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09-400Council File # b�'/�l/Q Green Sheet# 3069125 RESOLUTION CIT,Y OF SAINT PAUL, MINNESOTA �� Presented by 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the March 2 10, 2009 decision of the Legislative Hearing Officer Letters of Certificate of Occupancy Deficiency List 3 and Vacant Building Registration Notice and Fee for the following addresses: 4 5 Pronertv Appealed Appellant 6 7 1439 Seventh Street East Deborah Kaehler 8 o/b/o Kaehler Management 9 10 Decision: Grant variances for the egress windows in the sleeping rooms in Units 1, 2, 3, 5, 7, 8, 11, 12, 14 11 and 16. 12 13 988 Fremont Avenue Urbane Properties 14 15 Decision: Grant variances for the egress windows in all three sleeping rooms. 16 17 18 590 Blair Avenue Bruce Johnson 19 o/b/o AnselJohnson 20 21 Decision: Grant the appeal and the property is exempted from the Certificate of Occupancy Program. 22 23 2169/2171 Glenrid�e Avenue Mark Hurley 24 25 Decision: Grant variances for the egress windows in the southeast sleeping room for 2169 and the 26 southwest sleeping room for 2171. 27 28 2126 Fifth Street East Brian Gallagher 29 30 Decision: Grant variances for the egress windows in the southeast and northeast sleeping rooms. Deny the 31 appeal for the egress windows in the upstairs room and grant an extension for 60 days to bring the window 32 into compliance. 33 34 1071 Forest Street Dennis Wurzer 35 36 Decision: Grant the appeal on the Certificate of Occupancy revocation, the condemnation and arder to 37 vacate, and egress window. Deny the appeal for the egress window sill height and grant an extension for 38 60 days to install steps. 39 0�1-y.eo 40 654 Fuller Avenue 41 42 Bruce Johnson ofb(o Ansel Johnson 43 Decision: Deny the appeal on the egress windows in the north and east sleeping rooms in Unit 3 and grant 44 an extension for six months to bring the windows into compliance. 45 Requested by Department o£ Adoption Certified by Coun 1 Secietary BY� ////a�lii�liv� Approved bg ay �ate �l ` BY� / 1,1 � � � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services By: Adopted by Council: Date ��j��/�G� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet n�1-i�i/� C� DepartmenHOffice/COUncil: Date Initiated: co-�°°°��� 01 Green Sheet NO: 3069125 Contact Person 8 Phone: Department Sent To Person InkiaVDate Marcia Moermond y o ouncil 0 fr8570 1 omc0 De artmentDirecror Assign Z 'tyClerk (.tiNClerk Must Be on Council Agenda by (Date): Number 3 � For 4 0 Routing Doc.Type:RESOLUTION Order 5 � E-Document Required: Y Document ContaM: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Clip All Lowtions for Signature) Action Requested: Reso]ution approving the March 10, 2009 decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency List and Vacant Building Registration Notice and Fee for properties at 1439 Seventh Sheet East, 988 Fremont Avenue, 590 Blair Avenue, 2169/2171 Glenridge Avenue, 2126 Fifth Sfreet East, 1071 Forest Street and 654 Fuller Avenue. RecommendaGons� Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this person�rm ever worked under a contract for this department? CIB Commiriee 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 curcent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Whyj: Ativantages If Approvetl: Disadvantages If Approved: Disadvantages If Not Approved: ToWI Amount of Trensaction: CostlRevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) April 1, 2009 8:59 AM Page 1 1• �11 MINUTES OF THE LEGISLATIVE HEARING ON LETTERS OF DEFICIENCY, CORRECTION NOTICES AND CORRECTION ORDERS Tuesday, Mazch 10, 2009 Room 330 Ciry Hall, 15 Kellogg Blvd. West The hearing was called to order at I 35 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Inspections (DSI) — Fire Prevention; Rich Singerhouse, DSI — Code Enforcement; Mike Urmann, DSI — Fire Prevention; and Mai Vang, City Council Offices 2. Appeal of Deborah Kaehler, on behalf of Kaehler Management, to a Certificate of Occupancy Deficiency List for property at 1439 Seventh Street East. Appellant Deborah Kaehler (P. O. Box 6504, St. Paul, MN 55106) appeared. Ms. Shaff stated that during a February 17, 2009 Certificate of Occupancy inspection the inspector found that the openable dimensions of the egress windows were 19.5 inches high by 39 inches wide in the sleeping rooms in Units 1, 2, 3, 5, 7 and 8; 19.5 inches high by 39 inches wide in the north sleeping rooms of Units 11, 12, 14 and 16; and 19.5 inches high by 35 inches wide in the south sleeping rooms of Units 11, 12, 14 and 16. Ms. Moermond stated that the height shortfall was compensated for by twice as much extra width. She recommended granting a 4.5 inch variance on the egress window openable height in the sleeping rooms in Units 1, 2, 3, 5, 7, 8, 11, 12, 14 and 16. Appeal of Urbane Properties to a Certificate of Occupancy