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04-247Council File # Q - o�y7 Crreen Sheet # 3 � « "g7 RESOLUTION SAINT PAUL, MINNESOTA Presented Referred To Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the January 27, 2004 decisions of the Legislarive Hearing Officer on Appeals for Letters of Deficiency, Conection Notices and Correction Orders for the following addresses: Propertv A�pealed Ap eln lant 33 Hamline Avenue South Reza P. Alizadeh Decision: Saint Paul Fire Prevention will accept a code compliant, commercial fire alarm system installed in lieu of the required second exit from the third level of the building as an approved alternate method of compliance. Saint Paul Fire Prevention withdrew the order. 2175 Bush Avenue Decision: Extension granted for one week . John Lemay (Neighborhood Housing and Property Improvement) 609 Universitv Avenue West Harvey Hoffman (Neighborhood Development Center, Inc.) Decision: Appeal granted. Also, granted an eight (8) square foot variance of the Legislative Code Section 34.13 Occupancy, subsection 3 during the tenancy of this tenant anly through August 2005. Yeas Nays Absent Benanav � Bostrom ,� Harris ,� Helgen �� Lanhy J Montgomery ;� Thune ,i � 1/ Requested by Department of: � Form Approved by City Attomey By: Approved by Mayor for Submission to Council � Adopted by Council: Date /��/��i-� 3, e?dO� � Green oy-a �t� Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Deparhnesrtloffice/wuneG: Date Initiated: co -���,� Z�E� Green Sheet NO: 3012297 CoMact Person 8 Phone: Deoartrne�rt . Sent To Person .. . InitiaVDate Marcia Maertnond � 0 ncil Z668560 Assign 1 ounc� De a entDi ector Must Be on Council Agenda by (Date): Number 2 erk For Routing 3 Order 4 5 Totai # of SignaWre Pages _(Clip AII Locations for SignaWre) Aetion Requested: Agproving the January 27, 2004, decisions of the Legislative Hearing Officet on appeals of Letkers of Deficiency, Coaection Norices, and Cortection Orders for the following addresses: 33 Hamiine Avenue south, 2175 Busb Avenue, and 604 University Avenue West. Recommendations: Approve (A) or Rejed (R): � Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this persoNfirtn ever worked under a contrad for tfiis depaRmenY? C16 Committee Yes No Civil Service Commission 2. Has this person/fiim ever been a city empfoyee? Yes No 3. Does ihis personlfirm passess a skill not normalVy possassed by any ' current city employee? ' ' � � Yes No E�cplain all yes a�uwers on separate sheet and attach to green sheet initiating Probiem, Issues, Opportunity (Who, What, When, Where,lNhy): AdvantapeslfApproved: - DisadvanWpes If Approved: Disadvantages if Not Approved: Total Amount of Cost/Revenue Budgeted: TransacYion: Fuoding Source: Activity Number: Financial Information: (Ezplain) D�1- dy7 NOTES OF THE LEGISLA"I'NE HEARING LETTERS OF DEFICIENCY, CORRECTIOIV NOTICES AND CORRECTION ORDERS Tuesday, January 27, 2004 Room 330 City Ha11, 15 Kellogg Baulevazd West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 130 p.m. STAFF PRESENT: Mike Urmann, Saint Paul Fire Prevention and Jean Birkholz, City Council. 33 Hamline Avenue South Saint Paul Fire Prevention will accept a code compliant, commercial fire alann system installed in lieu of the required second exit from the third level of the building as an approved alternate method of compliance. Saint Paul Fire Prevenuon withdrew the order. 2175 Bush Avenue This item has been granted a one (I) week extension. 609 ilniversity Avenue West The following appeared: Joanna Villone Hicks, Neighborhood Development Corporation, 651 '/z University Avenue, Saint Paul, Minnesota 55104. Mr. Urxnann stated that he never had the opportunity to speak to the appellartt on this. He did, however, speak to the field inspector, who informed him that the issue here is that the sleeping area is not the square footage required by the properry maintenance code. According to the inspector's measurements, the sleeping azea is 62 square feet; according to the appellant's measurements, it's sixty-three (63) square feet. The inspector's contention is that a reconfiguration of the use of the space would meet the intent of the code. Ms. Moermond asked about the square footage of the other room. Mr. U�++ann responded that the living room is more than seventy (?0) squaze feet. He added that it appears that this was built as an efficiency unit with no bedroom; then walls were added later for a smali sleeping room for privacy of the tenant, and that sleeping area is not big enough to meet the code. Ms. Moermond asked if this were a one (1) or two (2) -person sleeping room. Mr. Urmann replied that, according to code, it is not even big enough for one (1). Seventy (70) square feet is required a�-a�� CODE ENFORCEMENT HEAR.ING, 1�0 p.m., Tuesday, January 27, 2004 Page 2 for a single occupant to sleep in. Ms. Moermond asked ifhe knew whether there is one (1) or two (2) occupants there. Mr. Urmann stated that it is his understanding from talking with the inspector, that there is a single occupant on lease but it may be occupied by more. If there are two (2) occupants, the code requirement for a sleeping room is fifty (50) squaze feet per person, which takes it down to 100 square feet for two (2) people. Joanna Hicks appeared on behalf of Neighborhood Development Corporarion. Ms. Hicks explained that there are four (4) apartments above the former Lendways Bar and Restaurant, which has been owned by the same person for about 38 years. The person renting this particular unit has been there foz at least 4'/2 yeazs. The owner was getting Certificates of Occupancy all during that time. The Neighborhood Development Center, Inc, a non-profit organization, located adjacent to Westem Bank on University Avenue, is partnering with Greater Frogtown CDC Model Cities and Legacy Management to re-develop that corner. They were granted developer status on the police station next door to do a new mixed-use development on the northeast corner of University and Da1e that would have 45 new units of housing plus commercial. When Lendways was purchased, the idea was that it they were going to manage the build'ang temporarily until the NDC was able to demolish the building and begin their new in 2004. Then the Mayor began pursuing the Library project on the southwest corner which meant that the project on the northeast corner was bumped to 2005. So, the NDC has had to manage the Lendways Building without originally intending to, for over a year now, and it will have been two (2) yeazs. The NDC has so far put in about $4,QOQ worth of improvements, most of which were safety improvements. Gaven that the building wili be razed next spring and that the occupant has been living there for several years, the NDC is asking for some sort of variance. Ms. Moermond asked Ms. Hicks if she knew the tenant of this unit. Ms. Hicks replied that the tenant is a single man who warks at the senior home on Fairview and University. He's kind of a hard luck case - very sweet, doesn't have a car. It's a perfect space for him. He was a regular of Lendways for a long tune which is why he 3s there. But since the NDC. has taken it over, he has a bank account and has been making regular payments. Ms. Moermond asked whether there was only one (1) person who used the sleeping room. Ms. Hicks responded that there was definitely only one (1) person using the sleeping room. Ms. Moermond stated that she would grant a variance contingent upon only one (1) sleeping person being in that room, and making it time- limited, knowing that the building is coming down. (Let's draft a resolution granting a variance of the Legislative Code Section 34.13 Occupancy, subsection 3. It would be a variance of eight (8) square feet through August 2005). Staff requested an addition: that it would only be during the tenancy of this tenant. Ms. Moermond agreed. Ms. Hicks questioned staff's request. Mr. Urmann explained that he believes the room could be reco�gured to meet the minnnum code standards. It's just that this tenant is using the smaller space as a sleep room. The building was originally constructed as an efficiency unit apartment dy-a�� CODE ENFORCEMENT HEARING, 130 p.m., Tuesday, January 27, 2004 Page 3 with no sleeping room in it. That's why he believes that either the wa11s can be taken down and tumed back into an efficiency apartment if this tenant leaves or the room could be reconfigured to meet the code. Ms. Moermond recommends granting an eight (8) square foot variance during the tenancy of this tenant only through August 2005. The hearing was adjoumed at 1:58 p.m. ! ab