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06-908Council File # �(�' OPJ Green Sheet # 3033130 Presented by_ Referred To Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the August 1, 2006, decisions of the Legislative Hearing Officer on Appeals of Letters, Deficiency Lists, Correction Notices, and Correction Orders for the following addresses: Properry Appealed Apnellant 1172 Bush Avenue Paui Garding Decision: Appeal denied on Deficiency List dated July 12, 2006. 451 Selby Avenue Robert Gausman Decision: Appeal denied on Correction Notice dated July 11, 2006. Yeas Nays Absent Benanav � Bostrom , Harris J Helgen � Lantry ,� Montgomery � Thune � � � Requested by Department of: � Form Approved by CiTy Attomey Approved by Mayor for Submission to Council By: Adopted by Council: Date //f�d</��7iJUG� Adoption Certif�ied by C uncil Secretary By: �rJ//ilu �n i<_SOn Approved by �uiag�or:� Date: 1 � — � ��O BY: � R.c..��fn .� �a RESOLUTION CiTY OF SAINT PAUL, MINNESOTA � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 0�-908 Departrnentloffice/councii: Date Initiated: co �W�.� 27SEP-06 Green Sheet NO: 3033130 Contact Person & Phone- ���eM Sent To Person InitiaVDate Marcia Mcermond � 0 cil 266-8570 p�� 1 ou cil De a eutDirecWr Must Be on Councii Agenda by (Date): Number y i lerk Por Routi� 3 Order 4 5 Tofal # of SignaWre Pages _(Clip All Locations for Signature) Action Requested• Approval of decisions of the Legislative Hearing Officer for Appeais of Letters, Deficiency Lists, Correction Notices, and Correction Orders for the following addresses: 1172 Bush Avenue and 451 Selby Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city empioyee? Yes No 3. Does this personffirm possess a skill not normally possessetl by any current city employee? . Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantapes If Approved: DisadvantapeslfApproved: C�unci6 Research ;;�nter SEP 2 "� �2D06 ° Disadvantages If Not Approved: , .�_ . _�;.. — � , .__ ToWI Amount of CosURevenue BudgMed: � � . Transaction: Funding Source: Activity Number: Financial Information: . (Explain) �-�e.� b Ob-�c� NOTES OF THE LEGISLATIVE HEARING LETTERS OF DEFICIENCY, CORRECTION NOTICES, AND CORRECTION ORDERS Tuesday, August 1, 2006 Room 330 City Hall, 15 West Kellogg Boulevard Marcia Moermond, Legislative Hearing Officer STAFF PRESENT: Kevin Chapdelaine, Division of Fire Prevention; Paula Seeley, NHPI (Neighborhood Housing and Property Improvement); Michael Urmann, Division of Fire Prevention; Appeal of Paul Garding to a Defiiciency List for property at 1172 Bush Avenue. (Fire Prevention) Michael Urmann introduced Kevin Chapdelaine who is the mechanical inspector who deals with the open buming permits and issues with the Fire Marshall. Mr. Urmann provided photographs of the property. Kevin Chapdelaine reported that Mr. Ricketson started the process and called Mr. Chapdelaine, who went out and took the photographs. When Mr. Chapdelaine arrived at the property, ihe burning appiiance had been moved from its original location and put in a storage location. One picture shows where it had been and where the charring of the deck had taken place, which speaks volumes of why the ordinance was written. Per conversation with Mr. Ricketson, Mr. Chapdelaine was awaze of where the appliance was previously. The ordinance being referenced comes from the fire code and has been accepted by the City Council. It has been in effect for about five years. An open fire pit at ground level, traditionally with rocks azound it, requires 25 feet of clearance firom combustibles, which can be a gazage, fencing, home, and anything else combustible. An approved UL appliance could be used within 15 feet of combustibles. That is sort of a metal apparatus that is screened, domed, or has a lid to it; the fire is smaller and the screening and lid keep the fire and ash contained. The appliance in question today would not be approved at all. It did not have a top, it did not have more than just one side, and it was not screened. It was originally buiit to burn chazcoal. It was quite old. One back panel was cracked. Paul Garding, appellant, appeared and stated that he called about an approved container. He was told that there has to be a 15 feet setback. Mr. Garding told him that 15 feet for virtually any lot in St. Paul is not doable. The inspector said that his lot is not big enough. When there is a UL approved stove inside the house, said Mr. Garding, the cleazance is 18 inches to two feet. Outside where there is more air movement, there is five times that amount. He asked where the I S feet comes from and where is the reseazch that says it needs to be 15 feet, and how many fires are caused by recreation fires from four feet. It is overly restrictive. Mr. Urmann responded that this code section comes directly out of the state fire code. State fire code is put together by fire chiefs, fire mazshals, and fire professionals through Minnesota and naUonally. This figure is taken because anything outside is subject to wind, weather conditions, and other combustibles in that azea. A stove installed in that house has been tested, has shielding, and is installed to