08-168Council N�le # —�_�_
Green Sheet # 3047658
Presented by
RESOLUTION
SAINT PAUL, MINNESOTA
�F�
1 Wf�REAS, Department of Safety and Inspections has requested tl�e City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
3 and removal of a two story, wood frame, single family dwelling located on property hereinafter
4 referred to as the "Subject Properiy" and commonly known as 1445 MECHAPTIC AVENUE.
5 This property is legally described as follows, to wit:
t1MES OUT LOTS SUBJ TO ESMTS S 170 FT OF FOL LOTS 4& LOT 5 BLK 2
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Department of Safety and Inspections on or before Apri12, 2007, the
following are the now known interested or responsible parties for the Subject Property: Lhw
Land Development, 971 Sibley Memorial Highway, Lilydale, MN 55118; Professional Finance,
2165 Woodlane Drive, Suite 100, Woodbury, MN 55125; District 2 Community Council.
WHEREAS, Department of Safety and Inspections has served in accordance with the
provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to
Abate Nuisance Building(s)" dated October 16, 2007; and
WHEREAS, tlus order informed the then lrnown interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair
or demolish the struchue located on the Subject Property by November 15, 2007; and
WHEREAS, the enforcement officer has posted a placard on the Subj ect Property
declaring this building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Department of Safety
and Inspections requested that the City Clerk schedule public hearings before the Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served norice in accordance
with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul
City Council on Tuesday, January 29, 2008 to heaz testimony and evidence, and after receiving
testimony and evidence, made the recommendation to approve the request to order the interested
or responsible parties to make the Subject Property safe and not detrimental to the public peace,
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health, safety and welfaze and remove its blighting influence on the community by demolishing
and removing the structure in accordance with all applicable codes and ordinances. The
demolition of the structure to be completed within five (5) days after the date of the Council
Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
February 20, 2008 and the testimony and evidence including the action taken by the Legislative
Hearing Officer was considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and
Order conceming the Subject Property at 1445 MECHANIC AVENUE.
L That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2. That the costs of demolition and removal of this building(s) is estimated to exceed
five thousand dollars ($5,000.00).
3. That there now exists and has existed multiple Housing or Building code
violations at the Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then known
responsible parties to correct the deficiencies or to demolish and remove the
building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Department of Safety and Inspections has posted a placard on the Subject
Property which declares it to be a nuisance condition subj ect to demolition.
7. That this building has been routinely monitored by Deparhnent of Safety and
Inspections, Vacant/Nuisance Buildings.
8. That the known interested parties and owners are as previously stated in this
resolution and that the notification requirements of Chapter 45 have been fixlfilled.
•'� '
The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subject Property
safe and not detrimental to the public peace, health, safety and welfare and remove its
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blighting influence on the community by demolishing and removing the structure in
accordance with all applicable codes and ordinances. The demolition and removal of the
structure must be completed within five (5) days after the date of the Council Hearing.
If the above correcrive action is not completed within this period of time Deparhnent of
Safety and Inspections is hereby authorized to take whatever steps aze necessary to
demolish and remove this structure, fill the site and charge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative
Code.
In the event the building is to be demolished and removed by the City of Saint Paul, all
personal property or fixtures of any kind wl�ich interfere with the demolition and removal
shall be removed from the property by the responsible parties by the end of this time
period. If all personal property is not removed, it shall be considered to be abandoned
and the City of Saint Paul shall remove and dispose of such property as provided by law.
It is further ordered, that a copy of this resolution be mailed to the owners and interested
parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
Requested by Department of:
Safety and Inspecrions
Code Enforcement / Vacant Buildings
By:
Adopted by CouncIl: Date '�if 7� f�y'�j
AdoroYiax,Certifie by o � SecreTary
/ i
By:
Approve y M or. Dab �
By:
Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to CouncIl
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
D � '��0�
$� — DeptofSafety&Inspecrions � 1&DEG-07
CoMad Person & Phone:
Bob Kessler
26fi-9013
20-FEB-08
Doc. Type: RESOLUTION
E-Document Required: N
Document Contact:
CanWct Phone:
Total # of Signature Pages
�►
Assign
Number
Far
Routing
Order
(Clip All Locations for Signature)
Green Sheet NO: 3047658
0 e t of Safe & Ins ections
2 (.StvAttorneY I
3 or's O�ce Ma or/Assisfant
4 ouncil
5 ' Clerk Ci Clerk
City Counci] to pass this resoluUOn which will order the owner(s) to remove the referenced building(s). If the owner fails to comply
with the resolu6on, the Depar[ment of Safety and Inspecrions is ordered to remove the building. The subject proper[y is located at
1445 MECHANIC AVE .
Planning Commission
CIB Committee
Civil Service Commission
'i. Has Ynis personlfirm ever worked under a contrad for this depadment?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed 6y any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 1445 MECHANIC AVE by November I5, 2007, and have failed to comply with those orders.
