09-1085Council File # ' - ����
Green Sheet # 3081776
RESOLUTION
CITY OF SAF,NT PAUL, MINNESOTA ��
Presented by
1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the
2 September 8, 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
7 908 and 910 Chazlotte Street Mohamud Warsame
8
9 Decision: Grant a 3.5-inch variance on the openable hei�t of the sleeping room egress windows in both
10 units.
11
12 1131 Ravmond Avenue Matt and Lisa Lang
13
14 Decision: Grant a 4-inch variance on the openable height of the sleeping room egress windows in Units 1,
15 2 and 3.
16
17 1247 Jessie Street Michael Leach, MKL Properties LLC
18
19 Decision: Grant a 5-inch variance on the openable height of the egress window in the second floor
20 bedroom.
21
22 1999 Mazshall Avenue Kenneth Roberts
23
24 Decision: Third floor bedroom: grant a 5-inch variance on the openable height of the egress window;
25 Second floor west bedroom: grant a 4-inch variance on the openable height of the egress window;
26 Second floor east bedroom: grant a 2-inch variance on the openable height of the egress window;
27 First floor bedroom: grant a 3-inch variance on the openable height of the egress window measuring 21
28 inches high by 31.25 inches wide and a 4.5-inch variance on the bedroom egress window measuring 19.5
29 inches high by 29 inches wide.
30
31 404 Banfil Street Uliano Properties Inc.
32
33 Decision: Grant 2.75-inch variance on the openeble height of the egress window in the south bedroom,
34 Unit 2. Deny the appeal on the egress window in the south bedroom, Unit 1 and grant an extension for 90
35 days to bring the window into compliance.
36
37 513-515 Winslow Avenue Tom Breen
38
39 Decision: Grant a 2.5-inch variances on the openable width of the egress windows in the first floor
40 northeast bedroom in Unit 513, the second floor northeast bedroom in Unit 513, and the second floor east
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4I bedroom in Unit 515. Deny the appeal on the other windows and grant an extension for 90 days to bring
42 the windows into compliance.
43
44 560 Seventh Street West Dan Christensen, Wulff Family Morivary
45
46 Decision: Grant the appeal on the door swing provided door signs are prominently posted inshucting
47 building occupants as to the swing of the door. The door swing must be brought into compliance if the
48 doors are removed or altered for any other reason.
49
50 971 Case Avenue Hillary and Ahti Hujanen
51
52 Decision: Grant a 4-inch variance on the openable height of the upstairs sleeping room egress window.
53
54 344 Universitv Avenue West
55
J.A. Willwerscheid & Son, o/b/o Twinco
56 Decision: Grant a variance on the door swing on the condition permanent signage is placed on the doors
57 indicating the direction of the opening of the door. Deny the appeal on the egress window and grant an
58 extension for 60 days to bring the window into compliance.
59
Requested by Deparhnent of:
Adopted by Council: Date �� ��- 0�Q�
Ado�,tien y o c1 Secretary
i
By:
Appro y 0 //'iv� �/ � � /.� L
By: —c�C,C(
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Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
Appzoved by the Office of Financial Services
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
I DepartmenU�ce/Council: ; Oate Initiated:
; CO-Council ; 25SEP2009 ! Green Sheet NO: 3081776
Confad person & Phone:
Marcia Moermond
Must Be on Council Agenda by (Date):
Doc. Type; �SOLUTION
E-Document Required: Y
Document Contact:
Contact Phone:
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: Assign
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Tofal # of Signature Pages _(Clip All Locations for Signature)
Department SentTOPerson
0 Conncil
1 'Council DeparhnentDirector
2 Clry Clerk i'� (,1N Clerk
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4 � I,
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Resolution approving the decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency for the following
properties: 908-910 Chazlotte St, 1131 Raymond Ave, 1247 Jessie St, 1999 Marshall Ave, 404 Banfil St, 513-515 Winslow Ave,
560 Seventh St W, 971 Case Ave, and 344 University Ave W.
Recommendations: Approve (A) or Reject (R):
Planning Commission
Cl8 Committee
Civil Service Commission
Personal Service Contracts Must Answer the Foilowing Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes PJo
2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person�rm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvantageslfApproved:
Disadvantages If Approved:
Disadvantages If Not Approvetl:
ToWi Amount of
Trensaction:
Funding Source:
Financial Information:
(Explain)
September 25, 2009 12:29 PM
CosURevenue Budgeted:
Activity Number:
Page 1
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MIN [.JTES OF THE LEGISLATNE HEEIRING
ON APPEALS OF LETTERS OF DEFICIENCY AND
VACANT BL7ILDING REGSTRATION NOTICE AND FEE
Tuesday, September 8, 2009
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legislarive Hearing Officer
The hearing was called to order at 1:40 p.m.
