251705 /r �
OR161NAL TO CITY CL6RK �j/52��.■
CITY OF ST. PAUL couNCa "
• OFFICE OF THE CITY CLERK ��E NO.
C UNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE � DATF
RE50LVED, That the Council hereby ratifies and approves
the action of the 5aint Pau1 Board of Appeals and Review for
the Housing, Building and Fire Prevention Codes pertaining
to the tollowing listed properties and as shown by the o�ficial
minutes of said Board o£ Appeals dated December 9, 1970, a
copy of which, marked EXHIB�T "A" is attached hereto and made
a� part hereof by reference:
Case No. Propert� Appellant
105-70-B 420 Holly Ave. Isabella Capser
97-70-H 2176 Scudder Harvey Kaplan
by Irving Rein
100-70-H 1248 Hubbard M.G. Hathaway Co.
101-70-H 438 Laurel Ave. James Klinkner
Apts. "A" & "B" by John C. Rowland
106-70-B 666 Fairmount Ave. J. Clifford Janes
by David J. Spencer
104-70-B Torres de San Miguel
Homes Znc.
Robert & De��� 5treets Stanley Fishman
107-70-8 2058 Kasota 5t. 5t. Paul Ready Mix
by Eugene F. Bauer
_ I�EC 2 9 1�J7�
COUNCILMEN Adopted by the Counci� 19—
Yeas Nays ��� � 9 1'7'�
Butler
Caxlson pp e� 19—
Levine
n Favor
Meredith
Sprafka � yor
A gainst
Tedesco FORM AP_PROVED.
Mr. President, McCarty 4 •
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�pN ?' 1g7 Asst. Corporatio Couns
PUBLISHED ��
��� /�� Meeting�Noh/43
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MINUTES OF THE MEETING
SAINT PAUL BOARD OF APPEAI�S
Wednesday, December 9 , 1970
Room 210 , Bureau of Health, 555 Cedar St. , - 1:30 p.m.
Members present : Lawrence Cohen, Chairman
Estyr Peake
Gale Rehnberg
Norma Sommerdorf
Arthur Tieso'
.7ames Voigt
Members absent: Raymond Grove
Others present : Bill McCausland, Margaret Christison, Dr. Paul
Cox, Ward Harkness , Glenn Erickson, Thomas Anderson, Ronald K.
Fletcher, Mr. and Mrs . Leo W. Capser, Mr. Copeland, Mrs . Walter
Schoewe , M. G. Hathaway, James Klinkner, �7ohn C. Rowland, Rabbi
Solomon Miller, David Spencer, J. Clifford Janes , Stanley t?ishman ,
Eugene Bauer.
The minutes of the meeting of November 18, 1970 were approved
as amended.
Recommendation Re : 1236 Hubbard
lt was suggested that Mrs . Christison act as an intermediary
between the Bureau of Health and the Coffins in an attempt to
get some of the lumber in the yard up off of the ground.
98-70-B 419 Beacon St. Ronald K. F1E�tchPr
PRIOR HEARING: Meeting No. 42 , November_ 18, 1970 .
SUBJ�CT: "Order to Vacate" and "Notice of Condemnation" dated
November 19 , 1970 from the Bureau of Health to Ronald I�letchc�r,
1508 Van Buren, regarding an il.legal cellar occupancy at 419
Beacon St.
APPEAR.ANCES : Ronald K. Fletcher.
PROCEEDINGS : Mr. Cohen read the reinspection report ot the Bureau
of Public Buildings dated December 2 , 1970 and the Inspection re-
port of the Bureau of Health dated December 8 , 1970 . It was
agreed that the appeal was limited to the basement apartm,�nt.
1 EXHIBIT "A"
, � �2/9/�a
Mceting N�. 43
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Mr. Fletcher explained that the present tenant had just ITIAVt'.Cj out
and that the basement apartment was vaCant.