Ativanfages If Approved:
The City wih eliminate a nuisance.
Disadvantages If Approvetl:
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special
assessment against the property taaces.
A nuisance condition will remain unabated in the City. This building(s) will conrinue to blight the communiry.
Disad4anWges If NotApproved:
A nuisance condirion will remain unabated in the Ciry. This buildin.g(s) will continue to blight the communiry.
Transaction: CostlRevenue Budgeted:
Funding source: Nuisance Housing Abatement A����t11 Number: QO1-002rJ7
Financial Information:
(Explain)
February 7, 2008 1:03 PM Page 1
DEPARTMENT OF SAFETY AND INSPECTIONS
Dick Leppert, Manager af Cade Enforcement _
CITY OF SAINT PAUL
Christopher B. Coleman, Mayor
1600 White Bear Ave N
Saint Paul, MN 55106
i
December 21, 2007
NOTICE OF PUBLIC HEARINGS
NuisanceBuildingEnforcement �
D$' t��
Council President and
Members of the City Council
Tel. (651) 266-1900
Fru (651J 266-1926
Department of Safety and Inspections, Vacant/Nuisance Buildings Enforcement Division has
requested the City Council schedule public hearings to consider a resolution ordering the repair
or removal of the nuisance building(s) located at:
1445 MECHANIC AVE
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing — Tuesday, January 29, 2008
City Council Hearing — Wednesday, February 20, 2008
The owners and responsible parties of record are:
Name and Last Known Address
Lhw Land Development LLC
971 Sibley Memorial Hwy
Lilydale MN 55118-5109
Professional Finance, Inc.
2165 Woodlane Drive, ste 100
Woodbury, M1V 55125
District 2 Community Council
info(a�district2council.org
Interest
Fee Owner
Mortgage Holder
District Council Contact
AA-ApA-EEO Employer
1445 MECH.ANIC AVE
December 21, 2007
page 2
The legal description of this property is:
v����g
AMES OUT LOTS SUBJ TO ESMTS S 170 F'T OF FOL LOTS 4& LOT 5 BLK 2
The Department of Safety and Inspections has declared this building(s) to constitute a"nuisance"
as defined by Legislative Code, Chapter 45. The Department of Safety and Inspections has
issued an order to the then lrnown responsible parties to eliminate this nuisance condition by
correcting the deficiencies or by razing and removing this building(s).
The property was re-inspected on November 19, 2007. There was no compliance and the
nuisance condition remains unabated, the community continues to suffer the blighting influence
of this property. It is the recommendation of the Department of Safety and Inspections that the
City Council pass a resolution ordering the responsible parties to either repair, or demolish and
remove this building in a timely manner, and failing that, authorize the Departxnent of Safety and
Inspections to proceed to demolition and removal, and to assess the costs incurred against the
real estate as a special assessment to be collected in the same manner as tases.
Sincerely,
Steve Magner�
Steve Magner
Vacant Buildings Manager
Department of Safety and Inspections
SM:nm
cc: Chad Staul, City Attomeys Office
Mary Erickson, Assistant Secretary to the Council
Cindy Carlson, PED-Housing Division
Nancy Homans, Invest St. Paul
District Council — Community Organizer
pubhmg60183 11/07
SUMMARY FOR PUBLIC HEARING 6S �llaB
1445 Mechanic Avenue
Legislative Hearing — Tuesday, January 29, 2008
City Council — Wednesday, February 20, 2008
The building is a two-story, wood frame, single-family dwelling with a detached, two-stall
garage on a lot of 16,988 square feet.
According to our files, it has been a vacant building since April 26, 2007.
The current property owner is LTRW Land Development LLC, per AMANDA and Ramsey
county property records.
The City of St. Paul has boarded this building to secure it from trespass.
There have been four (4) SUMMARY ABATEMENT NOTICES since 2007.
