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09-643Council File # 09-643 Green Sheet# 3071481 _ _ � CI Presented by �j�"� 1 RESOLUTION � SAINT PAUL, MINNESOTA 1 BE IT RESOLVED, that the Council of the Ciry of Saint Paul hereby certifies and approves the May 5, 2 2009 decision of the Legislarive Hearing Officer for Appeals on Letters of Certificate of Occupancy 3 Deficiency Lists and Vacant Building Registration Notices and Fees for the following addresses: 4 5 Propertv Appealed Appellant 6 7 1007 Marshall Avenue Adam Friedman 8 9 Decision: Grant a 4-inch variance on the openable height of the south bedroom egress window. 10 11 765 Jackson Street Edwazd Ukato 12 13 Decision: Grant 5-inch variances on the openable height of the sleeping room egress windows in Units 2, 14 3, 4 and 6; and grant 2-inch variances on the openable height of the sleeping room egress windows in Unit 15 5. 16 17 1282 Ha¢ue Avenue Nneka Morgan 18 19 Decision: Grant a 4-inch variance on the openable height of the egress windows on the main floor sleeping 20 rooms, and a 1.5-inch variance on the openable height of the egress window in the upper-middle floor 21 sleeping room. Deny the variance for the egress windows in the upper-rear floor sleeping room and grant 22 an extension to August 1, 2009 to bring into compliance. 23 24 616 Ivy Avenue East Blas Auacho-Marquez 25 26 Decision: Grant a 4-inch variance on the openable height of the egress windows in Units 2, 3 and 4; grant 27 a 6-inch variance on the openable height of the egress window in Unit 1. Deny the variance for the egress 28 windows and grant an extension far six months to bring the windows into compliance in Units 5, 6 and 7. 29 30 913 Russel Street Jessica Williams 31 32 Decision: Deny the variance for the egress windows and grant an extension for six months to bring the 33 windows into compliance. 34 35 914 Burr Street Koua Moua 36 37 Decision: Deny the variance for the egress window and to install steps to address the sill height and grant 38 an extension for six months to bring the first sleeping room in unit 1 into compliance. D 9-643 39 803 Watson Avenue Jessica Teske _ 40 _ _... – _ __ _--- ---------- - - — 41 Decisions: Grant a 2-inch variance on the openable height of the egress windows in fhe steeping iooms. 42 43 126-134 Victoria Avenue South Katherine Curran 44 45 Decision: Deny the appeal and grant an extension to January 29, 2010 to repair the ceiling in the basement 46 storage room and to install a fire door on the laundry room. 47 48 1552 Blair Avenue Neil Hendrickson 49 50 Decision: Grant a 2-inch variance on the openable height of the egress window in the first floor sleeping 51 room. 52 53 1164 Seventh Street East Sue Fun Liu 54 55 Decision: Waive the vacant building fee for four months. 56 Requested by Depariment o£ � Form Approved by City Attorney By: Adopted by Council: Date Vy ��� ��R1 Ado fied uncil S taerec ry� By� Approved by yo • � 7i7 By: Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services By: � Green Sheet Green Sheet Confact Person & Phone: Marcia Must Be on Council Agenda by (Date): Doc. Type: RESOLUTION E-DocumentRequiretl: Y Document Contact: GontactPhone: � Assign Number For Routing Order 09-643 Green Sheet Green Sheet Green Sheet Green Sheet o co�o�u ;� 1'Couucil '� I Department Directar i 2 C5ty Cierk C7� 'tv Cle� 3 —� 4 ' I � �—� 5 I L I Totai # of Signature Pages _(Clip All Locations for SignaWre) Resolution approving the decisions of the Legislarive Hearing Officer on Appeals of Letters of Deficiency and Vacant Building Registration Fee for the following properties: 1007 Marshall Avenue, 765 Jackson Street, 1282 Hague Avenue, 616 Iry Avenue East, 913 Russel Street, 914 Burr Street, 803 Watson Avenue, 126-134 Victoria Avenue South, 1552 Blair Avenue, and 1164 Seventh Stceet East. Recommendalions: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has ihis person/frm ever worked under a contrad for this department? Yes No 2. Has this person/firm ever 6een a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No 6cplain aIl yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amaunt of Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Butlgeted: Activity Number: � June 10, 2009 9:56 AM Page 1 �,, ,. MINUTES OF THE LEGISLATNE HEARING - --- f3RI