STAFF PRESENT: Leanna Shaff, Department of Safety and Inspections (DSI) — Fire Prevention;
and Mai Vang, City Council Offices
Appeal of Mohamud Wazsame to a Certificate of Occupancy Deficiency List for property at
908 and 910 Charlotte Street.
Appellant Mohamud Warsame (Box 56, Hopkins, MN 55343) appeared.
Ms. Moermond confirmed with Mr. Warsame that the window dimensions were the only thing
being appealed.
Ms. Moermond said that the extra width of the egress windows more than made up for the shortfall
in height; she recommended granting a 3.5-inch variance on the openable height of the sleeping
room egress windows in both units.
2. Appeal of Matt and Lisa Lang to a Certificate of Occupancy Deficiency List for property at
1131 Raymond Avenue.
Ms. Moermond reviewed the inspectar's report prior to the hearing and recommended granting a 4-
inch variance on the openable height of the sleeping room egress windows in Units 1, 2 and 3. The
appellant was notified and did not appear.
3. Appeal of Michael Leach, on behalf of MKI, Properties LLC, to a Certificate of Occupancy
Deficiency List for property at 1247 Jessie Street.
Ms. Moermond reviewed the inspector's report prior to the hearing and recommended granting a 5-
inch variance on the openable height of the egress window in the second floar bedroom. The
appellant was notified and did not appear.
4. Appeal of Kenneth Roberts to a Certificate of Occupancy Deficiency List for property at
1999 Marshall Avenue.
Appellant Ken Roberts (1899 Marshall Avenue, St. Pau155104) appeared.
Ms. Shaff gave a staff report. She stated that she had conducted an inspection for the Fire C of O on
August 24 and found that the openable dimensions of the sleeping room egress window on the third
floor were 19 inches high by 29 inches wide, in the second floor west room were 20 inches high by
28.5 inches wide and in the second floor east room were 22 inches high by 27.25 inches wide. All
other windows either had blocked access or were sticking and openable to only a few inches.
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September 8, 2009 Property Code Minutes Page 2
Mr. Roberts stated that all windows had been repaired to open to their full height and obstructions
had been removed. He said the openable dimensions of the windows that had not been accessed
were 21 inches high by 31.25 inches wide, 27.75 inches high by 32.75 inches wide, and 19.5 inches
high by 29 inches wide.
Ms. Moermond recommended granting the following:
Third floor bedroom: 5-inch variance on the openable height of the egress window;
Second floor west bedroom: 4-inch variance on the openable height of the egress window;
Second floor east bedroom: 2-inch variance on the openable height of the egress window;
First floor bedroom: 3-inch variance on the openable height of the egress window measuring 21
inches high by 31.25 inches wide and a 4.5-inch variance on the bedroom egress window measuring
19.5 inches high by 29 inches wide.
Appeal of Uliano Properties Inc. to a Certificate of Occupancy Deficiency List for property
at 404 Banfil Street.
Appellant Vincent Uliano (986 Dale Street, St. Pau155117) appeared.
Ms. 5haff gave a staff report. She stated that Inspector Neis had conducted an inspection for the
Fire Certificate of Occupancy on July 20 and reported that the openable dimensions of the egress
window in the south bedroom of Unit 1 were 18 inches high by 23 inches wide, and in the south
bedroom of Unit 2 were 21.25 inches high by 7 inches wide.
Mr. Uliano said that the 7-inch width was a typo and that Inspector Neis had said he'd correct it on
Amanda. Ms. Shaff was unable to access Amanda to verify that; she said she would confirm it with
the inspector.