There have been four (4) WORK ORDERS issued for:
- Removal of refuse
- Removal of tall grass and weeds
On September 27, 2007, an inspection of the building was conducted, a list of deficiencies which
constitute a nuisance condition was developed and photographs were taken. An ORDER TO
ABATE A NUISANCE BUILDING was posted on October 16, 2007 with a compliance date of
November 15, 2007. As of this date this property remains in a condition which comprises a
nuisance as defined by the legislative code.
The Vacant Building registration fees are paid.
Taxation has placed an estimated market value of $122,200 on the land and $61,000 on the
building.
As of January 28, 2008, a Code Compliance inspection has not been completed.
As of January 28, 2008, the $5,000.00 performance bond has not been posted.
Rea] Estate taxes for the year 2007 are delinquent in the amount of $3,135.84 plus penalty and
interest.
Code Enforcement Officers estimate the cost to repair this structure is $70,000-$80,000. The
estimated cost to Demolish is $10,000 to $12,000.
NHPI, Division of Code Enforcement Resolution submitted for consideration orders the property
owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes
the Division of Code Enforcement to demolish and assess the costs to the property.
1'2ac & Property Characteristic Informarion - Structure Description
ob-i��
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> Structure Description
Property Identification 27.29.22.24.0054
Number (PIN)
Property Address 1445 Mechanic Ave
St. Paul 55106-3520
Residential Property:
Year Built 1910
# of Stories 2.00
Style Two Story
Exterior Wall Stucco
Totai Rooms 6
Total Family Rooms 0
Total Bedrooms 2
Full Baths 1
Half Baths 0
Attic Type
Finished SQ Feet 1312
Foundation Size 736
Basement Area Finished
Pinished Rec Area
Garage Type
Area (sq.ft.)
Parcel Size
Parcel Width
Parcel Depth
petached
576
.39 Acres
100.00 Feet
351.00 Feet
Land Use Code 510
Land Use Description R- Single Family Dwelling,
Platted Lot
http://rrinfo.co.ramsey.mn.us/public/characteristic/Parcel.pasp?scrn=Dwelling&pin= 1 /28/2008
DEPARTMENT OF SAFETY AND INSPECTIONS
Dick Lippert, Manager of Code Enforcement
CIT'Y OF SAINT PAUL
Christopher B. Coleman, Mayor
Nuisance Building Enforcement
D�-l�g
October 16, 2007
1600 White Bear Ave N
Saint Paul, MN i5106
Teh (651) 266-1900
Faz (651) 266-1926
LTRW Land Development LLC Professional Finance, Inc.
971 Sibley Memorial Hwy 2165 Woodlane Drive, Suite 100
Lilydale MN 55118-5109 Woodbury, MN 55125
Order to Abate Nuisance Building(s)
Dear: Sir or Madam
The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
1445 MECHANIC AVE
and legally described as follows, to wit:
AMES OUT LOTS SUBJ TO ESMTS S 170 FT OF FOL LOTS 4& LOT 5 BLK
to comprise a nuisance condition in violation of the Saint Paul Legislative Code,
Chapter 45.02, and subject to demolition under authority of Chapter 45.11.
On September 27, 2007, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily all the deficiencies present at this time. As
first remedial action, a Code Compliance Inspection must be obtained from the
Building Inspection and Design Section, S Fourth Street East, Suite 200, Commerce
Building (651)266-9090. That inspection will identify speci�c defects, necessary
repairs and legal requirements to correct this nuisance condition. You may also be
required to post a five thousand dollar ($5,000.00) performance bond with the
Building Inspection and Design Office before any permits are issued, except for a
demolition permit.
This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and
shall not again be used for occupancy until such time as a Certificate of Compliance or a
Certificate of Occupancy has been issued.
AA-ADA-EEO Employer
October 16, 2007
1445 MECHAA�IC AVE
page 2
Interior
Og -l!a 8
1. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Permit
May Be Required.
2. Lack of Elechicity. Immediately restore electricai service. Failure to
provide proper electrical service will result in these premises being
declared Unfit for Human Habitation and ordered vacated for lack of
this basic facility. Use of candles, fuel operated lighting or extension
cord wiring is not permitted while the power is off.
3. FLTRNACE: Have a licensed heating contractor service and clean the
fiunace ar boiler and make any necessary repairs. Perform a C/O test on
the heating plant. Then, send the attached form back to the Inspector.
Repair of gas fired appliances requires a permit.
4. Lack of Natural Gas Service. I�nmediately restore natural gas service.
Failure to provide natural gas service will result in these premises being
declared Unfit for Human Habitation and ordered vacated for lack of
this basic facility.
