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08-392, . , _ Council File # Q�' �� Green Sheet # 3051995 RESOLUTION Presented by CITY � AUL, MINNESOTA i( 1 WIIEREAS, Robert W. Orth has applied for an Administrative Review, Zoning File No. 07- 2 201373, under the provisions of Section 61.701 of the Saint Paul L,egislative Code pertaining to the Zoning 3 Administrator's decision that a house is being used as a duplex and the unit in the basement must be 4 removed in the R2 zoning dishict at 1327 Prior Avenue South, legally described as EDGWOOD N lo 5 25/l0o FT OF LOT 55 AND ALL OF LOT 56 BLK 4; and 6 7 WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on February 25, 8 2008, pursuant to said application in accardance with the requirements of Section 64.203 of the Legislative 9 Code; and 10 11 WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public 12 hearing, as substantially reflected in the minutes, made the following findings of fact: 13 14 L The appellant owns and at one time resided at the referenced property. The property is now 15 classified as a non-homesteaded by the County and now requires a C of O from the Fire 16 Deparhnent, the appellant has a mailing address listed at P.O. Box in Mendota, Minnesota. The 17 property contains a one-story single family home and a detached garage that is accessed from the 18 alley. In August of this year, the property was inspected pursuant to a complaint regarding an' 19 illegal dwelling unit in the house, an illegal dwelling unit in the garage and a business being 20 conducted out of the garage. In September of this year, orders were issued to the owner to remove 21 the illegai dwelling units in the garage and the house and to discontinue all business activities in the 22 garage. In November, the property was re-inspected and although progress had been made in 23 removing the illegal dwelling unit in the garage, the dwelling unit in the basement of the house 24 had not been removed. The appellant is appealing the orders to remove the dwelling the basement. 25 26 2. 27 28 29 30 31 32 33 3. 34 35 36 37 38 39 40 41 42 The appellant states that the basement of the house is used as a home entertainment area for his own personal use and that he wants to keep the kitchen in the basement. However, the basement has had an egress window installed and at the time of the initial inspection had a separate locked entrance from the main floor of the house. Regardless of what the appellant states the current use of the basement is, the basement is set up as a separate dwelling unit and has been used as such in the past. The history of complaints on this property goes back to 2005 at which time the appellant was ordered to remove the illegal dwelling in the garage and discontinue any business activity on the property. Pursuant to arders issued at that time, the appellant removed the appliances from the garage but as evidenced by the most recent inspection, the appliances were re-installed after the inspector closed the complaint. This history does not support the appellant's claim that the basement will be used for recreational purposes only. G8-39a- 43 4. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 The basement of the house has all of the elements necessary for a separate dwelling unit. Based on the complaint information and inspections of the property, the Zoning Administrator was conect in his detennination that the basement constitutes a separate dwelling as defined in Section 60.205 of the Legislative Code. NOW, THEREFORE, BE TT RESOLVED, by the Saint Paul Board of Zoning Appeals that the Zoning Administrator did not error in his findings or deternunarion and that this appeal, regarding property located at 1327 Prior Avenue South; and legally described as EDGWOOD N l0 25/l0o FT OF LOT 55 AND ALL OF LOT 56 BLK 4 IS HEREBYDENIED; WHEREAS, Pursuant to the provisions of Leg. Code §61.702(a), Robert Orth, on March 5, 2008, duly filed with the City Clerk an appeal, Zoning File No. 08-037673, from the determination made by the BZA, requesting a hearing to be held before the City Council for the purpose of considering the actions taken by the said Boazd; and WHEREAS, Acting pursuant to Leg. Code §61.7Q2(b), an upon notice to affected parties a public hearing was duly conducted by the City Council on Apri12, 2008, where all interested parties were given an opportunity to be heard; and WHEREAS, The City Council, having heard the statements made, and having considered the 63 variance application, the report of staff, the recard, minutes and resolution of the BZA, does hereby 64 65 RESOLVE, That the Council of the City of Saint Paul does hereby modify the decision of the BZA 66 in this matter, based upon the following findings of the City Council: 67 68 1. That the Board of Zoning Appeals correctly found that the house met the definition of a duplex. 69 2. That the house has never been used as a duplex and was never intended to be used as a duplex. 70 71 FI JRTHER RESOLVED, That the appeal of Robert Orth be and is hereby denied; and, be it 72 73 FURTHER RESOLVED, that the decision of the Board of Zoning Appeals is modified and the 74 Council orders that Mr. Orth do the following: 75 76 77 78 79 80 81 82 83 84 85 86 87 88 1. Remove the lock from the door separating the basement from the rest of the house so that the basement is always accessible from the rest of the house. 2. Record a restrictive covenant on the deed to the house stating that the property cannot be used as a duplex. This covenant must be recorded within ninety (90) days of this decision. D$-3qa- 89 FINALLY RESOLVED, That the City Clerk shall mail a copy of this resolution to Robert Orth, the 90 Zoning Administrator, and the BZA. 91 Requested , y e� • nt of; G,� a � By: Approved by the Office of Financial Services By: Ado Ado By: App By: Appr by CiTy Attomey Bv: l w,(,,� Tli.� pted by Council: Date ��/G��Gi'� Approve �a or or Submiss� to Coypcil ption Certified by Co cil Secretary $y �}Gi�_.� � rovedby or: Date � Il{' D� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � oF�- 39a- CA �ity Attomey 07-APR-08 Green Sheet NO: 3051995 Contact Person ffi Phone: Rachel Tiemey 2668710 Must Be on Council AS1en Doa Type: RESOLl1TIOtJ E-Document Required: Y Document Contact: Rita Bossard � Assign Number For Routing Order Conpct Phone: 266-87'14 I I Total # of Signature Pages _(Ciip All Locations for Signature) 0 itv Attorne 1 i Attorne De artment Director 2 ' Attorne 3 or's OtHCe Ma odASSistant 4 auncil 5 i Clerk Ci Clerk Memorializing City Council's April 2, 2008, motion denying the appeal of Robert Orth of the decision of the BZA fmding his property to be a duplex. Zoning File # 07-201373. dafions: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this department? Yes No 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 separate sfieet and attach to green sheet Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): The Council is required pursuan[ to the City Char[er to have its actions reduced to a writing dependent upon the nahtre of the matter before it. , The decision of [he Council in this matter required a resolution in order to comply with the Charter. Approval of the attached resoiution fiilfills the Council's duty under the Charter. . Advantages If Approved: City Charter requirement will be met. Disadvantages H Approved: Failure to approve the resolution violates the City's Charter requirement. DisadvanYages If Not Approved: City Charter requirement will not be met. T[ansaction: Funding Source: Financial Information: (Explain) CosURevenue Budgetetl: AGtivity Number: April 7, 2008 9:31 AM Page 1 DEPARTMENT OF SAFETY AND INSPECTIONS pg , 3�� Bob Kessler, Director CITY OF SAINT PAUL Christopher B. Coleman, Mayor Mazch 5, 2008 Mary Erickson Council Research 310 City Hall St Paul MN 55102 Dear Mary: COMMERCEBUlLDING Telephone: 65I-266-9090 8 Fourth Street £ast, Suite 200 Facsimile: 651-266-9124 St Paut, Minnesom SSI07-T 024 Y3'eb: www s4�aui ew/dsi I would like to confum that a public hearing before the City Council is scheduled for Wednesday, April 2, 2008, for the following zoning case: Appellant: Robert Orth Zoning File #: 07 - 201373 Purpose: Location: Staff: District: Boazd: An appeal of a decision of the Board of Zoning Appeals denying an appeal of orders issued by the Zoning Administrator to de-convert the house at 1327 Prior Ave S. from an illegal duplex back into a single family home. 1327 Prior Ave S. Recommended Denial Recommended Denial / No Position Denied on a 5- 1 vote I have confirmed this date with the office of Council Member Pat Harris. My understanding is that this public heazing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice o£the hearing in the Saint Paul Legal Ledger. Thank you! Sincerely, 7ohn Hardwick, Zoning Specialist �NOTiCE OF PUBLIC HEARING 'flie Saint Paul GYty Council will conduct a public headng on Wednesday, April 2, 2008 at 5:30 p.m. in the City Council Chambers, Third Floor, C3ty Hall / Coiut- house, 15 West Kellogg Boutevazd, St. Paul, MN. to consider the �appeal of Robert Orth to a decision of the Boazd of Zoning Appeals denying an appeal of orders is- sued by the Zoning Administrator to de-convert the house at 1327 Prlor Ave- nue South from an illegat dupleic back to a single-fawily home. [ZF 07-2013731 (March 10) ==-s= 51: PAUL LEC.AL 1dS17GNR ==Y=- 22181473 AA-ADA-EEO Employer DEPAR'I'MENT OF SAFETY AND INSPECTIONS BobKessler,Director ogi 3ga- � � � crrY oF sa�r raui. Christopher B. Coleman, Mayor March 5, 2008 Mary Erickson Council Research 310 City Hall St Paul MN 55102 Dear Mary: COMMERCEBUILDaVG TeZephone: 651-266-9090 8 Fmvth Sbeet East, Surte 200 F¢csimile: 657-266-9124 StP¢ul,Minnesoia55Z01-IO24 Web: www.sfvauZ.awldsi I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, Apri12, 2008, for the following zoning case: Appellant: Robert Orth Zoning File #: 07 - 201373 Purpose: An appeal of a decision of the Board of Zoning Appeals denying an appeal of orders issued by the Zoning Adminislrator to de-convert the house at 1327 Prior Ave S. from an illegal duplex back into a single family home. Location: StafF. District: Board: 1327 Prior Ave S. Recommended Denial Recommended Denial / No Position Denied on a 5- 1 vote I have con£umed this date with the office of Council Member Pat Harris. My understanding is that this public heazing request will appeaz on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Tl�auk you! S' rely, J hn Hardwick, Zoning Specialist AA-ADA-EEO Employer � ShINT P/.UL A� APPLICATION FOR APPEAL � ��{� � ��,•� `� Department of Safety and inspections Commerce Bui/ding 8 Fourth St E, Suite 200 Saint Pau/, MN 5590� 65� 266 9008 APPLICANT PROPERTY LOCATION ► �! ' City s. � L St. (VItV Zip J l� Daytime phone��b�� % Name of owner (if different) 1 Address_ ��(}�� Legal description: additional sheef ff TYPE OF APPEAL: Application is hereby made for an appeal to the: � ❑ Board of Zoning Appeals �City Council under the provisions of Chap 61, Section �, P ragra� made by the_ " oCt,,�{);� /)� 2vNt�� t'b(}�p, m . �� _, 200�. Fite number: of the Zoning Code, to appeal a decision GRQ_UNDS FOR APPEAL: Explain why you feei there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals qr the Planning Commission � „ L� is .��f u e�te�c�t f�c�-e,tfr�� vn.�. ('�s��;a� �S c� (��-crac�.{7�a /�.��. `. ��.:�� f��ft�3�,vo se.p�,�.fie (a.,,�ckne� �il�{ceS ,��e.��2 I{e.l��,esS�. t�uty e�e,�-{ecQ aS �, &Q�ne �b 3�n fes� Rr��lf5. ,,: C�.�� r.�ne tte�.r�, ¢1�a, st�,�.t tw � N� f .• ; t _ ._ � ; _� 6�t�,6p� 2oN�n� �36�,a� �f �, ea1� �u�P,e a�f�fla tl��s cs n�o� �� t ��1�� {� G�� ut� tte �e� �3,v�F tt�TcH�J' r.v vn:�`S P � G.a /uA /LetiE�Q a-S S�se�,• �t.�S un�.. it v�tn_e��4�f �v1�c� ccU{.�.G.�� t�.(�oUc� 4.v N.y l'J e.. sn� lnu�ce 4 sr�,. �• `� f�i �..� a.� e;crf�,$e�enstnLa� e�r�°r'�,.? �atfach additiona/ sheet if necessarvJ (�_f:�' � tb��L `i3�ri�+,S�: �-'az-sE: �-�.- Applicant's signature U / �t'� ° " ' �� Date � � City agent , �� y3�S . 3��J�g� S l E.� ; � � -� - � �� ;' ,. , �; F � `". S S � J' i K y � S "' ' �; x s �.. x ' � } s Y`t x.� L, > 'Y x i,, �' . . . . ..: r„ . . .. � .r � , � F y wjj ...., � . . ... ... ... . ... .. . . . . _. . . . .. . � . . .. . . - .. . . _.... �,:: �:."'""' ': .. -.� � — _ . . _. .... . a.- ' ' :€¢ e��---� =<�..�, ' Du�leX A house whicb bas se�aratebut eamplete ` fac'slities to aecoznmodate two f��es �s either adjacez�t �a.its or ane vn top o#the otTaear- � ��g��t€tians Easy io unde�stand explsnatiorra tar WtnmoR iegaf terminatogy. Dictianar�t � 1 CitrJc Qefi�itions & Translatlar►s- 50 l.ar�gua�ges. Free Dawntoad! xevsr.8a�ytan.com � Cnminal.�fvt Seerrh law$. rs9ulationa, e�des by pr�r� aroaa & sfate. �,v�ww,Fin�:i.aw,com l�.�reAl Divorce 1.��!�rYer L.e�ding �irm with tnternatiet�at F'dntily L8w �xAec�. femiry!awmo�trsal.eonF . M � � 9 �Lesources LawMag rn by, first tefter: : D E F G H�.3 K L M A house whicb� has se�sarate bnt c:azn�le�te �ae�l�i,tites ta ac�ouaa�c5d two #amlies as eitllex adjaceat umits or one on top af the o�er. fa CVti I ^"� � l E 1i17 ��`1 V � "'" ,� 4 l � DEPARTMQ�*r OF SAFETY AND INSPECTIONS Bob KessZer, D'n�ecior Og .3 g� CTfY OF SAINT PAUL ChristopherB. Cotemmi, Mayor March 5, 2008 Robert Orth 1327 Prior Ave S. St. Paul, MN 55116 COMil�RCEBi77T.DING Telephone: 657-26b9090 8 Fmoth SbeetEas; Suite 200 Facsinti7e: 657-266-9124 St Pm� M'amesota 55701-1024 Y�eb: iwnv.sioaul Qm•/dsi RE: Adminisirative Review of the Zoning Administrator's order to convert the illegal duplex at 1327 Prior Ave S. back into a single family home. Zoning File # 07-201373 • Dear Mr. Orth: We have received your appeal of the Boazd of Zoning Appeals decision your appeal of - Zoning Adnunistrator's order for the referenced properiy. Therefore, pursuant to State � Statute 15.99 we aze extending the deadline for action on the referenced zonlna application an additional sixty (60) days in order to allow the City Council to heaz the appeal. The new deadlnie is May 12, 2008. If you have any questions regazding tlus matter you may contact me at 651-266-9082. r �2��."-� � Hardwick, Zoning Specialist s . 5 AA-ADA-EEO Employer BOARD OF ZONING APPEALS 3TAFF REPORT TYPE OF APPLICATION: APPLICANT: HEARING DATE: LOCATION: LEGAL DESCRIPTION: PLANNING DISTRICT: PRESENT ZONING: REPORT DATE: DEADLINE FOR ACTION: Adwinistrative Review ROBERT W. ORTH February 25, 2008 1327 PRIOR AVENUE SOUTH ZONIlVG CODE EDGWOOD N 1 O 25/100 FT OF LOT 55 AND ALL OF LOT 56 BLK 4 15 � December 4, 2007 March 25, 2008 FII.E #07-201373 61.701 BY: John Hardwick DATE RECEIVED: l�ovember 16, 2007 � A. PiT1tPOSE: An appeat of the Zoning Administrators' decision that the house is being used as a duplex and the unit in the basement must be removed. B. SITE AND AREA CONDITIONS: This is a single-family home with alley access at the rear to a detached garage. Surtounding I,and Use: Primarily single-family homes. C. BACKGROUND: The applicant is appealing orders from the Zoning Adminisirator to remove the illegal dwelling units from the house and the garage. D. CODE CTTATIONS: Sec. 61.701. Administrative appeaLs. (a) The Uoazd of zoning appeals shall have the power to heaz and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the zoning administrator in carrying out or enforcing any provisions of the code. Sec. 60.205(d): Dwelling unif. A building, or porlaon thereof, designed for occupancy by one (1) family for residential putposes used or intended to be used for living, sleeping and cooking or eating purposes. � Page 1 of 3 b$ � 392- • File #07-201373 Staff Report Sec. 65.141. Home occupation. (b) A home occupation sha11 not involve the conduct of a generai retail ar wholesale business, a manufact�zring business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property, and shall not involve retailing except as noted in pazagraph (a). (c) A home occupation shall be carried on wholly within the main building. No home occupation shall be allowed in detached accessory buildings or gazages. E. FINDINGS: 1. The appellant owns and at one time resided at the referenced property. The property is now classified as non-homesteaded by the County and now requires a C of O from the Fire Department, the appellant has a mailing address listed to a P.O. Box in Mendota Miunesota. The property contains a one-story single family home and a detached garage that is accessed from the alley. In August of this year the property was inspected pursuant to a complaint regarding an illegal dwelling unit in the house, an illegal dwelling unit in the garage and a business being conducted out of the � gazage. In September of this yeaz orders were issued to the owner to remove the illegal dwelling units in the gazage and the house and to discontinue all business activities in the garage. In November the properiy was re-inspected and although progress had been made in removing the illegal dwelling unit in the garage, the dwelling unit in the basement of the house had not been removed. The appellant is appealing the orders to remove the dwelling in the basement. 