LE'�T�RS OF D��ICIEN�Y, COR�tECTFON NOT�G&S -- AND CORRECTION ORDERS Tuesday, May 5, 2009 Room 330 City Hall, 15 Kellogg Blvd. West The hearing was calied to order at 1:45 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Inspections (DSn — Fire Prevention; and Mai Vang, City Council Offices Appeal of Adam Friedman to a Certificate of Occupancy Deficiency List for property at 1007 Marshall Avenue. Appellant Adam Friedman (112 Western Avenue #3, St. Pau155102) appeued. Ms. Shaff gave a staff report. She said that Inspector Neis had conducted an inspection for the Fire Certificate of Occupancy and reported that the openable dimensions of the egress window in the south bedroom were 21 inches high by 25 inches wide. Ms. Moermond recommended granting a 4-inch variance on the openable height of the south bedroom egress window. 2. Appeal of Edward LJkatu to a Certificate of Occupancy Deficiency List for property at 765 Jackson Street. Appellant Edward iJkato (Box 130383, St. Pau155113) appeared. Ms. Shaff gaue a staff report. She said that Inspector Girling had conducted an inspection for the Fire Certificate of Occupancy and reported that the openable dimensions of the sleeping room egress windows were 19 inches high by 34 inches wide in Units 2, 3 and 4; 22 inches high by 34 inches wide, and 23.5 inches high by 24 inches wide in Unit 5; and 19 inches high by 32 inches wide in Unit 6. She said she had some questions about which windows had been replaced under permit and said that it appeared that a window permit pulled in 2002 that had been closed without approval. Ms. Moermond stated that if the window replacement had been done under permit and the replacement windows had been approved, the department would withdraw the orders. She said that inespective of the permit situation her recommendation was to grant 5-inch variances on the openable height of the sleeping room egress windows in Units 2, 3, 4 and 6; and 2 inch variances on the openable height of both sleeping room egess windows in Unit 5. Appeal of Nneka Morgan to a Certificate of Occupancy Deficiency List for property at 1282 Ha�ue Avenue. The appellant did not appear. Ms. Moermond recommended granting a 4-inch variance on the openable height of the main floor sleeping room egress window, and a 1.5 inch variance on the openable height of the upper middle sleeping room egress window. She recommended denying the d 9-643 May 5, 2009 Property Code Hearing Minutes Page 2 appeal on the upper rear sleeping room egress window and granting an extension to August 1 for _brmgirig the winctaw into compii�ce: - -- ----- - ----_. _------ — . -- - . - - -- __ - _ 4. Appeal of Blas Ruacho-Mazquez to a Certificate of Occupancy Deficiency List for property at 616 Iw Avenue East. Appellant Blas Ruacho-Marquez (1420 6` Avenue S., S. St. Pau155075) appeared. Laura Carroll, PED, provided Spanish interpreter services. Ms. Shaff gave a staff report. She said that Inspector Thomas had conducted an inspection far the Fire Certificate of Occupancy on April 13 and reported that the openable dimensions of the sleeping room egress windows were 20 inches high by 31 inches wide in Units 2, 3 and 4; 15 inches high by 32 inches wide in Units 5 and 7; 15 inches high by 28 inches wide in Unit 6; and 18 inches high by 36 inches wide in Unit 1. Ms. Moermond recommended granting variances on the egress windows in Units 1, 2, 3 and 4. She said that the openable heights of the egress windows in the other three units were considerably too short and she recommended denying the appeal on those windows. Mr. Ruacho-Marquez asked whether replacing the windows would require a structural change and whether a different type of window could be used. Ms. Moermond referred him to the DSI handout addressing egress windows. She recommended granting six months for bringing the windows in Units 5, 6 and 7 into compliance. Mr. Ruacho-Marquez asked whether the work needed to be done under permit. Ms. Shaff responded that it did. Appeal of Jessica Williams to a Certificate of Occupancy Deficiency List for property at 913 Russel Street. Appellant Jessica Williams (214 12` Street W., Hastings 55033) appeared. Ms. Shaff gaue a staff report. She said that Inspector Thomas had conducted an inspection for the Fire Certificate of Occupancy and reported