code to be neaz these combustibles. It is a different application. LEGISLATIVE HEARING MINUTES OF AUGUST 1, 2006 Pa � � Mr. Gazding stated that I S feet is overly restrictive. People aze sitting three feet away from them. If the heat was dangerous enough to combust, he could not sit close to it. Ms. Moermond responded they are talking about the spark and not the heat. Mr. Urmann concurred and added flying embers, and the heat coming from the smoke. Mr. Garding stated he is willing to build something. He is getting vague answers. That size lof is representing a lazge number of lots. Ms. Moermond denied the appeal. She will contact Fire to see if they have connections at the state. The appellant brings up another issue; the future construction of a fire pit and fire place in the yazd. If he wants the fire pit to be less than 15 feet from a combusfible, the appellant will need to seek a variance of the fire code, which is done through here. It is not easy to do. Ms. Moermond would like to see complete site plans to give her an indication of what he is talking about. She will shaze ttiat with the fire people, and they will see whether this situation merits a variance from the code. Mr. Gazding said his deck is only 10 feet deep. He never argued that this would work. Ms. Moermond stated they can give him a call about where the 15 feet comes from. Mr. Urmann responded it comes from the international, wluch was adopted by the State. They will see what they can do. Mr. Garding stated there is very little regulation on grill. Ms. Moermond asked was he planning on doing this installation this yeaz. Mr. Gazding responded probably not. He would like the opfion to get cooperation if he wants to do it. Ms. Moermond indicated if a variance needs to be processed, she will look for a letter from the Fire Department on that. They can do that based on a letter in the future. She would like a yes that this plan will work. Theq will have specific ideas of how it will work in this situation. If he has to go inside that I S feet with a fixture, he will need a variance. Ms. Moermond would not grant a variance without the Fire Department saying it would work. Mr. Urmann added that there is no appIicaUon that has an open fire box that is able to be used within 15 feet of any combustible structure. He can use a stove or bazbecue pit that is completed closed, but no open fire box within 15 feet of a given structure. It has to be closed. Mr. Chapdelaine stated that he has overseen in part the structure of a few of these over the yeazs. He tells them they need to be through Zoning Department-Planning Review to find out what they require. Mr. Chapdelaine handles the fire departmenYs concerns. Mr. Garding showed a magazine and said that these things aze all the rage, and he wonders why they aze showing these things if the national code is against them Mr. Chapdelaine responded they aze different things. Some items aze a single wall with a very light metal and light screening and another itam is an insulated fire brick lined appliance that meets UL standards. (Ms. Moermond denied the appeal on the Deficiency List dated July 12, 2006.) ` LEGISLATIVE HEARING MINUTES OF AUGUST 1, 2006 O P ge 3 b � Appeal of Robert Gausman to a Correction Notice for property at 451 Selbv Avenue. ���� Inspector Paula Seeley, NHPI, appeared and reported that she received a complaint about several exterior code violations on the house: molding that was rotted, east porch guardrail system was missing, and the decking was rotted. She wrote up whatever code violations she saw at the property. This is HPC District 2. Her understanding is that the owner needs more time. Ms. Moermond asked what led to an inspection here. Ms. Seeley responded it was a complaint from a citizen. This is not a life safety issue. One issue is the electrical. There aze two meters: one has a globe on it, and the other does not. Also, there aze children there and there aze no steps on the porch and storm windows missing. Mr. Robert Gausman stated that there is a threat in the report on Page 2: Failure to correct these deficiencies may result in the issuance of criminal charges and/or a civil lawsuit and possible abatemendassessment by the City. Mr. Gausman has tatked to his wife and neighbors and there is no reason for this. Everyone he talks to thinks that this kind of thing will damage marriages, families, and is not professional. Mr. Gausman continued: he has a plan for the house. It is a Victorian house. In doing a project and when working on a budget, it is small and di�cult. (Mr. Gausman showed items he is working with, items he will be using for his house, and his plans for his house.) His house has ended up as an example in the HPC (Historic Preservation Commisslon). (Mr. Gausman spoke extensively of personal things concerning his family, his wark, community volunteering, and community issues that he was involved in, committees that he served, and lead paint in his neighborhood.) Ms. Moermond asked what he is looking for. Mr. Gausman responded that he is hoping that the City and State would care enough about his job situation to act responsibly. He has a six year old