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09-1346Council File # �—�'3 Green Sheet # 3089596 RESOLUTION CITY OF SAl.NT PAUL, MINNESOTA �q Presented by 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the dctober 2 27, 20Q9 decision of the Legisiative Hearing Officer for Appeals to Letters of Certificate of Occupancy 3 Deficiency Lists and Correction Notice for the following addresses: 4 5 Propertv Appealed Aupellant 6 7 962 Como Avenue Renewal by Anderson 8 9 Decision: Deny the appeal. 10 11 1716 Grand Avenue Barry Star 12 13 Decision: Grant a 2-inch variance on the openable height of the egress windows in Units 1— 8, and an 8- 14 inch variance on the openable height of the egress window in Unit 10. 15 16 918 Goodrich Avenue Terry McCrrath 17 18 Decision: Crrant a 5-inch variance on the openable height of the egress windows in the middle and rear 14 bedrooms, and a 5-inch variance on the openable height of the egress window in the front bedroom if it can 20 be repaired to open to at least 19 inches. 21 22 1552 Como Avenue Daniel Thompson 23 24 Decision: Grant a 1.5-inch variance on the openable height of the bedroom egress windows. 25 26 425 Aoy Street North David Palmer, Jerome Properties Inc. 27 28 Decision: Grant a 5-inch variance on the openable height of the egress windows in Units 100, 101, 102 29 and 103; a 1-inch variance on the openable height of the egress windows in Units 200, 201, 204, 205, 300, 30 301, 304 and 305; and a 2.5-inch variance on the openable height of the egress windows in Units 202, 203, 31 302 and 303. 32 33 595 Hamline Avenue North Tom Gallagher, Dadder's Estates 34 35 Decision: Deny the appeal and grant 90 days to bring the window into compliance. 36 37 1368 Pleasant Avenue Tom Gallagher, Dadder's Estates 38 39 Decision: Grant a 2-inch variance on the openable height of the egress windows throughout the building. 40 41 b� -1 � y�tv 42 1124 Norton Street Chad Westbrook 43 44 Decision: Grant a variance on the ceiling height requirement on the second floor. 45 46 585 Charles Avenue Chazles Drake 47 48 Decision: Grant a 3-inch variance on the openable height of the egress window in the west bedroom. 49 50 297 Thomas Avenue Margaret Uriah, High Point Property Mgmt 51 52 Decision: Deny the appeal and grant an extension to November 30, 2009 to complete the repairs; the 53 vacant building status is also changed from a category 2 to a category 1 and the vacant building fees are 54 waived to November 30. 55 56 395 Thomas Avenue Scott Morris 57 5$ Decision: Deny the appeal and grant an extension to December 11 to corcect the deficiencies; vacant 59 building fees aze waived to December 14, 2009. 60 61 2298 Rockwood Avenue Judith Amundsen Mickelson 62 63 Decision: Deny the appeal on the vacant building status; vacant building fees are waived for 90 days. 64 65 326 Harrison Avenue Roseanne Timmons 66 67 Decision: Grant the appeal on the vacant building registration status and fee. 68 Bostrom Stark Requested by Deparhnent of: � Form Approvedby City Attomey B Adopted by Council: Date �_ Adoption Certified by Cound Secretary By: ��1101 � Approve� d}�,Ma . Date � Z g(� l i $Y� �(1\� Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ��-1� 4 t� � 1 DepartmenUOfficelCouncil: � Date fnitiated: '� I co_�°°°G�� i 24NOV2009 �, Green Sheet NO: 3089596 i ' Deoartment Sent To Person Initial/Date � � Contact P¢rson 8 Phone: � � �, Marcia Moermond - ; o 'Counca ' � � � ] ,Counca DepartmentD"uector � � � Assign i 2 iLStv Clerk GSty Clerk � � Must Be on Gouncil Agenda by (Date): ', Numbe� 3 , , � � For � �� � � Routing I 4 i I� � � Doa Type: RESOLUTION f Order i 5; 1� f i E•DOCUment Required: Y Document ContaM: Contact Phone: ToWI # of Signature Pages _(Clip All Locations for Signature) Resolution approving the decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency and Vacant Bui]ding Registrarion Notice and Fees for propeRies at: 962 Como Ave, 1716 Grand Ave, 918 Goodrich Ave, 1552 Como Ave, 425 Roy St N, 595 HamlineAve N, 1368 Pleasant Ave, 112A Norton St, 585 Charles Ave, 297 Thomas Ave, 395 Thomas Ave, 2298 Rockwood Ave, and 326 Harrison Ave. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Commiriee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1 Has this persoNfirm ever worked under a contracl for this depadment? Yes No 2 Has this personlf�rm ever been a city employee? Yes No 3. �oes this person/firm 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 Probfem, lssues, Opportuni�y (Who, What, When, Where, Why): Ativantages {f Approved: Disadvantages If Approved: Disadvantages If Not Approved: Totaf Amount of�. Trensaction: Funding SourGe: Financial Information: (Explain) CostlRevenue Budgeted: Activity Num6er. November 24, 2009 1:44 PM Page 1 ��'I��Cv MINUTES OF THE LEGISLATNE HEARIlVG ON APPEALS OF LETTERS OF DBFICIENCY AND VACANT BUILDING REGISTRATION NOTICES AND FEES Tuesday, October 27, 2009 Room 330 City Hall, 15 Kellogg Blvd. West Mazcia Moermond, Legislative Hearin� Officer The hearin� was called to order at 1:40 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Inspections (DSI� - Fire; Matt Aornfeld, DSI - Code Enforcement; Dennis Senty, DSI — Code Enforcement; and Mai Vang, City Council Offices Appeal of Renewal by Anderson to a Certificate of Occupancy Deficiency List for property at 962 Como Avenue. (no window measurements) The appellant did not appear. Ms. Moermond recommended denying the appeal. 2. Appeal of Barry Star to a Certificate of Occupancy Deficiency List for property at 1716 Grand Avenue. Appellant Barty Starr appeared. Ms. Moermond reviewed the inspector's report and recommended granting a 2-inch variance on the openable }�eight of the egress windows in Units 1— 8, and an 8-inch variance on the openable height of the egress window in Unit 10. Appeal of Terry McGrath to a Certificate of Occupancy Deficiency List for property at 918 Goodrich Avenue Appellant Terry McGrath (886 Jefferson Avenue, St. Paul, MN 55102) appeared. Ms. Shaff gave a staff report. She stated that Tnspector Imbertson had inspected for the Fire Certificate of Occupancy on October 1 and reported that the openable dimensions of the egress window in the front bedroom were 15 inches high by 33 inches wide, and in the middle and rear bedrooms were 19.25 inches high by 33 inches wide. The inspector had noted that the window in the front bedroom was sticking due to paint and would have dimensions similar to the others if it were repaired. Ms. Moermond asked whether the front bedroom egress window could be fixed. Mr. McGrath said it could be done very easily. Ms. Moermond recommended granting a 5-inch variance on the openable height of the eb ess windows in the middle and rear bedrooms, and a 5-inch variance on the openable height of the egress window in the front bedroom if it can be repaired to open to at least 14 inches. October 27, 2009 Property Code Minutes �� J( � y � Page 2 4. Appeal of Daniel Thompson to a Certificate of Occupancy Deficiency List far properiy at 1552 Como Avenue. James Thompson (1558 Como, St. Paul, MN 55108) appeared. Ms. Moermond reviewed the inspector's report and recommended granting a 1.5-inch variance on the openable height of the bedroom egress windows. 5. Appeal David Palmer, Jerome Properties Inc, of to a Cer[ificate of Occupancy Deficiency List for property at 425 Rov Street North. Appellant David Palmer (P.O. Box 7028) appeared. Ms. Shaff gave a staff report. She said that Inspector Booker had inspected for the Fire C of O on October 8. She read corrected window measurements that had been taken since the October 8 inspection. The openable dimensions of the bedroom egress windows in Units 110 and 101 wexe 19 inches high by 25 inches wide; in Units 102 and 103 were 19 inches high by 28 inches wide; in Units 200, 201, 204, 205, 300, 301, 304 and 305 were 23 inches high by 24.5 inches wide; and in Units 2Q2, 203, 3Q2 and 303 were 21.5 inches high by 26 inches wide. Ms. Moermond noted that the orders listed window dimensions of 15 inches high by 25 inches wide for Unit 100. She confirmed with Ms. Shaffthat the orders had been modified. Ms. Moermond recommended a anting a 5-inch variance on the openable height of the egress windows in Units 100, 101, 102 and 103; a 1-inch variance on the openable height ofthe egress windows in Units 200, 201, 204, 205, 300, 301, 304 and 305; and a 2.5-inch variance on the openable height of the egress windows in Units 202, 203, 302 and 303. 