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09-04Council File # ��Q Green Sheet# 3065361 Presented by / 1 BE IT RESOLVED, that the Council of the City of 5aint Paul hereby certifies and approves the October 2 21, 2008 decision of the Legislative Hearing Officer on Appeals of Letters of Deficiency and denial of an 3 encroachment permit for the following addresses: 4 5 Propertv Apuealed Appellant(s) 6 7 706 Conway Street Curtis Woetzel 8 9 Decision: Grant the appeal. 10 11 1731 Davton Avenue James Young 12 13 Decision: Deny the appeal and grant an extension for one yeaz to replace the windows. 14 15 1778 Marshall Avenue James Young 16 17 Decision: Deny the appeal. 18 19 2173 Sel� Avenue James and Veronica Hoffman 20 21 Decision: Deny the appeal. 22 23 RESOLUTION CITY OF,SAINT �AUL, MINNESOTA Bostrom Carter Yeas I N Requested by Department oE Stark Thune � � Forrrt Approved by City Attorney By: Adopted by Council: Date ���7���o'y' . Form Approved by Mayor for Submission to Adoption Certified by Council Secretary Council By �� � � By. �- ��/°� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D 1-�� Departmentl�celCouncil: Date Initiated: co-�°°°��� 1g-DEGOS Green Sheet NO: 3065361 ConWCt Person 8 Phone- Department Sent To Person InitiaVDate Marcia Moermond y o oaoc� 0 fr8570 1 ouncil De artment Direcwr A55ign 2 �ty Clerk Ci Cierk Must Be on Council Agenda by (Date): Number 3 0 For 4 0 Routing Doc. Type: RESOLUTION Order 5 0 E•Document Required: Y Document Contact: Mai Vang ConWCt Phone: 6-8563 ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution approving the October 21, 2008 decisions of [he Legislative Hearing Officer on Appeals of Letters of Deficiency for properties at 706 Conway Street, 1731 Dayton Avenue, 1778 Marshall Avenue, and 2173 Selby Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 7. Has this persoMfrm ever worked under a contract for ihis department? CIB Committee Yes No Civil Service Commission 2. Has this person/frtn ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current city employee? Yes No , Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approvetl: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: CosURevenue Budgeted: Funding Source: Activity Number: Fi nancial Information: (Explain) December 19, 2008 10:40 AM Page 1 October 21, 2008 Property Code Hearing Minutes ��'� � Page 3 2. Appeal of Curtis Woetzel to a Certificate of Occupancy Deficiency List for property at 706 Conwav Street. Appellant Curtis Woetzel, 14118 Naples Street N.E., Ham Lake, MN 55304, appeared. Ms. Shaff gave a staff report. She stated that a Fire Certificate of Occupancy inspection was conducted on September 4, 2008 and that the openable width of the egress windows in one sleeping room was one inch less than required. Ms. Moermond stated that she would recommend that the appeal be granted. 3. Appeal of James Young to a Certificate of Occupancy Deficiency List for property at 1731 Davton Avenue. (Laid over from October 7) Appellant James Young, 5611 Julep Way, Lake Elmo, MN 55042, appeared. Ms. Shaff gave a staff report. She stated that a Fire Certificate of occupancy inspection was conducted on September 15, 2008 and that the openable height of the bedroom windows in the building was six inches short of the required 24 inches. Mr. Young presented photos of the building. He said that he had purchased the property eight or nine years ago and that the window height had not been brought up in previous inspections. He said that the window width exceeded what was required. He said that the building had been rebuilt after a fire in 1986 and that the code had not changed since then and the windows had not been modified. Ms. Shaff stated that the code had been the same since 1978. Mr. Young said that he was a real estate professional and could not afford to replace the windows with the current market conditions. Ms. Moermond said that she would recommend a one-year extension to replace the windows. 4. Appeal of James Young to a Certificate of Occupancy Deficiency List for property at 1778 Marshall Avenue. (Laid over from October 7) Ms. Shaff gave a staff report. She stated that a Fire Certificate of occupancy inspection was conducted on September 15, 2008 and that the ceiling height in the lower level unit was found to be five inches shorter than the required seven feet. Mr. Young presented photos of the unit. Ae stated that the building had been purchased as a legal triplex and that the ceiling height in the lower-level unit had never been seven feet and had not been an issue in previous inspections. He said that the ceiling height was six feet, ten inches in some portions of the unit. Ms. Moermond asked for a diagram of the rooms. Mr. Young stated that the unit was an efficiency apartment with one main room and that the ceiling height in the main room was six feet, seven inches. October 21, 2008 Property Code Hearing Minutes Q�'� `7 Page 4 Ms. Moermond stated that her recommendation would be forthcoming. Ms. Moermond reviewed the records on November 18 and recommended denial of the appeal. Appeal of 7ames and Veronica Hoffrnan to a Certificate of Occupancy Deficiency List for property at 2173 Selbv Avenue. Appellants James and Veronica Hoffrnan, 4927 Lake Avenue, White Bear Lake, MN 55110, appeared. Ms. Shaff gave a staff report. She stated that a Fire Certificate of occupancy inspection was conducted on September 23, 2008 and that the ceiling height in the basement bedroom was found to be three inches shorter than the required seven feet. Mr. Hoffinan stated that the property had been their family home but was being rented until the market improved so that it could be sold. He stated that when he had remodeled the basement, he hadn't seen specific requirements for ceiling height in a bedroom but only for total square feet. Ms. Moermond stated that her recommendation would be forthcoming. Ms. Moermond reviewed the records on November 18 and recommended denial of the appeal.