2. The appellant states that the basement of the house is used as a home entertainment area for his own personal use and that he wants to keep the kitchen in the basement. However, the basement has had an egress window installed and at the time of the initial inspection had a separate locked entrance from the main floor of the house. Regardless of what the appellant states the current use of the basement is, the basement is set up as a separate dwelling unit and has been used as such in the past. 3. The lustory of complaints on this property goes back to 2005 at which time the appellant was ordered to remove the iilegal dwelling in the gazage and discontinue any business activity on the property, Pursuant to orders issued at that time, the appellant removed the appliances from the gazage but as evidenced by the most recent inspection, the appliances were re-installed after the inspector closed the complaint. This history does not support the appellanY s claim that the basement will be nsed for recreational ptuposes only. � � Page 2 of 3 File #07-201373 StaffReport 4. The basement of the house has a11 of the elements necessary for a sepazate dwelling unit. Based on complaint information and inspections of the properly the Zoning Administrator was correct in his deterruination that the basement constitutes a sepazate dwelling unit as defined in Section 60.205 of the Legislative Code. E. DISTRICT COiJNCIL RECOn�IlVIENDATION: As of the date of this report, we ha�e not received a racommendation from Dishict 15. F. CORRESPONDENCE: Staff has received a letter opposing this appeal from an adjacent properiy owner. • ['.- �TAFF RF('OMMFNDATION• Based on findings 1 through 4 staffrecommends that the Board find that the Zoning Administrator did not ezror in his findings or determination and that this appeal be denied. � � 1 __ _ Pa�3of3 � �s�� APPtICA710N FOR APP�A! Deparfinenl of Planning and Economic Developmerzt Zonirzg Section • I400 City Ha7I Annex 25 West Fourth Street Saint Pau1, MN SSIO2-T 634 (65T) 266-6589 APPLfCANT PROpERTY Zoning File LOCATION AddressfL TYPE OF APPEAL: Application is hereby made for an appeal to the: _ .� Board of Zoning Appeals ❑ City Council Under tfie provision of Chapter 64, Section Paragraph � of the Zoning Code, to appeal a � decision .made hy fhe G p'(rt�I�-t.G J`�p� �ik, on �t • � 20� �. File Number: (date of decision) fROUNDS FOR APPEAL: � Explain why you feef there has been an error in any requirement, permit, decision or refusal made by an adminisfrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Pfanning Commission. i�. f n,._e. �n c ✓u �.-ll e�e. �-e. e� ��n 1' �� S� Se �e�c�-� fJ n i� j C� n(,�& l��C .��4. V lu n�2 �S _ e� � � � �e se��,�e ��t�-S . ��Z �o� rn�S ��S� fl�{ ��ee,u nen � S � �e. � �-� � . �c _ �� AS�� (S �e. ��e. �i.�,��etwr� Q�.e4 . Ga z (f s ,iv�, -� � � �� "" ( � � g�� /i» � c�n�� r�.� C��c�(�..� cS „��Q � t,c�-e.� �►,ne� vn�`�'.. j�- S�uCI b {��s��A��.� n � ��-��5 t��`�n�5 2fc ( �-�.�n�nP ��b�B��L� (��5� M� � � ��s.s D�� , 7-� �^� �� e��J �C� �c l�� « � � (atfach additionai sheet if necessary) f.�.(,Z C( � �l Applicant's """ ` ��✓" "G�ate �`( �v t � City Agent ,GZ .A is � D�ARTMENT OF SAFETY AND INSPECTIONS Bob Kessle•, Director C1TY OF SAIN'P PAUL Christopher B, Colemart, Mayor November 9, 2007 ROBERT W ORTH P O BOX 50785 MENDOTA MN 55150-0785 Re; 1327 Prior Ave S Dear Property Owner: COA�iLfERCEBUILDING A 8 FourtO SL E, Suite 200 Saint Pau� Mdutesom SSI01-IO24 NOTICE As you were informed in fetters from this office dated 2R/05 and 9/10/07, Te(ephone: 65I-2669090 FacsisnTe: 657d66-9124 Web: www.slnaul.sov/dri have been referenced properiy. This property is located in a R2, one-family residential zoning district and may be used as a single-family home, as per Section 66221 of the Saint Paul Legislative Code. During your requested inspection of this property 10/26107, progress removing the illegat dweliing unit in the garage was noted with further direction provided; but you stated the illegal dwelling unit in the basement of the house was stili in place and would not be removed prior to the previously ordered compliance date of 10/31/07. You were instructed that the following was stili necessary to bring the _ garage into compliance: cover the openings where the water suppiy is located in the former shower walf with matching tile; remove the shower base and drain opening; and cover the floor opening with matching tile where the shower base and drain was located. You stated this work in the garage would be completed prior to 10/31/07. In order to bring the house into compliance, the following is necessary: remove the cabinets, sink and stove from fhe basemenY kiYchen; pp the utility lines (gas, water, 220v electric, etc.) in the wall of the basement kitchen; cover openings in the wall created by utiliry removal with sheetrock or other durable material matching the surrounding surface; and remove key locks from interior doors separating the basement and first ftoor. The illegal dwetling u�ifs in the garage and basement of the house must be completely removed prior to 11/26107. Failure to comply with this order or repeat violations will result in further legal action by this office, including criminal citations to all responsible parties. I have enclosed a copy of referenced sections of fhe City of Saint Paul Legislative Code, You may appeal this order and obtain a hearing before the Board of Zoning Appeals by filing an Application for Appeal and paying an application fee to the Zoning Administrator within ten (10) days of the date this order was mailed. No appea! may be filed after that date. Applications are available at the address above or at htto://www.ci.stoaul.mn.us/deots/dsJlieo/zoninq/. If you fiave any questions regarding this matter, please contact me at 651-266-9087 or tom.ferrara(o�ci.staaul.mn.us. Sincerely, Thomas Ferrara Zoning Inspector enc. AA-ADA-EEO-Employer � �� AK:A k �.. 7 Y Y:.� � ` s � Cf'FX OF SAINT PAUL - ' Chrislopher B. Coleman, Mcyor DEPARTMENT OF SAFETY AND INSPECTIONS BobKessler,IIirecfoY AQ��q r,� , COMMERCEBU.iLDING 8 Fo'vrth SE E Suite 200 Saint P¢ul, ?v/�mneso(a�551 bl-IO24 E3�I'ORCEIYIENT NO'IICE 2eleghane: 657-266-9090 Fncsimile: . 631-266 972d R'e4: wwwst�tedvldsi September 10, 2pD7 FZ08ERT W OR7H P. b $OX 56785 MENDOTf1MN 5b150-0785 Re: 132T Prior Ave S Dear Froperty Owner: As w� have discussed ori multijile accasions, corrip(aiats have beer� received Fegarding illegal dweiling units in the garage and hous� and fhe operation oP a business from tfie garage at ffie above referenced property. This property is focated in a R2, one-fainily residential zoning d(sfrict and may only b� used asa sirigie=family home, as per Sectio� 66.221 of the Saint Paul Legislativ� Gad'e. A home occupation is permitted in a residential distrlct provided it meets fhe reqtairemenis in � 8ection 65.941 oP#he Sainfi P.aut Legisfative Code, This section of hhe spde requires t{�at a home occupation be earried on wholty wifhin the main building and thaE no home occupation sha{I be ' allowed in detached accessory buildings or garages, Addifionally, it is required tF�af the dwelling unit be the princip�I residence of one of tha persnns cc�nducttng fhe home occupatio�. During an in�p€c6on of the house and the first stoey of the garage on this prop�rty 8/22/07, a seeond dwelling'�nit was pres8nt in the I�asement, a tf�ircl bathroom was present on the house's top floor and fhe garage was being used for commeroial purposes. An interior loekirrg. door near fhe side er�try separaFed the baser��nt and the main: level. The basament contained a full 6athraom, a funetioning kitchen and an egre'ss window: MaiiYrom Xeel' Energy addressed fo °Robert �iV Or�fi, Unit GaY�ge 1327 prior Ave S, St Paut, MN 5�196 2658," plus mailings from Ind�strial Custom Produets and ULfNE addresszd to your business (Weather Lock Windows, inc: and RoberE Orth, President, Weather Lo�k Internatiorta9) at this address we're presenf in the horr�e. Inside the garage, there was business storage and multiple'stacks of papecv,rork, pfu's evidence of business related carpentry work. You stated tfiat you 6uift a fair boofh foryour business in tlae garage. q water fieater was also pr�sent inside ftie garage. Copies of the home oceupation code and 2!7/05 oPders regarding this properly were presented to you. During an inspection of �he second story o4 the garage 8l27/07, a shower, sink, toilet, builf-in microwave, couch, comp�ter and instniments were present and you stated the space w�s used �f praefic'sng musia Hovve�ef; you 4ater stated fhat you only work ir� the garage heavily prior fo t.P�e state fair for your Ntindow business and that it is v�ry limifed othenvise. 2(7/05 orders fa- remove the microwave and watea heater along.with fpe required removal of other garage plumbing K+ork then req�ired weTe discussed. You were no6fted that the basement of the house constituted an iilega! dweiling unit and you stated fhat you instaYled the basement kitchen with a friend. � (�ontinued on Folfowing Page) ! I, SepfembeF10, 2Q07 Page 2 of 2 Re: 1327 Prfor Ave 3 in a IetEer to you from this office dafed 2/7/OS, fhe following was orderetl: ff is fhe Cjty`s determination that this garage is 6eing used as an illegal dwe(ling unif. Additiortally, there are no records of you o6ta�ning any perm[ts 4or the plumbing and e(ecfrieai work done in fhe garage. In oPder to 6nng tfiis garage int-0 compfianee With the zonirig code, you must, uader a perFnit, remove the pfumbing and e[eefrical wirirsg ir�sfai[ed wiffiouf a permiE and eap ofF at� Ehe pipes at fhe saurce. The buitt-in mtcro�nrave, th� built-in refrigerator, and tfie water heater �usf also be removed. All {he work must be compte#ed no later than Monday, February 2t, 2005. 7he baserrienY is an ilfegal dweliing uflit, Ehe iilegat dwelling unit in the garage has not fuily been remnved as previously ordered ar�c# conducting busin�ss activity in the garag� are uiolations of the 3airit FaU! �egislative God€. I7Uring our phone conversation 8/26/07, }rou �vere given fl�e foNowing qrder.s: remove fhe water heater and puilt-in microwave from t�te garage, as initFa!(y ordered 2f7l05; remove the Shower in #he garage and cap fhe plumbing to tlic shawer in tfie wall, covering fhe opening wiff� sf�es�ro�k andfor tile; remoue tfie cabinefs, sink and skove from th� baseinent kitchen; Eap tf�e utili#y lines (gas, water, 2�Ov e[ectric, etc.} in fhe walt of fhe aserhent kitchen and cover wi#h sheefrock; and to d�scontinue any aetivify on this proper(y that dnes not compiq wifh the requiremen#s of a home occupafion. 71te above t�sKs must be coinplefed priot to 1Q/3'{/07 and all you� business acfivify on fhe property other than tfie removal 6f ifems frnm the garage rriusf cease effectiye fhe date oF this notice. I have enelosed a copy of Fe�eren.ced sec6ons o€ the City of Saint Paui LegisJative Coii�. You may appeaf thts order artd obtain a hearing befnr€ the Board of Zoning Appeats ky fr(ing an Appi[cat+on 4or A�peai and paying an appiieatiott fee fo the Zoning AdminisErafQr'within ten ('(0) days of the date this order v�ias mailed: No appeal may b� filed after that date. Applicatio'ns are avaifab(e af fhe address �bove or at hE#p:%Iwv�rr_ci.stAaul mn usld'ents/dsiAieplz'onina/. I# you have any quss{jons regardi�g this rriatter, please contapt me at 851-26F-.9087 or tam ferrarafo�ci sfpaul mn us. ��,.a,� � Thpmas'FerPara Zoning Inspector enc. � � �,� _ t r: . ` ,1 � AA-ADA-EL•O-Employec _ __ u SAIVi PAUL � AAAA CTTY OF SAINT PAUL Randy C Kelly, Mayor OFFICE OF LICENSE, INSPECfIONS AND ENVQiON[v�N'CAL PROTECT[ON }�p� 2G��,. Jane� S Rosaq IXrector !/ Z> J LOWRYPROFESSIONALBUILDING Telephone: 651d669D90 350 SY Peter StreeS Surte 300 Facsimi!¢: 657-166-9I24 SaintPaul,Mbmuom55l02-I510 Web: www.ci.atpauLmnur/liep ENFORCEMENT NOTICE February 7, 2005 Robert W. Orth P.O.Box 50785 Saint Paul, MN 55150-0785 Re: 1327 Prior Avenue S. Dear Mr. Orth: As you already know, we have recently found that you have an illegal dwelling unit above the garage of this property. This property is located in a R2, singie family residential zoning district. Our records indicate that this property may only be used as a single famiiy dwelling. During the inspection conducted on Decem ber 22, 2004, I noticed the following items in this unit above the garage: a built-in microwave, a built-refrigerator, a shower, a toilet, a � room. There were also a N and musical instruments in what couid be a living room in this unit. It is the City's determination that this garage is being used as an ill egal dwelling unit. Additionally, there are no records of you obtaining any perm its for the plumbing and electrical work done in the garage. In order to bring this garage into compl iance with the zoning code, you m ust, under a permit, remove the plum bing and electrical wiring installed without a perm it and cap off all the pipes at the source. The built-in microwave, the built-in refrigerator, and the water heater must also be removed. All the work must be completed no latef than Monday, February 21, 2005. The garage will be inspected after then to ensure compliance with this order. If you have any questions, please call me at 651-266-9080. Sincerely, Yaya Diatta Liep Inspector II Appeals: You may appeal this order and obhain a hearing Before Ne BoaM of Zoning Appeals by filing an Applicafwn PorAppeal antl paying Ne application fees to the Zoning PAministrator within ten (10) days ofthe date these ortlers were ma�Yed. No appeals may be h7ed afterthat date. You may obtain an applicaFwn from Me Zo�ing Administratots Ofice, 350 SL Peter S6eet, Suite 30D, Sk Paul, MN 55702. You must aubmil a wpy of lhis mtlarvinh your appiication. enc. c: Tom Leciair, Senior Plumbing Inspector AA-ADA-EFA Employer . �� Date: File #: Folder Name: PIN: September �i7, 20G7 07 -134001 1327 PRIOR AVE S 212823230039 � � Se�� J �; ��- �'� � �� • . . �� F � Ill( --- ili��' � � f s � � � \. �:� 3 _, ; + 4:� "�' c �_ � ., s � � : � �� ; � ��. �� a y ��` `�.�. �. � �. � � _ � i I � ' ��;�' .�' � �� ---,,, � �� M1� r , � '� 4 ✓ ' `'S l t .^ v � 3:: y � e .:~ .. I �`� 13 �� s 3 i E's"=/'�- s'�'' £ -'��""2 � vR l . �".-+v� s� A_ t } 3i' F . � � ��£�,iYer� `L.a� .. ..G Z'�SS -..»... � __ . . ��`�<�? x � � "� � f � �-,,, ,Y� a:%r'�� . . - �`�..�� v..e :�...ri . - , � .,.�.�, . . � � �� .c.%"' �° �� 'U �+ . '��``�-,�,��'�� ' •, , yg �u � � } �� f � -- �� :��.� r � �'��r� �~ � �� . � . � j �;�' z : :� ,� ry � ��'c �. t t- �� t a . � E a i a, � - �� ❑ Mr John Hazdwick Zoning administration Dept of Safety and Inspections St Paul, Minnesota 55101-1002 November 30, 2007 FILE NO.: # 07-201373 To whom it may concem Dear Ladies/Gentlemen; I live at 1346 Sumner St, wluch is across the alley and tUree houses South of 1327 Prior, the property in question. The appeal should not be graated. Past tenants have been rowdy and known to have frequent late night events that go on into the morning hours. o y ve no c on boulevard. I'm sure the actions aze amplified by the number of occupants. This structure should be a single family dwelling. Dennis E. Lutzwick 1346 Sumner St. St. Paul, MN 55116 � f�� i2i14/2007 09:24 2627851966 QUALITY INN MKEBKFD �, Gec.14, 2C�1 9:i2RM l • nest far Cant3z�aance �7ar3ance Re9 � Hoard of �oning �Isk��s CIO 3ohnl�azdwi� Qf&ee af LI.E�'. City of Sain4 Paut r�aierce SLUJ,dtng 8 Eas� 4th 5treet,5 �01200 saint£a��, N�• o`t- �,D ��,3 Re: Zoning P�1e'� �--�r PAGE 01 No.4149 P� ? " � � �_ `7—r � 313 �8 .3y� Dwr Boasd Members: p t � on the refeteneed ZoningFs�e b� x tequest thac she ublic heating schcdu�e& foz' � Z a of t3�=e9�� tltat tt3e City cor�rinued for a petiod aoc to exc� _1Q.