ACTION: Moved by Cohen to waive Sections 34 .01, 54 .07 and 54 . 13 (9)
of the St. Paul Legislative Cade that no space in any cellar be
used for sleeping purposes . Such waiver is to be granted to all.ow
occupancy of the existing basement apartment and shall be qranted
only on condition that all fire ratin_q and ventilation requir�ments
of the St. Paul Legislative Code be complied with in the basc�rn�nt
apartment. Said apartment is to remain vacant until compliance
is attained. Finally moved that said waiver be granted for only
as long as Mr. Fletcher owns the property.
Seconded by Sommerdorf.
THE VOTE : Ayes : Cohen, Peake, Rehnberg, Sommerdorf, Tieso, Voiqt.
Nayes : none. Abstentions : none. Motion carried six (6) t�
zero (0) .
105-70-5 420 Holly Ave. Isabella CaJ�ser
SUBJECT : Letter dated December 7 , 1970 to Isabella Canser, 420
Holly Ave. , from Rok�ert Ames , City Architect, indicating that
after a permit had been issued to construct a garage, the p�operty
had been inspected and another garage was found on the Premise�.
City ordinances allow only one garage per lot and therefore the
existing garage would have to be removed.
APPEARANCES : Mr. and Mrs . Leo W. Capser, Mr. Copeland.
PROCEEDINGS : Mr. Cohen read the subject of appeal and the ��.ppeal
which was dated December 5 , 1970 requesting a variance on the basis
of hardship and explaining that there were problems with space
limitations . . . The two lots , 420 and 426 Holly, owned Uy
the Capsers , have �been combined and therefore constitute one l.at
for all purposes . That is the reason two accessory buildings would
be in violation of the St. Pau1 Building Code .
ACTION: Moved by Voigt to waive Section 40-1C of the Saint Paul
Legislative Code which permits only one accessory buildinq p�r
lot. Such waiver is granted in order to allow the �xistinq ac-
cessory building to remain along with the newly canstructed
garage on the premises .
Seconded by Tieso.
THE VOTE : Ayes : Cohen, Peake, Rehnberq, Sommerdorf, , Tieso, Voic�� .
Nayes : none. Abstentions : none. Mation carri�d �ix (G) to
zero (0) .
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• ].2/9/7Q
'� Mecting Na. 43
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97-70-H 2176 Scudder St. Harvey Ka�lan
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Irving Rein
SUBJECT : Letter dated February 16 , 1970 to Harvey Kaplan, 2819
Glenhurst, St. Louis Park, from the Bureau of Iiealth , indicating
numerous Housing Code deficiencies on the property located at
2176 Scudder.
APPEARANCES : Irving Rein.
PROCEEDINGS : Mr. Cohen read the appeal dated November 9 , 1970
which, in essence, stated that it would be an economic h�rdship
for Mr. Kaplan to lose the rental income from the basement
apartment. . . . Mr. Rein questioned whether th� an�rtment
was indeed 50� below grade . . . . The appeal is limiteci to
the illegal basement occupancy. . . . Mr. McCausland in-
dicated that the grade varied from north to south . . . . The
real problem is that all three rooms are short of window space ,
being less than 10$ of the floor area in each case. .
The apartment was vacant when it was inspected on December 8,
1970 . . . There is a shower in the laundry area of tlie basement.
ACTION: Moved by Tieso to waive Sections 34.Q1 , 54 .07 and 54 . 13 (4)
of the Saint Paul Legislative Code that no space in any cellar
be used for sleeping purposes . Such waiver is ta be grantecl to
allow occupancy of the basement apartment and shall be grantec�
only on condition that the existing bedroom be converted ta a
bathroom; that the wall between the kitchen and living room be
xemoved; and that additional and continuous window space be pro-
vided between the present kitchen and living room.
Seconded by Peake.
THE VOTE : , Ayes : Cohen, Peake, Rehnberg, �qnunerdarf, Tieso, Voigt.
" Nayes : none. .Abstentions: none. Motion carried six (6) to
zero (0) .
