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09-593Council File # �" � � Green Sheet # 3070696 1 2 3 4 5 6 7 8 9 10 Presented by (� BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing record and testimony heard at public hearing on May 20, 2009 hereby memorializes its decision to certify and approve the February 7, 2009 decision of the Legislative Hearing Officer for the following address: ADDRESS 2294 Marshall Avenue APELLANT The Thorne Group Decision: Appeal denied and extension granted (120 days for bringing windows into compliance). Yeas Nays Absent Carter ,/ Bostrom ,/ Harzis � Helgen � Lantry ,i Stark ,i- Thune � Adopted by Council: Date �°�Q,�p<f Adoption CertiSed by Counci Secretary BY� 9 / .� ' �i� Appro d b Ma�te (Q � By: � RESOLUTION CITY O�SAINT P/j�UL, MINNESOTA o . .� QfT Requested by Deparhnent of: � Porm Approved by City Attorney � Form Approved by Mayor for Submission to Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet G�G ��� ♦ � � Funding Source: co -ca��a� Contact Person & Phone: Marcia Moermond E8570 Must Be on Council Agenda by (Datej: Doc. Type: RESOLUTION E-DOCUment Required: Y Document Contact: Mai Vang ConWCt Phone: 6-8563 Total # of Signature Pages ` (Clip All Locations for Signature) Green Sheet NO: 3070696 1 � pe arbnentDirector r- �--� Action Requested: Resolution memorializing Ciry Council action takenP ay 20, e reco o of th eL g Hearing Officero. ys or property at 2294 Marshall Avenue to come into com liance, p Recommendafions: Approve (A) or Reject (R): Planning Commission qB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has lhis person/firtn ever worked under a contract for tAis department? Yes No 2. Has ihis person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current cily empfoyee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, \Nhen, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Appmved: ToWI Amount of Transaction: 26-MAY-09 � Assign Number For Routing Order CostlRevenue Budgeted: Financial Information: (Explain) May 26, 2009 9:48 AM pctivity Number: Page 1 � . "aA[;+'p� nF, e s, �� '��� : b°1��� APPLICATION FOR APPE��`��� Saint Pau1 City Clerk aPR �� C��� 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota 55102 ��� J ���� 'Felephone: (651) 266-8688 1. Address of Properry being Appealed: � 2. Number of Dwelliaa Units � 3. Date of Letter Appealed: 4. Name of =— Address:_�� �''"'����Ciry: S �u� State: 6i�,Q. Phone Numbers: Business 5. Appellant ! Applicant (if other than owner): Phone Numbers: Business City: Residence Ceilular Cellular 6 State specifically whai is being appealed' and why (Use a� attachment if necessary): — : '_' . � NOTE: A$25.00 filing fee made payable to the City of Saint Pau1 must accompany tlus application as a necessary condition for filing. You mnst attach a copy of the original orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review by rimely fiiing of an action as provided by la�v in IJistdct Coiut. For Office Use Only �� Date Received: Fee Received: Receipt Num r: Date of Hearing: �/��a°� ����,s� 3 ���� �„�,�/���� CTI'Y OF SAINT PAUL Christopher B. Coleman, Mayor � V /����� March 23, 2009 � ��j TF� THORNE GROUP P.O. BOX 16397 SAINT PAUL MN 55116 � ,-; DEPARTMENT SAFETY AND INSPECITONS Fire Inspechon Division Roberf KessZer, Darector � � � �jA� J"( 375 J¢dcron Street, Suite 220 SaintP¢ul, MNS5101-1806 Telephone. 65I-266-9090 i a> _> � . � _ � o� � �, . ��. n �°� � � � d f'1 t �., 5���� FIItE CERTIFICATE OF OCCUPANCY WITH DEFICIENCIES 2294 MARSH,AI,L AVE Re£ # 16502 Residential Class: A Deaz Property Representative: Your building was inspected on March 23, 2009 for the renewal of your Fire Certificate of Occupancy. Approval_for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be corrected immediately. A reinspection_will be made on Apri123, 2009 at 1:30 pm. