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09-05Council File # �� ��J Green Sheet# 3065401 RESOLUTION CITY�OF SAl1�T PAUL, MINNESOTA Presented by � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 16, 2008 decisions of the Legislarive Hearing Officer on Appeals of Letters of Deficiency and Vacant Building Registration Fee for the following addresses: Propertv Appealed 1151 Norton Street Appellant(s) Fred Schweich Decision: Grant a variance for the window height. 642 Van Buren Avenue Johnny Howard Decision: Appeal granted contingent upon the building being re-occupied by January 16, 2009. Yeas � Nays � Absent �I Requested by Department of: Harris Thune Adopted by Council: Date Adoption Certified by Council Secretary By: ;s/ ' Approved b�� or: Date f ( e By: � Form Approved by City Attorney B Form Approved by Mayor for Submission to Council � Approved by the Office of Financial Services � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � nG�b� �, DepaRmentlOfficelCouncil: Datelnitiated: GPeeI� Sllee` NO 3065401 CO —Council 22-DEC-0B ConWCt Person 8 Phone: Department SentTo Person InitiallDate Marcia Moertnond y o ono�a 0 - 6-$57� 1 ooneil De ar4nentDirector A "` s �g ° 2 - Clerk (,5 Clerk Must Be on Council Agenda by (Date): Number 3 0 For Routing 4 0 Doc.Type:RE50LUTION Order 5 0 E-Document Required: Y Document Contact: Mai Vang ConWct Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution approving the December 16, 2008 decisions of the Legislative Hearing Officer on Appeals of Letters and Vacant Building Registration Fee for properties at 1151 Norton Sfreet and 642 Van Buren Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/frm ever worked under a contract for ihis department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any wrrent city emplayee? Yes No Explain ail yes answers on separote sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disativantages If Approved: DisadvanWges If Not Approved: , Total Amount of Cost/Revenue Bud eted: TransaMion: 9 Funding Source: Activity Number: Financial I nformation: (F�cplain) December 22, 2008 10:52 AM Page 1 ��d� December 16, 2008 Property Code Minutes 2. Appeal of Fred Schweich to a Certificate of Occupancy Deficiency List for proper[y at 1151 Norton Street. Ms. Shaff gave a staff report. She stated that the property was inspected on December 4, 2008 for the Fire Certificate of Occupancy (C of O), and that the inspector had found that the openeable height of the egress windows in both units was less than the required 24 inches. Mr. Schweich stated that the windows were above ground and had a 22 inch openable height and 35 inch openeable width, and that the windows were easily removable. Ms. Shaff stated that the code stipulated that no tools or special knowledge be required to remove the windows. Mr. Schweich presented photographs of the windows. He stated that no tools or special knowledge was required and that each tenant received written instructions, and that a firefighter would probably push the window out and use the full opening. He said that he had recently put in new combination and storm windows. Ms. Shaff stated that the occupants' ability to escape quickly and easily was also a consideration. Mr. Schweich stated that the Section 8 inspector had been surprised that the windows had been cited by the fire inspector. Ms. Moermond stated that because the windows were so wide and the height was short by only two inches, she would recommend that a variance be granted. December 2, 2008 Property Code Minutes D�iG� Page 4 5. Appeal of Johnny Howard and Willie Folk to a Vacant Building Registration Notice and Fee for property at 642 Van Buren Avenue. Johnny Howard, property owner, appeazed. Mr. Yannarelly gave a staff report. He stated that the C of O was revoked and referred as a Category 2 Vacant Building based on a DSI-Fire recommendation, and that there was a four-point deficiency list from November 3, 2008. Ms. Shaff stated that she had had extensive communications with Mr. Howard. She said that she had taken the case over in August but that it had been going on since about April 2007. She said that requirements that were to have been met by the end of September had not been met and that there had been a misunderstanding as to the due date. Mr. Howard indicated that his financing had fallen through and that he had needed more time to vacate the tenants from the building. The City Attorney had granted an extension until the end of October to complete the required work or vacate the building and that the work had not been completed in that time. She had met with Mr. Howard on November 3 and found the building was unoccupied. At that time, he indicated he still hoped to complete the conections. She granted Mr. Howard a couple more weeks to complete the work. Ms. Moermond asked for a record of the arrangement between Mr. Howazd and the City Attorney. Ms. Vang obtained the record and stated that the City Attomey's office had dismissed the matter because the property had been vacated. Ms. Moermond stated that she would like a copy of the tag, and a record of the tag and the dismissal. Ms. Shaff stated that the property had been referred to Vacant Buildings on November 17 and that no permits had been pulled and no work had been done. Ms. Moermond asked Mr. Howard why he was appealing. Mr. Howard stated that the basement rooms would no longer be used as bedrooms because of egress issues, and that Ryan Plumbing had done the plumbing work on November 4 and had told Mr. Howard that the permit far the work had been applied for on November 3. He said that an electrician had done a walk-through of the property and prepared a report, but that no other electrical work was going to be done so no permit would be required. Ms. Moermond asked Mr. Howard whether he had a receipt from Ryan Plumbing. Mr. Howard said that he did not. Ms. Moermond asked who had done the electrical work under the sink and in the basement that had been cited for having been done without a permit. Mr. Howard stated that the disposal under the kitchen sink was not hooked up and that the cited work in the basement may have been done prior to his purchase of the property in 1999. He said that he was unaware of any electrical work having been done without a permit. Ms. Shaff stated that a Truth-in-Sale-of-Housing evaluation on May 3, 2005 indicated that some basement electrical fixtures were hazardous or met only minimum requirements. She asked how or when those items had been fixed. Mr. Howard responded that he wasn't sure what she was referring to. December 2, 2008 Properiy Code Minutes 0 9'a � Page 5 Ms. Moermond asked Mr. Howazd whether he was appealing the $1000 vacant building fee. Mr. Howard stated that he was appealing the vacant building status because there were no violations and the property should never have been referred to Vacant Buildings. Ms. Moermond stated that she would like to follow up with Ryan Plumbing and with the permit office. She stated that she would notify Mr. Howard of her decision and that the matter would be laid over for two weeks if Mr. Howazd desired an additional hearing. Ms. Moermond reviewed the record on December 18 and recommended granting the appeal contingent upon the building being occupied by January 16, 2009. o`1-a5 December 16, 2008 Property Code Minutes Staff report on 642 Van Buren Avenue Ms. Moermond stated that property owner Johnny Howard had stated in a previous hearing that he felt that the city was hounding him. She reviewed the property inspection and violation history for the previous yeaz. She said that a permit for work done by Ryan Plumbing and Heating on November 4, 2008 had been denied because the vacant building fees had not been paid, but that at that time the vacant building designation had been under appeal and the permit should not have been denied on those grounds. She said that under the circumstances she had no option but to grant the appeal, but that she would grant it contingent upon the building being occupied by January 16, 2009.