��-�• �p da s o£receiPt o� � aPi�li�op for a mvst mske a fu�al. decis�an on th�e =��t a��'t(n Mi� Stst, ] 5,99 j199� a»d hez�ebY zoning variance or an adminis ,�� si4q 60 da eriod- waive my rights to a finat decision within tY t) Y P Sincerely, ��c�,c�„� ��. c�.b�� Si�ann�e o£ ApPlieant or Fr'snted mm�e of Applic�t Azsplisant=s ropresentative or iepresenta4ive calc�,�b� Aate of roquast � � _ ` �n, ti, �� r L- . � December 13, 2007 To: City of Saint Paul Department of Safety and Inspections 8 Fourth St E- Suite 200 Saint Paul, MN 551 01-1 002 �� 4 2�Q7 pEG � � Regarding the Hearing Monday December 12, 2007 at 3:00 PM, File 07-201373, I do not want the properiy at 1327 Prior Avenue South zoned as a dup(ex. This property has had numerous police calls. �new is �s��II�-na�shoveled The garage has been used as a living quarters. I request the removal of the basement and the garage as living q�arters. John Lybeck 1334 Sumner St. St. Paul, MN 651-456-7762 , �� 1327 Prior Ave South � Page 1 of 1 John Hardwick -1327 Prior Ave South From: To: Dafe: Subject: 'Zentsch, Steven" 1/3/2008 4:26 PM 1327 Prior Ave Soufh � /: � John, At the High�and District Council's Community Development Committee meeting on Dec 13 the subject appeal was discussed. Many ne+ghbors have calisd the council o�ce #o complain about the propzriy. �ne neighbor attended the meeting to voice eoncem. _ The committee unanimously recommends the appeal be denied and the directives speiled out in the Sept 10 letter to Robert Worth from Thomas Ferrara be en#orced. We see that the appeal be laid over for 60 days at the Dec 17 meeting. Thanks for your efForts to improve this property, C� . Steven Lentsch Community Developmen# Committee Chairman CONFIDENPIALITY NOTICE: This e-mai3. communication and any attachments may contain proprietary Any unauthorized review, use, disclosure or distribution is prohibited If you are not the intended recipient, please eontact the sender by re �` fileJ/C�\nocnments and Settings\Hardwici\T,ocal SettinQS\Temn\XP¢rnwise\477DOCB6mai..: U4/2008 2/25/2008 John Hardwick -1327 Prior Ave Pa e 1 From: ro: Date: Subject: Highland District Council <hdc@visi.com> John Hardwick <.lohn.Hardwick@ci.stpaul.mn.us> 2/25l2008 10:45 AM 1327 Prior Ave ¢ � �._,. CC; John, Pattie Keiley <pattie.kelley@ci.stpaul.mn.us> I am not sure if this is in time, but i thought 1 would try. The Community Development Committee met last Monday night and listened to both Mr. Orth and some of the neighbors. RESOLVED, that the Highland District Council (1) takes no position regarding 1327 Rrior Avenue and the request of Robert Orth, the property owner, regarding his appeal of the city's determination that the property was a duplex not allowed under its code and that he must remove certain items from the basement of the ho�se and make other changes so the structure no longer fits the definition of duplex, (2) takes no position on whether this building fits the definition of duplex under the St Paul code, and (3), requesfs that the City of St Paul make that determination and enforce anv applicable ordinances or codes Please let me know if this was in time for the hearing, as I am sure the board will want to know, Thanks for your help, Kathy Carruth Community Organizer Highland District Council . �� Variance Request for Continuance 6S' 392- � Board of Zoning Appeals C/O John Hardwick Office of L.I.E.P. City of Saint Paui Commerce Building 8 East 4th Street, Suite 200 Saint Paul, MN. 55101 Re: Zoning File # ' �� Dear Board Members: I request that the public hearing scheduled for �' N a�� on the referenced Zoning File be continued =U�lltlab days. I am awaze of the requirement that the City must make a final decision on this matter within sixty (60) days of receipt of an application for a zoning variance or an administrative review as stated in Minn. Stat, 15.99 (1995) and hereby waive my rights to a final decision within the sixty (60) day period. Sincerely, �� , Signature of Appiicant or Applicant=s representarive � ' �- �� Printed natne of Appiicant or representative �cJ�� g Date of request. � �� PROPERTY WITHIN 350 FEET OF PARCEL; 1327 PRIOR AVENUE SOUTH � ,� � � �'' � � r� i r �y ':ic-� na.:a : r. i e �: �.. _a �a, u .,c-.a e i � 0.06 0 0.06 0.12 Miles N � S �d `� E CREATED BY DSI � ! 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. il. 12. 13. 14. 15. 16. ��: o8 �3ya- SUNRAY-BATTLECREEK-HIGI iiAZEL PARK HAUEN-PROSPERITY HILLCREST WEST SIDE � DAYTON'S BLUFF PAYNE-PHALEN NORTH END THOMAS-DALE SUMMIT-iJNIVERSITY WEST SEVEN1�i COMO HAMLINE-ivIIDWAY ST. ANTHONY PARK MERRIAM PARK-LEXINGTON HAMLINE-SNELLING HAMLINE MACALESTER GROVELAND �G� 5 SUMMTI' H1LL � DowN-rowN I zC �� $ �� 7-ao1s73� i -.� CITTZEN PARTICIPATI03�I PLANNING DISTRICTS CITY OF SAINT PAUL Deadline for Action: o3-zs-os • BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER: 07-201373 DAT'E: February 25, 2008 WFiEREAS, Robert W. Orth has applied for au Adnxinistrative Review under of the provisions of Section 61.701 of the Saint Paul I.egislative Code pertaining to the Zoning Adiuinisirators' decision that a house is being used as a duplex and the unit in tha basement must be removed in the R2 zoning district at 1327 Prior Avenue South; and WHEREAS, the Saint Paul Boazd of Zoning Appeals conducted a public hearing on February 25, 2008 pursuant to said application in accordance with the requirements of Section 64.203 of the Legislative Code; and 1 ' �- . � ' :�. � . �� • •..-. .. -� .�� - �-� - � - -i -� . �- � � � -. � • 7 i .iY M .11 � - i ° -•� u �� - mu � - u :i. - u - : - :.-.: ° - - - The appellant owns and at one time resided at the referenced pmperty. The property is now classified as non-homesteaded by the County and now requires a C of O from the Fire Department, the appellant has a mailing address listed to a P.O. Box in Mendota Minnesota. The property contains a one-story singie family home and a detached garage that is accessed . from the alley. In August of this year the pmperiy was inspected pursuant to a complaint regarding an illegal dwelling unit in the house, an illegal dweIling unit in fhe gazage and a business being conducted out of the garage. In September of this year orders were issued to the owner to remove the illegal dweltiug units in the garage and the house and fo discontinue all business activities in the gazage. In November the properiy was re-inspected and although progress had been made in removing the illegal dwelling unit in the garage, the dwelling unit in the basement of the house had not been removed. The appellant is appealing the orders to remove the dwelliag in the basement. Z. The appellant states Utat the basement of the hoase is e�sed as a home entertainment azea for his own personal use and that he wants to keep the ldtchen in the basement. Eiowever, the baseznent has had an egress window insta2led and at the time of the initiat inspection had a separate locked entrance from the main floor of the house. Regardless of what the appellant states the current use of the basement is, the basement is seY up as a separate dwellittg unit and has been used as such in the past. 3. The history of complaints on tUis pmperiy goes back to 2005 at which time the appellant was ordered to remove the illegal dwelling in the garage and discontinue any business activity on the pmperry. Pursuant to orders issued at that time, the appellant removed the appliances from the garage but as evidenced by the most recent inspection, the appliances were re- installed after the inspector closed the complaint. This history does not support the appellanYs claim that the basement will be used for recreational purposes only. �� • Page 1 of 3 b��39�- � File #07-201373 Resolurion 4. The basement of the house has all of the elements necessary for a separate dwelling unit. Based on complaint information and inspections of the properiy the Zoning Administrator was correct in his deteruiivation that the basement constitutes a separate dwelling unit as defined in 5ecrion 60.205 of the L,egislative Code. NOW, THEREFORE, BE TT RESOLVED, by the Saint Paul Boazd of Zoning Appeals that the Zoning Adnuuistrator did not error an his findings or determination and that this appeal, regazding property located at 1327 Prior Avenue South; and legally described as Edgwood N lo 25(l0o Ft Of Lot 55 And All Of Lot 56 Blk 4. ISHEREBYDENIED. MOVED SY: SECONDED BY: IN FAVOR: • AGAINST: MAILED: Febmaiy 26, 2008 TIl� LIlYII'T: No decision of the zoning or planning administrator, planning commission, board of zoning appeals or city council approving a site plan, permit, variance, or other zoning approvat shall be valid for a period longer than two (2) years, unless a buitding permit is obtained within such period and the erection or alteration of a bnilding is proceeding nnder the terms of the decision, or the use is established within snch period by actual operation pnrsuant to the applicable eonditions and requirements of the approval, unless the zoning or planning administrator grants an extension not to exceed one (1) year. APPEAL; Decisions of the Board of Zoning Appeals are final snbject to appeal to the City Council within 10 days by anyone affected by the decision. Bnilding permits shall not be issued after an appeal has been filed, If permits have been issned before an appeal has been filed, then the permits are snspended and constraction shall cease until the City Council has made a£mal determination of the appeal. • Page 2 of 3 �1.� V File #07-201373 Resolution T, the nndersigned Secretary to the Board of Zoning Appeals for the City of Saint Panl, Minnesota, do hereby certify that I have compazed the foregoiag copy with the original record in my office; and find the same to be a trae and correct copy of said original and of the whole thereof, as based on approved minntes of the Saint Panl Boazd of Zoning AppeaLs meeting held on Febrnary 25, 2008 and on record in the Department of Safety and Inspections, 8 Fonrth St. E, Saint Panl, Minnesota. SAINT PAUI, BOARD OF ZONING APPEALS Debbie M. Crippen Secretary to the Board � • Page 3 of 3 � \ Important Background Facts to Know �g, 39�. I designed the entertaiument center in my basement in 2000 and completed it in �001. I lived in and homesteaded it in 2000 to 2003 and lived alone in the home. Since September I have lived alone in the home. It is a desireable entity. - I installed e-gress window in reereation area for safety and lighting - The 220 wiring for the �nge was preexisting to me taking ownership of the home - Door with lock from kitchen to basement was pree�sting to my ownership - I did not structurally change the home's doors or walls - Basement never rented as separate dwelling unit Only rented as a home for the past 4 years to 1 to 3 adults (see home lease) - The room in question is an entertainment center�� and is used for (see enclosed pictures): - Darts - Pool - Band practices - Dancing - Watching Sporting Events - Kitchen used to cook burgers and pizza for special events • Why This Is Not an Dlegal Dwelling Unit - No separate utilities of heat or electric - No separate laundry facilities (upstairs main level relies on basement laundry facilities) - No separate mailing addresses - All keys to front, side and kitchen are keyed the same. Duplex would be keyed differently - At Highland Community meeting attorney Edward T. Matthews made a motion that the basement is not a duplez - Does not fit the lawyer's definition of what a duplex is (Google): "A house which has separate but complete facilities to accommodate two families as either adjacent units or one on top of the other." This Order is Unreasonable - Why can't I have cabinets in my basement? � Can't a person have a sink and an entertaiument center? r Can't I plug an electric range into an e�sting 220 outlet � � I ir , i _� � > ': 7 t f ( �. ; �, �� , ��' ��` _�,'�� ^� ,��x�� r�� ' �`�� '��`�`� , ,. -��`°� .� � =ae.ti.�. ' _ � � _ � Pioneer Press �-Pfoneer Press 1/8/2008 9:11:42 AM PAGE 1/001 Fax Order Confirmation � Customer Accomrt Customer 4i 7134 ORThI,ROBERT Custumer Phone p0 BOX 50785, ,, 651-592-9794 MENDOTA Sales Reo. Cdbl'dmSOtl Customer Fax PO Number Customer EMail Ad Order tdotes Ordered BY , MN 55150 Robert D&3�i�- 0 Net AmouM Total Qmaunt PavmeM Amt $98.88 $98.88 $98.88 $0.00 Ad Number Ad Tvpe 0070202445-01 GLS Liner Ad Siza 1.OX4Li Color <NONE> � Run Dates 4Jg/2006, 4/16/2006 sortTe HIGHLANDSDECADENTLASTMINIMANSION46R38A ------------------------------------------ S Online: :S Full Run Houses , - � � �3 � �'. �� F^c.�. S 3 � , . .. .. "�, � � . _ '.. 9 -` _ y , Y ; ` 1 �� . � � :f'�. 4� i :« ,.' � � � � �s .-.� � � �_ � '_ � � � _ � . . ., � . - �+a. � jb"- �? ri- �` ^� � • tl'�..� a'a �. ''�'-� '��' - . � ` - . '��. _ ._ . . _ . � �e � . "' � �. � .'� � :;, e �x3 �""'">��'. _- �'' �� > _ � �: „� x �•c�,`�+-�`�..�TC,''.,s. ' ='% , _�_.� � ti �' j ` T�,"�L�'' � � `� 3 .�L " � a 5'��` . 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"-�"_ - - ' -` . . r.:. . :i *-� = m - � Jfi j �#r,� . �s . _ � _ �� _ v�`� �v+.. _� . . � �' � j . � HOUSE LEASE Description: Owner: Residents: Original Move in Data: Move in Date Rent Start Date Rent End Date First Month Rent June I, 2007 June 1, 2007 May 31, 2008 $1,600.00 �.�''' �(L(o ��°Months � S 19,200.00 lune 1, 2007 � • May 31, 20� �' ��z �"� � 6Q days-2 months � 08� 39�. Annual lease of $19,200.00 paid montHly at a rate of $1600.00 ger month I327 Prior Ave �(,��,� � - �I...�o t.,Q�; `t � W �j f�,j � St Paul, MN 5511 `� � �„yT ��('. `I �� 4 Bedroom, 3 Bathroom, 2 Kitchen Hause and Yard {Garage�IO (� U Included) Robert W Orth 1 ` Name � (I) l�\+t�o\�d i't��t t3) f47 LEASE Terms: Lease Temi Total Lease Paytnent not including fees � Lease Start Date Expiration Date Days Notice of Termination by Resident FEES: Late Fee (4 days Past due) Additional Late Fee after 4 days NSF Fee Lease Break Fee-3 months rent Security Depasit-1 months rent Additional Occupant exceeding 4 Pet Deposit Pet Fees � $100.00 $25.00 per day $30.00 / $4800.00 j $1600.00 $100.00/month per occupant $ I50.00/pet � $100.00/month The Residentv�ill pay rent and give notice to tlie Owner at the following address: Social Seeurity Number N`t i `� �j � io Totai MonThly Rent: House 1,600.00 Cab[e TV and Internet Paid bv Owner Paid bv Occqpant X_ Gas Paid bv Owner Paid bv Occaoant X � Electricity Paid bv Owner Paid bv Occ¢uant X � Wafer Paid Uv Owner Paid by Occupant X_ i,arbage Paid bv Owuer Paid bv Occupant X The lease is a legalty binding document. Each Resident admowledges receiQt of a copy of the 7 page (ease, Your signature mearis you understand the lease. RESIDENTS: DATED: � �� (1)1 i �c�,�u. t ( Y.V � � ; . (5) (6) PAGE 1 �� HOUSE LEASE TERMS AND Ct?NDITIONS T. DEFINITIONS: In the Lease, "Owner" means the Owner of the House and anyone working for the Owner or � acting on the Owner's behalf. "Resident" means the adult(s) who have signed this Lease. "Ho�se" inolades aay aad all items identified on page 1. 2. ACCEPTANCE OF RESIDENT ANI] POSSESSION• Resident has submitted to Owner a written reatal application and Owner has relied upon ResidenYs oral statements and the information contained in the application to be frue and corred. If the informarion is at any time determined to be incorrect, misleadiug or false, Resident may be evicted (see paragaph 21). If Ownu cannot make the House available for move-in on the move-in date on page 1, Resident cannot sae Owner for auy resulfing expense or inconvenience experienced by Resident. Resident will not have to pay rent for the days the House is not available due to the Owner's failure to make the House available on the move-in daYe. If Owner is able to make the House avaitable to Resident within one weetc from the move-in date, or if Owner can make an alternative house available within that tiine, then lliis Lease shall remain in full force and effect. If no house can be made available within such one week period, then this Lease shall be terminated and neither party shall have any liabiliry to the other except for Owner's retum of any advance rents or deposits paid. , on the Lease Status Addendum(s), if any. If Resident occupies a house different from tl�ese, this Lease including any Deposits apply. 4. CONDTTION OP THE HOUSE• It is the responsibility of fhe Resident to_inspect the House prior to move-in. If within 3 days of taking possession, Resident does not provide Owner with a completed and signed Mov�ln Inspection form disclosing damages or deficiencies, it is agteed that Resident accepts the Hoase in its existing � condition with no damages or deficiencies. The approval of any one Resident as to the condition of the House at move-in or moverout will be relied on by the Owner as consritutivg the approvat of all ResiJeafs who sign the Lease. The Owner will keep the House in good repair. The Resident wiil be responsible for any damages that aza caused by: (a) the Resident; (b) others Iisted on page 1; (c) ResidenYs family members, guests, or other persons coming to the Hoase because of Residenf's occupacccy, or (� pets. This includes damages caused by property owned by the sazne. 5. PAYMEN'I' OF RENT: The Resident must pay the Owner in advance the monthly rent identified on page 1 on or before the fust day of each month. This rent is to be paid as iden�ed on page t or wherever the Own�s dire6ts. Petsonal checks for rent paymenY �vill not be accepted after the 7th day of the month. The full monthly rent must be paid even if the Kesident believes that maintenance work is needed Acceptance of partial payment of rent, whether current or past due amounts, does not waive Owner's right to start an eviction action or to continue one that has already been stazted. 