that the openable dimensions of the egress windows in both bedrooms were 11 inches high by 38 inches wide. Ms. Moermond asked whether the windows were double hung and whether the height of the opening was 22 inches. Ms. Williams stated that the opening size was twice the 11 inch openable height and that the windows were very wide. She said that one of the bedrooms was being used just for a dog. Ms. Moermond stated that the 11 inch openable height was very short. Ms. Williams asked whether she could have six months to bring the windows into compliance. Ms. Moermond asked whether the house was occupied. Ms. Williams said that it was occupied and that the windows had been that way for a long time. She said that she'd owned the house since 2007 and had been requesting a Certificate of Occupancy inspection but DSI had not been able to schedule an inspection until now. d9-643 May 5, 2009 Property Code Hearing Minutes Page 3 Ms. Moermond recommended denying the appeal and granting six months for bringing the — wirniows u2tv comgliance. She asiced that the egress window in the mom crzrrentiy-being-used as a sleeping room be done first. - 6. Appeal of Koua Moua to a Certificate of Occupancy Deficiency List for property at 914 Burr Street. Appellant Chia Koua Moua appeared. Ms. Shaff gave a staff report. She said that Inspector Thomas had conducted an inspection for the Fire Certificate of Occupancy on Mazch 26 and reported that the openable dimensions of the egress window in the first bedroom in Unit 1 were 15 inches high by 23 inches wide, and that the sill height in the second bedroom in Unit 1 was 50 inches. Ms. Moermond stated that a step would have to be built to address the sill height in the second bedroom. She asked Ms. Shaff to clarify the step requirement. Ms. Shaff described the requirements for the step unit. Mr. Moua stated that he was moving into the house and asked whether the changes still needed to be made. Ms. Shaff said that they did. Ms. Moermond stated that sill height needed to be addressed and was a simple fix She said that the openable dimensions of the egress window in the first bedroom in Unit 1 were 15 inches high by 23 inches wide, and that the window would have to be replaced. Mr. Moua stated that the house was stucco and he didn't know how he would install a larger window. Ms. Moermond asked whether the window was a double-hung window. Mr. Moua said that it was. Ms. Moermond stated that the existing opening could probably accommodate another window style that would comply with the code. Ms. Moermond recommended denying the appeal and granting six months for bringing the egress window in the first bedroom in Unit 1 into compliance and for installing a step to address sill height in the second bedroom in Unit 1. Mr. Moua asked whether a licensed contractor was required. Ms. Shaff stated that a licensed contractor was required to pull permits for work on a single-family home. Appeal of Jessica Teske to a Certificate of Occupancy Deficiency List for property at 803 Watson Avenue. Appellant Jessica Teske (373 Garden Drive, Delano, MN 55328) appeared. Ms. Shaff gave a staff report. She said that Inspector Neis had conducted an inspection for the Fire Certificate of Occupancy on Apri13 and reported that the openable dimensions of the egress window in the upper unit front bedroom were 22 inches high by 22 inches wide. She asked whether that was the only window issue. Ms. Teske said that the property manager had told her the inspector had not measured all of the windows. She said that the property manager had measured the windows at 23 inches by 23.5 inches. 09-643 May 5, 2009 Property Code Hearing Minutes Page 4 - Ms. Shaff stated that the report indicated that there were items blocking the egress window in the — --- rear unit: Teska stated tirat ti�ose tenants lrad beerr evicted aixi ti�atti�isind-beeireorreefed:--- -- — - — --------_— Ms. Shaff stated that the other issue was scraping and painting the garage. Ms. Teske stated that that was no longer being appealed. Ms. Moermond recommended granting a 2 inch variance on the openable height of the sleeping room egress windows. 