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09-1051Council File # Q �' Q� Green Sheet # 3079696 Presented RESOLUTION � CITY Q� SAINT„PAUL, MINNESOTA 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 2 September 1, 2009 decision of the Legislative Hearing Officer for Appeals to Letters of Certificate of 3 Occupancy Deficiency Lists for the following addresses: 4 5 Pronertv Appealed Appellant 6 7 1303 Fremont Avenue Louie Teppen, ofb/o DBI LLC 8 9 Decision: Deny the appeal and granting 60 days to bring the windows into compliance. 10 11 446 English Street Greg Mailand, Mailand Properties 12 13 Decision: Grant a 4-inch variance on the openable height of the bedroom egress windows throughout the 14 building 15 16 195 and 215 Dunlap Street South Angie Fleming, L& O Realty 17 18 Decision: Grant a 5.5-inch variance on the openable height of the bedroom egress windows throughout the 19 building at both addresses. 20 21 1048, 1050 and 1052 Lafond Avenue Robert Eggenberger 22 23 Decision: 1048 Lafond Avenue: deny the appeal and grant 60 days to bring the bedroom egress window 24 into compliance; 1050 Lafond Avenue: grant a 2.5-inch variance on the openable height of the bedroom 25 egress window; 1052 Lafond Avenue, rear bedroom: grant a 2.5-inch variance on the openable height of 26 the egress window; and 1052 Lafond Avenue, front bedroom: deny the appeal and grant 60 days to bring 27 the egress window into compliance. 28 29 1841 Laurel Avenue David Levine, Kona Holdings LLC 30 31 Decision: Grant a 3-inch variance on the openable width of the bedroom egress window in Unit 1. 32 33 501 Desnover Avenue Jay Olson 34 35 Decision: Grant a 4-inch variance on the openable height of the bedroom egress windows in both units. 36 37 522 Otis Avenue Jay Olson 38 39 Decision: Grant a 4-inch variance on the openable height of the bedroom egress windows in both units. 40 41 b�-/45 � 42 Bostrom Carter Hazris Helgen Yeas Requested by Deparhnent of: Thune Adopted by Council: Date Adoption Certified by Council Secretary BY� /J.i.vs�a/ Appxove ay : Dat � b Q By: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � )epartmenUOfFCelCOUnciL• � Dateinitiated: ; � co-�°°°��� �; ti5EP2009 ; Green Sheet NO: 3079696 Contact Person & Phone: Marcia Moermond Must Be on Council Agenda by (Date): Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: ConYact Phone: '; �1 ASSign Number I For a Routing I I Order 0 Council 1 CounN ��I DeparhnentDireMOr 2 CtiN Cierk i� L1N Clerk 3 � 4 li ' 5 I ��� ToWI # of S P _(Clip All Loc ation s for Signat Action Requested: Resolution approving the September 1, 2009 decision of the Legislarive Hearing Officer on Appeals of Letters of Deficiency for properties at: 1303 Fremont Avenue, 446 English Street, 195 and 215 Dunlap Street South, 1048, 1050 and 1052 Lafond Avenue, 1841 Laurel Avenue, 501 Desnoyer Avenue, and 552 Otis Avenue. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee � Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this persoNfirm ever worked under a contract for this depadment? Yes No 2. Has this person/frm ever been a city employee? Yes No 3 Does this person/firm possess a skill not normally possessed by any currenf city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, OppoRUnity (Who, What, When, Where, Why): AdvanWges lf Approved: Disadvantages If Approved: Disadvantages If Not Approved: ToWI Amount of Transaction: Funding Source: Financial Irrtormation: (F�cplain) CostlRevenue Budgeted: Activity Number: September'11, 2009 2:13 PM Page 1 � MIN UTES OF THE LEGISLATNE HEARING ON APPEALS OF LETTERS OF DEFICIENCY AND VACANT BUII,DING REGSTRATION NOTICE AND FEE Tuesday, September 1, 2009 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:50 p.m. STAFF PRESENT: Leanna Shaff, Depariment of Safety and Inspections (DSn — Fire Prevention; Dennis Senty, DSI — Code Enforcement; and Mai Vang, City Council Offices Appeal of Louie Teppen, on behalf of DBI LLC, to a Certificate of Occupancy Deficiency List for property at 1303 Fremont Avenue. Matt Mazanec (350 St. Peter Street, Suite 200, St. Paul 55102) appeared. Ms. Moermond confirmed with Mr. Mazanec that the windows were the only item being appealed. She asked what the openable width of the windows were. Mr. Mazanec responded that the openable dimensions of the windows were 17 inches high by 27 inches wide. He said the windows in question were in the second bedroom and that he did not have a problem replacing them. Ms. Moermond stated that for egress windows with an openable height of less than 18 inches she liked to see two extra inches in width far every inch in height shortfall. She recommended denying the appeal and granting 60 days to bring the windows into compliance. 