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09-1148Council File # ��— � 1 � g Green Sheet# 3083501 Presented by RESOLUTION CITY OF SAiN��AU�L,_� INNESOTA %7 1� 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heard at public hearing on October 7, 2009 hereby memorializes its decision 3 to certify and approve the August 25, 2009 decision of the Legislative Heazing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 304 Snelline Avenue North Mark Arth 9 10 Decision: Appeal denied. Requested by Department of: Adopted by Council: Date �l�a/�(✓� Adoption Cert by Coun ' Secretary By: / � Approv by ay � Date � �� � ° J By: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: � OG-�Iyg� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenUOf£celCouncil: Date InRiated: co-�°°"°;' osoc-r2oos Green Sheet NO: 3083501 w� Contact Person 8 Phone: DepaRment Sent To Person InitiallDate Marcia Moertnond y a O°°� � 6-8570 1 ounN De artmeut D'uector �� 2 ' Clerk CS Clerk 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 Contact Phone: 6-8563 Total # oF Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken October 7, 2009 denying the appeal for property a[ 304 Snelling Avenue North. Recommendaiions: Approve (A) or Reject (R): Personal5ervice Contrects Must Answer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contract for this department? CIB CommiHee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm 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 (INho, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: � Total Amount of CostlRevenue Bud eted: Trensaction: 9 Funding Source: Activity Number: Financial Information: (Explain) October 9, 2009 2:00 PM Page 1 t° �.r>o. U� �° ;��'���m x CITY OF SAINT PAUL �� � ` CITY CLERK'S OFFICE August 12, 2009 Mark Arth 319 Ramsey Street St. Paul, MN 55102 RE: 304 Snelling Ave N Dear Mr. Arth: Your application for an appeal has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Tuesday, August 25, 2009 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officerwill hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, ..� ;���Z�f � �-� f-- Shari Moore City Clerk cc: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOIJLEVARD, SUIT"E 310 SAINT PAU4 MINNESOTA55102 Tel: 651-266-8688 Fax: 651-266-8574 wwwstpaul.gov M Affirmatrve Action Equal Opportuniry Employer �G-1\�-1� APPLICATION FOR APP�AL��C�� Saint Paul City Clerk AUG 1 7 15 W. Kellogg Blvd., 310 City Hall 2Q09 Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 CtTY CLERK l. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of Letter Appealed: �3�y 5.,,�e�l�,�.� ��.N c� tie, �-3—�� 4. Name of Owner: � � !� � ��'r �' Address:3l� ���'� 5� i City: �'�'� �''�'Lc�t State: �� Zi .S� � 6 S"7 — 222 — 3`2 G� f 6(�( — Z Z? —S'��r`Z _� � Phone Numbers: Business Residence Cellulaz a Signature: �_C�A�. —�`,Y� 5. AppellanY / ApplicanY (if other than owner): - Address: City: State: Zip: Phone Numbers: Business Residence Cellulaz Signature: 6 State specifically what is being appealed and why (Use an attachment if necessazy): ( s � � �-'��'� NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accompany this application as a necessary condirion for filing. You must attach a copy of the original orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judicia] review by timely filing of an action as provided by law in District Court. For Office Use Only Date Received: Fee Received: Receipt Number: Date of Hearing: �/�l � �5 pd. R �,s�a aizsizoo� C��l #1. [The escape window]. The structure in question has one small apartment over Seattle Sutton on the second floor (306 N. Snelling) which rents for $400 per month. The building is probably close to 100 yeazs old and is a structure which projects a lot of character with some art deco features which probably date back to the 1920s. I have owned the huilding since 1992 and up until appro�mately 2000 it had another building attached to it and shared a common wall on the North side of the building with the building which no longer e�sts. To my knowledge that existing apartment has always been there and there has never been any windows on the North side of the building since the other building was always built right next to the e�sting building. Now since the other building has been torn down the City's request that holes be knocked in the second floor of a sh that is this old would surely do massive structural damage to the building because of its advanced age and serve no benefit to the existing tenant who would prefer to not have a window there. Since this structure has lasted for the past 50 or 60 years without any window there without any problems the cost of lrnocking holes in the walls of a 100 year old building and the high risk of structural damage and high cost to provide one $400 dollar a month apartment with a window which it does not want is totally unnecessary and clearly excessively costly and structurally dangerous. CITY OF SAINT PAUL Chnstopher B. Coleman, Mayor August 3, 2009 MARK ARTH 319 RAMSEY ST ST PAUL MN 55102 DEPARTMENT OF SAFETY AND INSPECTIONS O C� —� \ y� Fire Inspection Div�swn Bob Kessler, Director 375 Jackson Streee, Suite 220 Telephone: 651-266-8989 Sainl Paul, Mmnesom 55101-7806 Facsimile� 651-266-8951 Web w stoav( ¢av/dsi RE: FiRE CERTTFICATE OF OCCUPANCY WITH DEFICIENCIES 304 SNELLING AVEN Re£ # 11408 Dear Property Representative: Your building was inspected on July 2, 2009 for the renewal of your Fire Certificate of Occupancy. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be corrected immediately. A re-inspection will be made on September 10, 2009 at 10:15 AM. Failure to comply may result in a criminal citation or the revocation of tlte Fire Certificate of Occupancy. The Saiut Paul Legislative Code requires that no building shall be occupied without a Certificate of Occupancy. The code also provides for the assessment of additional re-inspection fees. YOU WILL BE RE5PONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFICTENCIES ARE THEIR RESPONSIBILITY. DEFICIENCY LIST 1. APARTMENTS - MSFC10261 - Provide and maintain an approved escape window from each sleeping room. The minimum size must be 5 square feet of glazed area with a minimutn of 24 inches of open able height and 20 inches of open able width. With a finished sill height not more than 48 inches. Refer to provide handout EW-I for more iuformation.