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09-625Council File # v9 - i�a� Green S6eet# 3070876 ESOLUT{ON NT 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 zecord and testimony heard at public hearing on May 27, 2009 hereby memorializes its decision to 3 certify and approve the Mazch 17, 2009 decision of the Legislative Hearing Officer for the following 4 address: 6 ADDRESS 7 8 712 Osceola Avenue 9 APELLANT Robert Morse 10 Decision: Appeal denied and extension granted (120 days for bringing windows into compliance or 1 I discontinuing the use of the upstairs north room for a sleeping room). Requested by Department of: Adoption Certified by Coun�] Secretary By: ' Approve y ayo Date (� � By: � Form Approved by City Attorney Sy: Form Approved by Mayor for Submission to Council By: Adopted by Council: Date ��.�'�l/l/' � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��'CP��' Departme�MlOffice/Council: Date Initiated: co -�°°^�;� 2$_�,,.-09 Green Sheet NO: 3070876 ContaM Person & Phone: Department Sent To Person Initial/Date Marda Moertnond � O°n� � fr8570 1 ooncil De artmeatDirector Assign Z • Clerk C5 Clerk Must Be on Council Agenda by (Date): Number 3 O Routing 4 � Doc.7ype:RESOLUTION Order 5 E-DOCUment Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 Totai # of Signature Pages _(Ctip At1 Locations for Signature) Action Requested: Resolu6on memorializing City Councii action taken May 27, 2009 denying the appeal and extension granted for property at 712 Osceola Avenue, per the recommendation of the Legislative Hearing Officer. Recommendatio�s: Approve (A) or Re}ect (R): Personal Service Contracts Must Answer the FoRowing Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm 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 Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: Disadvantages If Approved: DisadvanWges IfNotApproved: Total Amount of Transaction: CosVRevenue Budgeted: Funding Source: Activity Number: Financiai Information: (F�plain) May 28, 2009 3:39 PM Page 7 F6 � O ' {C �' ���i�� a: March 4. 2009 Robert Morse 712 Osceola Ave. St. Paul, MN 55105 RE: 712 Osceola Ave. Dear Mr. Morse: CITY OF SAINT PAUL CIT'Y CLERK'S OFFICE Your appiication for an appeal has been received and processed. v�-��� Please attend the public hearing before the Legislative Hearing Officer on Tuesday, March 17, 2009 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing O�cer will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, �i������ s Shari Moore City Clerk cc: �v'° v �!I Leanna 5haff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUi, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-2668574 wwwstpaul.gov M Affirtnative Act�on Equal OpportumTy Employer APPLICATION FOR APPEAL s�c r� c�ryci� 15 W. Kellogg Blvd, 310 City Hall �' �P �� s�c r�, M��r� ssioz Telephone: (651) 266-8688 ���Fi�F MqR � q ZOp9 CITyL��� � 4_ Name of k tM o u e Acidmss: � � � 5 (�� C � �� ' �4 v' State: ��� Zap. � ` Pho�Num •Business �1Z l �`� ���� C'�� ��� � SZ} Sianahirr• t l/�� �� V' � ✓l� I�iiT 5. Appellant! Applicant (if othea than owner): City: State: Zip: Phone Numbers: Business Residence Cellulaz 6 State specifically what is being appealed and why (Use an attachment if necessary): � �vr� �� SS w1�.���,.� � v�,-�I,,� �r � �v.� � v, �T. � � 5.�.ec �'3 �� N�E A$25 .00 51ing f� made payable t the CiTy Saint Paul must accompany this application as a necessazy condition for Gliug_ You must attach a copy of the original ordeas and any other coIIesponde�e relative to this appeat. Any p�son uusatisFied by the fioal decision of the City Councii may obtain judicial review by timely filiug of an action as provided by law in Bistrict Court Date Received: Fee Received: Receipt Number. Date of Hearing: �����c�s �� d �g l/l��v�� l� �:�o CI'I'Y OF SAIN'T PAUL Chnstopher B. Coleman, Mayor February 25, 2009 ROBERT MORSE, 3R. 712 OSCEOLA AVE SAINT PAUL NIN 55105 DEPARTMENT SAFETY AND INSPECTIONS Fire Inspection Division Robert Kessler, Director oy-� � 375 J¢ckson Street, Sune 220 Tetephone� b51-266-9090 Saint Paul, MN 5570l-1806 RE: FIRE CERTIFICATE OF OCCUPANCY WTTH DEFICIENCIES 712 OSCEOLA AVE Ref.