2. Appeal of Greg Mailand, on behalf of Mailand Properties, to a Certificate of Occupancy Deficiency List for property at 446 En�lish Street. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 4- inch variance on the openable height of the bedroom egress windows throughout the building. The appellant was notified and did not appear. 3. Appeal of Angie Fleming, on behalf of L& O Realty, to a Certificate of Occupancy Deficiency List for property at 195 and 215 Dunlap Street South. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 5.5-inch variance on the openable height of the bedroom egress windows throughout the building at both addresses. The appellant was notified and did not appear. 4. Appeal of Robert Eggenberger to a Certificate of Occupancy Deficiency List, which includes Revocation, for property at 1048 1050 and 1052 Lafond Avenue. Appellant Robert Eggenberger (181 Charles Avenue, Red Wing, MN 55066) appeared. Ms. Moermond confirmed with Mr. Eggenberger that the egress windows at all three addresses were being appealed. September 1, 2009 Property Code Minutes �� v/Q 5� Page 2 Ms. Shaff gave a staff report. She stated that Inspector Imbertson had conducted an inspection for the Fire C of O and reported that the openable dimensions of the sleeping room egress windows in Unit 1048 were 17 inches high by 24 inches wide, in Unit 1050 were 21.5 inches high by 23 inches wide, and in Unit 1052 were 17.5 inches high by 20 inches wide in the front bedroom and 21.5 inches high by 23 inches wide in the rear bedroom. Ms. Moermond asked what kind of windows they were. Mr. Eggenberger said they were double hung windows and were in good repair and not more than five yeazs old. Ms. Moermond stated that she was fine with the windows that were 21.5 inches high by 23 inches wide, but was concerned about the windows measuring 17.5 inches high by 24 or 20 inches wide. She said she would be looking for at least a foot of extra width to accommodate for the 6.5 inch height shortfall. Ms. Shaff stated that she had some other concerns about the property. Ms. Moermond asked Mr. Eggenberger whether anything other than the windows was being appealed. Mr. Eggenberger said he was only appealing the windows. Ms. Shaff said the property was under revocation with a reinspection for that day. Mr. Eggenberger stated that he wasn't aware of that. Ms. Shaff noted that Mr. Eggenberger had submitted a copy of the revocation letter with the appeal. Ms. Moermond and Mr. Eggenberger reviewed copies of the revocation letters dated July 20 and August 14. Ms. Moermond stated that enforcement would be stayed because of the appeal and that she would grant one week for correcting all items other than the windows. Ms. Shaff asked if Mr. Eggenberger had documentation that Unit 1052 had been treated for bedbugs. Mr. Eggenberger said that the documentation had been faxed to Inspector Imbertson. Ms. Shaff asked whether the furnace had been inspected. Mr. Eggenberger said the fixrnace would be replaced by the end of the month. Ms. Moermond recommended the following for the egress window appeals: 1048 Lafond Avenue: Deny the appeal and grant 60 days to bring the bedroom egress window into compliance; 1050 Lafond Avenue: Grant a 2.5-inch variance on the openable height of the bedroom egress window; 1052 Lafond Avenue, rear bedroom: Grant a 2.5-inch variance on the openabie height of the egress window; 1052 Lafond Avenue, front bedroom: Deny the appeal and grant 60 days to bring the egress window into compliance. 5. Appeal of Dauid Levine, on behalf of Kona Holdings LLC, to a Certificate of Occupancy Deficiency List for property at 1841 Laurel Avenue. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 3- inch variance on the openable width of the bedroom egress window in Unit 1. The appellant was notified and did not appear. September 1, 2009 Property Code Minutes j�j _�Q�/ Page 3 / 8. Appeal of Jay Olson to a Certificate of Occupancy Deficiency List for property at 501 Desnover Avenue. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended �anting a 4- inch variance on the openable height of the bedroom egress windows in both units. The appellant was notified and did not appear. 9. Appeal of Jay Olson to a Certificate of Occupancy Deficiency List for property at 522 Otis Avenue. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 4- inch variance on the openable height of the bedroom egress windows in both units. The appellant was norified and did not appear.