Ms. Moermond recommended granting a 3-inch variance on the openable height of the egress
window in the south bedroom in Unit 2, provided the inspector confirms that the 7-inch openable
width given in the orders is a typo and the actual openable width is 27 inches. She reconunended
denying the appeal on the egress window in the south bedroom in Unit 1 and granting an extension
for 90 days to bring the window into compliance.
On September 9, 2009, the inspectar contacted Ms. Vang indicating that the conect width of the
window in the south bedroom, Unit 2 was 27 inches. Ms. Moermond recommended granting 2.75-
inch variance on the openeble height of the egress window in the south bedroom, Unit 2.
6. Appeal of Tom Breen to a Certificate of Occupancy Deficiency List for property at 513-515
Winslow Avenue
Appellant Tom Breen (9637 Anderson Lakes Parkway, Eden Prairie, MN 55344) appeared.
Ms. Moermond noted that there was a wide array of window dimensions in the orders. Mr. Breen
stated that the property was a duplex with four bedrooms in each unit and a window in each
bedroom. He said the windows had removable sashes that added 1.5 inches to each width
measurement.
September 8, 2009 Property Code Minutes
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Page 3
Ms. Moermond asked whether the windows were sliders. Mr. Breen said that they were.
Ms. Shaff gave a staff report. She stated that Inspector Westenhofer had conducted an inspection
for the Fire C of O on August 25 and reported that the openable dimensions of the egress windows
were as follows:
Unit 513, first floor northeast bedroom window: 57 inches high by 17.5 inches wide;
Unit 513, second floor northeast bedroom small window: 45 inches high by 11.5 inches wide;
Unit 513, second floor northeast bedroom large window: 57 inches high by 17.5 inches wide;
Unit 513, second floor northwest middle bedroom window: 57 inches high by 14.25 inches wide;
Unit 513, second floor northeast middle bedroom window: 57 inches high by 14.5 inches wide;
Unit 513, second floor west bedroom window: 57 inches high by 11.25 inches wide;
Unit 515, second floor east small bedroom window: 46.25 inches high by 11.25 inches wide;
Unit 515, second floor east lazge bedroom window: 56.75 inches high by 17.5 inches wide;
Unit 515, second floar southeast middle bedroom window: 56.75 inches high by 14.25 inches wide;
Unit 515, second floor southwest middle bedroom window: 56.75 inches high by 14.5 inches wide;
Unit 515, second floar west bedroom window: 44.5 inches high by 11.25 inches wide.
Ms. Shaff noted that, according to the appeal form, the windows were less than two years old, but
said she didn't see a record of a permit for the work.
Mr. Breen said the window contractor that had started the work had gone out of business and he had
a handyman finish the job.
Ms. Shaff noted that the property history showed a number of exterior sanitation orders in 2009.
Ms. Moermond asked Mr. Breen how long he owned the property. Mr. Breen stated that his mother
o�vned the property, he managed it, and had owned it since 1996. He said they been hying to
improve it over the years.
Ms. Moermond asked what improvements had been made. Mr. Breen responded that they had
replaced the roof, siding, windows and insulation; had completed an electrical upgrade and taken
care of general maintenance.
Ms. Moermond said she didn't see a permit for electrical work. Ms. Shaff stated that there was no
permit for the siding either. Ms. Moermond stated that what she did see were a lot of maintenance
issues and complaints with the property. Mr. Breen said that issues were taken care of right away.
Ms. Moermond asked Mr. Breen how often he went by the property. Mr. Breen responded that he
went by once a month. Ms. Moermond told him that he needed to increase that. Mr. Breen said
that it was in the lease agreement and part of the tenants' responsibility to take care of things like
trash and snow removal, and that when he became aware of problems, he took care of them right
away. Ms. Moermond stated that the private contractual relationship with the tenants did not
change the fact that he was ultimately the responsibie party.
Ms. Moermond recommended granting 2.5-inch variances on the openable width of the egress
windows in the first floor northeast bedroom in Unit 513, the second floor northeast bedroom in
Unit 513, and the second floor east bedroom in Unit 515. She recommended denying the appeal on
the other windows and granted an extension for 90 days to bring the windows into compliance.
