07-1084Council File # 07 ���8 �
Green Sheet #'��Y�{(.ed�`
RESOLUTION ��
CITY QF SAINT PAUL, MINNESOTA
Presented by
1 BE IT RESOLVED, that the Council of the City of Saant Paul hereby certifies and approves the October
2 2, 2007 decision of the L,egislative Hearing Officer on Appeals of Letters, Correction Notices and
3 Correction Orders for the following addresses:
4
5 Propert�poealed Appellant
6
7 87 Acker Street East Aaron Shoemaker
8 Decision: Deny the appeal.
9
10 1880 Fairmount Avenue Dean Willer
11 Decision: Cnant an extension of fime on the windows egress to November 6, 2007 and grant an extension
12 of time on the fire alarm system to December 18, 2007
13
14 526 Thomas Avenue Diane Rentmeester
15 Decision: Grant a variance to the Certificate of Occupancy Registration since the property owner lived at
16 the property part of the year
17
18 547 Michigan Street Dadders Holdings LLC,
19 c/o Thomas Gallagher
20 Decision: Crrant a variance for the hand sink in the bathroom conditioned on the Lease Agreement
21 outlining that this was a deficiency under the Legislative Code
22
23 1541 Carroll Avenue Jeff Shaller
24 Decision: Grant an extension to come into compliance on the garage to December 5, 2007 and grant an
25 extension to come into compliance on the house to June 30, 2008
26
o�-lag�
27 1962 Mar¢azet Street Max McKee
28 Decision: Withdrawn as the owner and the inspector were in agreement on the Code Compliance
29 Inspecrion Report
30
31 762 Ashland Avenue
32 Decision: Withdrawn
33
Heather Chermak
Benanav
Bostrom
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Thune
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Form Approved by CiTy Attomey
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Adoption Certified by Co il Secretary
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Form Approved by Mayor for Submission to Council
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Maraa Mcem�ond
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Green Sheet NO: 3046075
0 Comcil '
1 omcil Depar�eotDirector I
2 4tity Clerk CtiN Clerk I
3
4
5
Resolurion approving the October 2, 2007 decisions of the Legislative Hearing Officer on Appeals of Letters, Correcrion Norices, and
Letters of Deficiency for properties at 87 Acker Street East, 1880 Fairmount Avenue, 526 Thomas Avenue, 547 Michigan Street, and
1541 Carroll Avenue.
�oatwns: npprove (a) or Re�ect (K): Personal Service Gontracts Must Answer the Following Questions:
Planning Commission 7. Has this person/firm ever worked under a contrect for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person�rm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normelly possessed by any
current ciry 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):
Advanpges If Approved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
TransaMion:
Funding Source:
Financial Information:
(Explain)
Cost/Revenue Budgeted:
Activity Number:
, ���?:�3Ci� ('��q�c3�
� �'�; . :'�'�:�
November 6, 2007 8:52 AM
Page 1
b�-1D��1
MINUTES OF THE LEGISLATIVE HEARING
ON LETTERS OF DEFICIENCY, CORRECTION NOTICES
CORRECTION ORDERS AND LETTERS
Tuesday, October 2, 2007
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legislarive Hearing Officer
The hearing was called to order at 1:30 p.m.
Staff Present: Phil Owens, Department of Safety and Inspection (DSn - Fire Prevention; Jim
Seeger, DSI-Licensing; and Mike Urmann, DSI-Fire Prevention; Kelly Booker, DSI-Code
Enforcement; James Seeger, DSI-Code Enforcement
Appeal of Aaron 3hoemaker to a Certificate of Occupancy Deficiency List for property at
87 Acker Street East. (Continued from August 21)
Mr. Owens stated that this is a second legislative hearing of the occupancy of the office being used
as a dwelling. Some of the vehicles have been removed, but there are still about eight things on the
list, probably the most important being that the stump service has not yet applied for a license or
submitted documents required by zoning (#18 on deficiency list).
