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09-470Council File # �9 " � �� Green Sheet # 3069b38 OF Presented by 3a 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the April 7, 2 2009 decision of the Legislative Heazing Officer for Appeals on Letters of Certificate of Occupancy 3 Deficiency Lists for the following addresses: � 5 Property Aapealed 5 7 1823 Portland Avenue 8 1923 St. Clair Avenue 9 Decision: Deny the appeal on the egress windows in Units 9& 10 at 1823 Portland and grant an extensian 10 to September 25, 2009 to bring the windows into compliance. 11 12 1506 Grand Avenue Roland Johnson 13 14 Decision: Grant a vaziance for the eeress windows in Units 9& 10 if the windows can be opened to 20 15 inches after the blind hazdware was removed. If the windows aze not openable to 20 inches after removing 16 the blind hardware, an extension is granted to September 25 to bring the windows into compliance. 17 18 1516 Criand Avenue Roland Johnson 19 20 Decision: Grant a variance for the egress windows in Units 9& 10 if the windows can be opened to 20 21 inches after the blind hardware was removed. If the windows are not openable to 20 inches after removing 22 the blind hardware, an extension is granted to September 25 to bring the windows into compliance. 23 24 2126 Fifth Street East Brian Gallagher 25 26 Decision: Deny the appeal on the egress window in fhe upper sleeping room and �ant an extension for 60 27 days to bring the windows into compliance. 28 29 3Q 31 32 33 34 35 36 37 38 RESOLUTION NT PAUL, MiNNESOTA Aaneliant Roland Johnson Mark Nedorski Decision: Grant a variance for the egress windows in all units except the basement Units 9& 10. Deny the appeal on the basement windows and grant an extension for 120 days to bring the windows into compliance. 1 b I 8 Arlineton Avenue East Chris Kornberg Decision: Grant variances on the egress windows for Units 1, 4, 5, 7, 8, ll, 12, 16 & 17. 09- ��v 39 40 41 42 43 44 45 46 47 48 1559 Fulham Street Decision: Grant a variance on the egress window for Unit 3. 380 Larpenteur Avenue West Decision: Grant variances for the egress windows. Yeas Nays Absent Bostrom „/ Car[ei Harris Helgen ,/ Lantry ,�- Siark �/ Thune � Adopted by Council: Date � Adoption Certified by Council Secre y BY� ' i Approv b a o ate � �y� By: �� Donald Lewis o/b/o Luther Seminary Cindy Kraushaar Requested by Department of.� � Form Approved by City Attorney By: Porm Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet n�i-l�7� � DeparhnentfOffice/Council: Date Inkiated: co-�°°°°�' 77-ppR-09 Green Sheet NO: 3069638 ContaM Person 8 Phone: Deoartment Sent To Person InitiallDate Marcia Moertnond o ooncit � s-8S7� 1 onnc8 De arlmentDirec[or Assign 2 ' Cleck Cti Cterk Must Be on Council Agenda by (pate): Number 3 �� For 4 0 Routim� Doc.Type:RE50LUTlON Order g 0 E-DOCUment Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 Totaf # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution approving the Apri17, 2009 decisions of the Legislative Hearing Officer for Appeais on Letters of Certificate of Occupancy Deficiency Lists for properties at 1823 Portland Avenue, 1506 Cnand Avenue, 1516 Grand Avenue, 2126 Fifth Street East, 1923 SL Clair Avenue, 1618 Arlington Avenue East, 1361 Conway SReet, 1559 Fulham S[reet, and 380 Larpenteur Averme West. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Plannirtg Commission 1. Has this person/firm ever worked under a contract tor this departmenl? GB Cammittee Yes No Civil Service Commission Z. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any cufrent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DiSadvanWges If Approved: DisadvanWges If Not Approved: Total Amount of CosHRevenue Budgeted: Transaction: Funtling Sou�ce: .4ctivity Number: Financial Information: (Explain) April 27, 2009 937 AM Page 1 D����O MINiJTES OF THE LEGISLATNE HEARING ON LETTERS OF DEFICIENCY, CORRECTTON NOTICES AND CORRECTION ORDERS Tuesday, Apri17, 2009 Room 330 City Hall, 15 Kellogg Blvd. West The hearing was called to order at 1:35 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Inspections (DSn — Fire Prevention; Mike Urmann, DSI — Fire Prevention; and Mai Vang, City Council Offices Appeal of Roland Johnson to a Certificate of Occupancy Deficiency List for property at 1823 Portland Avenue. Appellant Roland Johnson appeared. Staff reports and testimony for all three of Mr. Johnson's property were taken together. Mr. Urmann stated that all three buildings were otherwise compliant but had violations in egress window openable height. He said that the glazed area of the windows was adequate. Ms. Moermond confirmed that there were five units with egress window violations: Units 9 and 10 at 1823 Portland Avenue, Units 9 