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05-385Council File # �S'3 D S Green Sheet # 3026242 RESOLUTION OF SAINT PAUL, MINNESOTA Presented Referred To Couunittee Date BE TT RE50LVED, that the Council of the City of Saint Paul hereby certifies and approves the March 29, 2005, decisions of the Legislative Hearing Officer on Appeals of Letters, Conection Notices, and Correction Orders for the following addresses: Properiv Appealed Avpellant 134 Cook Avenue East Donald R. Rasmussen Decision: Laid over to the May 3, 2005, Legislative Hearing. 2137 Temple Court Timothy C. McNamara Decision: Vehicles will be removed by April 15, 2005, and the property will be brought into compliance by July 1, 2005, as stipulated on the Correction Order dated Mazch 9, 2005. Yeas Nays Absent Benanav ✓ Bostrom � Aarris � Helgen � Lantry ,/ Montgomery ✓ Thune ✓ s' � a Requested by Department of. � Form Approved by City Attorney � Approved by Mayor for Submission to Council � B Adopted by Council: Date �0✓ � Adoprion Ce � ed by C� ncil Secretary BY� �� /��. `.�to _ zo `Date: ��„ � �_ . � .._ _.... __ , _ _ .. . �� �.i� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DeparhneM/office/council: Date inifiated: co -���� �_,�R� Green Sheet NO: 3026242 CoMact Person 8 Phone• DeoartrneM SeM To Person Initial/Date Marcia Mcertnond � 0 a d1 266-8560 p�� 1 ou cil De rtment Di ector Must Be on Council Agenda by (Date): Number Z • Clerk For Routing 3 Order 4 5 Total # of Signature Pages _(qip Ail Locations for Signature) Action Requested: Approving the decisions of the I,egislative Hearing Officer on Appeals of Letters of Deficiency, Correction Orders, and Cortec6on Notices on 134 Cook Avenue East and 2137 Temple Court. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following 4uestions: Planning Commission , 1. Has ihis persoNfirm everworked under a contract forthis tlepartment? CIB Committee , Yes No Civil Service Commission , 2. Has this personffirtn ever been a city employee? Yes No � 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No � ' F�cplain all yes answers on separate sheet and attach to green sheet � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): , AdvantaqeslfApproved: COUIlCII �£3S��Ch � � APR 2 2 20U5 Disadvantaqes If Approved: . . � . � � .. .-..w>�.;.� � ,.... .. , �l . . � . -� Disadvantage5 If Not Approved: Total Amount of CosURevenue Budgeted: � Transaction: Fuoding Source: AetiviN Number: . Fi nancial Information: � (Explain) \ �� ZO C� S NOTES OF THE LEGISLATIVE HEARING APPEALS FOR LETTERS OF DEFICIENCY, CORRECTION NOTICES, AND CORRECTION ORDERS Tuesday, Mazch 29, 2005 Room 330 Courthouse Marcia Moermond, Legislative Hearing Officer Room 330 Courthouse, 15 Kellogg Boulevard West The hearing was called to order at 2:09 p.m. STAFF PRESENT: Steve Ubl, License, Inspections, Environmental Protection (LIEP) Appeal of fence variance at 134 Cook Avenue East; owner: Donald R Rasmussen. The following appeared: Donald Rasmussen, owner; and Anthony Deguerre, 2469 University Avenue West, owner's attorney. Marcia Moermond stated this is an appeal of a fence variance denial. Staff does not allow people to install a fence contrary to what the law indicates. Steve Ubl reported that he went out on a fence inspection, and one was being erected. It was taller than the fence ordinance allows in the front of the home. Mr. Ubl told them that on noncorner lots, fences cannot be taller than four feet in the front He denied the request to have the fence higher than that. The Building Official needs to find the site, terrain, or nuisance animal condition warrants waiver of the height restriction. None of those occurred. The request is asking for a six foot high fence. (Ms. Moermond asked to see a copy of the original application for the fence.) Mr. Duguerre stated Mr. Rasmussen has lived at the home for 40 years. The neighbors currently fling hundreds of cigarette butts into his yard, arange peels, pop cans. There is a light set up at the house so that when he comes and goes, it turns on and is blinding. Also, the neighbors have loud parties at wee hours of the morning. The neighbors aze Hmong and their English is limited. At one point, there was large construction materials thrown into Mr. Rasmussen's yard, he pointed to it, and the kids got it. There is no bad blood between the neighbors. Mr. Rasmussen is an easy going man. This fence is the shortest way to end ttus nuisance. Marcia Moermond stated she has trouble with the diagram. She asked how the fence sits