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09-1084Council File # ��-�- `U�y Green Sheet # 3081816 CITY AF RESOLUTION 4j�VT PAUL, MINNESOTA �� Presented by 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 2 September 15, 2009 decision of the Legislative Hearing Officer for Appeals to Letters of Certificate of 3 Occupancy Deficiency Lists for the following addresses: 4 5 Propertv Appealed Appellant 6 7 612 Marvland Avenue East Globe General Contracting, o/b/o Rory Bluhm 8 9 Decision: Grant a 2-inch variance on the openable width of the second floor west bedroom egress window. 10 11 1430 Taylor Avenue Andrew Schultz 12 13 Decision: Grant a 4.5-inch variance on the openable height of the second floor bedroom egress window. 14 15 221 Ma�land Avenue West Ronald and Kaye Prokosch 16 17 Decision: Grant a 3.25-inch variance on the openable height of the bedroom egress windows. 18 19 1755 Selby Avenue Craig Miller 20 21 Decision: Grant a 4-inch variance on the openable height of the bedroom egress windows. 22 23 840 Marion Street Jeff DeLisle, Del Co Limited Partnership 24 25 Decision: Grant the appeal on the egress windows in the first floor and larger, second floor bedrooms and 26 grant a 0.75-inch variance on the openable width of the egress window in the smaller, second floor 27 bedroom. 28 29 744 Randolnh Avenue Callan Crawford 30 31 Decision: Grant a 3.5-inch variance on the openable width of the third floor bedroom egress windows. 32 33 637-649 and 651-663 Selby Avenue Heather Matias 34 35 Decision: Grant a 1.5-inch variance on the openable height of the bedroom egress windows throughout the 36 buildings at both properties. 37 38 170 Maria Avenue 39 Deloris Elander, Northwestern Alano Society 40 Decision: Deny the appeal and grant an extension to December 31, 2009 to bring the window into 41 compliance. U4 - ta�'sL( 42 560 White Beaz Avenue 43 44 Decision: Grant the appeal. 45 46 June Zimmer Requested by Depariment of: Adopted by CoimcIl: Date �O ( �' � (°j� Adopt'�6Crtifie by C und eczetazy By: Appro 'e y� a r: Date � t ' l,3 � By: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services � �-�-10��( � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ' � Council � co - 25SEP2009 ; Green Sheet NO: 3081816 Coniact Person & Phone: Marcia Moermond ; Must Be on Council Agenda by (Date): ( T RESOLUTION E-Document Required: Y Document Confact: Contact Phone: � �I 0 Gouncil� '��� i 1 iCouncil h DeparhnentDirector , ��9� ' 2 Citr Clerk ' Ciiv C1erk 1 Number j 3 � ,� For � Routing � 4 'I I Order I 5 i 1� Total # of Signature Pages _(Ctip All Locations for Signature) Action Requestetl: Resolution approving the decisions of the Legislative Aearing Officer on Appeals of I.etters of Deficiency for properties at: 612 Maryland Ave E, 1430 Taylor Ave, 221 Maryland Ave W, 1627 Shields Ave, 1755 Selby Ave, 840 Marion St, 744 Randolph Ave, 637-649 and 651-663 Selby Ave, 190 Maria Ave, and 560 Wlilte Bear Ave. RecommendaGons: Approve (A) or Reject (R): Planning Commission CIB Committee _ Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this persoNfirtn ever worked under a coniract 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 separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advan Wges If Approved: DisadvanWges If Approved: Disadvantages If Not Apprwed: Total Amount of Transaction: Funding Source: Financial Information: (Explafn) September 25, 2009 2:29 PM CostlRevenue Budgeted: Activify Number. Page 1 � J�- ;��� MINUTES OF THE LEGISLATIVE HEARING ON APPEALS OF LETTERS OF DEFICIENCY AND VACANT BUILDING REGISTRATION NOTICE AND FEE Tuesday, September 15, 2009 Room 330 City Hall, 15 Kello�g Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:35 p.m. STAFF PRESENT: Matt Dornfeld, Department of Safety and Inspections (DSI) — Code Enforcement; Dennis Senty, DSI — Code Enforcement; Leanna Shaff, DSI - Fire; and Mai Vang, City Council Offices 1. Appeal of Globe General Contracting, on behalf of Rory Bluhm, to a Certificate of Occupancy Deficiency List for property at 612 Marvland Avenue East. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 2- inch variance on the openable width of the second floor west bedroom egress window. The appellant was notified and did not appear. 2. Appeal of Andrew Schultz to a Certificate of Occupancy Deficiency List for property at 1430 Tavlor Avenue. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 4.5-inch variance on the openable height of the second floor bedroom egress window. The appellant was notified and did not appear. 3. Appeal of Ronald and Kaye Prokosch to a Certificate of Occupancy Deficiency List for property at 221 Marvland Avenue West. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 3.25-inch variance on the openable height of the bedroom egress windows. The appellant was notified and did not appear. 4. Appeal of Elary Hall to a Certificate of Occupancy Deficiency List for property at 1627 Shields 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 egress window in Bedroom 1. The appellant was notified and did not appear. 