No. 32 � Estyr Peake arrived. 25-70-H 456-458 Goodhue Jennie H. Boyd Trust 457-459 Su erior by J. H. Boyd 3 Le ach Mr. Anderson informed Board members that Mr. Boyd had contacted him and said he had missed the last meeting because he got his dates mixed up. The Board agreed to uphold its decision to dis- miss the appeal in light of his communication. 16-70-B 160 E. Kellogg Blvd. Farwell, Ozmun, Kirk & Co. � D. H. Beaudette PRIOR HEARING: Mtg. No. 31, May 13, 1970 . SUBJECT: Letter dated February 24 , 1970 to Farwell, Ozmun, Kirk & Co. , 160 E. Kellogg Blvd. , attention Mr. David Beaudette, from Robe�rt L. Ames , City Architect, concerning elevators not currently � certified at 160 E. Kellogg Blvd. � APPEARANCES : Patrick Leighton, D. H. Beaudette. PROCEEDINGS : Mr. Leighton said 500 of all freight is handled by old elevators and 50o is handled by new elevators . Mr. Leighton summed up the proposal by Farwell , Ozmun, Kirk & Co. to comply with elevator requirements of the St. Paul Legislative Code to include installation of a new roof and door gates on all three freight elevators ; install, for one of the elevators , new railings for all 9 floors and a new safety device, a new sling and a new cab. After this work is done , the other 2 elevators would be closed down. The total cost for these repairs would be from $16 - 19 ,000 . Mr. Beaudette said the 4 freight elevators currently operate on an 8 hour shift, two bringing freight up and two bringing freight down. Mr. Pream said of the proposed plan that he still considered the overhead limit switch and the D.C. motor a hazard. Mr. Blue said he felt that, in addition to what was proposed, a hoistway machine limiting switch, an A.C. motor and a governor should be installed on the rehabilitated elevator. ACTION: Mr. Cohen moved that an extension of time to May l, 1971 � be granted in order to permit continued use of the freight elevators . at 160 E. Kellogg Blvd. Such extension of time is to be granted upon submission of a written proposal which incorporates the verbal proposal as presented by Mr. Leighton and those additional require- ments as stated by Mr. Blue. Such extension of time is to be granted upon successful completion of work within the time periods as set forth in the written proposal. - 3 - • 5/2�/�0 . . Meeting No. 32 Seconded by Grove. THE VOTE: Ayes : Cohen, Grove, Peake, Sommerdorf. Nayes : none. Abstentions : Tieso. Motion carried four (4) to zero (0) with one (1) abstention. 34-70-B 313 Harrison St. Mr. & Mrs . Walter Wolynsky by D. D. Wozniak SUBJECT: Letter dated April l, 1970 to Mr. D. D. Wozniak, 538 Minnesota Bldg. from Robert L. Ames , City Architect refusing a permit to cover an existing pigeon loft erected without a permit and presently in violation of the St. Paul Building Code. APPEARANCES : Mr. & Mrs. Walter Wolynsky, D. D. Wozniak. PROCEEDINGS : Mr. Wozniak explained that the Wolynaky's will build a proper and permanent structure to house the pigeons when it is known exactly where the Highway Department is going to build an access road and entrance to the property in question. The High- way Department had destroyed a combination garage, shed and pigeon loft in obtaining a portion of land for a highway . . . Mr. Blue said the matter had been brought to the attention of Action Line on three separate occasions . . . Mr. Staffenson said the Bureau of Health inspections of the loft reveal that the pigeons and cages are kept in a clean manner. ACTION: Mrs . Sommerdorf moved that the pigeon loft be allowed to remain as is until such time as the location and entrance of the access road is determined at which time a period of ninety days ' extension of time be granted to allow construction of a pigeon loft which shall in all respects conform to the current St. Paul Building Code. Seconded by Peake. THE VOTE: Ayes : Cohen, Grove , Peake, Sommerdorf, Tieso. Nayes : none. Abstentions : none. Motion carried five (5) to zero (0) . 