99-70-H 838 Case Ave. Mrs . Wa1t�r Schoewc
SUBJECT: Letter dated Apri1 14 , 1970 to Mrs. Walter Schoewe,
1176 E. Orange St. , fram the Bureau of Health indicating five
Housing Code deficiencies on the property at 838 Case Ave .
'i APPEARRNCES: Mrs. Walter Schoewe.
PROCEEDINGS : Mr. Cohen read the appeal dated November 23, 197p
which indicated that items 2 - 4 in the subject of appeal could
not be complied with.
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•� Mr�tin<� Nc� . 4 3
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Mrs . Schoewe explained that the present tenants are ho��inq t:c�
purchase the house as soon as they can get a down paymc±nt . .
A cost estimate to raze the garage was $300 and a cost estimr�t;c� •
to repair the qarage was $800 . . . . The tenants nc�e�cl thc�
use of the garage at the present time. . . . Mr5 . Sornmc�rcic,►-f
stated that the praperty was in excellent conditi�n, in ��<,ric�t-,j 1 .
ACTION: Unanimously aqreed to carry the matter. avc�r to t_hc� nr,xt:
meeting of the board at which time the Builciing nenartment: rc���c�rt
its findings as to the condition of the qaragc� .
100-70-H 1248 Hubbard M. C; Hathaw�� (.'c�.
SUBJECT: "Notice of Condemnation" and "Ordcr to Vac�ztc�" d,�tc�rl
December 7 , 1970 , concerning the dwelling and prc�mises .1t 72.4£t
Fiubbard.
APPEAR.ANCES : M. G. Hathaway.
PROC��DINGS : Mr. Cohen read the app�al d.ated November 25 , 1�'7�
requesting an extension of time to vacate the �r.emiscs . .
Mr. Hathaway stated that he wished the vacate datc� extencif�d � •
until spring because of the cold weather. . . IIe :;�tiri I�c�
would then be in a position to repair the premises .
ACTION : Moved by Cohen to extend the vacate date to 1��>r. il 3� ,
1971.
Seconded by Peake.
THE VOTE : Ayes : Cohen, Peake, Rehnberg, Sommerclorf. , Tic:�so, Voi r�t .
Nayes : none. Abstentions : none. Motion c�zrried aix (6) �c�
zero (0) ,
101-70-H 438 Laurel Ave . , James Klinkncr.
Apts • ��A � & ��B�� �—
John C. Rc�wl.,�nrl
SUBJECT: "Notiee of Condemnation" and "Orc�er to Vacate" cic�t:c�rt
tloveml�er 9 , 1970 , concerninq the dwell.ing and pr.�mis�s of 43£;
Laurel Ave . , units A and B only.
APPEARANCFS : James Klinkner, John C. Rowlanci.
PROCEEDINGS : Mr. Coh�n read the application for a����c��t1 <1<tt��cl
November 25 , 1970 stating that the order of Novemt�-r_r 9 , l�)7�)
will cause financial hardships and that the own�r Grish�s �,�� f"-
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. 12/9/70
Meeting No. 43
� ficient time to conform to proper Co�e. Mr. McCausland said the
basic problem is that the ceilings are 7 ' instead of the required
7 ' 6" . The rents are $70 a month. . . . There is presently one
person in each apartment. . . . Grade is approximately 5 '
from floor level. There is approximately 2 ' from grade to
c�iling. , , , The windows are approximately 28" wide by 20 "
high. . . . Mr. Klinkner has a bid to grade the outside ta
conform with code. This would be done in the spring.
ACTION: Moved by Tieso that cantinued occupancy of the basement
apartments, units "A" and "B" be allowed on condition that the
window areas in the units b� sufficiently increased to conf.orm
with the Housing Code and that the necessary amount of grading
be performed to accomplis�. this . Further moved that Section
40-01 (b) of the Saint Paul Legislative Code be waived rec�uiring
a 7'6" ceiling heiqht to permit the present 7 ' ceilings to
remain. Finally moved that the placards be removec�.