5. The stairs have missing or defective handrails. Provide all interior and
exterior stairways and steps of more that three (3) risers with handrails
which aze grippable and installed 34" to 38" above the nose of the stair
treads.
6. The interior ceilings are defective. Repair all ceiling defects and finish
in a professional manner.
7. The interiar walls are defective. Repair all wall defects and finish in a
professional manner.
8. There is evidence of a rodent infestation. Immediately exterminate and
eliminate all rodents from the entire building. Remove rodent
harborages in the yard areas. Tuckpoint the foundation if necessary to
rodent-proof the building to prevent re-infestation. Immediately remove
any dead rodents from the premises.
9. SANITATION: Immediately remove improperly stored or accumulated
refuse including; garbage, rubbish, junk, vehicle parts, wood, metal,
recycling materials, household items, building materials, rubble, tires,
etc., from yard. The Saint Paul Legislative Code requires all exterior
property areas to be maintained in a clean and sanitary condition.
Usable materials must be stored in an approved manner, so as not to
constitute a nuisance.
October 16, 2007
1445 MECHANIC AVE
page 3
�; i.l
10. Smoke Detector: Lack of properiy installed and operable smoke
detector. Provide functioning smoke detectors in accordance with the
attached requirement, within 24 hours.
11. Lack of Water Service. Immediately restore water service. Failure to
provide water service will result in these premises being declared Unfit
for Human Habitation and ordered vacated for lack of this basic facility.
12. There is mold throughout.
Exterior
13. GARAGES AND ACCESSORY STRUCTiJRES. All garages and
accessory struchzres must be in sound condition and secure from
unauthorized entry. Repair or replace any missing doors, windows, or
hardware for same.
14. The chimney is defective, deteriorated or in a state of disrepair. Replace
all missing or defective bricks, tuckpoint as needed to restore the
chimney to a professional state of maintenance and repair. Permit may
be required.
15. The eaues and soffits are in a state of disrepair or deterioration. Repair
all defects, holes, breaks, loose or rotting boards, to a professional state
of maintenance. Permit may be required.
16. The exterior walls and/or trim of the garage has defective, peeled,
flaked, scaled or chalking paint or has unpainted wood surfaces. Scrape
and repaint to effect a sound condition in a professional manner.
17. The exterior walls and/or trim of the house has defective, peeled, flaked,
scaled or chalking paint or has unpainted wood surfaces. Scrape and
repaint to effect a sound condition in a professional manner.
18. The foundation is deteriorated, defective or in a state of disrepair.
Repair all foundation defects in a professional manner to a
weather-tight, water-tight and rodent-proof condition. Permit may be
required.
19. The roof is deteriorated, defective, or in a state of disrepair. Repair or
replace the roof covering to a sound, tight and water impervious
condition. Permit may be required.
20. The exterior walls of the garage are defective. Repair all holes, breaks,
loose or rotting siding, to a professional state of maintenance.
October 16, 2007
1445 MECHANIC AVE
page 4
b8'l��
21. The exterior walls of the house are defective. Repair all holes, breaks,
loose or rotting siding, to a professional state of maintenance.
22. The window and/or door screens aze missing, defective or in a state of
disrepair. Provide proper window and door screens for all openable
windows and doors. Screens must be tight-fitting and securely fastened
to the frames.
23. The windows and/or storm windows aze in a state of disrepair. Replace
all missing or broken window glass. Make all necessazy repairs to
frames, sashes, hardware and associated trim in a professional manner.
Permit may be required.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and
the resulting nuisance condition is not corrected by November 15, 2007 the Department
of Safety and Inspections, Division of Code Enforcement, will begin a substantial
abatement process to demolish and remove the building(s). The costs of this action,
including administrative costs and demolition costs will be assessed against the property
taxes as a special assessment in accordance with law.
As first remedial action, a Code Compliance Inspection Report must be obtained from the
Building Inspecrion and Design Section, 8 Fourth Street, Suite #200, Commerce Building,
(651)266-9090. This inspection will identify specific defects, necessary repairs and legal
requirements to correct this nuisance condition.
As an owner or responsible party, you are required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, a11 present or subsequent
renters and any subsequent owners. If you sell, transfer, or convey in any manner, the
ownership or responsibility for this property, you must within seven (7) days, notify the
Enforcement Officer with the names and addresses of any new owners or responsible
parties.
The Enforcement Officer is required by law to post a placard on this property which
declares it to be a"nuisance condition", subject to demolition and removal by the City.