6. FEES AND OTHER CHARCiES• If the Resident does not pay the cent before the fourth day of the month, the Owner will charge a late fee and a daily late fee for days subsequent to the 4th day as identifled on page 1. Resident will also pay. a fee as shown oa page 1 for each NSF check or the maacimum allowed by Minnesota Statute § 332.50, whichever is lesser, Resident agrees to pay ail fees owed undu this Lease, mcluding but not limited to late, lega►, cour� unlawful detainer and/ or damage, prior to paying rent for any given month. If Resident is evicted because Resident vio2ated a term of flus Lease,- Residenf must sfitl pay the full monthly rent until the House is re-rented or �� the date this Lease ends. Owner may altematively co(lect as Lit�uidated Damages the sum of ttu�ee months rent Page 2 f �,3 y� Se� pazagraph 22. All amounts of rent, or other damages or fees, owed by Resident to Owner but not paid when due or on demand shall bear interest at the rate of 8% per annum_ �7. �EACH RESIDENT RESPONSIBLE Each Resident who signs this Lease and/or Addendum(s) to Lease is responsible for all of the obligations under this Lease and/or Addendum(s). In other words, each Resident alone may be heid responsible for all of the obligations under this Lease. 8. RESIDENT PROMISES: Only the Resident and Other(s) listed on page 1 may live ni the House. Persons not listed as Residents may only live in the House with Ownez's written consent, which consent may be conditioned on such persons being screened and signing this Lease as additional Residents. Oniy person(s} identified as Resident on page 1 shall be issued Certificates of Rent Paid by Owner per Minnesota statutes. The Resident agrees: a. To use the Aouse only for resideutial purposes. b. Not to use the House for any purpose that might threaten the safety of the building or other Resident(s) or any employee or representative of Owner. a To comply with alt House Rutes. d_ Not to disturb other Residents or Owner or Owner's agents. e. Not to allow dangerous and illegal activities. f. To keep the House clean, not to waste or misuse any utilities, appliances or part of the House. g. Not to allow pets in tl�e House unless otherwise agreed in writing by the Owner. h. To notify Owner in writing of any conditions tliat may cause injury, require repair, or affect tlie habitability of the House. i_ During the term of the Lease and wlien Resident moves out, to pay for any and all damages ottier than reasonable wear and tear including but not timited to costs incurred to eliminate tobacco, food or pet odors. � Not to have excessive numbers of visitors or frequent visitors. . To obtain and maintain a current Renters u�surance Policy. L To comply with all recycling requirements as they may be set by the Onvner or by law from time to time throughout the Lease. m. To conserve utilities furnished by the Owner. n. To pay for any and all paintuig, cleaning and shampooing costs if occupancy is less flian a six month period. o. Not to use or store, generate or dispose of on or near the House any flammable, explosive, or environmentally Uazardous substance. p. Not to interfere in the management and operation of the House. q. Not to keep a waterbed or other water filled furniture in the House without the prior written cousent of Owner. r. Not to use the House, common areas, or areas surrounding the House to manufacture, sell, give away, barter, deliver, exchange, distribute, or possess any illegal drugs; s. Not to smoke within the House. �. To maintain the lawn azeas and snow removal of sidewalks. Violation of any of the above agreements by Resident, Resident's family members, guests, or any third person at Resident's House or coming to flze House because of ResidenPs tenancy may be grounds for eviction. 9. NO ALT'ERATTONS: Unless the Resident receives written consent from the Ownet, the Resident agrees: a. Nqt to cfiange any part of the House, Building or Conunon Area. b. Not to use or install any privately owned washers, dryers, heaters, air conditioning or antetma system. c. Not to repaint, wallpaper or alter the I3ouse or use any glue or adhesive. d. Not to modify or decorate any patio or balcony that may be part of ResidenYs House. G� �o electric cords, wires or cables may be run from the House to any outside azea. /� � . �) Page 3 � Any changes that aze made by die Resident will become the property of t6e Owner when the Resident moves out. The owner may, liowever, dicect tlle Resident to remove them and/or restore the House to its original condition at' the Resident's expense. 10. FIRE PAOTECTION: Each House is equipped with a smoke detector. It is the responsibility of the Resident to � test the smoke detectflr ta ensure that the detector operates properly. Owner assumes no respansibility if the detector is not maintained by. Resident. It is a lease violation and grounds for evicfion if the smoke detector is disconneoted or otherwise made inoperable by Resident. - 11_ DOOR KEYS AND LOCKS: Each Resident will be fiunished with keys to the House. If a Resident fails to retum all keys upon movo-out, the Kesident agrees to pay the Owr=er for the teplacement of the locks. The Resident is not percnitted to change the locks without first obtaining the written consent of the Owner and must fumish the Owner with keys for any changed Locks. Resident witl be charged for any additional keys or rep(acement [ceys. If it is necessary for Owner to replace locks, Resident agrees to pay these chazges. Owner will advise Resident upon request of the current dtarges for lock replacement and additional keys. 12. PEST CONTROL: Owner will periodically supply pest control in the House. Resident will cooperaYe with pwner's pest control requirements. This may include, among other th�ngs, Resident emprying and cleaning cabinets, drawers and closets, pulling furniture away from walls and allowing externvnators to enter and treat tha House. If Owner ident ies any ma eria ' ' est robletn, Owner may require Resident to treat or eliminate such items as recommended by Owner's e�cterminafors. 13. OWNER'S RIGHT TO EN'PER THE HOUSE: The Owner may enter the Resident`s House at reasonable times in order to make repairs, inspect or show the House. In case of emergency, Owner reserves the right to enter the House at any time• 14_ MOVING OUT: Before moving out, the Resident must give ttie Owner written notice three catendar monEhs prior to the Lease expiration date sl�own on page 1_ If this written notice is furnished by the Resident to ti�e Owner, the Lease will end at 12:00 noon on the last day of tlie month and Resident and ResidenPs property must be out of the Eiouse at ttiat tune. The Resident agrees to petmit the Owner to show the House to ptospective residents. If Resident abandons and/ or returns keys to the House before the end of the Lease, then Owner, may take pos'session of the House but Resident will continue to owe Rent until the end of the Lease. 15. RENEWAL OF T'f� LEASE:'This Lease may be renewed by either the Resident or the Owner: a. by written agreement with Owner• ' b_ by Resident's failure to give Owner t6ree calendar months� written notice. The lease will automatically renew for a 12-month period according to the terms set forth on page 1 plus atr additional $75•.00 per month. 16. DEPOSTI'(Sl: The Resident agrees to pay anY and all Deposit(s) as required by the`Owner. T1ie Deposit(s) may not be applied to rent, damages or fees during the term of residency. The Deposit plus accrued interest will be refiutded in one check payable to all adultc listed ou the last House Leasa, provided all terms of the House Lease have been fulfilled. Page 4 /� /l . �+V� a8 -3q �- • 17. RETURN OF DEPOSIT(S): When the Resident moves out, the Deposit(s) will be retumed by Owner with interest as speci£ied by Minnesota Statutes providing Resident l�as: � Given the proper written notice and has performed all the terms of this Lease. . Vacated by 12:00 noon on the last cafendar day of the month. c. Left flie House in a clean and undamaged condiYion, ordinary wear and tear accepted. Extra cleaning, painting or treatments to remove stains or to treat stubbom odors from tobacco, cooking odors, or pets aze not considered norcnal wear and tear and these charges will be deducted fram the deposit. If Resident has lived in the House for less than six months, then charges for painting, cleaning, and shampooing shall be considered beyond ordinary wear and tear. d. Removed all personal property and gazbage from the House. e. Retumed all keys and garage door openers. f. Left ResidenYs forwazding address in writing. g. Paid all outstanding amounts due to tlie Owner and utility companies. Minnesota law provides Owner may keep all or part of deposits for damage to the House beyond ordinary wear and tear and for other amounts owed to Owner. Owner will send to Resident the deposit, or. a written notice explaining amounts deducted &om the deposit, within,21 days after the end of Resident's tenancy. Resident's (iabitity for full compliance with fliis Lease, and for payment of damages to person or properry, is not limited to the amount of the Deposit. , 18. OWNER NOT RESPONSIBLE: The Owner is not responsib(e for the actions of or any damages, injury or harm caused by thud parties including but not limited to other Residents, guests, intruders or trespassers. The Owner is not responsible for any damage or injury that is done to the Resident or Resident's property that was not caused by a willful or negligent act of the Owner or failure of the Owner to act. � 19. DFSTROYED OR LINLIVABLE HOUSE: If the House is desizoyed or damaged so it is unfit to live in, Owner may cancel this Lease immediately and may choose not to rebuild or restore the House. If the destruction or damage was not ResidenYs fault and Ownet cancels this Lease, rent will be prorated and the balance will be refunded to Resident. 20. OWNER'S RESPONSIBII-ITY: The Owner promises: a. That the House are fit for use as residential premises. b. To keep the House in reasonabte repair and make necessary repairs within a reasonable time after written notice by Resident except when damage is caused by the intentional or negligent conduct of the Resident, ResidenYs children, family members, guests, or other persons coming to the House because of Resident . c. To maintain the House in compliance with applicable health and safety codes except when a violarion of the health and safety codes has been caused by the intentional or negligent conduct of the Resident, Resident's children or family members, guests, or persons coming to the House because of Resident. d. To keep the common azeas clean and in good condition. 21. EVICTION: If Resident violates any of the terms of this Lease, or if Owner learns that information provided by Resident on the rental applicarion was false, then Resident may be evicted immediately and without prior notice. If Resident is evicted but does not move out voluntarily, Owner may bring an eviction action. Under state law, a lawful seizure &om the House of any illegat object or substance, including drugs, coasfitutes unlawful possession of the House by that Resideflt, and is gounds for an automatic eviction. If Resident violates a term of this Lease but Owner does not sue or evict the Resident, Ovc�ier may still sue or evict the Resident for such past violation or a � Page 5 , , { ` �� subsequent similaz violation of any term of this Lease. Owner's acceptance of Rent from Resident with knowledge of a lease vioIation, or after Owuer has asked Resident to move, shall not constitute a waiver of Ownet's right to re- entor the premises Uy bringing an unlawful detainer / eviction action for breach of.lease under this paragraph- Owner shall not be deemed to have waived its rights to bring an eviction or other legal action, or pursue an e�cisting � evictian or otfier pending legal action, unless sach waiver or agreement by Owner is pnt �n wr�ti�g �d signed by Owner, 22_ LIOUIDATED DAMAGES FOR LEASE BREAK OR EVICTION: In the event that Resident is evicted, gives improper or insufficient notice, or moves before the end of the lease term, then Owner shal( be entitled to collect as Liquidated Damages for Lost rent an amount equal to three months rent. TLis Liquidated Damages right is in lieu of the rigkrt Ownar would otherwise have at law to collect rent for each month of the remaining term of the Lease or to collect costs of re-rental, such as advertising costs, commissions, or other inducements paid to secure a new resident. The parties agree this sum for L,iquidated Damages is faic' in �t the actual amount of damages Owner will sustain in lost rents or r�rental costs when Resident gives insuf£cient nofice, moves out before the end of the term, or is evicted may be difficult to determine. Ttus Liquidated Damagas amount is only to compensate Owner for rental losses. Owner is enfitled to collect in addition to these Liquidated Damages a11 actual amounts of damages incurted by Owner for past due rents and fees, damages beyond ordinary weac and tear, court costs and attorneys' i uidated Damages of three montl�s' rent is solely to compensate Owner for the estimated amount of lost � ' afficienY notice and rents and re-renta! expenses suffered due to evic ion, mo ' does not cover Owner's other damages• � 23. ATTORNEYS' FEES: If Owner brings any legal acrion against Resident, Resident must pay Owner's actual attomeys' fees, court costs and related expenses even if rent is paid after a legal action is started. 24. OWNER'S LEGAL RIGIiTS AND REMEDIES: Owner may use its legal rights and remedies in � combination. By using one or more of its rights or remedies, Owner does not give up any other rights or remedies i may have. Acceptance of re� does not waive Owner's right to evid Resident for any past or existing violation of any term of this Lease. 25. NO O&AL PROMISES: The Resident agrees that the Owner has made no promises or representations that aze not stated in this Lease. This Lease may only be changed in writing signed by both the Resident and the Owner. 26. SEVERABILITY: The d�ermination by a court that any provision of fhis Lease is unenforceable shal! not affect the enforceability of any other provision of this Lzase or Rules. � 27. ASSIGNMENT OF LEASE: The Resident may not subtease or assign this Lease to others wifhout the written consent of the Owner. Owner may assign tlus Lease without Resident's written consept. Owner's sole obligation in tfie evenf of suGh an assignment is to comply wiYh Minuesota laws governing Resident's deposit 28. MORTGAGE HOLDEIt'S RIGHTS: The House may be mortgaged or may be subject to a contract for deed. Resident agrees that the rights of tfie fiolder of any present or future mortgage or contract for deed are superior to Residenfs rights. For example, if a mortgage on the House is foreclosed, the person who forecloses on the House may, at their oprion, terminate Resident`s Lease. Page 6 � � L � ,: ' � ` 29. AOUSE COMMLJNITY RULES AND AT"LACHMENTS ARE PART OF LEASE: Any attachments to tttis Lease, including the House Community Rules, are a part of this Lease. Owner may make reasonable changes in the � House from time to time by giving Resident written notice. 30. NOTICES: Resident agrees t[iaf notices de(ivered by Owner to the Honse are proper notice to all Residents and aze effective as soon as defivered to the House. Li addition to delivery to the House, Owner may send notice by first class mail, postage prepaid, to the House address, and such notice shall be considered effective on the third mail delivery date after the date it is deposited in the mail. Owner may also deliver any notice in person to Resident. The receipt of written notice by one Resident shall be considered proper notice to all Residents. Any notices to be given by Resident to Owner may be delivered to the address on the fust page of this Lease or by mail, postage prepaid, to Robert W. Orth. Mailed notices will be effective on the date mailed by Robert W. Orth. 31. FAIR HOUSING: Owner is committed to being an equal opportunity housing provider. Owner believes all Residents, potential Residents, and applicants should be protected from discrimuiation in housing on the basis of cace, co(or, ancestry, sex, religion, creed, national origin, marital status, familial status, physical handicap, mental Liandicap, and affeotiona{ preference. Ai�y act or gractice believed to constitute discrimination should be reported to Owner. Owner will promptly investigate such reports and will take irrunediate action to eliminate any act or practice that violates the fair housing laws. HOUSE LEASE GUAftANTEE � In consideration of the House Lease, the undersigned hereby guarantee(s) the payment of rents and performance of all promises contauied in this House Lease. , - _--� p �- � w '' `-�- "" d� Resident (1) � OWNER: Robert W. Orth 1327 Prior Avenue St Paul, MN 5511G Postal address: PO Box 50785 Mendota, MN 55150 DATED � � V l � � r Resident (2) _ Resideut (3) ,`�- �� ( y Resideut(4) ��.