Mr. Shoemaker stated that he did apply for a license, but he is confused, as he heard during the
process that he did not need another site plan. He stated that he did apply for a license after the last
legislative hearing. Ms. Moermond noted that a site plan is needed and needs approval.
Mr. Shoemaker noted that he completed #7 today, procured parts far #5, which will be done
tomonow, as will the electrical.
Mr. Owens stated that Mr. Shoemaker's original partner submitted a sate plan, but it was insufficient
and sent back twice.
Mr. Shoemaker stated it is his intent to use the dumpster as a trash bin, not to have it as third person
starage. He added that it is owned by Minnesota Metals and wondered if this is permissible. Mr.
Owens answered that it is not a problem to have a dumpster, but a garbage service must be done by
a licensed waste hauler and must be emptied weekly. Waste cannot remain on the property. Ms.
Moermond stated that exterior storage will be discussed when submitting a site plan.
Ms. Moermond stated that the appeal on the issues is denied. It was noted that another list was
submitted on September 5, 2007 by Mr. Owens (Ms Moermond was not copied). Ms. Moermond
then invited Mr. Owens and Mr. Shoemaker to discuss this issue together.
2. Appeal of Dean Willer to a Certificate of Occupancy Deficiency List for property at 1880
Fairmount Avenue
Mr. Urmann stated he has read the appellanYs documentation and agrees, with a few exceptions,
that of safety issues; e.g., egress windows and alann systems. The zoning issue must be taken care
of before this stnxcture is used as a h He noted that, as of today, there is no application.
October 2, 2007 Property Code Minutes
D �'�Og(� Page2
Karen Zacko, DSUZoning, stated that an application needs to be supplied, with signatures from
property owners, for a legal nonconforming duplex, because it is not a single family structuze.
Mr. Willer stated that he has spoken with Ms. Zacko. There was some problem with his original
application. He then refiled the application. In the interun, Mr. Neis informed Mr. Willer that
something had come up with zoning. Mr. Willer was told to get in touch with the previous owner.
Mr. Willer stated that he now has everything that is needed to file the application.
Ms. Moermond questioned the length of time this has taken (over a yeaz). NIr. Willer stated that he
would like condemnation to be suspended until he goes through the zoning process. Ms. Moermond
stated that she is concerned about the escape windows and alann system. Mr. Urmann noted that
that there is a time interval (60 days) before pemuts could be signed off.
Ms. Moermond stated that she would recommend to the City Council that Mr. Willer is granted an•
extension until November 6, 2007 for compliance on egress windows, and until December 18, 2007
to come into compliance with the fire alarm system. Based on that, she will recommend the
condemnation be refened back into a legislative hearing. She will hold that condemnation in
abeyance. She suggested that Mr. Willer get the zoning piece started today. This must be
absolutely completed by October 16, 2007.
Ms. Moermond recommended granting an extension of time on the windows egress to November 6,
2007. Ms. Moermond recommended granting an extension of time on the fire alarm system to
December 18, 2007.
3. Appeal of Richard Black, on behalf of Grand Hill LLC, to a Certificate of Occupancy
Deficiency List far property at 3ll Ramsey Street.
Laid over to the October 16, 2007 Property Code Hearing.
4. Appeal of Diane Renhneester to an Tnvoice for Provisional Fire Certificate of Occupancy for
property at 526 Thomas Avenue.
Mr. Urmann stated that this is a Certificate of Occupancy, as it is not owner-occupied or
homesteaded, which is addressed in Chapter 40.
Ms. Renhneester stated that this property is homesteaded througl� the State. Her son has lived there
for quite some time. She added that she is there for some months of the year, and her son is always
there. Her only other choice is to do a Quit Claim Deed. She lives there two to four months and is
otherwise in Alaska. The waste hauling, electrical, taaces, and insurance are in her name.