5. Appeal of Craig Miller to a Certificate of Occupancy Deficiency List for property at 1755 Selby 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. The appellant was notified and did not appear. ��- �c� September 15, 2004 Properiy Code Minutes Page 2 6. Appeal of Del Co L'united Partnership to a Certificate of Occupancy Deficiency List for property at 840 Marion Street. (rescheduled from Sept. 8) Appellant Jeff DeLisle (P.O. Box 17122, St. Paul, MN 55117) appeared. Ms. Shaff gave a staff report. She stated that Inspector Cnmm;ngs had inspected for the Fire C of O and had cited the egress windows in all bedrooms. Ms. Shaff refened to an e-mail she received from Inspector Cnmmings which gave openable dimensions of 25 inches high by 21.25 inches wide for the egress window in the first floor bedroom, 34.5 inches high by 23 3/8 inches wide in the lazger second floor bedroom, and 25.5 inches high by 19.25 inches wide in the smaller second floor bedroom. She said the first floor and larger second floor bedrooms each had just one window and they were blocked by an air conditioner in both cases. The second floor smaller bedroom had two windows but both were blocked, one by an air conditioner and by a dresser. Ms. Shaff noted that the only width deficiency was in the second floor smaller bedroom. Ms. Moermond asked Ms. Shaff whether the department was withdrawing or amending its order. Ms. Shaff said that the order was not being withdrawn but should be amended. Ms. Moermond recommended granting the appeal on the egress windows in the first floar and larger second floor bedrooms and granting a 0.75-inch variance on the openable width of the egress window in the smaller second floor bedroom. She confirmed with Mr. DeLisle that he understood the air conditioner and dresser issues which would need to be addressed before the re-inspection. 7. Appeal of Callan Crawford to a Certificate of Occupancy Deficiency List for property at 744 Randolph Avenue. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 3.5-inch variance on the openable width of the third floor bedroom egress windows. The appellant was notified and did not appear. Appeal of Heather Matias to a Certificate of Occupancy Deficiency List for properties at 637-649 and 651-663 Selbv Avenue. Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 1.5-inch variance on the openable height of the bedroom egress windows throughout the buildings at both properties. The appellant was notified and did not appear. 9. Appeal of Deloris Elander, on behalf of Northwestern Alano Society, to a Certificate of Occupancy Deficiency List for property at 170 Maria Avenue. Appellant Deloris Elander and Maynard Soderquist (both 170 Maria Avenue, St. Paul, MN 55106) appeazed. Ms. Shaff gave a staff report. She stated that Inspector McCabe had conducted an inspection far the Fire C of O on August 26 and reported that the double hung egress windows in the unit had openable dimensions of 13 inches high by 24 inches wide. September 15, 2009 Property Code Minutes C�- �c� Page 3 Ms. Moermond asked the appellants what they were looking for in the appeal. Mr. Soderquist stated that what was being asked to do was impossible. He provided photographs and said the top of the window was against the soffit and the window sill rested on the roof. He and Ms. Moermond reviewed the photographs of the window and of the fire escape. Ms. Elander stated that it was a very small unit. Ms. Moermond asked where in the unit the fire escape was located; she also asked if it was a studio or one bedroom aparhnent. Mr. Soderquist responded that it was a studio unit and the fire escape was in the hallway. Ms. Moermond requested a diagram. Ms. Moermond and Mr. Soderquist reviewed the diagram of the layout of the apartment and the access to the fire escape. Ms. Moermond stated that one of the windows would need to be replaced with a casement or other type window that would give at least 24 inches in openable height and 20 inches in openable width. She denied the appeal and granted an extension to December 31, 2009 to bring the window into compliance. 11. Appeal of June Zimmer on a request to be excluded from the Certificate of Occupancy Program for property at 560 White Beaz Avenue. The appellanYs sons, Dan Zimmer (565 Esther Lane, Woodbury, MN 55125) and David Zimmer (109 25 Street N.W., Minot, ND 58703), appeared on her behalf. Ms. Moermond requested a staff report. Ms. Shaff stated that the appellant did not feel the property should be part of the Fire C of O Program. Ms. Moermond referred to the written appeal and confirmed that the property title had been transferred from June Zimmer to her sons in 1992. She asked whether Ms. Zimmer had been the resident at the property since that time. Mr. Zimmer responded that his mother had lived in the house since 1955 when it was built. Ms. Moermond stated that the situation was the equivalent of owner-occupancy; therefore, she recommended granting the appeal.