This placard shall not be removed without the written authority of the Department of
Safety and Inspections, Division of Code Enforcement. The department is further
required to file a copy of this "Order to Abate° with the City Clerk's Office.
If corrective action is not taken within the time specified in this order, the Enforcement
Officer will notify the City Council that abatement action is necessary. The City Cierk
will then schedule dates for Public Hearings before the City Council at which time
testimony will be heard from interested parties. After this hearing the City Council will
adopt a resolution stating what action if any, it deems appropriate.
If the resolution calls for abatement action the Council may either order the City to take
the abatement action or fix a time within which this nuisance must be abated in
October 16, 2007
1445 MECHANIC AVE
page 5
D�-l�B
accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and
provide that if corrective action is not taken within the specified time, the City shall abate
this nuisance. The costs of this action, including administrative costs will be assessed
against the property as a special assessment in accordance with law.
If you have any questions or request additional information please contact Rich
Singerhouse between the hours of 8:00 and 930 a.m. at 651-266-1945, or you may leave
a voice mail message.
Sincerely,
Steve Magner
Vacant Buildings Program Manager
Division of Code Enforcement
cc: Mary Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
o[a60135 6/07
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STATE OF MINNESOTA
COUNTY OF RAMSEY
Code Enforcement Division
AFFIDAVIT OF SERVICE
pg ,ling
FILE REF.1445 MECHANIC AVE
Timothy Hedberg, being duly swom says: that on the 27TH day of DECEMBER, 2007 at
2:08 PM, I personally served the attached NOTICE OF PUBLIC HEARING upon
LTRW LAND DEVELOPMENT therein named at 971 SIBLEY MEMORIAL
HIGHWAY. City of LILYDALE, County of RAMSEY. State of MINNESOTA, by
pezsonatly handing a true copy ta GREG KLTNTZ, CHIEF MANAGER.
Subseribed to and sworn
before me tlus
day of �
2008. �
NOTARY
—��-����.
Timothy Hedberg/Process Server
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January 29, 2008 Legislative Hearing Minutes � i' (p g Page ll
9. Ordering the owner to remove or repair the building(s) at 1445 Mechanic Avenue within
fifteen (15) days from adoption of resolurion.
The property owner of record, LTRW Land Development LLC, did not appeaz. No other parties of
interest appeazed.
Mr. Magner stated the building was a two-story, wood frame, single-family dwelling with a
detached two-stall gazage on a lot of 16,988 square feet and had been vacant since Apri126, 2007.
A code compliance inspection had not been done, the vacant building registration fees had been
paid, and the $5,000 performance bond had not been posted. On September 27, 2007, an inspection
of the building was done and a list of deficiencies which constitute a nuisance condition was
developed. An order to abate a nuisance building was posted on October 16, 2007 with a
compliance date of November 15, 2007. To date, the property remained in a condirion which
comprised a nuisance as defined by the Legislative Code. Ramsey County Taxation esfimated the
mazket value of the land to be approximately $122,200 and the building to be $61,000. Real estate
tases for the year 2007 were delinquent in the amount of $3,135.84, plus penalty and interest. Code
Enforcement estimates the cost to repair the buiiding to be approximately $70,000 to $80,000. The
cost for demolition was estimated to be approximately $8,290 to $11,290. There had also been four
summary abatements issued to this property since 2007, four of which went to wark order: to
secure the building and the City had to board the building to secure it from trespass, remove
improperly stored refuse, and remove tall grass and weeds. Code Enforcement recommends the
building be repaired or removed within 15 days. Mr. Magner stated that this owner also had owned
properties at 1471 and 1457 Mechanic in addition to this property which was planned to be Phase 3
of the Ames Lake DevelopmenC. At the Legislative Aearing on September 11, 2007, the owner
tesrified that they were not financially able to build the development and they asked the City to
demolish the buildings. Since the arder to abate had been done, one of the demolition contractors
notified him that there had been some flooding and he had inspected the property and found there
was seven to eight feet of water in the basement. He contacted the Water Deparhnent and requested
the water be turned off at the curb. Mr. Magner presented photographs of the property.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated the building was built in 1910
and was a two-story, four square style; however, the exterior had been altered to such that it
appeared to be built in 1950. There was little integrity and the only historic aspect to this property
was that the lot and adjacent lot did not conform with the street grid which was likely before the
properties were platted. She also stated that there was no unique azchitectural characteristics to this
building.
Ms. Moermond recommended the building be removed within 5 days with no option for repair.