Deficiency List for property at 988 Fremont Avenue. Appellant Jesse Haug (487 St. Clair Avenue, St. Paul, MN 55102) and Nick Lazsen from Urbane Properties (1738 University Avenue, St. Paul, MN 55104) appeared. Ms. Shaff stated that the property was inspected for the Fire Certificate of Occupancy and the inspector found that the openable dimensions of the egress window in the northwest sleepin� room were 19.5 inches high by 36 inches wide, in the southwest sleeping room were 20 inches high f�y 24 inches wide, and in the southeast sleeping room were 20 inches high by 23.5 inches wide. Ms. Moermond asked whether the appellants were looking for anything other than a vaziance on the windows. Mr. Haug stated that it was a recently purchased foreclosed property and that the windows had not been modified since they'd purchased the property. He said all ofthe sleeping rooms were on ground level. Ms. Shaff stated that the code required at least 24 inches in openable height and 20 inches in openable width and that in her opinion the windows met the intent of the regulation. She said that a wider window was easier to get out of than a taller one and that flipping the dimensions did no: make a difference. March 10, 2009 Property Code Hearing Minutes G�-4�� Page 2 Ms. Moermond asked whether that was the department's position. Ms. Shaff stated that the position was that the windows would be acceptable in each of the cases. Ms. Moermond asked whether that was going to be the depamnenYs position on subsequent appeals. Ms. Shaff said that it was. , Ms. Moermond recommended granting a 4.5 inch variance on the openable height of the egress window in the northwest sleeping room, and a 4 inch variance on the height of the egress windows in the southwest and southeast sleeping rooms. 4. Appeal of Ansel Johnson to a Certificate of Occupancy Deficiency List for property at 590 Blair Avenue Bruce Johnson (180 Mounds Boulevard, St. Paul, MN 55106) appeazed on behalf of appellant, Ansel Johnson. Ms. Shaff stated that the building had been condemned and the Certificate of Occupancy revoked on Februazy 11, 2009, and that the egress requirements for the upper two bedrooms were being appealed. Mr. Johnson stated that the property was a Category 1 Vacant Building and had passed inspection a week and a half ago. He said that it was going to be the residence of his father, Ansel Johnson. He said they were appealing the $96 fee. Ms. Moermond asked who was going to own the building. Mr. Johnson responded that his father was going to own the building. Ms. Moermond stated that her records indicated that the building was owned by a mortgage company. Ms. Moermond confirmed with Mr. Johnson that the property had been purchased from the mortgage company and fixed up, and that one unit would be owner- occupied. Ms. Moermond stated that there were no egress window measurements in the orders. She asked Mr. Johnson to provide documentation of ownership, and said she would recommend thai the appeal be granted and the property removed from the Certificate of Occupancy program. Mr. Johnson asked whether he would be responsible for the $96 fee. Ms. Moermond said that he would not and that Ms. Shaff would take care of the fee requirement. On March 12, 2009, Mr. 3ohnson submitted a copy of the HUD Settlement Statement verifying ownership for the property. March 10, 20�9 Properry Code Hearing Minutes �;;_.�.;�� Page 3 Appeal of Mark Hurley to a Certificate of Occupancy Deficiency List for property at 2169/2171 GlenridQe Avenue. Appellant Mazk Hurley (P. O. Box 9311, St. Paul, MN 55109) appeared. Ms. Shaff stated that the property had been inspected for the Fire Certificate of Occupancy and the inspector found that the egress window openable dimensions were 33.5 inches high by 19.5 inches wide in the southeast sleeping room at 2169 and in the southwest sleeping room at 2171. Ms. Moermond recommended granting a 0.5 inch variance on the openable width of the egress windows in the southeast sleeping room for 2169 and the southwest sleeping room for 217:. Appeal of Brian Gallagher to a Certificate of Occupancy Deficiency List for property at 2126 Fifth Street East Appellant Brian Gallagher (5324 45�' Avenue S., Minneapolis, MN 55417) appeazed. Ms. Shaff stated that the property had been inspected for the Fire Certificate of Occupancy and that the inspector had found that the egress window openable dimensions were 21 inches high by 23 inches wide in the southeast sleeping room, 20.5 inches high by 28.8 inches wide in the northeast sleeping room, and 39 inches high by 12 inches wide in the upper sleeping room. Mr. Gallagher stated that there was a second window in the upper bedroom. Ms. Shaff asked whether he had measurements for the window. Mr. Gallagher said that he did not. Ms. Moermond asked the department's position on the window in the