Seconded by Rehnberg.
THE VOTE : Ayes : Cohen, Peake, Rehnberg, Sommerdorf, Tieso,
Voigt. Nayes : none . Abstentions : none. Motion carried
six (6) to zero (0) .
102-70-H 615 St. Peter St. Rabbi Solomon Mi11er
Gopher Apartments
SUBJECT: Letters dated April 23 , 1970 and September 19 , 1969
to Rabbi Miller, 1195 Lincoln, from the Bureau of Health settinq
forth Housing Code deficiencies at 516 St. Peter St.
APPEARANCES : Rabbi Solomon Miller.
PROCEEDINGS : Mr. Cohen read the appeal dated November 29 , 1970 ,
requesting a waiver of the requirement that each dwelling unit
have its own bathroom. Rabbi Miller is requesting that he be
allowed to operate the building as is until he is able to dis-
pose of the property. . . Rabbi Miller stated that certain
items had been repaired�since the Heal.th Department last in-
spected the building. He read a letter that he had just received
from the Housing and Redevelopment Authority indicating that
the property is being considered for acquisition in 1971 . . .
Mr. Erickson reported that all Building C�de deficiencies haci
been corrected with the exception of the venting.
ACTION: Unanimously agreed that the ma�ter he carried over to
the next meeting of the Board to give the Health Department a
chance to see what items have been corrected since its last
inspection of the premises .
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12/9/70
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' Meeting No. �3
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106-70-B 666 Fairmount Ave. J. Clif.ford Janes
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David J. Spencer
SUBJE�T: Letter dated November 24 , 1970 to Mr. Norman Dupr�,
Dupre Construction Co. , 535 E. Cottage St. £rom Glenn A. Erickson,
Ass 't. City Architect, indicating that a permit for enlargement
and attachment of the garage to the dwelling cannot be issued
as Section 40 .00-1A of the Legislative Code which states that
when a garage is constructed as part of a dwelling, the enti.rc
structure becomes the dwelling unit and all parts of the unit
are required to meet the setback and yard requirements of the
code.
APPEARANCES : J. Clifford Janes , David J. Spencer.
PROCEEDINGS: Mr. Cohen read the Application for App�al dated
December 7 , 1970 indicating that the garage presently abuts the
sidewalk on the east side of St. Albans St. along which there
are no residences facing either side of the street. There are
presently five two-car garages along that block on St . Albans .
ACTION: Moved by Cohen to waive Section 40 .00-1A of the Saint
Paul Legislative Code to allow enlargement of the garage and
attachment of it to the dwelling as proposed.
Seconded by Peake .
THE VOTE: Ayes : Cohen, Pea)�e, Rehnberg, Sommerdorf, Tieso, Voigt .
Nayes : none. Abstentions : none. Motion carried six (6) to
zero (0) .
104-70-B Torre de San Mi�ue1 Homes , Inc. Stanley Fishman
Robert and Delos Streets
SUBJECT: Letter dated December 8, 1970 to Stanley I'ishman,
5tanley Fishman Associates , Inc. , 348 North Prior, from Glenn A,
Erickson, Ass 't. City Architect, indicating that a revi�w of the
plans for the project reveals that due to the size of the wood
frame dwellings , self-supporting fire walls continuous thraughout
all stories to and above the roof would be required i,n accordanc�
with Sections 4.06 and 9 . 10 ot the St. Paul Leqislative Code.
Section 9 . 11 of the Legislative Code requires parap�ts to bP a
minimum of 8" thick and a minimum of 2 ' above all points of �he
roof.
APPEARANCES : Stanley Fishman.
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1"L/9
' � Meeting No. .43
PROCEEDINGS : Mr. Cohen read the appeal dated December 3 , 1970 ,
requesting a waiver of the items nqted in the subject of appeal ,
by substituting parapets and concrete block walls with fireproof ,
stud wall partition to the bottom of the roof deck �and fire guard �
type sheet rock several feet on both sic�es of the stud wall applied
to the bottom of. the deck. . . Mr. Erickson said that the �
� request to eliminate the parapets is reasonabTe but that Mr.
