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09-1404Council File #=(��'" =� Green Sheet # 3091817 a RESOLUTION CITY O,F SAINT PAUL, MINNESOTA .n � � �� Presemed by 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 2 November 17, 2009 decision of the Legislative Hearing Officer for Appeals to Letters and Certificate of 3 Occupancy Deficiency Lists for the following addresses: 4 5 Prouerty Appealed Aaaellant 6 7 1164 Randolph Avenue Philip Drewes 8 9 Decision: Grant a 2-inch vaziance on the windows on the openable height of the egress bedroom windows; 10 deny the appeal and grant an extension to December 18, 2009 to remove excessive accumulation of 11 combustible materials. 12 13 1529 Sherburne Avenue Synergy Home Solutions 14 15 Decision: Grant a 2-inch variance on the openable height of the bedroom egress windows throughout the 16 building. 17 18 1255 Desoto Street Messa Vang 19 20 Decision: Grant a 2-inch variance on the openable height of the bedroom egress windows in the upper unit 21 in bedroom 2; deny the appeal on the bedroom egress windows in the upper unit bedroom 1. 22 23 903 Goodrich Avenue Susan Klevan 24 25 Decision: Deny the appeal on the egress windows and grant an extension for 90 days to bring the windows 26 into compliance; if the windows aze not going to be replaced, the owner must remove 50% of the wall, 27 from floor to ceiling, in the sleeping room in Unit E. 28 29 2260 Como Avenue 30 Tracy Knewtson, Muffuletta, 31 Decision: Grant a variance provided a sign is placed on the door indicating "Pull to Open." 32 b��� �� �f 33 Bosffom Yeas Requested by Department of: Harris Helgen Stark Thune ✓ Adopted by Council: Date Adoption Certi�fie�d by Counc ecretary BY� /!' //lAc�s/�A.i�/SdY/ Approve y. ay r: ate t Bv� .Gup� ��_. � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council Bv� Approved by the Office of Financial Services � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � o�'(�o�' ' DepartmentlOffice/CounciL � Date Initiated: i ; co-�°°°��� ,4o E�zao9 � Green Sheet NO: 3091817 ; ConWCt Person & Phone: � � � Department Sent To Person Inkial/Date � � Marcia Moermond � � o ICouncu n � i '� I I,Council Deoarm�ent Director i I �, Assign 2 C1ty Clerk City Clerk I � j Must Be on Council Agenda by (Date): � Number I 3; , . ' Por , �" ' ' ; Routing 4 � � i ( iDOaType:RESOWTION '�,� Order , 5 I I! E-DOCUment Required: Y DocUment Contact: GonWct Phone: Total # of Signature Pages _(Clip A1f Locations for Signature) Resolution approving the decisions of the Legislative Hearing Officer for Appeals to Letters and Certificate of Occupancy Deficiency Lists for the following properties: 1164 Randolph Avenue, 1529 Sherbume Avenue, 1255 Desoto Street, 903 Goodrich Avenue, and 2260 Como Avenue. Rewmmendations: Approve (A) or Reject (R): Planning Commission CIB Committee Crvil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department� Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/frm 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): Advantages It Approved: Disadvantages If Approved: Disativan W ges If Not Approved: Total Amourrt of Transaction: Funding Source: Financial Information: (Explain) CosVRevenue Budgeted: Activiry Number: December 14, 2009 1:03 PM Page 1 G�-i�i�� MINUTES OF THE LEGISLATNE HEARING ON LETTERS OF DEFICIENCY, CORRECTION NOTICES AND CORRECTION ORDERS Tuesday, November 17, 2009 Room 330 City Hall, 15 Kellog� Boulevard West The hearing was called to order at 135 p.m. STAFF PRESENT: Leanna Shaff, Deparhnent of Safety and Inspections (DSn — Fire Prevention; Diane McCabe, DSI — Fire Prevention; Rich Singerhouse, DSI, and Mai Vang, City Council Offices Appeal of Philip Drewes to a Certificate of Occupancy Deficiency List for property at 1164 Randolvh Avenue. Attomey Mark Priori appeared on behalf of the appellant, Philip Drewes. Ms. Shaff provided a staff report. On October 30, 2009, Inspector Carver Isabel inspected the property on a C of O inspection. The inspector found that throughout the unit, the escape and rescue openings were measuring 22 inches high by 30 inches wide for the openable area. It was also noted to immediately remove and discontinue excessive accumulation of combustible materials. Mr. Priori stated that it was his understanding that the City had contacted Mr. Drewes and informed him that he was approved a 2-inch variance on the windows. Ms. Moermond affirmed that this was correct. Mr. Priori addressed the removal of debris. He stated that the items that have been ordered to be removed belonged to Mr. Drewes' tenants, who had been out of town. Mr. Priori said the tenants were in the process of removing the accuxnulated items. He said that he believed a re-inspection was scheduled for November 25, 2009. Ms. Shaff stated that the City requires 36 inches for a pathway to get around the water heater, furnace, electrical panel to the stairs, and there should be two feet between the ceiling and top of the pile. There should be a one yard clearance around all basic utility equipment and electrical panels. Ms. Moermond recommended denying the appeal and granting an extension to December 18, 2009 to remove excessive accumulation of combustible materials. 