38-70-B 796 Ashland Ave. Harry Gutowich y Robert F. Lydon SUBJECT: Letter dated April 6 , 1970 to Harry Gutowich, 2001 Worchester from Robert L. Ames , City Architect, concerning a Certificate of Occupancy for a 3 unit apartment at 796 Ashland. � APPEARANCES : Mrs . Harry Gutowich, Robert F. Lydon. - 4 - . � � . s/2�/�0 . Meeting No. 32. PROCEEDINGS : Mr. Lydon explained that the apartment to the rear on the second floor was rented to two men while the apartment at the front on the second floor was rented to one adult for approx- mately one-half a year at a time . All three individuals share one bath on the second floor. ACTION: Moved by Sommerdorf to waive the requirement of Section 54 . 11 of the St. Paul Legislative Code that each dwelling unit have its own bathroom in order to permit sharing of the bathroom located on the second floor of 796 Ashland. Such waiver is to be granted on condition that said bathroom be shared by no more than three tenants and that at such time as the property at 796 Ashland be sold or the ownership transferred, said waiver is nullified. Seconded by Cohen. THE VOTE: Ayes : Cohen, Grove, Peake, Sommerdorf, Tieso. Nayes : none. Abstentions : none. Motion carried five (5) to zero (0) . 39-70-B 1958 Bayard Ave. Robert J. Gumnit SUBJECT: Letter dated May 8, 1970 to Mr. Harvey Bream, 1388 W. 7th Street from Glenn A. Erickson, Assistant City �Architect, concerning denial of a building permit to attach a garage to the main residence building at 1958 Bayard Ave. APPEARANCES : Harvey Bream. PROCEEDINGS : Mr. Bream explained that the purpose of the request for a covered portico between the house and the garage is to provide protection from the weather and security in the evenings . It was pointed out that such an addition would enhance the value of the property. He said the neighbors would not be infringed upon by such an addition." Mrs . Sommerdorf said she felt such addition would lower the available amount of green area to some ' extent. � ACTION: Moved by Sommerdorf that Section 33.04-2 of the St. Paul Legislative Code concerning minimum rear yard clearance be waived to allow construction of a portico between the house and garage at 1958 Bayard as proposed and indicated by the plans . 5econded by Tieso. THE VOTE: Ayes : Tieso, Grove , Peake , Sommerdorf. Nayes : none. Abstentions : none. Motion carr'ied four (4) to zero (0) . 42-70-B 83 "B" Street Raymond K. Kenow � SUBJECT: Letter dated May 20 , 1970 to Mr. Thomas Anderson, Board - 5 - � ' , s/2�/�0 , • � Meeting No. 32 of Appeals from Robert L. Ames , City Architect. Permit was not allowed to construct a single family dwelling at 83 "B" Street as the plans indicated two openings from the attached double garage to the rest of the dwelling. APPEARANCES : Raymond K. Kenow. PROCEEDINGS : Mr. Kenow explained that the purpose of the two openings was to alleviate traffic flow. One entrance is to go into the base- ment and the other into a family room. The house is contracted to be built and must be ready for occupancy by August l, 1970 . Mr. Blue commented as to what hazards are involved with 2 separate doorways leading to dwelling from the garage. ACTION: Moved by Cohen to deny the appeal. Seconded by Peake. THE VOTE : Ayes : Tieso, Grove, Peake, Sommerdorf. Nayes : none. Abstentions : none. Motion carried four (4) to zero (0) . � 31-70-H 241-249 South Western Edward Weger PRIOR HEARINGS : Meeting No. 30 , April 22 , 1970_ Meeting No. 31, May 13 , 1970, SUBJECT: Letter dated March 18, 1970 to Ed Weger, 1276 Randolph, from Harold J. Yannarelly, Supervisor - Housing Code Section, Bureau of Health, concerning Housing Code violations at 241 South Western. APPEARANCES : Mr. & Mrs. Edward Weger. PROCEEDINGS : Mr. Weger said the . apartments were not large enough to accommodate bathrooms. When he bought the building it was legal to allow 21 dwelling units to share 8 bathrooms . Since the recent changes in the Housing Code , each dwelling unit is to have its own bathroom. There are a total of 19 units in the building - 8 two room apartments , 10 three room apartments and 1 six room apartment. Presently 11 tenants share 4 bathrooms . ACTION: Moved by Tieso to waive the requirement of Section 54. 