07-200Council File # � 7 a�
Green Sheet#3037382
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Presented by
RESOLUTION
L, MINNESOTA
1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the February
2 20, 2007, decisions of the Legislative Hearing Officer on Appeals of Letters, Correction Notices and
3 Correction Orders for the following addresses:
4
5 Property Appealed
6
Appellant
7 589 Cleveland Avenue South Gregory Pavlick, owner
8 Decision: Appeal granted on the nonconforming doors on the following conditions: 1) If the
9 nonconforming doors ever need to be replaced, they will be replaced with conforming fire-rated door
10 assemblies, 2) The building will otherwise be maintained in compliance with all applicable codes and
11 ordinance.
12
13 1389 Berkelev Avenue Joseph Fisher, owner
14 Decision: Appeal granted allowing the present owner to continue using the stove in the garage on the
15 following two conditions: 1) The owner will get a permit to insure that the stove is properly instalied,
16 2) All flammables aze stored in another building. When the property is sold, this variance is no longer
17 valid.
Adoption Certified by Council Secretary
BY i ` O�
Approved Ma � Date 1 j d �
By:
Requested by Department of:
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Form Approved by City Attorney
sy:
Form Appxoved by Mayox for Submission to Council
By:
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Adopted by Council: Date -�,� !f J
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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co -�ow�;,
Conqct Person & Phone:
Marcia Mcertnond
266-8560
Doc.Type: RESOLUTION
E-DOCUment Required: N
Document Contact: Racquel Naylor
ContactPhone: 266-8573
28-FEBA7
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For
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Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3037382
0 ooncil
1 ouncil De ar�ent D'uector
2 ' C7erk
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Approving the decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency, Coaection Notices, and Coaection
Orders for 589 Cleveland Avenue South and 1384 Berkeley Avenue.
idations: Approve (A) or ReJect (K): Personal service Gontracts must Mswer the Following Questions:
Planning Commission t. Has this persoNfirm ever worked under a coniract for tliis depaAmeni?
CIB Committee Yes No
Civil Service Commission 2. Has this person�rm ever been a city empbyee?
Yes No
� 3. Does this person�rm possess a skill not normally possessed by any
, current ciry employee?
Yes No
, 6cplain all yes arewers on separete sheet and aHach to green sheet
Initiating Probiem, Issues, OpportUnity (Who, What, When, Where, Why�:
Advantages If Approved:
Disadvantages IF Approved:
Disadvantages 1f Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
�" ... x : . . _ . ., -.
CosURevenue Budgeted:
February 28, 2007 1:47 PM Page 1
o�a�
MINUTES OF THE LEGISLATIVE HEARING
APPEALS OF LETTERS OF DEFICIENCY, CORRECTION NOTICES, AND
CORRECTION ORDERS
Tuesday, February 20, 2007
Room 330 Courthouse, 15 Kellogg Boulevard West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 1:32 p.m.
STAFF PRESENT: Phillip Owens and Michael Urmann, Division of Fire Prevention
Appeal of Gregory Pavlick to a Deficiency List for property at 589 Cleveland Avenue
South. (Fire Prevention)
Michael Urmann reported that the field inspector said that Mr. Pavlick has gone through and
replaced some of his unit doors with thin paneled non rated doors. Fire code required that they
aze 20 minute fire rated doors, self-closing, and self-latching. They have allowed thin paneled
doors in place with good condition. Tl�ese are in good condition.
Mr. Pavlick stated most of the doors on each apartment have a six panel pine door. He replaced
the hollow core doors with these. They heazd later that these doors were not up to code. There
are still fire rated doors on the laundry room, furnace room, basement. They aze just not on the
front doors of the apartments. He is asking that he be able to keep those doors. The doors
replaced were hoilow core doors that were grandfathered in. He wanted to improve the doors,
but it was not improvement enough.
Ms. Moermond stated there are 22 units and she asked how many doors are there. Mr. Pavlick
responded 22.
Mr. Urmann stated that he does not have the ability to grant a variance from the fire code.
Mr. Pavlick stated this was a problem property when he bought it. There were 79 police calls to
the building in the 18 months prior to him buying it. Since he has owned it in the last yeaz and a
ha1f, there have been no police calls. In addition, he has replaced the boiler, roof, and water
heater. There was a lot of drug use in the building. He has cleaned it up and got a lot of the
problem people out of there. Overall, he has improved the safety of the building. He just made a
mistake with the doors.
Ms. Moermond stated she is comfortable granting a variance during the duration of Mr. Pavlick's
ownership. If a new owner comes in, she would like this issue to come back again. Mr. Urmann
added that if the doors need to be replaced, it will have to be replaced with fire-rated doors, to
which Ms. Moermond said that is a good amendment.
In summary: The appeal is granted on the nonconforming doors on the following conditions: 1)
if the nonconforming doors ever need to be replaced, they will be replaced with conforming fire-
v � �oz,
MINUTES OF THE LEGISLATIVE HEAIZING OF FEBRUARY 20, 2007 Page 2
rated door assemblies, 2) The building will otherwise be maintained in compliance with all
applicable codes and ordinance.
