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04-543Council File # OF Presented Referred To Date BE TT RESOLVED, that the Council of the City of 5aint Paul hereby certifies and approves the Apri127, 2004, decisions of the I,egislarive Hearing Officer on Appeals for Letters of Deficiency, Correction Notices, and Correction Orders for the following addresses: Pro e�rtv A�pealed RESOLUTION PAUL, MINNESOTA ty Ap elo lant 1928 Universitv Avenue West Janet Molin, Owner Decision: The owner will obtain a room and board license for the Deficiency List dated Apri15, 2004. 149 Universitv Avenue East Hemant Bhakta for Golab Enterprises Decision: Variance granted to a11ow the windows to be 16 or 18 inehes wide on the Deficiency list dated PRap �9, 2004. "�`s�`` �-�' 1408 Arcade Street Dareen Rued, Appellant Decision: Appeal denied on Deficiency List dated February 24, 2004. 536 Thomas Avenue Julie Ann Doneux, Owner Decision: Appeal denied on the Correction Notice dated April 13, 2004. Yeas Nays Absent Benanau � Bostrom ,� Harris ,i Helgen v Lantry ,� Montgomery � Thune ` � Adopted by Council: Date ���� �D/J� Ado3 By: Appt By: Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � �� DepartneM/office/council: Date Initiated: co ��� ��Y� Green Sheet NO: 3017015 Conqct Person & Phone: De�rtme� SeM To Person InitiaUDate Marcia Mcermond � 0 oun ' Z �' $ �� Assign 1 ouncil De artmentDirecMr Must Be on Council Agenda by (Date): Number 2 • Clerk For Routing 3 Order 4 5 Total # of SignaWre Pages _(Clip All Loeations for Signature) Action Requested: Approving the Apri127, 2004, decisions of the Legislarive Heazing Officer on Appeals of Letters of Deficiency, Correction Notices, and Correction Orders for the following addresses: 1928 University Avenue West,' 149 University Avenue East, 1408 Arcade Street, and 536 Thomas Avenue. Recommendations: Approve (A) or Rejed (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm everworked under a contrect for this department? CB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No ' Explain all yes answers on separate sheet and attaeh to green sheet Initia6ng Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantanes If Approved: DisadvantapeslfApproved: DisadvanWges If NotApproved: � Total Amount of CosURevenue Budgeted: Trensaction: Fundinp Source: Aetivity Number: Financial I nformation: (Explain) Oy-5�13 NOTES OF THE LEGISLATIVE HEARING Tuesday, Apri127, 2004 Room 330 City Hall, 15 Kellogg Boulevard West Mazcia Moermond, I,egislative Hearing Officer The hearing was called to order ab 132 p.m. STAFF PRESENT: Pat Fish and Michael Urmann, Fire Prevention Mazcia Moermond explained that she will be developing recommendations for the City Council to consider. When these addresses go to the City Council, they will be on the Consent Agenda, which means the City Council will not discuss them and there aze no pubiic hearings on these items 1928 Universitv Avenue West Michael Urmann reported the appeliant and the Fire MazshalPs Office have come to an agreement on how to handle this issue. They agree with the interpretation of the appellant that the Court of Federal Regulations for single room occupancy does apply in this case. In order to call it a single room occupancy, the appellant agrees that they will obtain a license for room and boazding as required by city ordinance and obtain a nonconforming use permit to call it a single room occupancy under the zoning code. Then, Fire Prevenfion will work with the appellant to bring the property into compliance. The appellant also has to get the gas lines compliant. Jack Molin, owner, appeared and stated he questions the fact that the ovens need to be removed from the rooms, as they have been there a long time. There was past history on this. In there discussions with Mr. Urmann, they came to an understanding that they needed to follow through with licensing requirements. Janet has taken over part ownership of the building. Her mother used to manage it. One of the things they have learued is that it should haue been licensed long ago. Ms. Moermond asked have they met an accommodation on all points. Mr. Molin responded they had discussion on minor issues that had to do with tenants and the commercial space. They are trying to be sure that the tenants aze not put out in the cold. There are 13 units. Are there any 6melines, asked Ms. Moermond. Mr. Urmann responded that his office will work with the appellant. The order issued is inconect. Fire Prevention's interpretarion of the code was different than it is now. They have been given new information, and the Fire Mazshall has changed his opinion of the code. Basically, as soon as it meets the requirements, the properry would be in compliance. Ms. Moerxnond asked could they give a time certain for addressing this. Mr. Molin responded they have already taken steps to get compliance. They have been in contact with the licensing office. After today, they will do another inspection. They have the revised order today. There aze some things that verbally he will be addressing. He would like a reasonable amount of time to talce care of this. It should be done in 60 days. O�t-5`13 NOTES OF T'HE LEGISLATIVE HEARING ON APRIL 27, 2004 Page 2 Mr. Urmann stated he will be in contact with Jeff Hawkins from Zoning (License, Inspections, Environmental Protection). When Mr. Hawkins gives the time line, that will be what Mr. Urmann will issue. There aze no life safety issues that need to be addressed. Mr. Urmann would like to get on record that the appellant has agreed to obtain a license for rooming and boazding in a nonconformiug use pernut. That would make the property in compliance with the other order. Ms. Moermond's decision is that the appellant will obtain a rooming and boazding license for the Deficiency List dated Apri15, 2004. 