5. Appeal of Synergy Home Solutions to a Code Compliance Inspection Report to replace egress windows for property at 1529 Sherburne Avenue. Appellant Sam Riesgraf appeared. Ms. Moermand asked Mr. Riesgraf if the openable dimensions were 19.5 inches high by 23 inches wide or if the dimensions were reversed. November 17, 2009 Property Code Minutes b�-��d�' Page2 Mr. Riesgraf said that the opening is 20 inches clear width and 22 inches in height. He said the house was sold and he had letter from a prospective buyer requesting that casements not be installed. Ms. Moermond recommended granting a 2-inch variance on the openable height of the bedroom e�ress windows throughout the building. 6. Appeal of Messa Vang to a Certificate of Occupancy Deficiency List for property at 1255 Desoto Street. Appellant Messa Vang appeared. Ms. Shaff stated that Inspector Girling conducted a Rire C of O inspection on November 9, 2009 and found the window measured 17 inches in height by 23 inches in width in the upper level bedroom 1; the window measured 22 in height by 27 inches in width in the upper bedroom 2. Ms. Moermond stated she was fine with recommending a variance for bedroom 2, but she was concerned about the window in bedroom 1. Mr. Vang said that after further consideration, he had decided to replace both deficient windows. Ms. Moermond recommended granting a 2-inch variance on the openable height of the bedroom egress windows in the upper unit in bedroom 2 and recommended denying the appeal on the bedroom egress windows in the upper unit bedroom 1. Appeal of Susan Klevan to a Certificate of Occupancy Deficiency List for property at 903 Goodrich Avenue Appellant Susan Klevan appeared with her father, Ray McKlevish, building owner. Ms. Shaff provided a staff report. On October 21, 2009, a Fire C of O inspection was conducted by Inspector Mitch Imbretson. Ms. Shaff said that staff recommended withdrawing the order on the first item on the deficiency list because the doors are original. Ms. Shaff said that item #2, Unit E, the bedroom has no openable windows to the exterior. This window is an awning window 22 inches by 62 inches wide and thaY s the entire window; however, the inspector did not provide opening measurements. Ms. Klevan provided photos to Ms. Moermond. There was a lengthy discussion about egress options from Unit E. Ms. Moermond suggested construction options, i.e. removing 50% of the wall, from floor to ceiling, in the sleeping room of Unit E. Ms. Klevan indicated that they were willing to consult a contractor to make the necessary modifications to bring the window into compliance. Ms. Moermond denied the appeal on the egress windows and granted an extension for 90 days to bring the windows into compliance. If the windows are not going to be replaced, the owners must remove 50% of the wall, from floor to ceiling, in the sleeping room in Unit E. November 17, 2009 Property Code Minutes U" i� �� �� Page 3 9. Appeal of Tracy Knewtson, Muffuletta, to a Certificate of Occupancy Deficiency List for property at 2260 Como Avenue. Appellant Tracy Knewtson appeared. Ms. Shaff provided staff report. She said Inspector Kris Skow-Fiske had done a Fire Certificate of Occupancy inspected the building on October 29, 2009. The inspector found that the exit doors did not swing in the direction of exit travel. Ms. Knewtson said that there are six exits in the restaurant. There was a lengthy discussion about which doors were regularly-used. Ms. Knewtson said that it would be extremely costly to repair the rear exit door that swings in the wrong direction. She said it was not on street level, was high, on a staircase landing and if you were to change the swing of the door, all of that would have to be replaced because the landing is not deep enough. Ms. Moermond said that given the nuxnber of doors and exists and that this was not a regularly-used space, she recommended granting a variance provided a sign as placed on the door indicating "Pull to Open."