#]1018 Residential Class: C Dear Property Representarive: Your building was inspected on Februa�ry 24,-2009 for tYte renewal of your Fi�e Certifiea#e of Occupaney: Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be corrected immediately. A reinspection wi11 be made on April 1, 2009 at 1030am. Failiu to comply may result in a criminal citation or the reyocation of �he Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupled without a Cerfificate of Occupancy. The code also provides for the assessment of additional reinspection fees. XOU WII,L BE RESPONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES ARE THEIR RESPONSIBILITY. DEFICIENCY LIST 1. BASEMENT STAIIZS - SPLC 3410 (3) 3433(2) - Provide an approved guardrail. Intermediate uaiusnades rnust r.ai oe more tnan 4 incnes apan. Intermediate raiis must be provideci if the neight of the platform is more than 30 inches. 2. MAIN FLOOR UN1T - MN Stat. 299F.362 - Immediately provide and maintain a smoke detectar located outside each sleeping area. 3. MAIN FLOOR iJNTT - MSFC 703 - Provide, repair or replace the fire rated door and assembly. The minimum rating must be: 20 minutes. -Repair and maintain the door closer. 4. THROLTGHOUT - MSFC 605.1"Abatement of electrical hazards. Several three prong outlets found Lmgrounded. Properly'wire ar grovide approved outlets in accordarice witli the electrical code. This must be completed by a licensed elech and may require a permit. Contact DSI at 651-266-9090. Provide documentation. �- �as 5. � ITP�R IJNIT - NORTH BEDROOM - SPLC 34.13 (4) - Provide and maintain an approved escape window $om each sleeping room. The m;n;mum size must be 5.7 square feet of glazed azea with a m;n;mum of 24 inches of openable height and 20 inches of openable width. Refer to provide handout EW-1 for more information. -Current window only openable to 15 inches wide x 12 inches height. Net glazed area is only 235 square feet. 6. UF'PER L7NIT - STOVE - MSFC 6055 - Discontinue use of extension cords used in lieu of permanent W1ILna . 7. SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal'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 o51-266-8992 between 7:30 a.m. - 9:00 am. Please help to make Saint Paul a safer place in which to live and work. Sincerely, - A.�.1�Ieis -------- - - - - _ _ - - - - -- -- - - -- -- - - -- - - Fire Inspector Ref. # 11018 Mazch 17, 2009 Property Code Hearing Minutes 0�,� �� Page 2 1. Appeal of Robert Morse to a Certificate of Occupancy Deficiency List for property at 712 Osceola Avenue. Appellant Robert Morse appeared. Ms. Shaff stated that Inspector A.J. Neis had conducted the Fize Certificate of Occupancy inspection on February 24, 2009 and found that the openable d'unensions of the egress window in the north bedroom of the upper unit were 12 inches high by 15 inches wide. Mr. Morse stated that the egress window had never been an issue in previous inspections and that the fire escape had been added in close proximity to that room because the window was so small. He said that the room had always been a bedroom. Ms. Moermond asked whether it was a Section 8 property. Mr. Morse said that it was not. Mr. Morse submitted photographs of the property. Ms. Moermond and Mr. Morse reviewed photographs of the interior of the unit, and of the exterior of the building showing location of the third floor north bedroom and fire escape, and the size of the drop from the egress window. Ms. Shaff stated that the code required emergency escape and rescue openings far sleeping rooms on the first three floors. Ms. Moermond asked about fire escape provisions in the code. Ms. Shaff asked whether the fire escape was within the bedroom. Mr. Morse stated that it was not within the bedroom but was in close proximity to it. Ms. Moermond asked whether it was in a shazed space or in another bedroom. Mr. Morse stated that it was in a bedroom. Ms. Shaff stated that the code did not a11ow egress through another sleeping room. Mr. Morse stated that replacing the window with one that was the required size would fundamentally change the house, and that the fire escape had already changed tkte nature of the property. Ae said that the window had never been cited before and that he was appealing based upon the past precedent that had been established. Ms. Moermond asked Mr. Morse to make a drawing of the layout of the unit. Ms. Moermond and Ms. Shaff reviewed the diagram. Ms. Moermond recommended denying the appeal and granting 120 days to bring the property into compliance eithex by replacing the egress window or by discontinuing use of the upstairs north room as a sleeping room. She said that Mr. Morse could request a public hearing if he was not satisfied with her recommendation. Mr. Marse stated that the apartment was leased as a three-bedroom and that replacing the window would require a structural alteration. He said that 120 days was not adequate and requested a public hearing.