09-596Council File #�- � �J j�
Green Sheet # 3070679
RESOLUTION
CITY QF
PAUL, MINNESOTA
Presented by
/
1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
2 hearing record and testimony heard at public hearing on May 20, 2009 hereby memorializes its decision
3 to certify and approve the March 31, 2009 decision of the Legislative Hearing O�cer for the following
4 address:
6 ADDRESS
�
8 115 Victoria Street South
9
F���r
Norman Mastbaum
10 Decision: Appeal denied and extension granted per the amended recommendatian of the Legislative
11 Hearing Officer (120 days for bringing windows into compliance).
Requested by Department of.
Adoption Certified by Counci] Secretary
BY r i�
Appmv��y�vla�p�� Date_
BY (��`�� � � �C�
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Form Approved by City Attomey
By:
Fozm Approved by Mayor for 5ubmission to Council
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Adopted by Council: Date ���'��'�f
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green 5heet
h�t -�g ►n
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DepartmenUOffice/Council: Date Initiated: " � � � �
CO—Council Zs-,,�.,� Green Sheet NO: 3070679
Oepartment SentTo Person InitiaVDate
CoMact Person & Phone: 0 onncil
Marcia Moermond y 0
6-8570 I o�cil i De artmentDirector
Assign p (ryClerk Cti Clerk
Must Be on Council Agenda by (Date): Number 3 �
For Q 0
Routi�g
Doc. Type: RESOLUTION �roe� 5 —
E-DocumentRequired: Y
Document Contact: Mai Vang
CunWCt Ptwne: 6•8563
Total # of Signature Pages, (CRp All locafions for Signature)
Action Requested:
Resolution memorializing Ciry Council acrion taken May 2Q 2009 denying the appeal and granting a� extension for 120 days for
property at 115 Victoria Street South to came into compliance, per the recommendation of the Legislative Heazing Officer.
Recommendations: Apprwe (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission �, Has this personlfirm ever worked under a contract for this depadment?
CIBGommittee Yes No
Civil Service Commission 2. Has this personlfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Ezplain all yes answers on separate sheet and attach to green sheeL
Initiating Problem, Issues, OppoAunity (Who, What, When, Where, Why):
AdvanWges If App�oved:
Disadvantages If Approved:
DisadvanWges If Not Approved:
Total Amaunt of
Transac[ion: CosURevenue Budgetetl:
Funtling Source: Activity Number:
FinanciallnformaGOn:
(Explainj
May 28, 2009 9:36 AM Page 1
C�TT
4
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:
March 2, 2009
Norman Mastbaum
856 Fairmount Ave.
St. Paul, MN 55105
RE: 115 S. Victoria Stree
Dear Mr, Mastbaum:
CITY OF SAINT PAUL
CTTY CLERK'S OFFICE
Your application for an appeai has been received and processed.
b�1 (�
Please attend the public hearing before the Legislative Hearing Officer on Tuesday, March�,
2009 at 1:30 p,m. in Room 330 City Hall and Cou+thouse to consider your appeal concerning
the above referenced property. At that time the Legislative Hearing Officer will hear all parties
relative to this action. Failure to appear at the hearing may result in deniai of your appeal.
Sincerely,
����� ���
Shari Moore
City Clerk
cc:
Leanna Shaff, DSI (Fire)
Phii Qwens, DSI (Fire)
Marcia Moermond, Legislative Hearing O�cer
Jerry Hendrickson, Deputy City Attorney
WF,ST KELLOGG BOULEVARD, SUITE 310 SAINT PAUi, MINNESOTA55102 Tel: 651-26(r8688 Fax: 651-266-8574 www.stpaul.gov
M�rmahve Aanon Equal Opporfumry Hmployec
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Telephone: (65T} 266-8fx88 �'�13�
1. hddress of Properry being Appealed, 2. Aiunabea of gweEling Usrits: 3. Bate of I,etter Agpealed:
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neeessery coA�tion for filing. 'Yau muac atWCh a cpgy of Shc oxigisial onSeis aircS am oYher cozresgoadaa� re}ative
tp tLis a��egI, r�ay pe5on cu,satisHed Fry the final deeisioa of tbe C'.ity CouncF] map abiainjut$cisl revrew by
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DEPARTNIENT SAFETY AND INSPECTIONS
Fire Inspectian Division
Robert Kessler, Director . � � ,
C l�l 1 Ql Jt>ilvl iAVL
Chnstopher B Co[eman, Mayor
375J¢cksan Street, Suete 22Q Telephane� 651-266-9090
S¢mt P¢ut, MP,' S5101-7806
February 20, 2004
NORMAN MASTBAUM
856 FAIRMOUNT
SAINT PAUL IvIN 55105
RE: FIRE CERTIFICATE OF OCCUPANCY WITH DEFICIENCIES
115 VICTORIA ST S
Re£ # 1Q561
Residential Class: C
Dear Property Representative:
Your building was inspected on February 19, 2Q09 for the renewal of your Rire Certificate of Occupancy.
Approval for occupancy will be granted upon compliance with the following deficiency 1ist. The items on the
list must be corrected immediately. A reinspecrion will be made on April 3, 2009 at 10:00am.
Failure to comply may result in a criminal citaYian or the revocation of the Fire Certificate of Occupancy. The
Saint Paul Legislative Code requires that no building sha11 be occupied without a Certificate of Occupancy. The
code aiso provides for the assessment of additional reinspection fees.
