08-271Council File # �8 ' �7 �
Green Sheet#3050832
RESOLUTION
� CITY�OF SAINT PAUL, MINNESOTA
Presented
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1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the January
2 15, 2008 decision of the Legislative Hearing Officer on Appeals of Letters of Deficiency and Correction
3 Notices for the following addresses:
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5 Propertv Appealed Appellant(s)
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7 845 Conwav Street Tim Dawson
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9 Decision: Variance granted for the egress windows for the term of this owner's ownership of the property;
10 owner must also include language in the lease concerning the egress windows
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12 2082 Mazshall Avenue
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Bruce Sventek
14 Decision: Variance granted for bathroom sink for the term of this owner's ownership of the property;
15 owner must also include language in the lease concerning sanitation issues
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17 326 Baker Street East
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19 Decision: Appeal granted
Henry Smerud
Requested by Department of.
Adopted by Council: Date .��/y �a�Q,�
Adoption Certified by Council Secretary
By: i
Approved Ma � Date � � 0
By:
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Form Approved by City Attomey
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Form Approved by Mayor for Submission to Council
By:
Approved by the Office of Financial Services
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Contact Person & Phone:
Marda Moermond
Doc. Type: RESOIUTION
E-Document Required: Y
DocumentContact: Vicki
ConWctPhone:
o�-naa.tz-0a
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Green Sheet NO: 3050832
0 ,Couucil I I
1 ouncil I DeparhneutD'uector i
2 iCib Clerk
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Resolufion approving the January 15, 2008 decisions of the Legislative Aearing Officer on Appeal of Letters of Deficiency and
Correction Notices for properties at 845 Conway Street, 2082 Mazsttall Avenue, and 326 Baker Street East.
Planning Commission 1. Has this person/firm ever worked under a contrect for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm 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
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If ApproVed:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial I nformation:
(Explain)
CostlRevenue Budgeted:
Activity Number:
March 7, 2008 8:27 AM Page 1
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ON LETTERS OF DEFICIENCY, CORRECTION NOTICES
CORRECTION ORDERS AND LETTERS
Tuesday, January 15, 2008
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 130 p.m.
Staff Present: Phil Owens, Department of Safety and Inspection (DSn - Fire Prevention; and
Leanna Shaff, DSI-Fire Prevention
1. Appeai of Tim Dawson to a Certificate of Occupancy Deficiency List for property at 845
Conwav Street.
Ms Moerxnond noted that the appellant was seeking and egress window variance. She stated that
Inspector Fish has stated this is quite minor. Ms. Moermond recommended granting the variance
request far the term of this owner's ownership of the property if the owner piaces appropriate
language in his lease.
2. Appeal of Bruce Sventek to a Certificate of Occupancy Deficiency List for property at 2082
Marshall Avenue.
Ms. Moermond requested a staff report. Ms. Shaff stated that on December 18, 2007, Inspector Her
went to 2082 for a Certificate of Occupancy inspection. Mr. Sventek is currenfly appealing Item #7
on the deficiency list "Unit 1-SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 — Provide a
separable hand sink for the bathroom. This work may require a permit(s)."
Ms. Moermond questioned whether this is a financial concern ar other consideration.
Mr. Sventek answered that this is an efficiency aparlment and the bathroom is too small for a sink.
The bathroom has a toilet and bathtub with shower; he noted that there is really just enough space to
stand in there, that the kitchen sink is right outside the door. He added that the house was converted
into aparhnents many years ago, that it has been this way for probably twenty (20) years. The Fire
Marshal suggested to Mr. Sventek that he appeal this item.
Ms. Shaff inquired as to the size of the apartment. Mr. Sventek replied that the entire apartment is
10 by 12 feet, or, maybe 12 by 15 feet. He stated that he has owned the building for seven (7) ar
eight (8) years, and has had a Certificate of Occupancy on the building the entire time he has owned
it. He added that this is the first time this issue has come up.
Ms. Moermond inquired why the code requires a hand sink in the bathroom. Ms. Shaff responded
that the code requires this to facilitate sanitation of one's self separate from the eating facilities,
dishes, etc.
Ms. Moermond stated that it is her intent to require Mr. Sventek to disciose this in his lease
agreement; e.g., a disclosure about the sanitation issues so that whomever rents that space
January 15, 2008 Property Code Hearing Minutes �g ��- 7� Page 2
understands completely. She caurioned Mr. Sventek that he will need to take extra sarutation
measures for the ldtchen sink, suggesting sanitary products of some type.