southeast sleeping roam. Ms. Shaff stated that the dimensions were short of the minimum requirement in both directions. Ms. Moermond said that the window was three inches under the requirement in height but three inches over in width and asked whether the department would find it acceptable. Ms. Shaff responded that they would not. Ms. Moermond asked for a clarification of the difference in the decision from that for a previous appeal. Ms. Shaff stated that in the previous case the window had been 20 inches high by 24 inches wide and that the requirements for both dimensions had been met. Ms. Moermond recommended granting a 3 inch variance on the openable height of the egress window in the southeast sleeping room and a 3.5 inch variance on the height of the egress window in the northeast sleeping room. She recommended denying the appeal on the egress window in the upstairs room and granting 60 days for bringing the window into compliance. Mr. Gallagher asked whether he could supply drawing and measurements for the other window in the upper bedroom. Ms. Moennond stated that her recommendation would stand but that the appeal fee would be waived if orders were written and appealed for the second window in the upstairs bedroom. March 10, 2009 Property Code Hearing Minutes �g_4f? y Page 4 11. Appeal of Dennis Wurzer to a Certificate of Occupancy Revocation for property at 1071 Forest Street. Appellant Dennis Wurzer (1071 Forest Street, St. Paut, MN 55106) appeared. Ms. Shaff stated that the property had been inspected for the Fire C of O and that the C of Q had been revoked after the third visit. She said that the inspector's notes indicated that the owner had lived in the building but no other apartments would be occupied and he woald not make the repairs or meet egress requirements. Ms. Shaff stated that all of the units were condemned. She said the inspector had found that in Unit 101, 102, 201, 202, 203, 204 there were deficiencies related to egress. Ms. Moermond asked how many units there were. Mr. Wurzer responded that there were six one- bedroom units and one two-bedroom unit and that he lived in the two-bedroom unit. He said he had lived there for 41 years and that there had never been problems before and that he had nowhere else to go. Ms Moermond asked Mr. Wurzer whether he was still occupying the building. Mr. Wurzer responded that he was. Ms. Moermond asked whether there were other major issues besides the windows. Mr. Wurzer stated that a carpet needed to be replaced because of past water damage but that tfie building was in nice shape. Ms. Shaff stated that all of the units, other than the owner's unit, had been condemned for sleeping. Ms. Moermond reviewed the window dimensions. She stated that they were 21 inches in openable height. She asked about the width. Mr. Wurzer said that he was not sure. He said the basement window sill height was also an issue. Ms. Moermond stated that a step could be built to satisfy that requirement. Ms. Shaff confirmed that the other units were unoccupied. Mr. Wurzer stated the units were unoccupied and that he planned to sell the building and wanted the C of O before selling the building. Ms. Moermond stated that the orders indicated that the openable height of the egress window in Unit 102 was 6.5 inches. Mr. Wurzer stated that there had been a baz blocking the wlndow but that it had been removed. Ms. Moermond recommended granting the appeal on the C of O revocation, the condemnation and order to vacate, and egress window size. Ms. Moermond recommended denying the appeal on the egress window sill height and granted an extension for 60 days to install steps to address the sill height requirement. ' March 10, 2009 Property Code Hearing Minutes Q9-:; �j� Page 11 654 Fuller Avenue (Advanced from March 17 Legislative Hearing) Bruce Johnson (180 Mounds Boulevard, St. Paul, MN 55106) appeared on behalf of appellant, Ansel7ohnson. Ms. Moermond referred to the inspection report and asked whether the egress windows in Unit 3 were being appealed. Mr. Johnson stated that they were. Ms. Moermond referred to the inspection report which stated that the egress window dimensions were 21.5 inches high by 18 inches wide. Mr. Johnson said that there were instruciions posted for emergency window removal and that Section 8 had approved the windows in the past. Ms. Shaff stated that those windows were no longer being accepted. Ms. Moermond recommended denying the appeal on the egress windows and ��anting an extension for three months to bring the windows into compliance. � On April 1, 2009, it was noted that there were egress windows in two bedrooms in Unit 3. Ms. Moermond recommended denying the appeal on the egress windows in the north and east bedrooms and granting and extension for six months, rather than three months, to bring the windows in both rooms into compliance.