Fishman's proposal to substitute concrete block walls with sheet ,
rock partitions does not provide an "independent structure" for �
fire protection which is felt is essential.
, ACTION: Moved by Cohen to waive Section 9 . 11 of the Saint Paul
Legislative Code to allow the firewall to terminate at the under-
side of the roof sheathi�ng provided �he roof has at least a one-
hour fire resistance rating for a width of not less than 5' on
each side of. the firewall termination.
Seconded by Voigt.
THE VOTE: Ayes : Cohen, Peake, Rehnberg, Sommerdorf, Tieso, Voigt.
Nayes : none. Abstentions : none. Motion carried six (6) to
. zero (0) .
107-70-B 2058 Kasota St. St. Paul Ready Mix
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' Eugene F. Bauer
, SUBJECT: Letter dated December 8 , 1970 to Thomas Anderson, Board
of Appea�s , from Robert L: Ames , City Architect, indicating that
, application has been made for a building permit to construct a
pole-type storage building on the property. The proposed
, building exceeds the 5,000 square feet allowed under Section •
, 4.06-1 of the St. Paul Legislative Code.
The matter was referred to the Board of. Appeals even though the
Commissioner could grant a variance on the ground coverage. .
APPEARANCE5 : Eugene F. Bauer
� PROCEEDINGS : Mr. Cohen read the appeal .dated December 9, 1970 . .
. . Mr. Bauer presented pamphlets illustrating the type of •
. . ,building which is proposed to be built. He stated that the:
bui,ldinq. would cover, about 12 ,000 square feet of space. ,
, ACTIONc Moved by Cohen to waive Section 4.06-1 of the St. Paul
Legislative Code to permit construction �of the pole-type storage
building as proposed.
Seconded bp Rehnberg. � �
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. ' 1.2/9/70
� Meeti.n<.� Nc�. 43
THE VOTE: Ayes : Cohen, Peake, Rehnberg, Sommerc�qrf, Tir_so, Voir�t: ,
Nayes : none. Abstentions : none . Motion carr.ied six (G) t.o zero
(0) .
Meeting adjourned at 4 : 10 p.m.
' /��.�r...d.� "W G�....�..•,.,.�Cr-�.,.--..
Thomas W. l�nc�er.son �� �
Recordinq S�cretary
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DUlLICATi TO INtIMRR ���_`
' CITY O� ST. PAUL �oNa� NC�� �v
�: OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
�r�T�c�r
COMMISSIONER DA'�
RE50LVSD, That the Council hereby ratifies and approves
the aetion of the Saint Paul Boa�rd of Appeal� and Review for
�the Housing, Building and Fire Prevention Codes pertaining
to the follawing listed p�operties and as shown by the official
minutes of �aid Board of Appeals dated December 9, 1970, a
copy of which, marked EXHIBIT "A" is attached hereto and made
a part hereof by reference:
Case No. Property Appellant
105-70-B 420 Holly Ave. Isabella Capser
97-70-H 2176 Scudder Harvey Raplan
' by Irviag Rein
100-70-A 1248 Hubbard M.G. Hathaway Co.
101-70-H 438 Laurel Ave. James Klinkner
Apts. "A" & "B° by John C. Rawland
106-70-8 666 Fairmount Ave. J. Clifford Janes
by David J. Spencer
104-70-B Torres de San btiguel
Homes Inc.
� Robert & Delas $treets 5tanley Fishman
107-70-B 2058 Kasota St. St. Paul Ready Mix
by Eugene F. Bauer
COUNCILMEN Adopted by the Counc�E� 2 9 ��Q 19_
Yeas xays �C 2 9 197�
Butler
Carlson ' Approv�l 19_
Levine
rn Favor
Meredith
Sprafka � �
A orninat
Tedeaco
Mr. President, McCarty
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