6. Appeal of Tom Gallagher, Dadder's Estates, to a Certificate of Occupancy Deficiency List far property at 595 Hamline Avenue North and 1368 Pleasant Avenue. Appellant Tom Gallagher appeared. Ms. Shaff gave a staff report. She stated that Inspector Neis had conducted a Fire C of O inspection at 595 Hamline on September 24 and reported that the openable dimensions of the egress windows in the rear porch bedrooms in Units 1 and 2 were 14.5 inches high by 35 inches wide. She said that Inspector Isabel had conducted the Fire C of O at 1368 Pleasant on October 12 and reported that the openable dimensions of the egress windows were 22 inches high by 25.5 inches wide. Ms. Moermond asked Mr. Gallagher whether he had anything he wanted to add to the record. Mr. Gallagher stated that the rear porch room in Unit 1 at 595 Hamline was not used as a bedroom. He said the tenant in Unit 2 had been using the rear porch room as a bedroom for four years and that the window in that room was very wide. Ms. Moermond stated that she never granted variances for windows that opened less than 16 inches, and that for windows with a 16 to 18-inch openable height, she required at least two inches of extra width for every inch of height shortfall. October 27, 2009 Property Code Minutes (� �� �(.�(P Page 3 Mr. Gallagher said the building had a brick exterior so replacing the window with a larger one would be difficult. He asked whether it would be acceptable to modify the window. Ms. Shaff confirmed with Mr. Gallagher that the windows were double hung and said she didn't know how a double hung window could be modified. Ms. Moermond stated that the window could be replaced with a different type. She recommended denying the appeal and granting 90 days to bring the window into compliance. Mr. Gallagher asked whether he would be in compliance if he could modify the window so that it opened to 16 inches. Ms. Moermond said she was looking for more and that 16 inches would be the bare minimum. Ms. Shaff reminded Mr. Gallagher that opening the window could not require special tools or knowledge. Mr. Gallagher asked about the Pleasant Avenue address. Ms. Moermond stated that she would recommend granting a 2-inch variance on the openable height of the egress windows throughout the building. 8. Appeal of Chad Westbrook to a Certificate of Occupancy Deficiency List for property at 1124 Norton Street. Appellant Chad Westbrook (8640 215`" Street N., Forest Lake, MN 55025) appeared. Ms. Moermond confirmed with Mr. Westbrook that ceiling height was the only thing being appealed. Mr. Westbook stated that it was a story-and-a-half, two bedroom house with sloped ceilings on the top floor. He provided photographs. Ms. Shaff stated that Inspector Fish had reported that the second floor bedroom was 10 feet by 13 feet, and the area with a 7-foot ceiling was 13 feet by 3 feet. Ms. Moermond recommended granting a variance on the ceiling height requirement on the second floor. 9. Appeal of Charles Drake to a Vacant Building Registration Notice & Fee and a Certificate of Occupancy Deficiency List for property at 585 Charles Avenue. Appellant Charles Drake (15360 Painters Lane N., Srillwater, MN 55082) appeared. Mr. Dornfeld said the vacant Building file had been closed. Ms. Shaff gave a staff report on the windows. She said the openable dimensions of the egress window in the west bedroom were 20 inches high by 23 inches wide, and that the egress window in the front bedroom was in compliance. Ms. Moermond recommended granting a 3-inch variance on the openable height of the eg window in the west bedroom. October 27, 2009 Property Code Minutes �� �� 3 � t� Page 4 �� 10. Appeal of Margaret Uriah, High Point Property Mgmt, to a Vacant Building Registrarion Notice and Fee for property at 297 Thomas Avenue. Appellant Margaret Uriah, property manager (719 Hamline Avenue N., St. Paul, MN 55104), appeared. Ms. Shaff gave a staff report. She said the Fire C of Q inspection originally scheduled for May had been cancelled and rescheduled to October 7 by Inspector Martin, and the property had been condemned on October 7. Ms. Shaff referred to inspector's photographs taken at that time showing blocked egress, gross unsanitary conditions, disabled smoke detectors, and a number of other violations. She said the house had been vacated by the time of the re-inspection, and the property was referred to Vacant Buildings. Mr. Dornfeld said a Category 2 Vacant Building file was opened and orders were issued to secure the house and clean the yard. He stated that the house had been secured but