('�� Resident (5) Resident (6) DATED • page7 t�� „� �HOUSE LEASE „`. �criptior: OYmer. Annual lease of $i8,00Q.00 paid monNily+ at a rate of 54,500.00 per mo�fi 1327 Prior Avenue StPauI,MN 55116 4 Bedroom, 3 8.aff�room, 2 FCfc6en House �nd Yatc( Robert 4Y. Orfh ftesidents: " Name Soc(al Security Number c�� /�,ct�. -(r�a��'-c- N�- —ZI — �S�Z t2) ti�Wu 41l'-'Ll ze8 z cs, 3q�— �a--z�43� . � � Cs) _ Ortgfnat Move In Dafia: Move In Dafe Rent Sffirt Date First Mortth Rent l.ease Terms: L�se Tertri Tohal lease paymenfs �csaarer� Lease Sfart Oate E�Uation Date . . Days Noiice of Termination by ResttieM FEES: LaFe Fee (4 days past due) Additional late. Fee after4 Days NSF Fee Lease Break Fee'- 3 months rent Secu� DeposR -1 motdhs rent Pet Ueposit $100.00 $25_00 per day $30.OQ $4.50D.00 $1.500.00 $3&8�0 µer pet o�s�t� �r,�eCR Trie Resident wa! PaY rent and gtue wriiten notice to the J Owner at 6ie folboNiming address: aonertw. oith P.O. Box 507'85 Mendofa, MN 55150 �: `lfad(o Page 1 Tofat R�[onfhty Renr June 1, 200� House $1,500.00 June 1; 200� . Gara9e�r.z.f 2�.��c 0.00 � [�x,� . . n nn $1,500.00 12 months $18;000.00 June1,200� May 31, 200� 90 days - 3 months Tofal Cable N and latemet Paid�owner ^ Paidbyoqcupant X_ � Gas Paid bYOwner . PBid by occupant X � �fectrieity Paid bYOrnmer Paid by occxtpant X W�6er Paid by owner. PaidbYOCCUPaM ,'� Garb,age PBid bYOWner . Pa[d bq occupanf X, The Leas� is a legally binding documer�t Each Re��:at e�,n�tt�ges t^��t af s co;,�, of ffie 7 pageiease. Your signahxe means you understand the Lease. , �.� � �►�. ' ��,'., � � , � . .i :i ,` , '1��. - � � �� y�� USE LEASE ceipYion: � Owner. OS� 3� �-- Annuat lease of $18,000.00 paid morrth(y af a rate of $1,500.00 per monEh 1327 Prior Avenue St Paul, MN 55116 4 Bedroom, 3 Bathroom, 2 Kitchen tiouse �nd Yard Robert dY. Orth RESidents: " Name Sociat Secyriry NumHer c�> -(r�a«— ��,� —Z( — �f53Z (z) ' n -Wn r` �ll"-'L,l' Le`d Z c3� 3�°l— �a--z (4) � (6} OrigFnat Move In Dah: Move Ih Oafe Rent SfaR Date Rent End Date First MonHt.Rent Lease Tertns: L�se Tertn Tohal lease payments ,�� Start Date `xpkation Date . � Days Notice of Tecmination by Reskfent FEE3: Late Fee (4 days past due) 1Kdditionai Late Fee after 4 Days NSF Fee Lease Break Fee - 3 mont�s rent Secutfit Deposit - t mcSnyis rerrt Pet Deposit $100.00 $25_00 per day $30.00 $4�506.00 $1,500.00 $3§8e�0 per pet oar(c� �r�ec,/i'{' �he Resident wltl pay rent and give wrilten notice fo the J Owner ffi ihe folbwmg address: Robert W. Orth �'�g� Box SRTgs kfendofa, lWN 55180 p��: ��a� ��, � . . Page 1 June 1,200b June1;200� May 31, 200� $7,500.00 12 months $18;000.00 June 1, 200� May 31, 200� 90 days-3 months Tofal Monffily Rent: House $1,50�A� Gara9e�,�;.t 2N��ae� 0.00 Ofher 0.00 Total $1,500.00 Ca61e N and Intemet Paid by owner Paid by or,cupant X. Gas �Paid byowner . Paid by occupant JC � Etectricfty Paid by owner Paid by occupant X Water Paid by owner Paidbyoccupant ;'7� Garbage Paid by owner PaW by ocxupam X. , The Lease is a legalfy binding document Each Resiaeeii �aicflowie6ges receipi oi a copy ofi ffie 7 page lease. Your s(qnature me&ns you understa�d the Lease. , .�J�. � �►1�. , l. � ��i�ni,� � .�.� ,` . 'i'�S. - �� -• HOUSE LEASE TERMS AND CONDTTIONS ` I. DEFINTITONS: In the Lease, °Owner" means the Owner of the Hotcse and anyone working for the Owner or acting on the Owner's behalf. "Resident" means the adult(s) who have signed this Lease. "House" includes any and ! all items ideuti8ed on page 1. 2_ ACCEPTANCE OF RESIDENT AND POSSESSION• Residenf has submitted to Owtter a written rental applicafion anc� Ownea has relied upon Resident's oral statements and the information cantained in die applicaflon to be true and correct If the information is at any time determined to be incorrect, misleading, or false, Resident may be evicted (see paz.agraph 21). Ff Owaer caanot make the House availabie for mova-in on the mov�in date on page i, Resident cannot sue Owner for any resulting e�cpense or inconvenience experienced by Resident. Resident will not have to pay rent for the days the House. is not avaitable due to the Owner's failure to make the House available on the move-in date. If Owtter is able to make the IIouse available to Resident wiHiin one wcek from tha mov�in date, or if Owner can make an alternative house available within that time, then this Lease shatl remain in full force and effect. If no house can be made available within such one week period, then this Lease shall be tPruiinAted and neitfier party shall have any liability to the othes ezccept for Own�`s retnm of any advance renfs or deposits paid. 3. RENTAL OF T$E HOUSE: By this Lease, Resident rents from the Owner the House and Qther iEems iden 'tified on the Lease Status Addendum(s), if any. If Resident occupies a house different from fhese, this Lease including any Deposifs apply. 4_ CONDTITON OF THE HOUSE: It is the responsibility of the Resident to inspect the House prior to movo-in. If within 3 days of taking possessian, Resident does not provide Owner with a complded and signed Mov�ln Inspection form disclosing damages or deficiencies, it is agreed tliat Resident accepts the House in its ax�sting condition with no damages ar deficiencies. The approval of any one.Resident as to the condilion of fiie House at move-in or move-out will be relied on. by the Owner as constituting the approval of all Residents who sign the • r ��e. The Ownet will keep the House in good repair. The Resident will be responsible for any damagas tbat aze caused by; (a) the Residen� (b) othezs listed on page 1; (c) Resident's family members, guests, or other peasons com�ng fo the House because of ResidenYs oecupancy, or (d) pets. This incl¢des dawages caused by properly owned by the same. 5. PAYMENT OF RENT: The Resident must�pay the Um� in advance the monthly. rent identified on page 1 on or before the first day of each month. This re� is to be paid as identified ott page I ar wherever the Owner directs. Personal checks for r�t payment will aot be accepted aftec tha 7th day of the month. The full monthly rent must be paid even if the Resident believes that maintenance work is nezded. Acceptance of partial payment of rent, whether curre�t nr past due amounts, does not waive Owaer's ri�t fo start an eviciion action or to bontinue one that has alre�dy been started. ' 6. FEES AND O'CHER CHARGES: If the Resident does not pay the rent before the fourth day of the mont�, the Owne�r wi11 charge a late fee and a daily late fee for days sabsequent to the 4th day as id�t'rfied oa page i. Resident wilt also pay a fee as shown oa page 1 for each NSF check or the maximum atlowed by Minnesota Statute § 332.50, wIucfievet is lesser. Resident agrees to pay all fees owed under tUis Lease; including but not limifed to tate, tegai, court, tmlawful detainer and/ or damage, prior to paying tent for any given month. If Resident is evicted b�ause Reside� violated a term of this Lease,. Resident must still pay tfie full monthly rent u�il the House is ra-rented or the date this T.ease ends. Ownes- may alternazively collect as Liquidated Damages the sum of tl�ree months r�� Page 2 c�-39 a-- See pazagraph 22. All amounts o£ rent; or othei� damages or fees, owed by Resident to Owner but not paid when due , or on deinand sfiali bear intezest at the rate of 8% per annum. � 7. EACFi RE3IDENT RESPONSIBLE: Each Reside� who signs this Lease and/or Addendum{s) to Lease is responsibie for all of the obligations under this Lease andlor Addendum(s). In other words, each Resident alone may be held responsible for all of the obligarions und� this Ixase- 8. RES7DENT PROMISES: Oniy the Residem and Other(s) listed on page 1 may live in the House. Persons not listed as Residents may only live in the House wif3� Owner`s written consent, which consent may be conditioned on such persons being sereeued and signing this Lease as additional Residents. Only person(s) identified as Resident on page 1 shall be issued Certifcates of Rent Paid by Otvner per Minnesota statutes.'I1ie Resident agtees: a. To use the Fiouse onIy for residential purposes. b, Not to use the House for any purpose that might threaten the safety of the building or other Resident(s) ot any employee or represeatative of Owner. c. To comply with all House Rules. d. Not'to disturb other Residents or Owner or Owner's agents. e. Not to allow dangerous and illegal aotivities. E To keep the House clean, not to waste or misuse any utilities, appliances or part of the House. g._ I3ot to allow pets in the Tiouse unless otherwise agreed in variting by the Qwner. h. To notify Owner in writing of any conditions that may cause injury, require repair, or affect the habitability of the House. i. During the term of the Lease and when Resident moves out, to pay for any and all da.mages other than reasonable wear and tear including but not limited to costs incurred to eliminate tobacco, food or pet odors. � j. Not to have eiccessive numbers of visitors or frequern visitors. k To obtain and maintain a current Renters Insurance Policy. 1. To compiy with ail recycling requirements as they may be set by the O�vner or by l�w from rime to time throughout the Lease. - m. To conserve utiliries fitrnished by the Ownet. n To pay for any and all painting, cleaning and shampooing costs if occupancy is less than a six month per'tod. o. Not to use or store, generate or dispose of on or neaz the House any flammable, e�cplosiye, or environmentally fiazai•dous su6staiica. p. Not to inter�ere in the management and operation of the House. q. Not to keep a waterbed or othei water filled fiuniture in the House v+ithout the prior written consent of Owner. r. Not to use the House, common az;eas, or azeas surrounding the House to manufactuce, sell, give away, barter, deliver, exchange, distribute, or possess any illegal drugs. s. Not to smoke within the House. t. To maintain the lawn areas and snow removal of sidewalks. Violation of atty of the above agreements by Resident, Resident's family members, guasts, or any third person at Resident's House or comnig to the House because of Residen4s tenancy may be grounds for evietion. 9. NO ALTERATIONS: Unless the Resident receives written consent from the Owner, the Resident agrees: a. Nqt to change any part of the House, Building or Common Area. b. Not to use or p�stall any privately owned washers, dryers, heaters, air conditioning or antenna system• c. Not to repaint, wallpaper or altet the House or use.any glue or adhesive. . d. Not to modify or decorate any patio or balcony that may be part of ResidenYs E3ouse. � e. No eleatric cords, wires or cables may be run from the House to auy outside azea. � Page 3 � , Any changes that are made by the Resident will be�eme the property of the Qwner when the Rgsident moves out The ownet may, however, direct the Resideat to remove them and/or restore the House to its briginal condition at the Residen�s expense. 10. FIRE PROTECTION: Each House is equipged with a smoke detector. It is the responsibiliYy of the Resident to • test.the smoke detector to ensure that the detector operates prop�'ly. Qwner assumes no respansibility if the detector is not maintained by. Resident. It is a lease violation and grounds for eviction if the smoke detector. is disconnected or otherwise made inoperable by Resident. i l. 1700R KEYS AND LOCKS: Each Resident wi11 be furnisked with keys to the Hause. If a Resident fails to rehim all keys upon move-out, the Resident agrees fo pay the Owner for the repla6eme� of the (ocks. The Resident is not permiffed to change the Iocks without Srst obtaming the written consent of the Qwner and must ftirnish the Owner with keys for any changed locks. Resident will be charged for any additional keys or replacement keys. If it is necessary for Owner to replace Iocks, Reside�• agrees to pay fhese chazges. Owner wilt advise Reside� upon request of the current charges for lock replacement and additional keys. 12, PEST GONTROL: Owner will periodicaIly supply pest control in the House. Resident will cooparate with Owne�'s pest control requirements. This may include, among otfier tfi� , Resident emptying and cleaaidg cabinefs, drawers and closets, palling fumiture away from walls and allowing exterminators to enter and 1�'�t the House. If Owner identifies anv materiats in Residen�s I�ouse as a source of a pest problem, Ownet may require Resident to treat or el�mmate such ite�s as recommended by Owner's eictetmmators. 23. OWNER'S ItIGHT TO ENTER Tf� HOU5B: The Orvn� may entes the Residenrs House at reasonable times in order to m�ke repans, inspect or show the House. In case of emergency, Owner reserves the right to e�er the Hause at any time. 14. �IOVING O[TT: Before moving out, the Resident must give the Own� written notice three catendar months prior to the Lease expiration date shown on page 1. If this written notice is futnished bg the Resident to the Owner, the Lease wiu end at 12:00 noon on the ]ast day of the month and Resident and Resident's properry must be out of the House at that time. 'The Resident agrees to permit fhe Owner to show the House to prospective residents. If Reside� abandons and( or returns keys tn fhe House before tfie end of tke Lease, then Owner may lake possession of tiie House but Reside� wi11 continue to owe Re� vntit the end of the Lease. � 15_ RENEWAL OF Tf� LEASE: Tfus Lease may be renewed by either the Resident or the Ownea: a. by written agreement with Owner. b, by ResidenPs failure to give Owner three calendar months' wriften notice. The lease will automatically renew for a I2-mornh period according to the terms �set fotth on page 1 plus an additional $75.00 pa month. 16. DEPOSTT(Sl: The Resident agrces to pay any aad all D�osit(s) as rei{uired by the Owner: ThE Deposit(sj may not be applied to re�, cJamages or fees during the term.of residency. The Deposit ptus accrued inte,resCwill be refunded in one check payable to all adults listed on the last Aovse Lease, provided all terms of the House Lease Lave been fulfilled. Page 4 �� % � ;, � / i` � . 17, RET[JRN OF DEPOSTI'(Sl: When the Resident moves out, the Deposit(s} will be returned by Owner with intetest as speoified by Mumesota Statates Providing Resident has: b$ 3 y a- ormed all the terms of this Lease. a. Giv�n the proper written notice and has perf b. Vacated by 12:00 noon on the lasf calendar day of the month. w � �d tear ac�Pt� E� 01��' pau�tmg �' c, I,e$ the House in a clean and undamaged condiri°n, °rdj°�5' s aze uot considere3 treatments to remove stains or f° �'�� i be deducted from � d P� � Resident has li�ed in i�e xouse far novual wear and tear and tbese charg �d Slianlpoo�g S�II be consider� beyond ordinarY Iess than spc monYhs> then chazges for painting, cleaning, wear and tear. ti. Removed all personal praperty and ga�baBe from the House• e. Retuined all keys and garage door openers. f. Left Resident's forwazding address in n'riting• �m �ies. g. Paid all outstanding auiounts due to the Owne�' and utility P Ivliunesota 1aw provides Owner may keep all or part of deposits for damage to the House beyond ordinary wear and tear and for other amounts owed to Owne�'• �e s�1�e�e end of Resident's�tenanoy R dznt's 1 bility foc amounts deducted &om the deposit, within 21 daY � to �son or property, is not limited to the amount of the compliance with this Leasa, and for payment of da.mag P Deposit. �� jury or hami 18. OWNERI30T RESPONSIBLE: The Owner is not responsible for the�a�scti'o��ers or tre�.sp a ers. The Owner is caused by third parties including but not limited to other Residents, gu y�at was not caused by a not responsible for any damage or injury that is done to flie Resident or Resident's property willful or negligent act of the Owner �r failtu e of the Ownet to act. 19. DESTROYED OR UNLNABLE AOUSE: If the House is destroped or damaged so it is unfit to live in, Own� may cancel this Lease immediately and may choose not to rebuild or restore the House. If the destraction ot da�age was not ResidenCs fault and Owner cancels this Lease> rent will be prorated and the balance will be refunded to Resident. 20. OYdNER'5 RESPONSIBILI'TY: 'I�he Own� pro��' a. That the House are fit for use as resideatial pr�mises. r a� wltU�n a reas�nable fime after written notice b. To keep the House in reasonable repair and make neoessarl' eP ent conduct of tt1e'ResideY�t, ResidenYs by Resident except when damage +s caused by the intentional or neglig chi4d�en, famiiy members, 9�esfs, or ot#�er persons corni�9 to the House because of Resident a To maintain the House in cqmpliance. with applicable health and safety codes except when a viola R� denPs heaJth and saf�y codes has �been caused by �e �t��°� H�e because of Residen �e Resident, children or family members,.guesis, or persons oom'svg d To keep the common azeas clean and in Sood condition. 