YOU WILL BE RESPONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF
DEFICIENCIES ARE THEIR RESPONSIBILITY,
DEFICIENCY LIST
1. ALL LTNITS - MSFC 6051 - Abatement of electrical hazards. Several three prong outlets found
improperly wired, with no ground, or wired with reverse polarity. Properly install these outlets in accordance
with the electrical code. This work must be completed by a licensed electrician, and will require a permit.
Contact DSI at 6511-266-9090
2. ALL UNTTS - MSFC 6051 Abatement of electrical hazards. All power strips, and appliances with a
grounded connection, must be plugged directly into an approved outlet. Provide an approved outlet for these
fixtures or remove.
3. BASEMENT DOOR - MSFC 703 - The fire door must not be obstructed or impaired from its proper
operation at any time.
l. BASEMENT i7NIT - MSFC 10033.1.$ - Remove unapproved locks from the exit doors. The door must
>e openable from the inside without the use of keys or special knowledge or effort. -Lower the night chain latch
�etween 36 and 48 inches from the floor.
BASEMENT UNIT - SPLC 3410 (4), 3433 (3) - Provide a bathroom floor impervious to water.
� BASEMENT i1NIT - SPLC 34.13 (4} - provide and maintain an ap�roved escape window fram each
sleeping roam. The miramum size must be . square �eet of glazed azea with a minimum of 24 inches of
openable height and Zd in��penable width. Rafer ta pravide handout EW-1 for more infvrmation.
-Window is only openable a 13 9 ches height x 31 inches wide. Glazed azoa is 7 syuaze teet. O`A �� �
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7. LAITNDRY ROOM - UtvIC 504.6 - Provide, regair ar repiace the dryer exhaust duct Exhaust duct� for
domestic ciothes dryers shall be consWcted of ineta2 and shali have a smooth inferior $nish. The exhaus� duct
shali be a minimum nominat size af four inches (1�2 mm} in diameter. The entire exhaust system skiatl be
sugported a� secured ir place.
S. LAUtVDRY ROOM - IviSFC 7�3 - Provide, repair Qr replax the fire rated daor and assembly. These
doors musY self close, tatch, fit tightly within its frame, and reu3ain c]ased.
9• UN1T 1- KITCHEN - MSFC bQ5.1 - Lteatove unappraved expased wiring and ivstall in accardance
with the electrical code. This work mayrequire a permit{s). Catl DSI at (b51) 2fi6-909i1. -Remove the Romex
running thraugh the caver plate, into an unapproved auUet
10.
ll
UNIT 1- MSFC 605.4 - Biscontinue use af a31 rnulti-plug xdapters.
iJNIT 1- MSFC ba5.5 - Discantinue use of extension cords used in lieu af permanent wiring.
12. L7NIT I- MSFC l Od3.3.1.8 - Remove unapproved Iocks &am the exit doors, The dvor must be
openable fram the itsside without the use of keys or sp�iat knowledge or effort. -Remove the slide bolt locbs
from the unft deaors.
13.
14.
15.
l6.
UI��IT i- SPLC 34.04 {3}, 34.32 (3} - Repair and maintain the window ]ocks, where missing.
I3NIT 2- ivISFC 6Q5.5 - Discontinue use aFextension cords used in ]ieu of permanent rvir`sng.
UNTT 4- MSFC 605.5 - Discontinue use af ea;tension cotds used in lieu of permanent wiring.
UI�TT 4-141SFC 1003.3.l.8 - The maximufn number af locks on unit doors is hvn. Reniove aft lacks in
excess of two.
You have the right to appeat these orders ta the Legislative Hearing Officer. AppticaYians for appeals may be
obtained at tha City Cf erks Office, Room 3 I 0, {651 �6b-8688) and must be filed within 10 days af the data of
the nd� ast ard�rs.
If you have any questinns, call me at 651-256-89g2 f�etween 7:30 a.m. - 4:00 a.m. Please lselp to make Saitrt
Paul a safer plaee in whiah to tiue and wartc.
Sinaerely,
A.J. i�Feis
Fire Insgector
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Mazch 31, 2009 Property Code Hearing Minutes Page 3
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4. Appeai of Norman Mastbaum to a Certificate of Occupancy Deficiency List for property
at ll 5 Victoria Street South. (rescheduled from Mareh 10)
Ms. Shaff reported that Inspector A.J. Neis inspected a property on February 20, 2009. The
basement unit window is openable to 13 inches in height and 31 inches in width.
Norman Mastbaum, appellant, stated that his family had owned this building for 50 years. He
believed the windows were certainly wide enough. Mr. Mastbaum presented photo�aphs.
Mr. Mastbaum explained the head of the bed is in one area. It would make more sense for the
access window to be in this other area. He did not understand the logic of going through one
window instead of another. Ms. Moermond toid Mr. Mastbaum that she would like a floor plan
to see the issue clearly.
Ms. Mastbamn stated that there were never issues with these windows in the past.
Ms. Moermond asked if this was a one-bedroom apartment. Ms. Shaff responded that the code
requires two means of egress in every sleeping room: one to go outside and one to enter back
into the apartment or house.
Ms. Moermond asked whether he measured the living room windows. Mr. Mastbaum responded
that they go all the way up.
Ms. Moermond stated that she wouid like to see a diagram of the floor plan and they can revisit
the issue later in the meering. Mr. Mastbaum responded that he will need to take it with him to
make the diagram and send it to her later.
On May 6, 2009, Ms. Moermond reviewed the documentation submitted and recommended
denying the appeal on the egress window height.