the yard had not been cleaned by the date agreed upon, although it was clean now. Ms. Moermond asked what the plans were for the property. Ms. Uriah stated that she did not dispute the items on the Fire C of O deficiency list and that 17 of the items had been corrected. She said they weren't able to pull permits to complete the repairs because they had not registered the property as a vacant building and they disputed that the property was a vacant building. Ms. Moermond asked how much time was needed to finish everything. Ms. Uriah said everything could be completed in 30 days. Ms. Moermond said she would recommend that the Vacant Building fee be waived far 30 days. She said the property would still have to be registered. Ms. Uriah asked whether there was a separate list of items to be corrected far vacant buildings. Ms. Moermond asked Ms. Shaff whether the Fire C of O list would cover everything. Ms. Shaff said the C of O list might not cover everything. She said it was disappointing that the property had to be condemned in October when it should have been ready for inspection in May. Ms. Uriah said the property had been ready for inspection in May and she had photographs that would show that. Ms. Moermond asked what kind of tenant screening was done. Ms. Uriah said they inherited bad tenants when they purchased the house as part of a portfolio. Ms. Moermond said Ms. Uriah would have 30 days to complete all of the items on the C of O list. Mr. Dornfeld said that since the property was a Category 2, a Code Compliance inspection would be required. He said that for clarity the property should be changed to a Category 1 for 30 days. Ms. Moemiond recommended denying the appeal and granting an extension to November 30, 2009 to complete the repairs. She also recommended changing the vacant building status from a category 2 to a category 1 and waiving the vacant bu3lding fees to November 30. October 27, 2009 Property Code Minutes �� I�� Page 5 l 12. Appeal of Scott Morris to a V acant Building Registration Notice and Fee for property at 395 Thomas Avenue. Appellant Scott Moms appeared. Ms. Shaff referred to the synopsis provided by Mr. Morris. She stated that Inspectors Martin and Cummings had conducted multiple inspections and re-inspections and there had been a number of complaints and instances of no access being provided. She said the C of O had been revoked on September 15. Ms. Moermond confirmed with Ms. Shaff that the property had already been vacated at that time. Ms. Shaff reiterated that Mr. Morris had provided a good timeline of events; she said it would have been hard for him to do the work with the tenants there. Ms. Moermond asked how much more time was needed. Mr. Morris said he was down to 15 items, most requiring a contractor, and would like 30 to 45 days. Ms. Moermond recommended denying the appeal and granting an extension to December ll for correcting the deficiencies; recommended waiving the Vacant Building registration fee until December 14, 2009. 13. Appeal of Judith Amundseti Mickelson to a Vacant Building Registration Notice and Fee for property at 2298 Rockwood Avenue. Appellant Judith Mickelson and daughter Michelle Jackson (2300 Rockwood Avenue, St. Paul, MN 55116) appeared. Mr. Dornfeld gave a staff report, He said Inspector Reardon had condemned the building on September 18 due to water service shutoffbecause of a burst pipe. He said repairs were not made, water service was not restored within the 30 days allowed, and the property was transferred to Vacant Buildings. Ms. Jackson had granted Mr. Dornfeld access to the property, and he had taken photographs and explained the vacant building situation to Ms. Jackson. He said Ms. Jackson had explained to him how she had purchased the contract for the property from the bank. Ms. Mickelson clarified that she had bought the property from the previous owner on a contract for deed. She said that when the previous owner died a second party had purchased the contract from the family and Ms. Jackson had purchased it from the other party. Mr. Dornfeld stated that the house was too filled with clutter to conduct a full inspection, and that Ms. Jackson had requested permission to build a shed. He said he had referred her to zoning and the building department. Ms. Moermond asked far a review of the dates. Mr. Dornfeld said the