on the site with respect to the house. Mr. Rasmussen responded it is just the entire west side of the house. Ms. Moermond stated they are looking for a variance from the front west corner forward to the sidewalk. That should be six feet instead of four feet. Mr. Rasmussen responded yes. It is a white vinyl privacy fence, solid to the top. OS-��S LEGISLATIVB HEARING NOTES FOR MARCH 29, 2005 Page 2 Ms. Moermond asked where the problems have been and what is on the eastern part of the neighbor's front yazd (abutting his yazd). Mr. Rasmussen responded the problems have been from the front to the back. The eastem part has a walkway. There are cigazette butts in the neighbor's yard as well as his. He likes to keep his yard clean, and he does not like noise at night. Also, the light comes on every fime he enters and leaves the house. He is not against the motion detecting light, but not in his face. It is a fixed light and very bright. Ms. Moerxnond asked is it owner-occupied. Mr. Rasmussen responded he assumes it is owner- occupied because there is more than one family in there. They come and go as they please and all through the night. Ms. Moermond asked where aze his sleeping quarters. Mr. Rasmussen responded right directly under the light. Ms. Moermond stated she would like to talk to the ward office, which represents this area. They have good relationships in the Hmong community. Perhaps there is a gentle way to handle this. She senses the owner does not want trouble with the neighbors. Maybe they can resolve this without having a fence vaziance. As for the noise, the district council could act as an intermediary. Other neighbors are affected by this. ' Ms. Deguerre stated he subpoenaed a neighbor, Ronald Fisher, to appear today. Ronald Fisher, 120 Cook Avenue East, appeared and stated his next door neighbor complains about the same thing: she finds hundreds of cigarettes thrown into her yard. There has been an issue about gazbage and stuff sitting out back. She has called the State to pick up the trash. She says she is going to come down and start talking to someone. She cannot stand the noise. Mr. Fisher is four houses from the neighbors. He has lived there for 40 years. There is never a place to park. Mr. Deguerre offered his assistance to facilitate things with his client, the contact person, etc. Mr. Fisher stated the whole kitchen lights up from the camera. Ms. Moermond stated there are shielding things that can be used to keep the light on the property it should be on. Ms. Moermond laid this over to the April 19 Legislative Heazing. Appeal of Correction Order at 2137 Temnle Court; appellant: Timothy C. McNamara. Timothy McNamara, owner, appeared. Marcia Moermond explained this is a Correction Order. ��3�� LEGISLATIVE HEARING NOTES FOR MARCH 29, 2005 Page 3 John Betz reported his office issued an order on 3-5-OS for two vehicles parked on an unapproved surface. (Mr. Betz showed photographs of the vehicles. Mr. McNamara showed photographs also.) Mr. McNamaza stated the only tixne they pazk back there is during a snow emergency, when the streets are being swept. The Volkswagon bus is not driven in the winter. Mr. McNamaza asked how long is the driveway. Mr. McNamaza responded about 20 feet. The cars are about 3 to 4 feet off the a11ey. It is grass right out to the alley. Ms. Moermond stated the owner will have to install Class 5 surface, cement it, or blacktop it. The code is cleaz that a person cannot park their car on grass. She cannot change the code. She can provide a different deadline to come into compiiance with the order. The most affordable solution is gravel. She asked about guidelines to install Class 5. Mr. Betz responded it is questionable. LIEP says three inches of Class 5. The purpose behind the code is that weeds grow, it is a hazborage for rodents, and a good place for litter to accumulate. The area can end up with ruts. Mud gets tracked onto the street. Mr. McNamara asked what is Class 5. Mr. Betz responded it is a gravel-clay mixture. Ms. Moermond added it will stabilize the surface and not allow growth through it. It seems ttuee inches is on the minimal side. It is enough to compact. Ms. Moermond's decision is as follows: Vehicles are to be removed by April 15, 2005, and the property will be brought into compliance by July 1, 2005, as stipulated on the Correction Order dated march 9, 2005. Mr. Betz stated he does not haue to install Class 5 if the cars are not going to be parked there. The hearing was adjourned at 2:49 p.m. rrn