Loading...
09-1149Council File # ✓ � Green Sheet # 3083500 Presented by r�rv RESOLUTION SAINT PAUL, MINNESOTA t� 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 September 1, 2009 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRESS 7 8 834-836 Beech Street 9 APELLANT Daniel Niezgocki 10 Decision: Appeal denied for 834 Beech and extension granted to December 31, 2009 to come into 11 compliance; appeal denied for 836 Beech Street, Units A and B. 12 Carter Bostrom Stark Thune Yeas � Nay� nt II Requested by Department of: ✓ / ✓ Adopted by Council: Date � Adoption Certified by Cou�cil ecretary By: � Approvec�b a oc ate �� J� BY� � :./v� ��'�L�—�`�-'c._ � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � i Departmend�cefCOUncii: �, Date Initiated: I �� �// /' I �o-��u^�� o9o�T2oo9 G re e n Sh NO: 3 � ConWct Person & Phone: ' � Deuartment Sent To Person Marcia Moertnond � y �� o CouncIl � ' '� G8570 , i I Council DeoartmentDirector � Assign , Z C}tv Cierk GSry Clerk ; Must Be on Councii Agenda by (Date): I, Number , 3 I For �' Routing � 4 � ,� i ; Doa Type: RESOLUTION �,� Order I 5�, ; i � � j l E-Document Required: Y ' ' f � Document Contact: Mai Vang � I ContactPhone: 6-8563 i Totai # of Signature Pages _(Clip All �ocations for Signature) Resolution memorializing City Council acrion taken October 7, 2009 denying the appeal and gran6ng an extension for property at 834 and 836 Beech 5treet, Units A and B. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this departmenC? Yes No 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 sh¢et and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: DisadvanWges If Not Approved: Totai Amount of Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: October 14, 2009 10:52 AM Page 1 .�� � s i ��p1II1111� o „�� �� 0 August 12, 2009 Daniel Niezgocki 2076 English Street St. Paul, MN 55109 �3� RE: 834� Beech St. Dear Mr. Niezgocki: CITY OF SAINT PAUL CIT'I' CLERK'S OFFICE Your application for an appeal has been received and processed. Hearing O�cer on Tuesday, � ��s, 2009 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At thattime the Legislative Hearing Officerwill hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Please attend the public hearing before the Legislative b 1 -�I �� Sincerely, .,�,���� Shari Moore City Clerk cc: �� Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 4VEST KELLOGG BOiJLEVARD, SUTTE 310 SAINT PAU4 MINNESOTA55102 Tel: 651-2668688 Fax: 651-266-8574 �vww.stpaul.gov M Affirmative Action Equal Opportunity Employer APPLICATION FOR APPEAL Saint Paul Ciry Clerk 15 W. Kellogg Blvd., 310 Ciry Hall Saint Paul, Minnesota 55102 Telephone:(651)266-8688 . � - . • - �;:it._��1.� � � � - � , �.. � Phone � 5. Appellant / Applicant (if other than owner): b y-/l �'l q � E �Fj�, Fo er1y���R�o✓ K � q ,State: �Zip:��} ! Address: City: Phone Numbers: Business Residence ��C'OZ'3� Cellular Cellulu 6 State specifically what is being appealed and why (Use an attachment if necessary): � 1 NOTE: A$25.00 filing fee made payable to the Ciry of Saim Paul must accompany this applicauon as a necessary condirion for filing. You must attach a copy of the original orders and any other correspondence relative to tYus appeal. Any person unsatisfied by tUe final decision of the City Council may obtain judicial review by timely filing of an action as provided by law in I}istrict Court. Date Received: Revised Fee Received: 2� V Date of Hearing: � � 1= DEPARTMENT OFSAFETY ANDINSPECT70NS Fire inspxtion A���s�an Bob Kersler. Director CITY OF SAINT PAUL Christopher B. Coleman. Mayor August 5, 2009 DANIEL IdIEZGOCKI 2076 ENGLISH ST MAPLEWOOD MN 55109 Telephone: 651-26b8989 375JncksonStreet,Suite f .