property was condemned for water shut-off on September 18, and the Category 2 Vacant Building file was opened and Summary Abatement issued on October 14 with a compliance date of November 3. Ms. Moermond asked about the summary abatement and whether compliance would cost less that $5,000. Mr. Domfeld referred her to the inspector's photographs and said he felt that was a fair October 27, 2009 Property Code Minutes �� {�(,r (p Page 6 estimate. He said he was informed that hours of work had been done before the photographs had beentaken. Ms. Moermond reviewed the written appeal with Ms. Mickelson. Ms. Mickelson stated that during the three years she had been caring for her parents, she had stayed in her own home part time and in her prazents' home part tune. Ms. Moermond confirmed that the property at 2298 Rockwood was a single-family home and that Ms. Jackson had purchased the property and lived next door. Ms. Moermond asked Ms. Mickelson what her plans were for the house. Ms. Mickelson said she was hying to clean up the house but could only do a little at a time. She said Inspector Reardon couldn't have known about the burst pipe before the inspection because she had shown him. She said her son had shut off the water. Ms. Moermond asked for clarificarion of what had triggered the condemnation. Ms. Jackson stated that someone had called in a complaint. She said Mr. Reardon had started to pull the tag off of the house but when Ms. Mickelson had opened the door and he saw the condition of the interior and left it on. Mr. Moermond said there was a long history of complaints at the property. She asked Ms. Mickelson where she was living now. Ms. Mickelson said she was living at her parents'. Ms. Moermond said the issue was whether or not the property should be in the Vacant Building program. Ms. Mickelson said she was confused about what a Category 2 Vacant Building was. Ms. Moermond reviewed the photographs and asked whether all of the rootns were as full as those shown. Ms. Mickelson said they had been that fizll but weren't any mare. Ms. Moermond noted that the photographs had been taken the previous week and were probably pretty cunent. Ms. Moermond asked Ms. Mickelson how much she was storing and how much she was throwing away. Ms. Mickelson said she had rented a storage facility. She said she had a shopping and hoarding compulsion and was going to be getting help, but could not face cleaning up now. She said that she would like to build a storage shed. She said the bathroom walls were not moldy as the inspector had reported. Mr. Dornfeld clarified that the inspector had reported mold in the basement where the pipe had burst. Ms. Mickelson said that when she applied for a permit to build a shed, she saw an inspector's report stating that the bathroom was moldy and not usable. She said the report also stated that her daughter owned the house. She said it was her home and she was willing to pay her daughter the amount that had been owed on the contract but her daughter had said she didn't have to. She said she had pictures showing that she had done a lot of the work and the house was mostly clean except for the attic. She said the inspector had also reported that the dining room ceiling was caving in because there was so much stuff in the attia She said the ceiling was cracked because of dynamiting that had been done in the street. She asked again to be allowed to build a shed. Ms. Moermond asked Ms. Mickelson what had caused her to begin cleaning. Ms. Mickelson said she wanted to move back home and it was packed full as Mr. Dornfeld had indicated. Ms. Moermond said that in her experience hoarders will not begin to address the problem until there was an en£orcement action by the city. She said a shed or storage unit would not solve the problem, and that Ms. Mickelson had to complete the summary abatement or the city would. She asked whether Ms. Mickelson had been in touch with House Calls ar Kay Wittgenstein. Ms. Mickelson said that Kay Wittgenstein had told her to just discard everything. October 27, 2009 Property Code Minutes r y� (� � r,� Page 7 U"I `T Ms. Moermond suggested a process for sorting through the clutter. She said she would set a deadline and if Ms. Mickelson could not meet the deadline, city staff would come in and complete the work. Ms. Mickelson said she would bum