09-1148Council File # ��— � 1 � g
Green Sheet# 3083501
Presented by
RESOLUTION
CITY OF SAiN��AU�L,_� INNESOTA
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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
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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
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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
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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�
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#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
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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.