and 10 at 1506 Grand Avenue, and Unit 9 at 1516 Grand Avenue. She reviewed the inspector's reports which indicated that the openable dimensions of the sleeping room egress windows were as follows: 1823 Portland, Unit 9: 15 inches high by 27 inches wide, and 16 inches high by 28 inches wide 1823 Portland, Unit 10: 14 inches high by 26.5 inches wide 1506 Grand, Unit 9: 18 inches high by 29 inches wide 1506 Crrand, Unit 10: 18 inches high by 28.5 inches wide 1516 Grand, Unit 9: 18 inches high by 29 inches wide Mr. Johnson stated that the blinds took about 2.5 inches from the openable height. Ms. Moermond stated that she would be comfortable with the removal of the blind hatdware being the so]ution fox the windows in the Grand Avenue properties if the windows could be made to open to a height of close to 20 inches. She said that she was not comfortable with the height shortfall in the Portland Avenue units and that those windows would need to be replaced. Mr. Johnson stated that the existing windows were easy to remove. Ms. Moermond said that Fire did not accept those windows. Mr. Urmann said that removing the windows required several motions and that the code required emergency egress that did not require more than one motion to open. Ms. Moermond recommended denying the appeal on the egress windows in Units 9 and 10 at 1823 Portland and granting an extension until September 2�, 2009 for bringing the windows into compliance. April 7, 2009 Property Code Hearing Minutes ��/� � j� Page 2 2. Appeal of Roland Johnson to a Certificate of Occupancy Deficiency List for property at 1506 Grand Avenue. (See full minutes under #1) Ms. Moermond recommended granting a 4 inch variance on the openable hei„uht of the egress windows in Units 9 and 10 if the windows could be opened to 20" after the blind hardware was removed. She asked Inspector Urmann to contact her if the windows were not openable to 20 inches after the blind hardware was removed, and recommended granting an extension to September 25, 2009 for bringing the windows into compliance if she was not able to recommend a variance. Appeal of Roland Johnson to a Certificate of Occupancy Deficiency List for property at 151 b Grand Avenue. (See full minutes under #1) Ms. Moermond recommended granting a 4 inch variance on the openable height of the egress windows in Unit 4 if the windows could be opened to 20" after the blind hardware was removed. She asked Inspector Urmann to contact her if the windows were not openable to 20 inches after the blind hardware was removed, and recommended granting an extension to September 25 for bringing the windows into compliance if she was not able to recommend a variance. 4. Appeal of Brian Gallagher to a Certificate of Occupancy Deficiency List far property at 2126 Fifth Street East. (original hearing held on March 10) Appellant Brian Gallagher (5324 45` Avenue S, Minneapolis 55417) appeared. Ms. Shaf£ stated that the openable dimensions for the windows in the upper sleeping room were 39 inches high by 12 inches wide, and 15 inches high by 23.5 inches wide. Mr. Gallagher stated that he was hoping to get a variance on the second window. Ms. Moermond recommended denying the appeal on the egress window in the upper sleeping room and granting an extension 60 days from the date of the hearing for bringing the window into compliance. Appeal of Mark Nedorski to a Certificate of Occupancy Deficiency List for property at 1923 St. Clair Avenue Appellant Mark Nedorski (366 Snelling Avenue S., St. Pau155105) appeared and provided photographs of the exterior of 1923 St. Clair Avenue and 1915 St. C1air Avenue. Mr. Nedorski said that 1915 St. Clair would be inspected sepazately but that he'd like to appeal the egress window size requirement for both. He said he'd owned the property at 1415 St. Clair since 1997 and the wlndows had never been cited before, and that he'd recently gone to great expense to replace the windows. He said that it seemed like window size was a new requirement and that the Apri17, 2009 Property Code Hearing Minutes � ; j�D Page 3 vi �1 inspector had passed right by the fire extinguisher and other items and had immediately measured the e�ess windows. Ms. Shaff stated that the permit tbat had been pulled in 2001 for the windows had not been closed. Mr. Nedorski stated that he had done the work himself. Ms. Moermond stated that it was not clear from the inspection report whether all units had sleeping room egress windows with openable dimensions of 19 inches high by 27.5 inches wide. Ms. Shaff stated that she thought those windows were in all units except Units 9 and 10. Ms. Moermond stated that she would recommend that the council grant a variance for the windows with the 19_5 inch openable