Ms. Moermond noted that the ordinance does not provide for part-time owner/occupant. Ms.
Rentmeester stated that her son is a disabled veteran. He has been there for 3-1/2 years, and no
entity has helped him in any way with his disability. She added that she was informed that this law
was going to be changed for family homesteads and was told to appeal this to keep things as they
are.
Ms. Moermond recommended granting a variance to the Certificate of Occupancy registration since
the property owner lived at the property part of the year.
October 2, 2007 Property Code Minutes o �,�og y Page 3
5. Appeal of Dadders Holdings LLC, c/o Thomas Gallagher, to a Certificate of Occupancy
Deficiency List for property at 547 Michiaan Street.
Mr. Urmann stated that this concerns a bathroom without a proper hand sink. Dadders Holdings has
been required to provide a hand sink under Properiy Maintenance Code Section 3411.
Joseph Collins stated that this is a bathroom off the kitchen. He looked at Section 34.11 and then
went to LIEP (DSn to obtain a sink permit. He was informed they would not allow a sink to be
installed in this bathroom due to the clearance need, and they saw no problem. There is not enough
space and the Plumbing Code states that 24" is needed.
Ms. Moermond stated that she will recommend to the City Council that they grant a variance of the
Legislative Code, but that would be conditioned upon full disclosure in the lease agreements that
this is a deficiency. She will also require a sign by the kitchen sink and a sign in the bathroom
alerting people to take appropriate steps for sanitation.
Mr. Collins requested that this property be reclassified from Residential Class C to the appropriate
class; if he is not required to install a sink, he should then not be required to provide ground fault
protection, which is another issue on the deficiency list.
Ms. Moermond stated that her concern is that appropriate sanitation precautions be taken.
Ms. Moermond recommended granting a variance for the hand sink in the bathroom conditioned on
the Lease Agreement indicating this was a deficiency under the Legislative Code.
6. Appeal of Jeff Shaller to a Correction Notice for property at 1541 Carroll Avenixe.
Ms. Booker stated that on September 10, 2007, she was in the alley and noted excessive peeling
painUunpainted wood on the garage, and excessive peeling paint on the house trim. Orders were
mailed on September 11, 2007 to scrape and paint with a compliance date of November 5, 2007.
Mr. Shaller stated that he has already scraped the gazage and cannot side the cedar wood, and the
cedar wood does not have to be treated. He said November 5, 2007 would be possible if the
weather cooperates. His house is 2-1/2 stories, and he must hire out for the trim, which he cannot
afford at this time. He added that he will have to wait for spring or summer next year as he needs to
do some wark with squirrel damage.
Ms. Moermond stated that she will allow six months for the house, until June 30, 2008. She noted
that if the work is not done at that time, Mr. Shalier will receive another set of orders and/or will be
charged far the inspection itself. She added that his best option is to be in communication with the
inspector. She added that excessive consumption may be involved.
Mr. Shaller was concerned about criminal ramifications. Ms. Moermond assured him that is a civil
matter.
Ms. Moermond recommended granting an extension to come into compliance on the garage to
December 5, 2007 and granting an extension to come into compliance on the house to June 30,
2008.
October 2, 2007 Property Code Minutes �� jbg � Page 4
7. Appeal of Max McKee to a Code Compliance Inspection Report for property at 1962
Mazgaret Street
Ms. Moermond asked Mr. Seeger when this property became a Registered Vacant Building; he
responded June 29, 2007.
Katie Draz introduced herself as a licensed realtor in Minnesota with ReMaac Results and stated she
was representing Max McKee in the purchase of the property. When this property was listed, they
were told it was vacant and the water was turned off. When she contacted the City of Saint Paul as
to the category and ramifications, she was told to go through the Tnxth-In-Sale of Housing and go
through the hazazdous items. The plumbing could not be inspected as the water had been shut off.