September 8, 2009 Property Code Minutes
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Page 4
7. Appeal of Dan Christensen, on behalf of Wulff Family Morivary, to a Certificate of
Occupancy Deficiency List for property at 560 Seventh Street West.
Appellant Dan Christensen (1485 White Beaz Avenue, St. Paul, MN 55106) appeared and provided
photographs.
Ms. Shaff gave a staff report. She stated that Inspector Skow-Fiske had conducted an inspection for
the Fire C of O on August 11 and reported that the door swing was not in the direction of egress as
required for a building with an assembly occupancy.
Ms. Moermond asked whether the door swing was the only issue being appealed. Mr. Christensen
stated that is was.
Ms. Moermond reviewed the photographs provided by Mr. Christensen. Mr. Christensen stated that
the building was built in the 1930s, and changing the swing of the front door would require
changing the door completely. He said that all of the doors except far the one main door had the
correct swing. He stated that changing the swing would be expensive and would change the
structure of the building.
Ms. Shaff also reviewed the photos. She said that door swing changes had been ordered for other
older buildings and that the code was specific and had been in place for awhile.
Ms. Moermond asked Mr. Christensen whether he was willing to install prominent "Pull to Open"
signs on the egress door. Mr. Christensen said he would.
Ms. Moermond recommended granting the appeal on the door swing provided door si�s are
prominently posted instructing building occupants as to the swing of the doar. The door swing must
be brought into compliance if the doors are removed or altered for any other reason.
9. Appeal of Hillary and Ahti Hujanen to a Certificate of Occupancy Deficiency List for
property at 971 Case Avenue.
Appellants Hillary and Ahti Hujanen (4545 43rd Street N., Oakdale, MN 55128) appeared.
Ms. Shaff gave a staff report. She stated that Inspector Thomas had conducted an inspection for the
Fire C of O on August 18 and reported that the openable dimensions of the upstairs sleeping room
egress windows were 20 inches high by 26 inches wide. She said she was also concerned about
access to the egress windows and about possible over-occupancy.
Mr. Hujanen stated that the tenant had guests at the time the inspector was there and there were only
two people on the lease. He said that moving the dresser away from the window was not a problem.
Ms. Moermond recommended granting a 4-inch variance on the openable height of the upstairs
sleeping room egress window.
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September 8, 2009 Property Code Minutes Page 5
8. Appeal of J.A. Willwerscheid & Son, on behalf of Twinco, to a Certificate of Occupancy
Deficiency List for property at 344 Universitv Avenue West.
Appellant Stephen Willwerscheid (1167 Grand Avenue, St. Paul, MN 55105) appeared.
Ms. Shaff gave a staff report. She stated that Inspector Skow-Fiske had conducted an inspection for
the Fire C of O on August 3 and reported that the egress door swing was inconect and the openable
dimensions of the double hung egress window in the residence bedroom were 15 inches high by 27
inches wide.
Ms. Moermond asked whether there were stops at the top of the window. Mr. Willwerscheid said
they were old aluminum windows. Ms. Shaff said the aluminum window would not have stops.
Mr. Willwerscheid stated that the double-hung window was large and would be broken out in the
case of an emergency. Ae said the building had been designed and built in 1935 as a funeral home
with a residence upstairs and asked why the window was an issue now. He said that changing the
door swing would cost $5,000 and that if the one egress window had to be changed, the other
upstairs windows would also have to be changed to maintain consistency in the appearance of the
building. Ms. 5haff stated that the fact that it hadn't been called in the past didn't make it
acceptable now, and that the window issue was being enforced from the fire code.
Mr. Willwerscheid stated that a burden was being placed upon owners of small businesses in old
buildings. He said that the size of the cement pad outside the door did not allow enough space for
the door to swing outward and that if they changed the door, the pad would be cited next.
Ms. Moermond requested photographs of the doors and window being appealed. She said she
would be looking for an additional inch or two on the window height.
Continued to September 22. Mr. Willwerscheid will provide photographs for review. At the
hearing on September 22, Ms. Moermond recommended granting a variance on the door swing on
the condition permanent signage is placed on the doors indicating the direction of the opening of the
door. She recommended denying the appeal on the egess window and granting an extension for 60
days to bring the window into compliance.