9. Appeal of Katherine Curran to a Certificate of Occupancy Deficiency List for property at 126-134 Victoria Avenue South Victoria Commons association officers Susan Buzenberg and Bob Horn appeared on behalf of Katherine Curran. Ms. Shaff gave a staff report. She said that Inspector Neis had conducted an inspection on April 3 for the Fire Certificate of Occupancy and that a few items were being appealed. Mr. Horn stated that a number of things had been fixed. He referred to Item 1 on the deficiency list and said that the ceiling had been patched. He stated part of the ceiling in the storage room was bowed and that the association's position was that it would be an expensive fix and that no one used the room. He said he'd pushed against the ceiling and that it was pretty firm. He said the door in Item 2 had been missing for a long time and that the ceiling and door had never been cited before. He stated there was a fire door between the laundry area and the boiler room and the missing door was at the other end of the long laundry room, and the basement was all cement construction. Ms. Moermond asked for a diagram of the basement. Mr. Horn stated that he would provide one before leaving the hearing. He said that the building was safe due to the brick and cement construction. He referred to the deficiency list and said Item 3 was completed, Item 4 would be taken care of, and the heating facility service addressed in Item 5 had been completed two days before the inspection and the tags had been hanging on the boilers. He said the report should have been mailed to the inspector. Ms. Shaff recommended that they confirm with the inspectar that the report had been received. Ms. Moermond stated that the two remaining items were the fire door and the starage room ceiling. She asked for the size of the storage room. Mr. Horn stated that it was approximately 15 feet by 20 feet and the ceiling was bowed over about a third of the room. He said they would have to get contractor estimates for the repairs. Ms. Moermond asked about the fire door. Mr. Horn stated that they had priced doors at Menards. He said they would make the corrections but it seemed like there was a new set of items on this inspection that had not been cited before. Ms. Moermond responded that the inspectors had hundreds of items to look at and tliat some iYems were more visible than others. She said the door would have to be installed and the ceiling repaired, and asked how much time was needed. Mr. Horn asked whether it could be done after the first of the year in the next budget cycle. �9-643 May 5, 2009 Property Code Hearing Minutes Page 5 Ms Moermond recommended denying the appeal and granting unril January 29, 2010 for repan --- the bowed ceiling iir the basement storage raom and instaliing the laundry room fxre door. --- -- - NIr. Horn asked whether there would still be a re-inspection. Ms. Shaff stated that Inspector Neis would srill want to check the items that had already been completed, and that another follow-up inspection would be scheduled sometime after 7anuary 29, 2010. 10. Appeal of Neil Hendrickson to a Certificate of Occupancy Deficiency List for property at 1552 Blair Avenue Appellant Neil Hendrickson (1452 Van Buren Avenue, St. Paul 55104) appeared. Ms. Shaff gave a staff report. She said that Inspector Imbertson had conducted an inspection on Apri16 for the Fire Certificate of Occupancy and that a nuxnber of issues were being appealed. She said the openable dimensions of the egress window in the first floor bedroom were 22 inches high by 22.5 inches wide, in the second floar bedroom were 18 inches high by 21 inches wide, and that there was no egress window in the basement bedroom. Mr. Hendrickson stated that there had been a fire at the property. He said the square footage of the main floor egress window exceeded what was required. Ms. Moermond recommended granted a 2 inch variance on the openable height of that window. Mr. Hendrickson stated that replacing the second floor window presented an expense issue. He said he had a negative cash flow on severa] properties and had numerous tenant problems. He stated Items 15 through 18 on the deficiency list were fire related. He said the basement was never advertised as a sleeping room. Ms. Shaff provided a photograph showing a bed in the basement room. Mr. Hendrickson stated that he had told the tenant the basement couldn't be used as a sleeping room, and