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative �ode requires that no building shall be occupied without a Certificate of C)ecupancy. The code also provides far the assessment of additional reinspection fees. YOU WILL BE RESPONSIBLE FOR NOTIFYING TENANTS IF ANy OF THE FOLLOWING LIST OF DEFICIENCIES ARE THEIR RESPONSIBILITY. DEFICIENCY LIST All Units - All Bedrooms - SPLC 34.13 (4) - Provide and maintain an approved escape window from each sleeping room. The minimum size must be 5.7 squaze feet of glazed azea with a minimum of 24 inches of openable height and 20 inches of openable width. Refer to provide handout EW-1 for more information. - Provide one escape window from each bedroom. All windows do not meet openable height requirement (All opening measurements are taken by opening the single hung windows without tilting in lower pane.) Basement Level: Existing bedroom windows have an openable area of 12.5 inches high by 32 inches wide and a glazed area of 34 inches high by 32 inches wide. lst and 2nd Floors: Existing bedroom windows have an openable area of 17 inches high by 32 inches wide and a glazed azea of 41 inches high by 32 inches wide. 2• Boiler Room - Ceiling - MSFC 703 - Repair and maintain the required fire resistive construction with approved materials and methods. This wozk may require a permit(s). Call DSI at (651) 266-9090. - Sea1 around pipes as necessary at ceiling. 3. Unit 1- MSFC MSFC 1003.31.8 - The maYUnum number of locks on unit doors is two. Remove a11 locks in excess of two. 2 � ��` "/ 4� Unit 7- Bedroom - SPLC 34.10 (5), 34.33 (4}, 3416 - Provide and maintain interior in a clean and sanitary condition. - Abate the mold problem where be, �nning to form around window frame. 5. Unit 9- Bedroom - MSFC 1011.2 - Remove the materials that cause an exit obstrucrion. Maintain a clear and unobsh exitway. - Move storage to provide clear access to at least one bedroom egress window. 6. SPLC 3411 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a cazbon monoxide test. Submit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Burning Equipment Safety Test Report to this office. You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 310, (651-266-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, call me at 651-266-8986 between 730 a.m. - 9:00 am. Please help to make Saint Paul a safer place in which to live and work. Sincerely, Mitchell Imbertson Fire Inspection Ref. # 16502 April 14, 2009 Property Code Hearing Minutes b Gl _�G'?' Page I0 9. Appeal of The Thorne Group to a Certificate of Occupancy Deficiency List for property at 2294 Marshall Avenue. Rick Thorne appeared representing The Thome Group. Ms. Shaff gave a staff report. She said that Inspector Imbertson had conducted an inspection for the Fire Certificate of Occupancy and reported that the openable dimensions of the egress windows in the basement level bedrooms were 12.5 inches high by 32 inches wide, and in the first and second floor bedrooms were 17 inches high by 32 inches wide. Ms. Moermond said that she would recommend a variance for the first and second floor windows, but not for the basement windows. Ms Moermond asked whether they were double-hung windows. Mr. Thorne responded that they were. Mr. Thorne said that his company had purchased the building in 1988 and that the property had had no outstanding work orders on it at that time. He said that the property had 12 Certificate of Occupancy inspections over 22 years and the windows had not been changed during the time they owned the building. He said that the company had been in business for over 100 years and their properties were always well-maintained. He said that the building was not up to the current code in other areas and asked why the windows were being called out now in the middle of a recession. Ms. Moermond asked whether a recent change in procedure had led to more windows being called out now. Ms. 5haff responded that there had been egress window requirements in the building code since 1972 and in Chapter 34 of the Legislative Code far many years. Ms. Moermond stated that the shicter codes being enforced now were those that addressed safety issues. Mr. Thorne said that the same inspector had inspected an adjacent property and that they had not been called on the non-compliant windows. He said that the code should uniformly be enforced. Ms. Moermond asked whether the window wells had been cited. Ms. Shaff responded that they had not been cited but would need to be altered to accommodate new windows. She said that the arders referred to a handout with information on window well requirements. Ms. Moermond recommended denying the appeal on the basement egress windows and granting six months to bring the windows into compliance. Ms. Moermond said she would schedule the matter for a public hearing.