child and is concerned about education. This house is not rental property and it is an old house. It takes time to do the things he is doing. There are lots of good things about the house. Ms. Moermond is also hearing that the owner has made a lot of contributions to the community. She is familiaz with the kind of projects that Mr. Gausman has taken. Ms. Moermond feels that if a police officer pulls someone over for speeding, she hopes that the officers treats them the same as they would treat someone else, even though that person may have done a lot of work in the community. Ms. Moermond stated that no one would like to pursue this criminally. This means the smallest kind of tag a person would get which is akin to a pazking ticket. Plenty of people get this form letter. She will communicate to the deparhnent that they should make it clear that they are not talking about arresting someone. There are financial constraints; however, the electrical part makes her nervous. That would not have anything to do with the lustorical aspect. With a six year old, you want the glass to be safe. She is concerned about the peeling paint and the branches. Ms. Seeley responded that the branches have been taken care of. ao'cl C7� . LEGISLATIVE HEARING MINL7TES OF AUGUST 1, 2006 Page 4 Ms. Moermond stated she understands about him having the difficulty with the fmances. She will propose that the windows and sashes be repaired by September 1. Ms. Seeley responded there aze places to get hazdwaze for the older homes. HI'C will work with him. It is the state energy code. The storms aze missing. She saw one cracked window. Ms. Moermond responded she would 2ike the cracked window fixed by September 1. Mr. Gausman responded that is already fixed. Ms. Moermond stated the next thing she is concemed about is that the windows should open in a way that they can get out in a fue and the six yeaz old can get out of the house. Mr. Gausman responded they da Ms. Moermond said that she is comfortable going with a Ionger time Iine if those things aze addressed. Ms. Moermond asked about the electrical meter. Mr. Gausman responded there aze two boxes because there is an upper and lower duplex. All of it goes to the fuse box in the basement. The other has a hole for a meter. He can put something over it for now. Ms. Seeley asked is it a single family. Mr. Gausman responded that it started out in 1883 as a singie family. During the depression, it became a triplex. Now, it is a legal duplex, but it is not used as a duplex. In the plan, he would like it to be a duplex again. Ms. Seeley asked when he got the electrical installation put in as she did not see any pemuts. Mr. Gausman responded he does not remember. It was done by one of the top electricians. Ms. Moermond stated she has concems about the electrical. She asked for an electrical inspector to make a suggestion about the most affordable way to make ttus safe. Ms. Seeley responded she will call Downtown to see. Ms. Moermond staxed maybe the inspector could write an order on what they need to do to make it safe for now until he wants to do a duplex. Mr. Gausman stated his brother is an elecirical engineer and he can speak to him. Ms. Moermond responded she would like to have an inspector in there to get it stabilized and she is comfortable that this situation is taken care o£ She asked would 10 to 18 months be a reasonable time to take care of this. Mr. Gausman responded he is concerned about his job situation, Ms. Seeley responded she got a letter from his church, in which the Paint-a-thon was mentioned. They will do all the painting. Ms. Moermond stated she will talk to Amy Spong (License, InspecUons, Environmental Protection) about some specifics and find out the potenriat problem areas from historical preservation perspectives. She would like to see an electrical inspector out there. Whatever that electrical inspector they recommend is the most affordable, practical way to make ttus a safe situation, he has another month on that. He has until mid September. If it is as he describes, he is okay with that. The other stuff, she is willing to go 15 montYis on it. Mr. Gausman asked is there any kind of city program for someone to help get his life back into order. Ms. Moermond asked is he looking for programs for fixing his house, employment, or what. Mr. Gausman responded it is hazd to work on it without resources. Ms. Seeley added there aze agencies out there. o�-�o� LEGISLATIVE HEARING MINLTTES OF AUGUST 1, 2006 Page 5 Ms. Moermond stated she is familiar with the housing related programs but not the life type programs. Ms. Moermond would like an electrical inspector out there by mid-August. She is looking for the electrical stuff to be done by mid September. She will give 15 months for the rest of the items. She will tell Amy Spong and see if she is awaze of any proa ams and if the owner will run into any bureaucratic problems. Also, she will bring it to the deparGment's attention that their wording leads to misinterpretation of tl�eir intentions. (Note: Ms. Moermond denied the appeal on the Deficiency List dated July 11, 2006.) The hearing was adjourned at 2:40 p.m. rrn