height but that she was not comfortable with the windows with the 12.5 inch openable height. Ms. Moermond asked for a clarification of the permit situation. Mr. Nedorski clarified that he had owned 1915 St. Clair since 1997 but had only owned 1923 St. Clair since 200b, and that no permits had been pulled during his ownership. Ms. Shaff stated that it had been a roofing permit that had been pulled in 2001 and that it had been for 1923 St. Clair. She said that there should have been a permit pulled far the window replacement. Ms. Moermond recommended ganting a 5 inch variance on the openaUle height of the egress windows in a11 units except 9 and 10. She recommended denyitig the appeal on the egress windows in Units 9 and 10 and granting an extension of 120 days for bringing the windows into compliance. She said that she would hold her decision on 1915 St. Clair until she'd seen the inspection report. 7. Appeal of Chris Komberg to a Certificate of Occupancy Deficiency List for property at 1618 Arlineton Avenue East. Appellant Chris Kornberg (980 85 Avenue N.W., Coon Rapids 55433) appeared. Ms. Moermond reviewed the inspection reports which stated that the openable dimensions of the egress windows in the main floor sleeping rooms was 21 inches high by 24.5 inches wide. She recommended granting a 3 inch variance on the openable height of the egress windows. She said that the information about the variance would be communicated to Section 8. 9. Appeal of Greg Mailand to a Certificate of Occupancy Deficiency List for property at 1361 Conwav Street. Appellant Gregory Mailand (149 E. Thompson Avenue #210, W. St. Pau155118) appeared. Ms. Moermond reviewed the inspectian report which stated that the openable dimensions of the e�ess windows in Units 1, 5, 7, 11, 12 and 16 were 19 inches high by 43 inches wide; and in Units 4, 8 and 17 were 20 inches high by 30 inches wide. Mr. Mailand stated that he had other buildings with identical windows. Ms. Moermond recommended granting a 5 inch variance on the openable height of the egress windows in Units 1, 5, 7, 11, 12 and 16; and a 4 inch variance on the openable height of the egress Apri17, 2009 Property Code Hearing Minutes �. J��(� Page 4 windowa in Unita 4, 8 and 17. She said she'd hold her decision on the other buildings until she'd seen the orders. 12. Appeal of Donald Lewis, on behalf of Luther Seminary, to a Certificate of Occupancy Deficiency List far property at 1559 Fulham Street. Steve Melin (2481 Como Avenue, St. Pau155108) appeared on behalf of the appellant, and provided photographs of the building. Ms. Moermond reviewed the inspection report which indicated that the openable dimensions of the sleeping room egress window in Unit 3 was 18.25 inches high by 23 inches wide. She asked what type of window it was. Mr. Melin stated that it was a double-hung window. Mr. Melin and Ms. Moermond reviewed the photographs. Ms. Moermond asked why the one unit was different from the others. Mr. Melin said that he did not know. Mr. Melin stated that the window was on grade and that it could probably be opened to 19 inches if it had a narrower si1L He said the windows had not been cited in previous inspections. He said tl�at sill height had been cited in the past and had been addressed. Ms. Moermond stated that because the window was on grade and was double-hung she would recommend granting a 5.75 inch variance on the openable height of the sleeping room egress window in Unit 3. 6. Appeal of Cindy Kraushaar to a Certificate of Occupancy Deficiency List for property at 380 Larpenteur Avenue West. Appellant Cindy Kraushaar (7831 E. Bush Lake road, Bloomington 55439) appeared and provided photographs of the building. Ms. Shaff stated that the openable dimensions of the egress windows ion a11 sleeping rooms was 18 inches high by 29 inches wide, and that most sleeping rooms had a second window measuring 14 inches high by 35 inches wide. Ms. Kraushaar stated that she had an identical property being inspected in two weeks. She said that the comer apartments had two bedrooms and the bigger bedroom had two windows but that all of the windows had the same openable height. She said that the widths were different but the height was the same, and she asked whether the windows could be re-measured. Ms. Moermond asked that the window dimensions be re-measured. She recommended granting a variance if the openable height of the egress windows was at least 19 inches. Ms. Shaff stated that she would communicate with Section 8 regarding the Section 8 apartment. On April 22, 2009, Inspector Martin re-measured the windows and all had openable heights of at least 19 inches. Ms. Moermond recommended granting a variance on the openable height for the egress windows.