the house down. Ms. Jackson said that Ms. Mickelson had threatened suicide. Ms. Moermond asked to hear form Ms. Mickelson's children. Ms. Jackson said she had taken the valuable items from the house and that her mother was making an effort to sort through the rest. Ms. Mickelson's son stated that Ms. Mickelson had accomplished more than he thought she could but had been unwilling to let others in to help. Ms. Mickelson said she hadn't wanted to allow her son in because he had threatened her. Ms. Moermond asked whether the house was in Ms. Jackson's name. Ms. Jackson said the contract was in her name and the title was in her mother's name. Ms. Moermond said that Ms. Jackson could use her ownership position to allow access to the house. Ms. Mickelson said she was not getting a fair shake. She provided photographs that she said showed she was making progress. Ms. Moermond stated that Ms Mickelson's family was willing to help and Ramsey County could provide help. She set a new deadline of November 29 for the summary abatement. Ms. Mickelson asked why she couldn't just put things in storage or build a shed. Ms. Moermond said Ms. Mickelson wouldn't be able to get a building permit because the house wasn't occupied. Ms. Moermond said the other issue was the Vacant Building registration and fee. She read the definirions of Vacant Building and said the property fit the definition because it was unoccupied, condemned and had multiple code violations. She recommended denying the appeal on the vacant building and that vacant building fee be waived for 90 days. Ms. Mickelson's son asked whether there were other violations to be addressed. Ms. Moermond said that determination would be made after the November 29 re-inspection. 11. Appeal of Roseanne Timmons to a V acant Building Registration Notice and Fee for property at 326 Harrison Avenue. Appellant Roseanne Tunmons (1294 99�' Court N.E., Blaine, MN 55434) and Margaret Hines appeared. Mr. Senty referred Ms. Moermond to the photographs and written report. He said Vacant Buildings had visited the property on September 30 in response to a complaint that the building was unoccupied and had multiple code violations. He said he had only been able to access the exterior and had found three items: a small amount of peeling paint, deterioration of the roof, and some bowing and deterioration of the east foundation. He said the roof was "wavy" and did not appear to have multiple layers, and he felt the roof might be in danger of failing. Ms. Moermond asked for a description of the foundation. Mr. Senty said it was stone with a concrete skim coat, and that the deterioration appeared to involve more than just the skim coat. Ms. Moermond asked Ms. Timmons and Ms. Hines what they were looking for in the appeal. Ms. Aines provided photographs that she said showed the roof and foundation were not leaking. Mr. October 27, 2009 Property Code Minutes ��� (��� Page 8 Senty reviewed the photographs. He said the basement wa111aoked true and tight but the ceiling was a drop ceiling and might not show evidence of leaking. He said he would like to see photographs taken above the ceiling panels. Ms. Moermond confirmed with Mr. Senty that the roof concerns were with leaking and with its ability to support itself. Mr. Senty said it was hard to make a determination without having inspected the interior of the building. Ms. Shaff and Ms. Senty expressed concerns about the way the venting appeared to have been done when the roof was replaced. Ms. Timmons said that it was their father's house and they were riying to clean it out and sell it "as- is." She said neither of them lived in St. Paul and the Vacant Building registration requirements had caught them off guard. Mr. Senty asked whether they knew a roofer who could walk the roof and assess its condition. Ms. Moermond asked Ms. Timmons and Ms. Hines whether they could contact a roofing contractor and obtain an estimate. Ms. Timmons said they would. Mr. Senty said he would like to be there for the roofinspection. Ms. Moermond laid the matter over for three weeks. On November 17, Ms. Moermond stated that the property owner had a contractor out who walked the roof and provided a written report. Because the roof was solid and there were no other violations, she recommended granting the appeal on the vacant building registration.