�, im �j e _ 651-266-895 Sain[ Paul, Minttesofa 55J01-1806 W � . x , H , w �vau! o� RE; FIItE CERTIFICATE OF OCCUPANCl' wTI'H DEFICIENCIES 834 BEECH ST Ref. # 55281 Residential Class: C Dear Property Representative: Your building was inspected on August 5, 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 tnade on 5eptember 4, 2009 at 930 A.M.. Failute to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint 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 RESPONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES ARE THEIIt RESPONSIBILITY. DEFICIENCY LIST I. &34 Beech - SPLC 34.10 (4), 3?33 (3) - Provide a bathroom floor impendous to water. Z, 834 Beech - SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operational condition: Repair or replace and maintain an approved private toilet. This work may require a pernut(s). Call LIEP at (651) 266-9090. Secure toilet to floor 3. 834 Beech - MSFC1026.1 - Provide and maintain an approved escape window from each sleeping room. The minimum size must be 5 square feet of glazed area with a minimum of 24 inches of openable height and ZO inches of openable width. With a finished sill height not more than 48 inches. Refer to provide handout EW-1 for more informafion.-Code requires 24inches openable height window measured at 16inches openable height. Window si1144inches openable width is 43inches. � 5. 834 Beech Window - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window hardware. 836 A- SPLC 34.09 (3), 34.32 (3) - Provide a loek plate for door. An Equal Opportumty Employer c�-�«y 6. 836 A- SPLC 34.10 (7), 34.33 (b} - Repair and maintain the floor in an approved manner.-Repair or replace the floor tile. Kitchen 7. 836 A- MSFC1026.1 - Provide and maintain an approved escape window from each sleeping room. T1te minimum size must be 5 square feet of glazed azea with a minimum of 24 inches of openable height and 20 inches of openable width. With a finished sill height not more than 48 inches. Refer to provide handout EW-1 for more information.-Code requires 24inches openable hei Window measured 14inches openable height d 43inches opena e wi mc es 1 . Si1144inches 8. 836 B- MSFC 605.5 - Discontinue use of extension cords used in ]ieu of permanent wiring. 9. 836 B- SPLC 34.10 (4), 3433 (3) - Provide a bathroom floor impervious to water. Caulk azound bottom of toilet. 10. 836 B- MSRC1026.1 - Provide and maintain an approved escape window from each sleeping room. The minimum size must be 5 square feet of glazed area with a minimum of 24 inches of openable height and 20 inches of openable width. With a finished sill height not more than 48 inches. Refer to provide handout EW-1 for more information: Code requires 24inxhes openable height Window measured 14inches openable height 43inches openable width 33inches glazed. I 1. SPLC 34.09 (3), 3432 (3) - Provide or repair and maintain the window screen. You have the right to appeal these orders to the Legislative Hearing Officer. Applicarions for appeals may be obtained at the Office of the City Clerk, 310 Ciry Hall, City/County Courthouse, I S W Kellogg Blvd, Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, call me at 651-266-8983 between 7:30 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to ]ive and work. Sincerely, James Thomas Fire Inspector Email Address james.thomas@ci.stpaul.mn.us Reference Number 55281 September l, 2009 Property Code Minutes f�,� I �� ! Page 5 V' �� 6. Appeal of Daniel Niezgocki to a Certificate of Occupancy Deficiency List for property at 834 Beech Street. (Rescheduled from Aug. 25) Appellant Dan Niezgocki (2076 E. English Street, St. Paul, MN 55109) appeared. Ms. Moermond confirnled with Mr. Niezgocki that the e�ess windows were the only item being appealed. Ms. Shaff gaue a staff report. 5he stated that Inspector Thomas had inspected for the Fire C of 0 and reported that the openable dimensions of the sleeping room egress window at 834 Beech were 16 inches high by 43 inches wide; the openable dimensions of the sleeping room egress windows at 836 A and B were 14 inches high by 43 inches wide. All of the windows were awning-style windows. Ms. Moermond noted that the type of window was not mentioned in the orders. She asked how the window type made a difference. Ms. 5haff stated that awning-type windows were considered to be substantially noncompliant for emergency escape. Ms. Moermond asked whether the handout attached to egress window orders included a notation about awning windows. Ms. Shaff said she didn't believe that it did. Mr. Niezgocki stated that the window