Appeal of Joseph Fisher to a Deficiency List for property at 1389 Berkelev Avenue. (Fire
Prevention)
Joseph Fisher, owner, appeared.
Philiip Owens reported that fire conducted an interior inspection pursuant to a complaint about a
stove opezating in a garage. Inspector Chapdelaine went by and noticed the chimney smoke
stack and wood stacked up to verify the solid wood device was operating and an order was
issued to remove it. The fire code says that solid fuel buming appliances shall not be installed in
any location where gasoline or other flanunable vapors or gases aze present. Mr. Owens had
e-mails and phone conversations with Mr. Fisher. Mr. Owens went by the location along with
Mr. Chapdelaine to view the operation on the interior of the gazage. The garage is in an unusual
condition. It is more of a workshop than a gazage. Appliances that would normally be in a
gazage--lawn mower, snowblowers, gasoline type things, etc.—are stored in a separate shed.
This garage is used as a workshop and a place for putzing. He has his daily activities in this
building. It is an azea of recreation and a garage. He also has some homing pigeons that live in
the garage that he trains and takes to bird races. This is not used as a person would normally
view a garage. In the evenings and especially in the winter, he parks his wife's car in the gazage.
Inspectors suggested that Mr. Fisher may want to file an appeal to this order.
Ms. Moermond asked where Mr. Fisher parks his vehicle. Mr. Fisher responded in the garage. It
is a rivo car garage, 26 feet by 26 feet, fully insulated, ladders going upstairs. The stove was
supposed to be 18 inches off the floor, but it was not when the inspectors came out. Mr. Fisher
did not know it was suppose to be. He spends probably 8 to 10 hours in the garage almost
everyday. He burned wood in the gazage for the last 35 years. He has signatures from the
neighbors in the records sent to Ms. Moermond saying they do not mind him having a stove.
Ms. Moermond asked were there immediate neighbors that did not sign. Mr. Fisher responded
he got the four neighbors right around him.
Mr. Fisher stated that he thought a particular neighbor had complained, but that neighbor cailed
him and said that she did not report him and would say something to him in person. He still does
not know who called. He is retired and this is where he spends his time when he is not fishing.
Everything is stored in a different shed. In the summer, he has a gas generator that he empties
out and puts in a corner in the garage. He has pictures of the stove and the chimney.
Ms. Moermond asked do they meet code. Mr. Owens responded that it is a listed stove from the
store and well installed. The only issue is that the code does not specificaily perniit them to be
there, nor does it prohibit them from being there. In this case, the inspectors suggested that this
be appealed. Fire Prevention could not allow it. They do not want to set a precedent that this is
the way it shouid be.
MTNUTES OF THE LEGISLATIVE HEARING OF FEBRUARY 20, 2007 Page 3
Ms. Moermond asked about Jerry Hanson. Mr. Owens responded he is a mechanical inspector in
the building department. The mechanical code says about the same thing as the fire code: it
cannot be in a hazazdous azea. The deterxnination would be that this is a hazardous azea.
Ms. Moermond stated she will grant a variance during the duration of his ownership on condition
that there is sepazate building storage of the flammable liquids. The equipment is not a concem.
Mr. Owens added that the equipment is well installed, but it was not installed with a permit nor
was it inspected. They think that if he is granted a variance to continue it, than Mr. Fisher should
draw the permit and have it properly inspected.
Ms. Moermond stated she will grant the appeal on condition that the owner get a permit and store
the gasoline and other flammables in another building, just like he does. This is during the
duration of the ownership. Mr. Owens stated that Mr. Fisher will need something to give to Mr.
Hanson, who ordinazily issues these permits. Racquel Naylor said that she will mail him a copy
of the resolution. Ms. Moermond said that Mr. Hanson should be sent an e-mail saying that a
resolution is on its way. (Note: an e-mail was sent to Jerry Hanson on 2-22-07.)
In suminary: The appeal is granted allowing the present owner to continue using the stove in the
garage on the following two conditions: 1) the owner will get a permit to insure that the stove is
properly installed, 2) all flaminables are stored in another building. When the property is sold,
this variance is no longer valid.
Appeai of Paul Vue and Ia Xiong Deficiency List for property at 1261 Pavne Avenue. (Fire
Prevention)
Michael Urmann reported that he met with the appellant this morning, who now understands
what needs to be done. They are going to do the repair and aze withdrawing their appeal. Mr.
Urmann granted them a 30 day extension from the end of their last orders. There is an issue of
financial hardship, and Ms. Moermond may want to consider returning their application fee,
although the applicant did not ask for it. Ms. Moermond responded that the appellant got less
than a dollar a day extension, and they have used more than $25 of City staff time to get them to
this place; therefore, she will not return the fee.
(W ithdrawn.)
Appeal of Judith Bakula, on behalf of Theresa Living Center, to a License Inspection
Report for property at 917 Jessamine Avenue East. (LIEP)
Ms. Moermond stated this matter has been rescheduled to March 6.
The hearing was adjoumed at 1:49 p.m.
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