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.