149 Universitv Avenue East Hemant Bhakta, representing Golab Enterprises, appeazed. Pat Fish reported she is supporting the variance. These windows were installed in the year 2000 prior to the adoption of the International Fire Code. In reviewing the exceptions in the fire code, he actually meets the last exception for hotel and motels prior to 1983. The properly is only two inches short on width in windows and four inches short on others. It is a nonsprinklered building, but it still meets that last excepfion. It also has two protected exits at each end of the hall. He does need a variance because the windows were installed, but they were installed under building pernut and signed off. To protect the owner, Ms. Fish suggested he get a variance on it for the life of the building. Ms. Moerxnond stated there needs to be a minimum of 24 inches of openable height and 20 inches of openable width. They would be granting a variance on two ar four inches on the width, so the width would be 16 or 18 inches. Ms. Moermond granted a variance to allow the windows to be 16 or 18 inches wide on the Deficiency List dated Mazch 29, 2004. 1408 Arcade Street (Also heazd on 4-13-04) (The appellant was not present.) Pat Fish reported that she went to the property this morning. She told Doreen Rued, appellant, that she (Fish) was not there to give an extension from the requirement. When Ms. Fish looked at it, she said there was no way to say this is okay. She did measure it, and the square footage is azound 880. The appellant has a couple of options. She has a 12 inch width of passable azea down the center of the front stairway. She has another 12 inches to the left and another to the right for cold storage. Ms. Fish told her if she would ciear off one side, that would give her 24 inches of clearance down the stairs. She could also clear out some of the overhead stuff. The other option is for the owner to close it off to make a closet, so it wouldn't be an exit. The code allows that, but Fire Prevention cannot allow it. Ms. Fish said she is not sure the owner is willing to do that. Even though ttie appellant has been there 20 yeazs, the owner may feel if is an extra expense for him. That is between the appellant and the owner. The building inspector -- ---- - -- - C� - NOTES OF THE LEGISLATIVE HEARING ON APRIL 27, 2004 Page 3 might not approve a permit. Ms. Moermond stated the apartment is 880 square feet wluch means it needs one e�t and it was built with two. Ms. Fish responded if they eliminate any e�ts, they have to get approval from the building official. Michael Urmann added that as long as it looks like an e�t and acts like an exit, it has to be maintained as one. Ms. Fish stated the owner would have to officially close off the outside access. Ms. Moermond stated the appeal is denied. The appellant is not present because, according to Scott Renstrom (Legislative Aide for Council President Bostrom) who spoke to her, the landlord is having new carpet installed, and the appellant feels she needs to be present for that rather than at this hearing. She knows her opfions in order to come into compliance. Ms. Moermond asked how wide the stairwell has to be. There are 12 inches passable right now and 12 inches on each side, so there is a 36 inch wide space. That still falis short of the regulation, which is the full width of the stairway. Ms. Fish responded 36 inches would be the full width of the stairway. Right now the tenant has 12 inches passable with 12 inches of storage one each side. Ms. Fish suggested cleaning out one side of the stairwell to make it passable. She was just there to make suggestions for the appellant. Ms. Moermond told Doreen Rued (appellant) on the telephone that Ms. Moermond had seen the photographs and the situation was not code compliant and that Mr. Rued she was expected to attend the hearing today. It would be a sign of good faith to have some of the storage issues addressed by tt�aY time. Ms. Moermond asked what the inspectors would like to do. Mr. Urmann responded if the appeal is denied, they will go through a lack of enforcement action. It would be a citation or a condemnation. Ms. Moermond denied the appeal on the Deficiency List dated February 24, 2004. 536 Thomas Avenue (The appellant was not present.) Mazcia Moermond denied the appeal on the Correction Notice dated April 13, 2004, as an agreement has been reached between the inspector and the owner. The hearing was adjourned at approximately 2:00. rrn