21. EVICTiON: If Resident violates any of the t�ns of tivs Txase, or if Ow°� lean�s that mformahon provided by Resident on the rental applioatiou was false, then Resident may be evic g� �q ction actio � de�'nstate taw, a Resident is evicted but does not move out voluntarily, ��' �Y ossession of lawful seizure from the Eiouse of any illegal object or substauce, in�lu�g �gs' °O° �� 1 p the House by that Resident, and is grounds for an aut�mi �e i�v t t�h� Res�dent for su h pa�'olation or ae but Owner does not sue or eviot the Resident, Owner maY Page S � �� subsequeat sunilar violation of any tetm of this Le�se. Owner's acceptance o£ Rent from Residem with knowledge , of a lease violation, or after Own� has asked Resident to move, shall nbt constitute a waiver of Owner's right to re- �• r euter the premises 6y bringing an unlawful ddainer I evicrion action for breach of.lease under this paragrapls- Own� shalt not 6e deemed to have waived its rights to bring an evietion or other legal action, or pursne an exist�ng � eviction or other pencGug legal aetion, untess such waiver or agceement by Owna' is prrt iu writing and sigaed by, Own�. 22. LIOUIDATED DAMAGES FOR LEASE BREAK OR EVLCTION: In the event that Resident is evicted, gives impropa or insufficient notice, or moves before the end of the lease term, then Owner shall be entitled to collect as Liquidated Damages for lost rent an amount equal to three months rent This I:iquidated Dariiages right is m lieu of the right Ownec wouki otherwise have at law to collect rent for each month of the remaining term of the Lease or to colle�t costs of r�rental, such as advertisittg costs, commissions, or other inducements paid 'to secure a new resident The parties agr� this sum for Liquidated Damages is faa' in that the actual amou� of damages Ownex will sustain in Iost rents or r�rental costs when Kesident gives insufficient notice, moves out before the end of the teray or is evicted may be difficult to determaie. This Liquidated Damages amaunt is only to compensate Owner for rental losses. Owner is e�kitled to collect in addition to these Liquidated Damages all actuai amoimfs of damages incurred by Owner for past due rents and fees, damages beyond ordinary wear and tear, court costs and attorneys' fces. This Liquidated Damages of three months' rent is soleIy to compensate Owner for the estimated amount of lost rents r�r expenses s er e insufficient notice and does not ooves Qwner's other damages. 23. ATTORNEYS' FEES: If Owner brings any Iega1 action against Resident, Resident must pay Owner's actual attarneys' fees, court costs and related expenses even if re� is gaid after a legal action is started. 24: OWNER'S LECrAT. RIGE�TS AND RENIEDIES: Oaaner may use its Iegal rig6ts and remedies in an3' � combination By.vsing one or more of its rights or remedies, Owner does not give up any other rights or remedies it may have. Acceptance o� re� does not waive Owner's right to evict Resident for any past or existing v�olation of any tesm of 4his Lease. 2S. NO.ORAi, PROMI$SS: The Resident agrees that the OQVner has made no promises ot representations that are not stated in this Lease. This I.ease may only be changed 'm writing signed by bof� fi�e Reside� and the Owner- 26. SEVERABILTfY: The det�rmination by a cvmt tUat any provision of tfiis Lease is unenforceable skall not affect the enforceability of any other pmvision of Hvs Lease or Rules. ' 27, ASSIGNMENT OF LEASE: The Resident may not suhlease or assign this Lease Co others without tha written consent o�the Owner. Own� may assign this Lease wiffiout Resident's written consent Own�'s sole obligation in tiie event of sach an assignment is to comply with Iviinnesota laws governing Reside�s deposik 28. MQRTGAGE HOLDER'S RIGHTS: The House may be mortgaged or may be snbject to a co�ract fur deed. IZesident agrces that the rights of the holder of any prese� or futwre mortgage or co�ract for deed are superior to Resideut`s rights. For example, if a mortgage on the House is foreclosed, the p�son who forecloses on the House may, at their option, �termmate Residem's Lease. Page 6 � � � � �� 29. HOUSE COMMUAIITy RLTLES AND ATTACHMF3NTS ARE PART QF LEASE: Auy attachments to this Lease, including the House Community Rules, aze a part of this Leas�. Owner may make reasonable cttanges in the House from time to time by giving Resident �urrtten notice. �8�39�-- 30. NOTICESa Residenf agrees Ehat notices delivered by Owner to the House aze proper notice to all Residents and aze effective as soon as delivered to the House. In addition to delivery to the House, Owner may send notice by first class maiI, postage prepaid, to the I3ouse address, and such norice shall be consideaed effective on the thsd tnail deFivery date ai{u the date it is deposited in tfie maiL Own� m2y atso deliver any notice in person to Resident. The receipt of written notice by one Resident shatl be considered prapea notice fo all Residents. Any notice� to be given by Resident to Owner may be delivered to the address on Yhe 8rst page of this Lease or by mail, postage prepaid, to Robert V,r, prth, Zviazled notices will be effecfive on the date mailed by Robert W. Orth. . 31. FAIR I�IpUSING; pwne�. is committed to being an equa( opportunity housing provider. Owner believes all Residents, poteutial Residenis, and agplicants shauld be proteeted from discrimination in housing on the basis of race, color, ancestry, sex, religion, creed, nationat origin, marital status, familial status, physical handicap, mental handicap, and agectional preference. Any acf or practice believed to constitute discrimination should be reported to Owner. Owner wilj prompfly investigate such reports and will take immediate action to eliminate any act or practice that violates the fair housing laws. EiOUSE LEASE GUARANI'EE In consideration of the House Lease, the undersigned hereby guazantee(s) the payment of rents and perforntance of all promises contained in this House Lease. � �� — " � O' J Resident(1) OWNER Robert W. Orth 1327 Prior Avenue St Pau1, MN 55116 Posfal address: PO.BOX SO7$S Mendota, MN 55150 DATED v �� Page 7 � Resident (2) Resident (3) Resident (4) Resident (5) Residerrt (� DATED _5 � ..` ^ fi�IQpS� LkAS� i ° . I : � � 7es�ripfion: Owner. Annuai lease of $16,800.�0 paid monfhty at a rafe of $1,400.00 per montfi 1327 Prior Avenue St Paul, MN 5571fi 4 Bedroom, 3 Bathroom, 2 Kitchen House and Yard e �ja(�R�L ��t ��{"��'� Robert W. Qrth Residents: �� [� 1 ( ) � U � � �'-� , ��-�( c2> ' F � � a��6 �3> c¢� (5) (6) Social Securify Numher �f�& — ° �'��6� v7�- z r - y5 5oy-v� Or,ginal C.7ove li Cata: Tafal Monthiy Rent Move In Date October t. 2004 House (�` $1,400.00 Rent Start Dat� October 1, 2004 Garage�CroT�k� i 0.00 Rant End �ate October 1, 2005 Other J 0.00 T � 1 400 00 First Month Rent Lease Terms; Lease Temt Tatal fease payments ��.��et� Lease Stad pate E�iraSon Date � $1,400.00 � 12 months $16,800.00 Odober i, 2004 October 1, 2005 90 days - 3 months FEES: Late Fee (4 days past due) $10D.00 Adttitional Late Fee after4 Days �$25.DD per day NSF Fee $30.00 Lease Break Fee - 3 months rent $4,200.00 Security Deposit-1 months rent ��0 �sY L �• $1,400.00 PetDeposit �(�,�,tb� $750.00perpet The Residentw�i pay rent and g'nre written nofice fo the Owner at the folfowing address: Robert W. Orth P.O. Box 50785 Mendota, fdN 55150 Dated: Cable N and Intemet Paid by owner Paid by occupant X eGas ' Paid by owner Paid by occupant X E(ecfricify Paid bY owner �g Paid by occupant x Water Paid by owner X paid by occupaot Gafiage Paid by own°r X Paid byoccupant The Lease is a IegaUy bmding document Each Resident acknowledges receipt of a copy of tfie 7 page Iease. Your signature means you undersfand fhe Lease. ��a�( b Page 1 Res,D�r(s>: (�7 Cz) (3) (4) (5) (6) � � 5 � � ` .i410U5E LE„E15E i ° . � ?es�ription:' • Owmer. Annual lease of $16,800.00 paid month[y at a rate of $1,400.00 per month 1327 PriorAvenue �g'7>G/ �-- St Paul, MN 55116 �( 4 Bedroom, 3 Bathroom, 2 Kitchen House and Yard ��jA�R��: '� � Robert W. O+ih Ftesidents: �� tSam � ,,p t (�) 7�l � �Qi� � ! ` ��7• d�! cz> F � '�SS 'a-�L� �s> (4) ts) (6) Original Move [n Data: Move In Date Rent Start DatA Rent End Date October 1, 2004 October 1, 2004 October 1, 2005 First Month Rent Lease Tertns: Lease Tertn Tatal lease payments ��rer� ease Start pate irafion Date � $1,400.00 �' 12 months $16,800.00 October 1, 2004 October 1, 2005 90 days - 3 months FEES: Late Fee (4 days past d�e) $100.00 Addfional Late Fee after 4 Days �$25.00 per day NSF Fee $30.00 Lease Break Fee-3 months rent $4,2Q0.00 SecurityDeposit-lmonthsrent��'D�s�Y� $1,400.00 PetDeposit V��IbC� $750.00perpet The Resident wi0 pay rent and g�ve written notice to ihe Owne� at the following address: RobeR W. Orth P.p. Box 50785 Mendota, MN 55150 Dated: • Page 1 Socia! Secu[ity Numher �i�l�— �1-�' v77- z' - y5 �iy-v� -1a 2� Total Manthly Rent House ,�^` $1,400.00 Garage�fo��Pkt� 0.00 Other 0.00 Total $1,400.00 Cable N and Intemet Paid by owner Paid by occupant X sGas Paid by owner Paid by occupant X Electricity Paid 6y owner � Paid by occupant X Water Paid by owner _ X Paid by occupaot _ Garbage Paid by owner X Paid by occupant The Lease is a legally binding document Each Resideht acknowfedges receipt of a copy of the 7 page lease. Your signature means you understand the Lease. ��ac(� � RESIDENT(5): ��) �2) (3) (4) (5) (6) y3 HOUSE LEASE TERMS AND CONDLTIONS I. DEFINTITONS: In the Lease, "Owner" means the Owner of the House and anyone working for the Owner or acting on the Owner's behal£ "Resident" means the aduIt(s) who have signed this Lease. "House" inctudes any and. atI items identified on gage l. 2_ ACCEPTANCE OF RESIDENT AND POSSESSION: Resident has submitted to Owner a written rental appfication and Owner has relied upon ResidenYs oral statements and the information contained in the appIirarion to be true and correct. If the information is at any tune deterutined to be incorrect, misleading, or false, Resident may be evicted (see paragraph 21). If Owner cannot ma[ce the House available for movain on the mov�in date on page 1, Resident cannot sue Owner for any resulting espense or inconvenience experienced by Resident. Resident wil( not have to pay rent for the days the House is not available due to the Owner's £ailure to make the House available on the mov�in date. If Owner is able to make the House available to Resident within one week from the moverin date, or if Owner can make an alternarive house available within that time, then this Lease shall remain in full force and effect. If no house can be made available within such one week period, then tfiis Lease sfiaIl be ferminafed and neither party shall have any liability to the other except for Owne�'s return of any advance rents or deposits paid. 3. RENTAL OA THE AOUSE: By t4ris Lease, Resident rents from the Owner the House and ofher items identified on ffie Lease Status Addendum(s}, if any. If Resident occupies a house different from these, this Lease including 4. CONDITION OF THE HOUSE: It is the responsibility of the Resident to inspect the House prior to move-in. If within 3 days of taking possession, Resident does not provide Owner with a completed and signed Mov�ln Inspection form disclosing damages or deficiencies, it is agreed that Resident accepts the House in its existing condiYion with no damages or deficiencies. The apptova! of any one Resident as to the condition of the House at move-in or move-out wiIl be relied on by the Owner as constituting the approval of all Residents who sign the� Lease. The Owner will keep t�e House in good repair. The Resident will be responsble for any damages that are caused by; (a) the Residen� (b) others listed on page 1; (c) Resident's family members, guests, or othes persons coming to the House because of ResidenYs occupancy, or (d) pets. This �ncludes damages caused by property owned by the same. 5. PAYMENT OF RENT: The Resident must pay the OwTter in advance the monthly reat identified on page 1 on or before the fi�s1:� of . 17us rent is to be paid as idenYified on page 1 or wherever the Owner directs. Personal checks for.rent payment will not be accepted aftes the 7th day of tfie month The full monthly rent must be paid even if the Resident believes that maintenance work is needed Acceptance of partial payment of rent, whether cuttent or past due amounis, does not waive Owner's right to start an evicdon action or to continue one that has already been started. 6. FEES AND OTHER CFTARGES: If the Resident does not pay the rent before the fourth dap of the month, the Qar�r� �ge x late f�e and a�da�}�.late�fe� for da�+s sabsequent tirthe 4t�t day as identified on page i. Resident will also pay a fee as shown on page 1 for each NSF check or the n�imum allowed by Minnesota Staiute § 332.50, whichever is lesser. Resident agrees fo pay all fees owed under this Lease, including but not limited to Iate, Iegal, court, ualawiul detainer and/ or damage, prior to paying rent for any given month. If Resident is evieted hecause Resident violated a term of this Lease, Resident must srill pay the full monthly rent until the House is ra-rented or the date this Lease ends. Owner mav alternativelv �llect as Liquidated Dama�es the sum of three months rent. Page 2 � �� See pardgraph 22. All aznounts af rent, or other damages or fees, owed by Resident to Owner but not paid when due or on demand sha11 bear interest at the rate of 8% per annum O g ' 3 9 � • 7. EACII RESIDENT RESPONSIBLE: Each Resident who signs this Lease and/or Addendum(s} to Lease is • responsble for all of the obIigations under this Lease andlor Addendum(s). In other words, each Resident alone may be held responsble for all of tfie obligations under this Lease. 8• RESIDEN'I' PROMISES: Only the Resident and Other(s) listed on page 1 may live in the House. Persons not lisEed as Residents may only live in the House with Owner`s written conse�, which consent may be conditioned on such persons being screened and signing this Lease as addirional Residents. Only person(s) identified as Resident on page i shaIl be issued Certificates of Rent Paid by Owner per Minnesota statutes. The Resident agrees: a. To use the House only for residential purposes. b. Not to use tfie House for any purpose that might threaten the safety of the building or other Resident(s) or any employee or representative of Owner. c. To comply witfi all House Rules. d. Not to disturb other Residents or Owner or �wner's agents. e. Not to allow dangerous and illegal activities. f. To keep the House clean, noY fo vraste or misnse any utilities, appliances or part of the House. g. Not to allow pets in the House unless otherwise agreed in writing by the Owner. h. To notify Owner in writing of any conditions that may cause injury, require repau, or affect the t�abitability of the House. i. During the terzn of the Lease and when Resident moves out, to pay for any and all damages other than reasonable wear and tear including but not limited to costs incuned to eliminate tobacco, food or pet odors. j. Not to have excessive numbers of visitors or frequent visitors. k. To obtain and maintain a current Renters Insurance Policy. • I. To compty with all recycling requirements as they may be set by the Owner or by law from time to time throughout the Lease. m. To conserve utilities fumished by the Owner. n�'i'ro� pa�. for any and ai'1 paintin�, cleaning and shampooing costs if occupancy is less tfian a sIIC mo�rth peri@d. o. Not to use or store, generate or dispose of on or neat the House any flammable, explosive, or environmentally hazardous substance. p. Not to interfere in the management and operation of the House. q. Not to keep a waterbed or other water filled fumiture in the House without the prior written consent of Owner. r. Not to use the House, common areas, or azeas surrounding the Fiouse to manufacture, sell, give away, barter, deIiver, e�cchange, distribute, or possess any illegal drugs. s. 23�� tosmoke within the F-3�ouse. t To mauitain the lac�,n azeas and snow remo�,al of sidewalks: ° Violation of any of the abwe agreements by Resident, Resident`s family members, guests, or any third person at ResidenYs House or coming to the House because of ResidenYs tenancy may be grounds for eviction. 9. NO ALTERATIONS: Unless the Resident receives written consent &om the Owner, the Resident agrees: a. Not to change any part of the House, Building or Common Area. b. Not to use or instaIl any privately owned washers, dryers, heaters, air conditioning or antenna system c. Not to repaint, wallpaper or aIter the Iiouse or use any glue or adliesive. d. Not to modify or decorate any patio or balcony that may be part of Resident's House. e. No electric cords, wires or cabies may be run from the House to any outside area. • Page 3 � �j Any changes that aze made by the Resident will become the properfy of the Owner when the Reside� moves out. The owner may, however, d'uect flae Resident_ to remove them and/or restore the House to its original condition at the Resident's expense. 