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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� � Form Approved by City Attomey By: Fozm Approved by Mayor for 5ubmission to Council � Adopted by Council: Date ���'��'�f � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green 5heet h�t -�g ►n � 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 • • A �� �1l 1 e : 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 UL;tI/LVVJ ua tl rnn o��cuw,�, _..—' --- 6�-��f(��,�� APPLICATI(�N FOR A,PPE.A�., �,�� ���� 1,��} Saim Paui Cs�y Cteric () 15 W. I�etlagg $ivd , 316 City Hal1 �'j 2 �(f SaintPeul,Minaesota5520Z ��vo U `� Telephone: (65T} 266-8fx88 �'�13� 1. hddress of Properry being Appealed, 2. Aiunabea of gweEling Usrits: 3. Bate of I,etter Agpealed: fl�j` $'� UEC�c'iR�� S� 5 4. Name af Owner: � O C2 hn V�tt! dl� �d 5173 �@J L'� Z- a-�- Address• Pi�F,�i,ei'Uf�yCy(.+i B�.�ity- 5% 1��L.1� State� 9l�liCJ Zip; S/04 ia�` 1• �, $r°� c� 5 r_ Phone �€umbers: Bu�iness C%�t1 C� Residence z� �-}� y. Cellntar �a�.- �__._ /01 q_ 5. Appp,�� f Applieaat (if ather than owner}: Phone 3�IzarixbeFS: gusiness City: gcace: Res�dence CeIIutar Signature: 6 Srate specificalFy what is beue€ a£Pealed aad wkY tUse an attachmesst if necessacy): "^ z4�M 2Fe�tlFSi7<4.�C; 1� �c9�v�v2 Ot2 �� �t��`7crCad .._ .. � , ,. ° - --- rcWi�'� z� .� NUTE: A$25.ft4 filing iee made payahle ta the Ciry csf Sasnt 2'aul mstsx aceoa�gany du€ appticat'ton a, a neeessery coA�tion for filing. 'Yau muac atWCh a cpgy of Shc oxigisial onSeis aircS am oYher cozresgoadaa� re}ative tp tLis a��egI, r�ay pe5on cu,satisHed Fry the final deeisioa of tbe C'.ity CouncF] map abiainjut$cisl revrew by ❑mety filzng of an aarnn r�grovided try law in Aistrict Coucr. ree xece�ve.�: Rec�eipt?3wnber. bate af H�g; �� ��(��D - - lMll,r��l-, lD f '� 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 �� � �� .�. . 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 Re£ # IQ5�1 � ���v} �T � �o��� ) 4�'^'� ��Or'' MRR 01:59P FROM: � ��.J 1 � � �CJZ�V}� �..L� l�11� �i ►3c-ftis�s i�; �� � � n . � � ��'� ����- P� ', �nn �rZc ► � v�n o� � v�n �� �ti.�-�„ : �2�,�, � «� s t� �3 t c t� r2, �q �- �(`�JA o 11 t A., a) �E'(�l�i' T0:6512668574 P.1 b�1 � u���� � Z . � { � �jE i� 2rn� w. � cso YZ- 30'� � rv� 0 2c d�-lo�tJ ��-' � g � Q1bt�L �=�c �� a��-Ss�y Mazch 31, 2009 Property Code Hearing Minutes Page 3 b�j-�/�i Y' 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.