-Windows are stationary windows can not open. 2. DOUBLE KEY DEADBOLTS - MSFC 1003.31.8 - Remove unapproved locks from the exit doors. The door must be open able from the inside wifliout the use of keys or special knowledge or effort.-Remove double key deadbolts from both residential units. 3. ELECTRICAL PANELS - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring.-Remove extension cord. Tlie power strip must plug directly into a wal l outlet and not into an extension cord. 4. EXIT SIGNS - MSFC 10103 - Provide and maintain approved externa] or internal lightii�g of the exit sign.-Replace burnt out bulbs and or batteries in exit signs throughout building. An Equal Opportunity Employer v�-��y� 5. FIRE ALARM - MSFC 907.20 as amended - Provide required annual maintenance of the fire alarm system by a qualified person and provide written documentation to this office as proof of compliance: Provide documentation of test. 6. FIRE EXTINGUISHERS - MSFC 401.6 - Provide required annuat maintenance of the fire extinguishers by a qualified person and tag the fire extinguishexs with the date of service. KEYBOX - MSFC 5�6.1 - Instatl a keybox per attached K-1 handout. 8. SEATTLE SUTTON - MSFC 1010.1, 10033.1.8 - Post a sign stating'THIS DOOR MUST REMAIN iJNLOCKED WHEN BL7ILDING IS OCCUPIED' at main exits with interior key locks. The minimum stroke of Uie letter must be 1 inch with a contrasting backa ound.-Provide the sign on the front door or change the lock to a thumb lock. 9. SEATTLE SUTTON - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner. 10. SEATTLE SUTTON - NEC 440.13 - For cord-connected equipment such as cooler and freezers a separable connector or an attachment plug and receptacle shall be permitted to serve as tlie disconnecting means. The appliance must plug directly into a permanent outlet.-Unapproved method of wiring on freezer. Contact a licensed electrician to bring to code. Work requires a permit. 1 I. SIDE ENTRANCES - MSFC 10033.1.8 - Remove unapproved locks from the esit doors. The door must be open able from the inside without the use of keys or special knowledge or effort.- Replace the double key deadbolts with a thumb lock. 12. TRAINNING KOOM - SPLC 34.10 (7}, 3433 (6) - Repair and maintain the ceiling in an approved manner.-Repair ceiling tile in room off of training xoom. 13. SPLC 34.1 1(6), 3434 (3) - Provide service of heating faciliry by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Buming Equipment Safety Test Report to this office. You have the right to appeal these orders to the Legislative Heazing Officer. Applications for appeals may be obtained at the Office of the City Clerk, 310 City Hall, City/County Courthouse, IS W Kellogg Blvd, Saint �aul MN �5102. Phone: (651-266-8688) and must be filed within 10 days of the date of the original orders. If you l�ave any questions, call me at 651-266-8949 between 7:30 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerety, Kris Skow-Fiske Fire Inspector Emai1 Address: Kris.Skow-Fiske@ci.stpaul.mn.us Reference Number 11408 August 25, 2009 Properiy Code Minutes Page 5 C�-, \ Ll �S Appeal of Mark Arth to a Certificate of Occupancy Deficiency List for property at 304 Snelline Avenue North. Appellant Mark Arth (319 Ramsey Street, St. Pau155102) appeared. Ms. Moermond requested a staff report. Ms. Shaff stated that Inspector Skow-Fiske had conducted an inspection for the Fire C of O on July 2 and reported that the sleeping room egress windows in the apartments above the commercial units were stationary; did not open. She said the building did not have a sprinkler system. Ms. Moermond read from Mr. Arth's appeal which stated that it was an old building and had always been that way. She asked Mr. Arth whether he had gotten an estimate for making the conection. Mr. Arth said that he had not. He read his appeal letter and stated that the building had passed previous C of O inspecrions. Ms. Moermond asked what the use of the building had been historically. Mr. Arth said the original use had been manufacturing, but that one side had always been an aparhnent above retail. Ms. Moermond stated that there had to be an egress window. Ms. Shaff stated that another option would be to install a sprinkler system. Mr. Arth said that would be very expensive for one $400 aparhnent. Ms. Moermond stated that the sleeping room had to have a window that opened. Mr. Arth said the sleeping room had no windows at all. He said the fixed windows were at the front of the buildings and the bedroom had only a brick wall and a door out the back. Ms. Moermond asked for a clarification of the layout of the apartment. Ms. Shaff confirmed with Mr. Arth that the back door led out through the garage. Mr. Arth stated that the building had passed a lot of inspections and had probably been that way since the 1940s if not earlier. He said it should be grandfathered in. Ms. Moermond said that many things could be grandfathered but egress for fire could not be. Mr. Arth asked how old the code was. Ms. Moermond confirmed with Ms. Shaff that the code was from 1979. Mr. Arth said the situation had existed since before that time. Ms. Moermond said the safety code applied regardless. Ms. Shaff stated that the other piece was the policy from the Deparhnent of Safety and Inspections where the Fire Marshai had deemed it to be a dangerous condition. Ms. Moermond recommended denying the appeal and said he could appear before the City Council for a public hearing on October 7. Mr. Arth stated that in the meantime, he would explore other options.