10. FIRE PROTEC'ITON: $ach House is equipped with a smoke detector. It is the responsibility of the Resident to test the smoke detecfor to ensure that the detector operafes praperly. Ownes assumes no responsibIIity if the defector. is not maintained by Resident. It is a lease violafion and grounds far evic6on if the smoke detector is disconnected or otherwise made inoperable by Resident 11. DOOR KEYS AN1J LOCKS: Each Resident wilt be furnished with keys to the House. If a ResidenY fails to retum all keys upon mov�out, the Resident agrees to pay the Own�' for the replacement of the locic�, The Resident is not permitted to chaage the locks without fust obtaining the written consent of the Owner and must fumish the �wn� with keys for any chanped locks. Resident will be chazged for any additional keys or replacement keys. If it is necessary for Owner to replace locks, Resident agfees to p�y these chazges. Owner wiD advise Resident upon request of the current charges for lock replacement and additional keys. 12. PEST CON'TROL: Owner will periodically supply pest control in the House. Resident will coopesate witli Own�'s pest conirol requii emeqts. This may include, among oth� things, Resident emptying and cleaning cabinets, drawers and closets, pulling fiuniture away from waIls and allowing e�cterminators to enfer and ireaf ffie House. If Owner identifies any materials in Resident's House as a source of a pest problem, Owner may require Resident to —�ear or__vIi... �re ,-t, ;a ri� j�y (ja Pr`c e�cteimLnafO� 13. OWNER`S RIGHT TO INTER THE HOUSE: The Owner may enter the ResidenPs Aouse at reasonable times in order to make repairs, inspect or sfiow the House. In case of em�gency, Owner reselves tlte right to enter the House at any time. 14. MOVLhIG OUT: Before moving out, the Resident must give the Owner wriiten notice three calendar month� prior to the Lease e2cpiration date shown on page 1. If this written nofice is fiunished by the Resident to the Owner, the Lease will end at 12:00 noon on the ]ast day of the month and ReSident and Resident's Qropeity must be out of the House at that ti�me. The 12esident agrees to permit the Owner to show the House to prospective residents. If Resident abandons and/ or returns keys to the House before the end of tlxe Lease, then Owner may take possession of the House but Resident witl continue to owe Rent until the end of the Lease. I5. RENEWAL OF Tf�IE LEASE: This Lease may be renewed by eithe�r the Resident or tfie Owner. a. by written agreement witfi Owner. � b. by Resident's failure to give Owner three callendar months' written notice. The lease will automatically renew for a 12-month period according to the Yerms set forth on page 1 plus an additional $75.00 per month. 16. DEPOSIT(S): The Resident agees to pay any and all Deposit(s) as required by tfie Owner. The Deposit(s) may not be applied tp rent, damages or fees during the term of residenCy. The Deposit plus accrued interest �vill be refunded in one check payable to atl adults lisfed on the tast House Lease, proYided all ternvs of fhe House Lease have bean fulfilled. Page 4 5 �' • 17. RETLTRN OF DEPOSIT(Sl: When the Resident moves out, the Deposit(s) will be retumed by Owner with interest as specified by Minnesota Statutes providing Resident has: a- Given the proper written notice and has performed all the terms of this Lease. Q$�� b. Vacated by 12:00 noon on the last calendar day of the month. c- Left the House in a clean and undamaged condition, ordinary wear and tear accepted. Extra cleaning, painting or freatmenfs to remove stains or to ireat stubborn odors from tobacco, cooking odors, or pets are not considered normal wear and tear and these charges will be deducted from fhe deposiE. If Resident has lived in the FIouse for less than six months, then charges for painting, cleaning, aud shampooing shall be considered beyond ordinary wear and tear. d. Removed all personal properry and garbage from the House. - e. Retumed all keys and garage doar openers. £ I.eft Resident's forwazding address in writing. g. Paid all outstanding amounts due to the Owner and utility companies. Minnesota law provides Owner may keep all ar part of deposits for damage to the House beyond ordinary weaz and tear and for other amounts owed to Owner. Owner will send to Resident the deposit, or a written notice explaining amounts deducted from the deposit, within 21 days after the end of ResidenPs tenancy. Resident's liability for full compliance with this Lease, and for payment of damages to person or property, is not limited to the amount of the Deposit. 18. OWNER NOT RESPONSIBLE: The Owner is not responsible for the actions of or any damages, injury or hazm caused by third parties including but not limited to other Residents, guests, intruders or trespassers. The Owner is not responsible for any damage or injury that is done to tl�e Resident or ResidenYs property that was not caused by a willfui or negligent act of the Owner or failure of the Owner to act. 19. DESTROYED OR UNLIVABLE HOUSE: If the Hause is destroyed or damaged so it is unfit to live in, Owner � may cancel this Lease immediately and may choose not to rebuild or restore the House. If the destruction or damage was not Resident's fault and Owner cancels this Lease, rent wiil be prorated and the balance will be �efunded to Resident. � 20. OWNER'S RESPONSIBILITY: The Owner promises: a. Tfiat the House aze ftt for use as residential premises. b. To keep the House in reasonable repair and make necessary repairs within a reasonable time after written notice by Resident except when damage is caused by the intentional or negligent conduct of the Resident, ResidenYs chiidren, fiamily members, guests, or other persons coming to the Ho�se because of Resident. c. To maintain the House in compliance with applicable health and safety codes except when a violation of tEie health and safety codes has been caused by the intentional or negligent conduct of the Resident, Resident's children or family members, gllests, .br persons coming to the House because of Resident. d. To keep the common areas clean and in good condition. 21. EVICTION: If Resident violates any of the terms of this Lease, or if Owner Iearns that information provided by Resident on the rental application was false, then Resident may be evicted immediately and without prior notice. If Resident is evicted but does not move out voluntarily, Owner may bring an eviction action. Llnder state law, a lawful seizure from the House of any illegal object or subsfance, including drugs, constitutes unlawful possession of the House by that Resident, and is grounds for an automatic eviction. If Resident violates a tetm of this Lease but Owner does not sue or evict the Resident, Owner may still sue or evict the Resident for such past vio]ation or a Page 5 5� s¢bsequent similar violation of any term of this Leas�. Owner's acceptance of Rent from Resident with lmowledge of a lease violation, or after Owner has asked Resident to move, shall not constitute a waiver of Owner`s rigfit to ra enter the premises by bringing an unlawful detainer / eviction action for breach of lease under this paragraph. Owner shall nat be deemed to have waived its rights to bring an eviction or other legal action, or pursue an e�cisting eviction or other geuding legal action, unless such waivu or agteement by Ownez' is pat in writing aud signed by � Owner. 22. LTOUIDATED DAMAGES FOR LEASE $REAK OR EVICTION: In the event that I�e,sident is evicte� gives improper or insufficient notice, or moves before the end of the lease tera�, then Owner shall be enritled to collect as Liquidated Damages for IosE re� an amount equal to three months r�t This Liquidated Datnages right is in lieu of the right Owner would otherwise have at law to collect rent for each month of the remaining term of the Lease or to collect costs of re-rental, such as advertising costs, commissions, or other inducements paid to secure a new resident The parties agree this sum for Liquidated Damages is fair in that the actual amaunt of daznages Owner will susfain m tost rents or r�rental costs when Resident gives insufficient notice, moves ouf before the end of tfie tetm, or is evicted may be difficuIt to determine. T�is� �x�idated Llamages amoun� is oaly, to .compen5ate.Otvne�for �euia�'fir�. Owner is entitled to collect in ad@ition to these Liquidated Damages all actual amounts of damages �n�un'ed �y (3wner for past due rents and iees, �,amages beyond ordinary wear attd teur, court costs and attomeys' fees. This Liquidated Damages of three months' rent is soleIy to compensate Owner for the estimated amount of lost rents and re-rental expenses suffered due to eviction, moving during the lease term, or giving insufficient notice and t�s-afher dattas 23. ATTORNEYS' FEES• If Owner brings any legal acrion against Resident, Resident must pay Owner's actual attorneys' fees, court costs and related expenses even ifrent is paid after a legal action is started. 24. OWNER'S LEGAL RIGHTS AND REMBDIES: Owner may use its legal rights and remedies in any combination. By using one or more of its rights or remedies, Ownet does not give up any othes rights or remedies it � may fiave_ Acceptance of rent does not waive Owner's right to evict Resident for any past or existing violarion of any term of this Lease. 25. NO ORAL PROMISES: The Resident agrees that the Ocvnet has made no promises or representations that aze not stated in this Lease. This Lease may only be changed in writing signed by both.the Resident and the Owner. 26. SEVERABILITY: The determinalion by a co�st tbat any provision of this Lease is unenforoeable shall not affect the enfotceabilify of any other provision of this Lease or Rules. 27. ASSICTNMII�I'T OF LEASE: The Resident may not sublease or assign this Lease to otfiets wiEhout the written consent of the Owner. Owner may assigrt tbis Lease without ResidenYs written consent Owner's soIe obligation in the event of such an assignment is to comply with Minnesota laws governing ResidenYs deposit. 28. MORTGAGE HOLDER`S RIGHTS: The House may be mortgaged or may be subject to a contract for deed. Resident agrees that the rights of the holder of any present or firiure mortgage or contract for dced aze superior to ResidenYs rigfits. For e�mple, if a mprtgage on the House is foreclosed, the person who forecloses on tfie House may, at tfieir option, terminate ResidenYs Lease. Page 6 �� . 29. HOUSE COMMUNITY RULES AND ATTACHMENTS ARE PART OF LEA5E: Any attachments to this Lease, incIuding the House Couununity Rules, are a part of this Lease. Owner may make reasonable changes in the House from time to time by giving Resident written notice. �g, 39� • 30. NOT`ICES: Resident agrees that notices delivered by Owner to the House are proper notice to atl Residents and are effective as soon as delivered to the House. In addition to delivery to the House, Owner may send notice hy fust class mail, postage prepaid, to the House address, and such notice shalt be considered effective on the third mail delivery date after the date it is deposited in the mail. Owner may a]so deliver any notice in person to Resident The receipt of written notice by one Resident shall be considered proper nofice to all Residents. Any notices to be given by Resident to Owner m�y be delivered to the address on the fnst page of this Lease or by mail, postage prepaid, to Robert W. Orth Mailed notices will be effective on the date mailed by Robert W. Orth. 31. FAIIZ HOUSING: Qwner is committed to being an equaI opporlunity housing provider. Owner believes all Residents, potential Residents, and applicants should be protected from discrimination in housing on the basis of race, color, ancestry, sex, religion, creed, national origin, mazital status, familial status, physical handicap, mental handicag, and affectional preference. Any act or prac6ce believed to constitute discrimination should be reported to Owner. Owner will pmmptly investigate such reports and will take immediate action to eliminate any act or practice thatviolates the fair housing laws. HOUSE LEASE GUARANTEE In conside.ration of the House Lease, the undersigned hereby guazanteets) the payment of rents and performance of all promises contained in this House Lease. r 1 U �� ,N'(,{4�� Resident (1) i ��''+�l/ OWNER: Robert W. Orth 132'7 Prior Avenue St Paul, MN 55116 Postal address: PO Box 50785 Mendota, MN 55150 DATED `" "' ��L � Page 7 • Resident (2) Resident (3) /✓/ Resident (4) Resident (5) Resident (6} DATED � � MINUTES OF TF� MEETING OF THE BOARD OF ZONING APPEALS • CTI'Y COUNCII, CHAMBERS, 330 CITY HALL ST PAUL, MINNESOTA, FEBRUARY 25, 2A07 PRFSENT: Mmes. Bogen, and Morton; Messrs. Courtney, Faricy, Wazd, and Wilson of the Boazd of Zoning Appeals; Ms. Tiemey, Ciry Attomey; Mr. Hazdwick and Ms. Crippen of the Department of Safety and Inspections. ABSENT: Joyce Maddox*, Marilyn Porter *Excused The meeting was chaired by Gladys Morton, Co-Chair. Robert W. Orth (#07-2013'731 1327 Prior Avenue South: An appeal of the Zoning Administrators' decision that the house is being used as a duplex and the unit in the basement must be removed. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for denial. Two letters were received opposing the variance request. T�✓o letters were received from District 15 regazding the variance request. Mr. Courtney questioned staff whether the District Council had changed their minds about the variance request? Mr. Hazdwick replied that there is a letter from the Development Committee tfiat is opposed to • it and another letter from the Community Organizer that says they aze not going to take a position on it. So the Committee that heard it originally recommended deniai on it. The most recent thing they stated is that they are not going to take a position. The applicant ROBERT W. ORTH, PO Box 50785, was present. Mr. Octh stated that he did purchase the properry in 2000 and from 2A00 to 2003 he lived on the property and homesteaded it. He also put in an egress window in the basement, because he thinks that an egress window is good in any basement. He submitted letters from his maintenance and management people stating that the house has only been rented as a single-family home for the last four years. That area in ffie basement is a recreational area it has a juke box, two dart boards, the ]ady that turned Uim in had a pool table in the room, the people before had stadium seating to watch TV. The people before rhat had a band in the basement. He continued tUat he designed the room specifically for his home for a recreafional azea. He has never signed two leases on ffie property. He continued that the kitchen in thete makes it convenient to not be running up and down the stairs. It has never been rented as a duplex. At the Highland Community meeting he did attend, there were five people there and a motion by aa attorney there Edwazd T. Matthews, that it was a duplex, we couid not get a second on the motion and the people coutd not decide whether the house was or wasn't a duplex. But Mr. Edward T. Matthews thought that it was not a duplex but the other four people could not decide. He feeis that this order is unreasonable, why can't you have cabinets in a basement, can't a person have a sink and entertainment center, can't you piug into a 220 ouflet. The components of the descripdon of what a duplex is, is a very vague descripaon by the City. Ttte statement of what a duplex is according to Google's Lawyers definition: is a house that has sepazate but compiete facilities to accommodate two families. We do not have any sepazate heat or electdc in the place. The only ta�wdry facilifles are in the basement so the upstairs main level has to go � down stairs to do ffie laundry all the keys aze the same, noting that he has not changed any of the doors, � AA-ADA-EEO Employer 08 3 �a- • File 1{07-201373 Minutes 02-25-08 Page Two if it was a duplex there would be different keys for that. He is living in the house now and has lived there since September he contended that this house dces not fit the definition of a duplex he has not rented it as a duplex. There was opposition present at the heazing. Gregory McDaniels, 1938 Sheridan, stated his house is direcfly across the street from the applicanYs house. He stated he dces not laiow the zoning codes and does not want to accuse anybody of anything. But from our point of view, he and his wife, the effect of what Mr. Orth does with his properry is quite the opposite of a single-family dwelling. There will be, when he is renting out the place, four to five cazs on Prior