Mr. Moermond stated that she would recommend granting a condirional variance for the tune Mr.
Sventek owns the building, as long as he continues giving disclosure. She said if there is a new
owner in the future, this issue will have to be addressed at that time.
Appeal of Henry 3merud to a Correction Notice for property at 326 Baker Street East.
Ms. Moermond requested a staff report. Mr. Magner stated it is his understanding that Inspector
Senty issued an order on November 14, 2007 to remove a commercial truck and skid loader from
his residential lot. He noted that a commercial truck is parked behind the structure on an approved
surface; the truck is licensed; and a sldd loader is pazked between two (2) structures, covered with a
tarp. This is on a non-approved surface, which would be grass. He added that the commercial huck
is an issue, as a numbex of complaints haue been xeceived. Ae observed that his department is
acting as an agent for other parts of DSI, the Zoning Division. Mr. Magner then read an e-mail into
the record, which was sent to him by Jeff Hawkins, DSI Inspector III: "Steve, if a house is vacant,
it has no principal use. Parking in a residential district is accessory to a residential occupancy.
Parking on a residential lot is permitted only far the occupants of the house. Also, if the property
were occupied and the resident had an approved Home Occupation, he or she would be allowed a
small pickup or van for business purposes, but trailers and equipment would not be permitted on the
residential lot." Mr. Magner explained that Mr. Hawkins is a specialist who works in Zoning, that
DSI has done dual code enfarcement, that they have this because of the Vacant Building Program.
Mr. Smerud stated that he has used the skid loader for years, and that he stored it where it is so he
can watch it to make sure it is not stolen. He has used this for snow plowing.
Ms. Moermond queried Mr. Smerud about the location of the property. Mr. Smerud answered that
there are seven (7) identical duplexes in a row, 40-foot lots, on a hill. He owns the last three (3)
lots, and his place is on the end of a dead end. He plows the entire alley and some of the other
properties. He stated that the dump truck is a 1969 model and is not commercial and he has had it
since the 70's. He added that he usually has the truck on his property, that he only stores it at its
present location for the winter; and he has placed it between two (2) buildings for security purposes.
He added that it is very easily hot-wired, that it can be started with almost any key. He noted that
he has had two (2) or three (3) snowblowers disappeaz, plus a new forklift, and other things.
Ms. Mcermond questioned whether aerial photos were available; they were available, and were
viewed. Mr. Smerud stated he is aware that the bobcat is not on a paued surface, as he has not yet
done a Class 7 on that, that he will put Class 7 in this spring.
Mr. Magner stated that orders were issued because if the house is not being occupied, and there are
no occupants, there should be no parking. Ms. Moermond added that parlflng goes with residency,
that if the property was occupied, the people occupying the property could park vehicles there. She
added that commercial vehicles are a different issue--there would have to be a business there, a
Home Occupation business.
January 15, 2008 Property Code Hearing Minutes b d��-� � Page 3
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Discussion ensued regarding Chapter 34, whether an error may have been made on a portion of the
correction nofice, whether this was a Zoning Code issue. Mr. Magner stated that the issue that is
being looked at here is that the commercial truck cannot be where it presently is parked, that a
commercial vehicle cannot be on the property. He stated that the correcrion notice can be amended
because it is pazked on a non-approved surface. There cannot be parking between the two
shuctures; there would need to be site plan approval.
Mr. Smerud stated that he can move the truck to a location behind his properiy.
Ms. Moermond recommended that Mr. Smerud be refunded the $25.00 filing fee for the appeal.
She informed Mr. Smerud that he needs to appiy for a Home Occupation permit, that what he is
being called on here is for not hauing one. She instructed him where he should apply. Ms.
Moermond recommended granting the appeal because it is not complete, and is the wrong venue.
She added that this wouid give him some time to correct things.
Mr. Magner questioned Mr. Smerud who the owner of the property was. Mr. Smerud responded
that it is his daughter and her husband, and that he manages the property.
Mr. Magner noted that he will refer this back to Zoning, that if there is no complaint, there will be
no enforcement action. Ae added that action is taken with Chapters 334 or 106 if not licensed, not
operable. He concluded by saying that the big issue is what Mr. Smerud plans to do with the dump
truck and the bobcat, and that Mr. Smerud should explare the possibility of obtaining collector
plates.
Submitted by:
Barb Benson