11 of the St. Paul Legislative Code that e�ch dwelling unit have its • own bathroom in order to permit sharing of certain bathrooms at 241-249 South Western. Such waiver is to be granted on condition that no more than eleven tenants share four bathrooms and that at such time as the property at 241-249 South Western be sold or the - 6 - . _ ' , 5/27/70 � � Meeting No. 32 Ownership be transferred, said waiver is nullified. Seconded by Cohen. THE VOTE: Ayes : Cohen, Grove, Peake, 5ommerdorf, Tieso. Nayes : none. Abstentions : none. Motion carried five (5) to zero (0) . 23-70-B 107 Virginia Ave. Mrs. Mary Sulikowski by Hyman Cohen PRIOR HEARING: Mtg. No. 28, March 25, 1970. SUBJECT: Letter dated March 4 , 1970 to Mr. Tom Anderson, Board of Appeals , from Glenn A. Erickson, Assistant City Architect, re- garding a proposed third floor occupancy at 107 Virginia. Other letters introduced by the Bureau of Public Buildings dated July 20 , 1966 and April 14 , 1966 concerning a third floor occupancy on the property at 107 Virginia. � APPEARANCE5 : Mrs . Mary .Sulikowski, Hyman H. Cohen, daughter of Mrs. Mary Sulikowski . PROCEEDING5 : A reinspection report of the Bureau of Health dated May 21, 1970 was submitted. . . Mr. Blue stated that a reinspection of the premises by the Bureau of Public Buildings revealed that about $500 worth of structural repairs had been done since the last inspection. Hyman Cohen said the back s"tairway from the third floor ends in a tenant' s apartment on the first floor. Mrs. Sulikowski 's daughter said the third floor would be used for sleeping purposes only. Mrs . Sulikowski said there were presently 2-1/2 bathrooms on the first floor, 2 full bathrooms on the second floor and 1 full bathroom on the third floor. ACTION: Moved by 5ommerdorf to waive Section 54 . 11 of the St. Paul Legislative Code that each dwelling unit have its own bathroom for the property located at 107 Virginia Ave. Such waiver is to be granted on condition that no more than five tenants be allowed to share one bathroom and that no more than four tenants be allowed to share one-half a bathroom on the first floor and that no more than four tenants be allowed to share one bathroom on the second floor. Such waiver is to be granted until such time as the property at � 107 Virginia Ave. be sold or the ownership transferred at which time said waiver be denied. Further moved by Sommerdorf that the request to be allowed third floor occupancy at 107 Virginia Ave . be denied. Seconded by Peake. - 7 - . s/2�/�o , • ` Meeting No. 32. THE VOTE: Ayes : Grove, Peake, Sommerdorf, Tieso. Nayes : none. Abstentions : Cohen. Motion carried four (4) to zero (0) with one (1) abstention. Meeting adjourned at 5 :15 p.m. �'-�--� �w o,.....�..�.�.._,_._ Thomas W. Anderson Recording Secretary - 8 - � . � �o��,�,n,��,� 249`3'� CITY OF ST. PAUL �E NCIL NO OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM PIt�ENT��T COMMISSIONE� �ATE RESOLVED, that the Council hereby ratities and ap- proves the action of the Board of Appeals pertaining to the following listed properties as shown by the official minutes of said Board of Appeals dated May 27, 1970, a copy of which, marked EXHIBIT "A" is attached hereto and made a part hereof by reference. CASE NO. PROPERTY APPELLANT 34-70-8 313 Harrison St. !�ir. & :�irs. Walter Wolynsky by D.D. Wo zn�c 39-70-B 1958 Bayard Ave. Robert J. Gumnit JUN 161910 COUNCILMEN Adopted by the Counc� 19_ Y� xa� J�N i 6 1970 But�� Carlson • Approv� 19— Levi.ne T*+ Favor � Sprafka � Mayor A galIIgt Tedesco ....�"�.l�.'� � . .. . �� . Mr. Vice Psesideat �--� �°