Avenue, on his side of the street and on the applicant's side of the sheet. On the weekends, and this is many weekends, people come and go, friends come and go and Saturday and Sunday morning when Mr. McDaniels goes out onto his properry, the grass and lawn to pick up pizza boxes, beer cans, bottles of every sort. He quesdoned what can he do. He has called the police and reported this much, saying that it is a regulu happening. With this many cars, there is nobody else azound it must be from all the cazs and people coming and going &om his house. Mr. McDaniels stated that he went to the Highland District Community meeting and had an opportunity � to see how Mr. Orth advertises to rent his property. His advertisements two bathrooms, two kitchens, he is inviting people to figure it out and put it together. A bunch of young people figure out that they can shate this space. It has two bathrooms, two kitchens and all these bedrooms it is great and some of those people have been pleasant young people. He approached a couple of them and asked them if they could watch the trash and they said they didn't l�ow but they would ask the other people living in the house and see if they would watch out for traskung his lawn. Each time a new group comes in there just seems that too many people come in whether it is rented as a duplex or not, the effect is the same as a duplex at least if not more. He contended that 5, 6, 7 people living in that house and each of them have a car. That is a tuff one, he stated that he could probably think of a few more things but those aze the main things we have noticed when he is not living there. When he is living there we don't have a problem, he is a person living in the house and there are no complaints about him. But the people that come in are just too many for that house. Mr. Courtney questioned that it looks from this lease, that Linda Fox is living there with maybe three children, is that correct? Have you seen these people? Mr. McDaniels replied that he has recently seen a woman with a child or two and a younger man. It is not that we are looking out but we aze doing dishes or something and we see people coming out and we wonder if those ate our new neighbors? He stated that he dces not know if he has seen them or not to know if there are other people living there. Mr. Couriney continued that he is just looking at this lease before him dated 6/2l07 says Linda Fox and three childten. Mr. McDaniets stated that he could not answer that Mc. Orth could. Mr. Courtney stated that he is more interested in Mr. McDaniels side of it, what you have seen. Is Linda Fox leaving pizza boxes and everyWing else are there more than four people living there? Mr. McDaniels stated that right now he has not seen more than four people. The last group that were living there were supposedly . a family and there were all kinds of issues with them. The police were called one evening there were so � many young people out there they were blocking the street, there were cazs and he thinks they were � fl AA-ADA-EFA Employer FIle #07-201373 Minutes 2-25-08 Page Three having a garty and the police were called to break it up. That was the last group to live there. He thinks tktat was the last part of 2007. After that there has been nobody except Bob he guesses. He did see this other family, but he dces not l�ow about that, he cannot really speak to who else is in there. Mr. Courmey fi�rther quesdoned that this seems ]ike a place where college kids jam themselves in there and party. Mr. McDanieis stated and save money. College students don't have a lot of money and with two kitchens and lwo bathrooms they can get all their friends togeffier and each of them pay just a little. That kind of advertising just invites people to figure out how to get a lot of peop2e into a small place than each of them pay just a little bit. It is not against the law but the effect is that it is not a single-family dwelling any more. � Roy Wendt, 1331 Prior Avenue South, stated he lives next door to 1327 Prior and his father-in-law built both houses. He stated that he agrees with Bob there have been numerous people living in this building some of them were college students and some of them were not. The group prior to Ms. Fox, there must have been at least sie people rvmg ere at one Ume. or ere was a g u . siudents living there, before that there were three young men living there that Bob had ta evict. But it has been used as a multipie dwelling for the last several years. Mr. Orth stated first the most important thing is that this house was rented as a duplex and that room was not in the basement, it was a recreational room. As you go tluough the affidavits from ttte maintenance . guys that were there for over four years and the picmres that were taken. That room was used as a pool room, sradium seating and was never rented sepazately. The last lady there was Linda Fox she was in her 40s with three other children. His neighbor said that the first boys, they were about 30, that had the band so there have been times when he has not been there, so he cannot pmfess because he has not been there, but if there have heen college students &om St. Thomas, if they had a parry there could be more people there. But in that room in the basement recreational room there were not beds, there was stadium seating, there was a pool table, couches to watch the set, play darts, play the juke box. That is what that room was used for. A lot of the times on the lease it was just the people, continuing that Linda Fox had some personai problems, she is the one that had the police calls. 17�is recreationaL room is its intended use and that is what his renters use that area as and that is what lus handy men or maintenance people have attested to when they have gone in to repair the toilet or to fix this, there is always something to fix in a rental place. Mr. Wazd quesrioned Mr. Orth that he has not lived at the site for severai years and just moved back in September? Mr. Orth repiied no, he lived in the house from 2000 ta 2003, that is when he built the recreation azea and put in the egress window. Stating that he kias another address at 899 Palace where he has lived. Noting that he travels a lot and after Linda was evicted, his place at 899 Palace is for sale so he moved back into the house. Mr. Wazd stated he is just trying to understand fhe time line. Mr. Ortfi stated that from 200Q to 2003 he lived there, from 2003 to 2007 he rented it and now he is back there living. Mr. Ward further questioned with the information you submitted, in 2004 there was Fleming & F.sson that were on the lease three young ladies and it looked like two of them were related and one was a friend. Then you aze stating that in 2004 that is when Ms. Fox moved in. Mr. Orth replied yes. Mr. Wazd continued that she stayed until September when you moved back in. Mr. Orth replied yes. Mr. Ward continued then you gave us what Google's definirion of a duplex is. Mr. Orth replied yes, a �� l;' AA-ADA-EEO Employer 08� 39� • File #07-201373 Minutes 02-25-08 Page Four lawyers definition. Mr. Wazd stated that he just wants to give Mr. Orth a little informaflon. Mr. Orth stated he is new to this. Mr. Wazd continued that jurisdiction you are in is the City Saint Paul and the City has policing power for any�ing. VJe define the definition of what we consider a single-family home or a duplex. According to our definition under Section 60.205, which is what you have there is one family. Even by your own time line there wasn't a family in 2004. There was a family after the residents lefr and stayed there which were the Fox's. You even men6oned that this residence was used for entettainment purposes. Mr. Orth stated that he used it for entertainment purposes when he lived there. He continued that when he lived there and the other four leases, he lost one of the leases for the four yeazs. If you read over the affidavits submitted by his handy men or the people that did his maintenance. Mr. Wazd stated he is just going by what you have stated, a residence cannot be a place for people to come together and congregate that is a place of business. A poot haU or recreation facility that is not defined as a single-family residence. Mr. Orth stated that is right what he is saying, it is in the basement so that it is not a single-family residence. Mr. Ward questioned so you aze saying it is not a single family residence? Mr. Orth replied the ordinance said designed for occupancy, this was not designed for, this was designed for watching TV, shooting darts, it has a juke box and it had a pool table it was not designed for a single occupancy separately. Mr. Ward questioned if you sell this particulaz structure what keeps someone else from using ffiis as a duplex illegally, the way it is set up. Mr. Orth replied there is not separate heating, laundry, there is not sepazate mail. There are a lot of things like if � ,you try to go to the main floor from the downstairs without having laundry facilities. If the tempeture is not 75 upstairs when it gets cold, it gets cold in the basement; there aze no sepazate heating facilides. There are no separate mail facilities. He stated that his design was for occupancy of an entertainment center which is what it is used for. Stating that it has only been rented to a single family for a residence. Mr. Ward questioned the three people on one of the leases? Mr. Orth stated that lease was for three women leasmg a house just like the men leased the house. Mr. Courtney questioned who put in the kitchen in the basement. Mr. Orth stated that he put in the water in the kitchen, there was not a stove but there was a 220 watt outlet. He continued he ran the water line down from upstairs, he moved the stove down there, put in the egress window. Mr. Courtney questioned ffie refrigerator? Mr. Orth replied he did purchase the refrigerator. Mr. Hazdwick questioned Mr. Orth, the lease says it is a four bedroom, three bathroom, two kitchen house. In ffie cecords of the Building Inspec6on Department we only have a permit for the egcess window. We do not have pernuts for instaliing the bathroom in the basement, or the attic space that was converted. Mr. Orth replied that is true, if you look back all the gazage units he claims he pulled all the permits for all the elecuic and the heating, for the water he did not. Mr. Hazdwick questioned whether it was a four bedroom home when he purchased it? Mr. Orth replied no it was a three bedroom house. It has one giganflc master bedroom upstairs with two on the main level. Ms. Bogen quesrioned where is the fourth bedroom then? Mr. Orth replied well with the egress window in the basement it dces qualify to have a fourth bedroom. He stated that he has put in egress windows in his properties it is good if you shoot pool down there and is good for ihe lighting. � �3 AA-ADA-EEO Emp(oyer File #07-621373 Minutes 02-25-08 Page Five Mr. Wilson questioned ihat Mr. Orth had brought the water from upstairs down, he further questioned didn' k the water come into ffie basement? Mr. Orth stated he dces not remember e�cacfly how much water was there, but there was water to tap into. Mr. Wilson questioned so you made a complete bath? Mr. Orth replied yes it is a three-quarter bath. Ms. Bogen questioned whether he had laundry facHides? Mr. Orth replied there aze only laundry facilities in the basement. Mr. Courtney stated he had two quesdons for either staff or legal council, lus first question is when it says purpose it says "the house is being used as a duplex and the unit in the basement has to be removed", what would be removed mean? Mr. Hardwick replied that he would refer the Board back to the definition of a dwelling unit. It is a room of a group of rooms used for eating, sleeping, living and cooking. So in order to remove the dwelling unit so it does not meet the definition one or more of those • things have to 6e removed. For living, sleeping, cooking and eating, typi y w we requue remove the kitchen facilities. We say that simply because it is pretty fiard to remove a bedroom. There is no harm in having a restroom/bathroom in a recreation room. The easiest way and most practical way to remove an illegal unit is to remove the kitchen facilifies. To do that we require that the appliances and stove be removed, the Idtchen sink removed and the pluming and or gas lines need to be capped inside the wall and the wall has to be repaired or sheet rocked over. • Ms. Bogen stated that she wants to add that the enforcement notice did not say that the refrigerawr had to be removed. It just said the stove and the sink. She dces not understand that. Mr. Courmey continued that his next question "is his single-family home that he lives in, if he rents it to three college students is he breaking the rules because he has Wrned his house into a duplex because he dces not have a regulaz family living in there. Mr. Hardwick responded that he would again refer tke Board back to the definition of a dwelling unit. It says used or intended to be used for sleeping, eating, living if you have three people living in a building that building can still only contain one dwelling unit. You can have up to four unrelated people consatuting a singie-family, but you still cannot have two sepazate dwelling units, regazdless whether there aze three people in the building or two people. The part to keep in mind is that there aze two sepazate dwelling units, the quesdon is not how many people aze living in the building from our Code Enforcement stand point. The quesaon is dces it constitute more than one dwelting unit? The Zoning Administrator determined tUat it does. Mr. Wilson questioned so it fits the definition regazdless of its uses, it is? Mr. Hazdwick replied yes, if it physically contains two dwelling units that is not permitted. Mr. Wazd quesdoned siaff and legat councII, being that there was a prior inspecfion and that inspecflon had orders to remove the unit and after the re-inspection it was discovered that the appliances were reinstailed again. What is the follow-up, on any rype of fines, or actions by number one, moving the items after the inspection order, and upon the re-inspection finding that these items have been reinstalled? Ms. Tiemey stated that the original orders that ordered that the appliances be removed was quit some time ago, she asked Mr. Hardwick if that were correct? Mr. Hardwick replied that yes, it had to do with � the sepazate dwelling unit in the garage and according to our inspectors those appliances have since been � V AA-ADA-EFA Employer 08� 3qa- • File 1107-201373 Minutes 02-25-08 Page Six removed. Any violation of the Ciry Zoning Code is a petty misdemeanor. Mr. Wazd commented as well as it was not installed without a proper permit. Mr. Hazdwick replied that is also a misdemeanor. Typically what our department dces when we discover that something was done illegaliy we give the property owner or the responsible parry a reasonable amount of tune to correct the matter. That could be either to remove the IIlegal work that was done or obtain the permit legally and have it inspected. If neither of those things aze done we also have an opaon of issuing an ordinance citation. Hearing no further testimony, Ms. Morton closed the public portion of the meeting. Mr. Wazd moved to deny the variance and resoluflon based on findings 1 through 4, as well as new informadon that has come to light that it was not pernutted and inspected properly through the installation of the basement bath. Mr. Wilson stated he would like that it be based on definition of a dwelling unit. Mr. Wazd stated he would accept a friendly amendment. Ms. Bogen stated that she l�ows that part of this morion is to protect the ptoperty for future use, so somebody does not tum it into a duplex, at this point she finds it persuasive to vote against the motion. Because all these leases since 2004 are cleuly for the four bedrooms, three barhrooms, two kitchens unit and the yazd. She dces not think that the applicant has ever thought of renting it out as a separate unit. � She understands that it looks like a sepazate living unit but it is not like some cases where we find that some people are living in a unit. Probably like his gazage was. So she is going to vote against it, because she dces not see any attempt to rent it out that way. Mr. Wilson seconded the motion, which passed on a roll call vote of 5-1(Bogen). Ms. Morton stated that Mr. Orkh's vaziance request has been denied, however, he can appeal to the City Council within ten days. Mr. Orth questioned appealing to the City Council when he is living in the house and he is traveling all the time. Ms. Mofton instructed Mr. Orth to speak to Mr. Hazdwick. Submitted by: John Hazdwick � Approved by: Gloria Bogen, Secretary AA-ADA-EEO Employer I 1 � �