the tenant had said the bed had been removed. He said that correcring small things like cover plates and switches was not a problem, but wondered how stained ceiling tiles in the bathroom represented a safety issue. Ms Moermond responded that an active leak could be a safety issue. Ms. Shaff stated that the inspectors were also enforcing the property maintenance code. Mr. Hendrickson said that he wasn't sure how the use of the basement room as a sleeping room could be policed. Ms. Moermond asked Mr. Hendrickson to come up with a proposal and suggested it could be written into the lease or an addendum to the lease. Ms. Moermond asked how many bedrooms were in the house. Mr. Hendrickson responded that there were two legal bedrooms. Ms. Moermond asked how many people were living in the house. Mr. Hendrickson responded there were four: a woman and her live-in boyfriend, and a son and daughter. He said the son was older and wasn't there all of the time. Ms. Moerxnond asked whether Ms. Shaff had a recommendation for addressing the issue. Ms. Shaff recommended a written agreement. O 9-643 May 5, 2009 Property Code Hearing Minutes Page 6 - Mr. Hendrickson stated that he had always had the intention of making the basement room a legal —-. .__- _ coulc�n't af£ord to do so rmw. He saidif a lagal egress w�do�u was-�s�al�ed,-��ere-- -- - would still be the issue of ceiling height. Ms Moermond stated fhat if 1VIi�. Hendricksori did decide to install an egress window to make the basement a legal sleeping room, she would recommend a variance for the ceiling height. Ms. Moermond asked Mr. Hendrickson to draft a written agreement, including consequences for non-compliance, to address the unapproved use of the basement area as a sleeping room and to submit a signed copy within 30 days. She recommended he submit a draft far approval before having it signed. Mr. Hendrickson stated that he did not understand items 9 or 13. Ms. Moermond stated that all painted surfaces needed to be maintained. She asked Mr. Hendrickson to suggest a timeline for painting or removing the deck. Mr. Hendrickson requested four months. Mr. Hendrickson asked whether Item 19 addressing the front door screen was a fire code issue. Ms. Shaff stated that all items on the property should be kept in good repair and that inspectors were also enforcing the property maintenance code. Ms. Moermond recommended granting two months for the repair of the screen. Mr. Hendrickson said that the fumace was brand new and that the paperwork should have been sent. He said he would fill out the smoke detector affidavits. [There was no a decision on the second floor bedroom window.] 11. Appeal of Sue Fun Liu to a Vacant Building Registration Notice and Fee for property at 1164 Seventh Street East. Appellant Sue Liu and Han Chin Liu (748 Carla Lane, St. Paul, MN 55109) appeared. Ms. Moermond referred to the property history and stated that the Lius had been working on the property for a long time. Mr. Liu stated that they had been working diligently but had encountered a lot of problems and surprises and had had trouble communicating with the city inspections office. He said they had brought a contractor, John Flares, with them who had helped them at the property and had been able to schedule Yhe inspection appoinhnent. Mr. Liu said there had been surprises in the inspection results and that one building had passed and one building had had two pages of deficiencies. He said that the two buildings were identical and that the same contractor had worked on both. He said they were very close to completing the work and did not feel it was reasonable that they should have to pay the vacanf building registration fee. He said he was retired and could not afford to pay the fee and that his retirement fund had been depleted to correct the deficiencies. Mr. Flores stated that Mr. and Mrs. Liu had been very proactive, but had gotten caught in a bad market, and between wanting to sell the property and wanting to leave it clean and vacant had ended up with a code compliance requirement. He said he questioned some of the items on the list but that the work was almost done. Ms. Moermond stated that she would request that the vacant building fee be waived for four months to allow the appellant time to complete the repairs.