in 834 Beech measured 16 inches high from the bottom of the sill to the top of the window and was 43 inches wide. He said he felt it met the criteria, as Ms. Moermond had indicated in other cases, and should be "grandfathered in." He said the other windows were not 14 inches high, but were 33 inches high and far exceeded the requirements for an egress window. He cited the International Residential Code (II2C). Ms. Shaff stated that the arders cited the Minnesota State Fire Code which referred to window opening size rather than total size. Mr. Niezgocki described the configuration of the awning windows in 836 A and B, and stated that he had not been able to f nd anything in the codes that specifically addressed awning windows. Ae read a section of a code stating that bars, grilles, or grates could be installed provided they were equipped with an approved release mechanism. He said that the mechanism on the awning windows in question was spring-loaded and removable. Ms. Shaff reviewed the Minnesota State Fire Code requirements for egress windows. Mr. Niezgocki reiterated that the awning windows exceeded the required glazed area. Bars on the awning windows were easier to release than were the security tabs on many double hung windows. He said he had been a St. Paul truth in housing evaluator since 1987 but the way the code was being appiied to awning windows was new to him. He said he would like to see some clarification. He then read from the 2000 IRC regarding operational constraints for emergency rescue and escape openings. Ms. Moermond asked Ms. Shaff for the departmenYs perspective and use of the codes. Ms. Shaff responded that there was an applicable provision in Section 326 of the Residential Code, and that it was the Fire Marshal's position that anything that did not meet the Fire Code provisions being used by ASI presented a distinct hazard. September 1, 2009 Property Code Minutes DG I I! �,� Page 6 � r �� Mr. Niezgocki sated that he owned the building for over ten yeazs and the windows had never been called before. Ms. Shaff stated that the fact it hadn't been called in the past didn't make it acceptable now. Mr. Niezgocki said he had four or five inspections since he owned the building; he asked whether the policy had changed. Ms. Shaff read from DSPs egress window policy dated Apri129, 2009 aclaiowledging the confusion over the vanious egress window codes, and stating that DSI enforced the Mimiesota State Fire Code and opuuons of the Fire Marshal regazding conditions constituting distinct hazards to life and property. Mr. Niezgocki asked whether he could just remove the hardware from the awning windows so they could be opened completely. Ms. Shaff said that would not be acceptable because there would be nothing to hold the window open. Mr. Niezgocki said the inspector had told him it would be acceptable to put 24-inch bazs on the windows. Ms. Moermond reviewed the window dimensions in Units 834, 836 A and 836 B. She stated that the window in 836 B would need to be replaced. Mr. Niezgocki stated that the windows could be fully opened without tools and met code requirements. Ms. Moermond said that special knowledge was required to open them. Ms. Moermond said she would continue the matter for 834 Beech for two weeks but would recommend that the appeal be denied for 836 A and B. She stated that Mr. Niezgocki could take the matter before the City Council ifhe was looking for a different interpretation of the code. September 15, 2009 Property Code Minutes ���', r� Page 6 �� 12. Appeal of Daniel Niezgocki to a Certificate of Occupancy Deficiency List for property at 834 Beech Street. (Continued from Sept. 1 for a report from the inspector) The appellant did not appear. Ms. Moermond asked Ms. Shaff whether Mr. Niezgocki had been told he could have bars on the windows. Ms. Shaff said Inspector Thomas had been adamant that he had not told Mr. Niezgocki he could have bazs on the windows. She reminded Ms. Moermond that the windows were awning- type windows. Ms. Moermond recommended denying the appeal and granting an extension to December 31, 2Q09 to come into compliance.