Ms. Draz questioned Item 2 of the Building section of the corrections letter, "Install tempered glass
in window on second floor stair landing to Code." She stated that this window is in the attic at the
top of a flight of stairs and this room is only being used as an attic, not a living space or bedroom.
Mr. Seeger answered that because of the type of finish on the upstairs, the upstairs looked to be a
useable space and was fimshed off; he said the finished area is the determining factor. Ms. Draz
stated that, in her clienYs eyes, this is a two-bedroom home and there is no intent to use this area as
habitable space.
It was agreed to review Mr. Seeger's report with Ms. Draz's concerns:
Item 4 of the Building section: "Provide complete storms and screens, and repair all door and
window openings." Ms. Draz stated that the windows have been replaced in this home and that they
ue double paned insulated glass and are in good operating condition, as are the doors. She noted
that adding storms and screens would be cosmetic. Mr. Seeger responded that screens are in the
Legislative Code; Ms. Draz answered that there are screens except on the picture window. Mr.
Seeger stated that they would still have to meet the code of the time that they were installed, 2003
adopted State Building Code. Ms. Draz stated this should not be significant, that she will be glad to
measure. Ms. Moermond added that it is City policy that if a building has been Registered Vacant,
it does have to meet the current standards (e.g., safety item vs. what is considered new
construction), and this is considered a safety item.
Item 7 of the Building section: "Provide general clean-up of premises." Ms. Draz stated that there
is no garbage or debris on the property.
Item 9 oFthe Building section: "Totally rebuild garage foundation and framing to meet code, or
remove." Ms. Draz stated that the garage is not an eyesore or nuisance to surrounding properties;
the garage is not on a foundation compliant with current building codes, yet if removed would
sigiificantly depreciate the value of the home. She continued that the cost in adding a foundation is
beyond the financial means of her client, but her client is wiliing to reinforce the current structure.
Ms. Moermond asked Mr. Seeger what work he expects for the garage. He responded that there is
peeling paint, the garage is tilted towards the east. He noted the garage has a wooden floor. He said
there is no reason the building cannot be repaired. Ms. Moermond asked him what the cost would
be to stabilize the shucture. Mr. Seeger responded about $1,000-$1,500, depending upon what is
October 2, 2007 Property Code Minutes
D � � r ( Page 5
'7
found under the plywood. He added that the new code does not call for concrete floor ar hard
surface in the garage.
Item #8 of the Building section: "Provide smoke detectors as per the Minnesota State
Building Code." And Item #11 of the Electrical section: "Install hazd-wired, battery backup smoke
detector, as specified in Bulletin 80-1, and other smoke detectors as required by the IRC." Ms. Draz
stated that these items are one and the same, that the smoke detectors are hazdwired in the home as
indicated in the Tnxth-In-Housing inspection.
Item #16 of the Building section: "No legal bedrooms in basement." Ms. Draz stated that the
basement is only partially finished and there is no use or need for a bedroom in the basement and
that the room that is refened to does not haue flooring, only has drywall up. She added that the
basement will not be finished or used beyond storing items. Ms. Moermond stated that this is a
non-issue.
Item #17 of the Building section: "Repair front Door Jamb, needs jamb extension." Ms. Draz
stated that the front door, although cosmetically not the most beautiful, is fixlly operable and not
hazardous. Mr. Seeger stated his biggest concern is the sill underneath.
Discussion ensued regarding the pulling of permits. Mr. Seeger noted that painring and cleaning do
not require permits. He also noted that there is nothing life-threatening on this property.
The need for tempered glass was discussed. Mr. Seeger stated that even if this is a starage area, this
is a hazardous location. It was noted information can be obtained on the website far the State
Building Code.
Mr. Seeger stated that when a final signoff is done, he will make another inspection of the property.
The owner and the inspector were in agreement on the Code Compliance Inspection report.
8. Appeal of Heather Chermak to a Vacant Building Registration Notice for property at 762
Ashland Avenue. (Withdrawn)
Submitted by:
Barb Benson