09-644Council File # 09-644
Green Sheet # 3071483
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Presented by
1 BE IT RESOLVED, that the Council of the City of Saint Pau1 hereby certifies and approves the May 12,
2 2009 decision of the Legislative Hearing Officer for Appeals on Letters of Certificate of Occupancy
3 Deficiency Lists and Certificate of Occupancy Provision Fee for the following addresses:
4
5 ProaertV Appealed Appellant
6
7 1611 Stanford Avenue Bill Dunnigan
8
9 Decision: Grant a 2-inch variance on the openable height of the egress window in the main floor sleeping
10 room; and grant a variance on the openable height of the egress window in the second floor sleeping room.
I1
12 284 Maple Street Randy Yeary, o!b!o Home Equity
13 Consultants
14 Decision: Grant 4.5-inch variances on the openable height of the egress windows in the east, second floor
15 sleeping room.
16
17 619 Oakdale Avenue Michelle Kok, o/b/o CNC Property
18 Management
19
20 Decision: Grant a 3.75-inch variance on the openable height of the egress windows in Unit 614 right side
21 sleeping room, a 3-inch variance on the openable height of the egress windows in Unit 519 right and left
22 side sleeping rooms; and a 0.75-inch variance on the openable height of the egress windows in Unit 621
23 right and left side sleeping room.
24
25 1595 St. Anthony Avenue David Palmer, o/b/o Jerome
26 Properties
27
28 Decision: Grant a 3-inch vaziance on the openable height of the egress windows in a11 upper unit sleeping
29 rooms. Grant a 6-inch variance on the openable height of the egress windows in the basement units
30 provided the stops aze removed to allow an additional 2-inch window opening.
31
32 1491, 1507 & 1527 St. Paul Avenue Angie Fleming, olbJo Mid-Continent
33 Management
34 Decision: Grant a 4.5-inch variance on the openable width of the egress windows in a11 sleeping rooms in
35 Davem Pazk Aparhnents.
36
37 453 Van Buren Avenue Thao Xiong
38
39 Decision: Grant a 2-inch variance on the openable height of the egress windows in the basement sleeping
40 room.
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- 41 776 Seventh Street EasY___._ . _ - ---- -- - --
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43 Decisions: Grant a 6-inch variance on the openable height of the egress windows in the sleeping rooms in
44 Units 1 and 2.
45
46 1661 Juno Avenue Marian Biehn
47
48 Decision: Grant a 3-inch variance on the openable height of the egress windows in the sleeping rooms in
49 Units 1 and 2.
50
51 197 Kent Street Jason Parr, o/b/o JSP Kent
52 Properties LLC
53
54 Decision: Grant a 3.25-inch variance on the openable height of the egress window in the northeast
55 sleeping room in Unit 1 and the north sleeping room an Unit 4.
56
57 345 Hope Street Mai Yer Soung
58
59 Decision: Grant a 4-inch variance on the openable height of the egress windows in the sleeping rooms on
60 the second floor. The basement is prohibited from being used as a sleeping room.
61
62 1883 Goodrich Avenue Mary Ann Lally
63
64 Decision: Waive the provisional Certificate of Occupancy fee for 2009.
65
Requested by Department of.
By: i. / Ai .
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Approved by
By: �
By:
Form Approved by City Attomey
By:
Form Approved by Mayor for Submission to Council
By:
Approved by the Office of Financial Services
By:
Adopted by Council: Date �p ��� 4 O�
Adop�p�E�rtifie�U� Cpuncil Secietary 1
09-644
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet,
! ConWct Person & Phone:
Marcia
Must Be on Council Agenda by (Date):
Doc.Type:RESOIUTION
E-Dacument Required: Y
Document Contact:
ConWct Phone:
1DJUN-09
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Assign 4 2
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For
Routing 4
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ToWi # of Signature Pages, (Clip All I.ocations for Signature)
reen Sheet NO: 3071483
Resolution approving the decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency and C of O provisional fee
for the following properties: 1611 Stanford Ave; 284 Maple Street; 619 Oakdale Ave; 1595 St. Anthony Ave; 1491, 1507 and 1527
St Paul Ave; 453 Van Buren Ave; 776 Seventh Sueet E.; 1661 Juno Ave; 199 Kent Street; 345 Hope Sueeh, and 1883 Goodrich
Ave.
Recomme�dations: Approve (A) or Reject (R):
Planning Commission
C18 Committee
Civil Service Commission
Personal Service ConVacts FAust Answer the Following Questbns:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2, Has this personlfirm ever been a ciry 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, Issues, Opportunity (Who, What, When, Where, WhyJ:
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
ToWI Amount of
Transaction:
Funding Source:
Financial InFormation:
(Explain)
CosURevenoe Budgeted:
AMivity Number:
June 10, 2009 10:50 AM Page 1
Clla'f.i!
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�— f3I� L��'3"�KS"OF DEFICIENCX, CORRECTION NOTICES
ANI7 CORRECTION ORDERS
Tuesday, May 12, 2009
Room 330 City Hall, 15 Kellogg Blvd. West
The hearing was called to order at 1:35 p.m.
STAFF PRESENT: Leanna Shaff, Depariment of Safety and Inspections (DSI� - Fire Prevention;
and Mai Vang, City Council Offices
Appeal of Bill Dunnigan to a Certificate of Occupancy Deficiency List for property at 1611
5tanford Avenue.
Appellant William Dunnigan (168 Griggs, St. Paul, MN 55104) appeared.
Ms. Shaff gave a staff report. She said that Inspector Neis had conducted an inspection on Apri14,
2004 in response to a xeferral and reported that the openable dimensions of the egress window in the
second floar sleeping room were 17 inches high by 25 inches wide, and in the main floor sleeping
room were 22 inches high by 26 inches wide.
Ms. Moermond asked about the basement issue. Ms. Shaff said that it had already been abated.
Ms. Moermond asked for a description of the rooms and what was being looked for in the appeal.
Mr. Dunnigan stated that the property was an existing house in a residential area and that there was
an identical house down the block. He said he had measured the windows at 18 inches high by 27
inches wide on the second floor, and 22 inches high by 27 inches wide on the main floor.
Ms. Moermond asked how many bedrooms there were. Mr. Dunnigan responded that technically
there were three bedrooms. Ms. Moermond asked for clarification. Mr. Dunnigan responded that
there were two sleeping rooms on the second floor but that one was accessed through the other.
Ms. Moermond asked whether the second upstairs room was a legal bedroom Ms. Shaff stated that
every sleeping room required two means of egress and that egress could not be through another
room.
Ms. Moermond recommended granting a 2-inch variance on the openable height of the main floor
sleeping room egress window. She said there was a discrepancy between the window
measurements taken by the inspector and those taken by Mr. Dunnigan, and asked Mr. Dunnigan
how the measurements had been made. Mr. Dunnigan described the way he had taken the
measurements.
Ms. Moermond asked Mr. Dunnigan to re-measure the dimensions of the 2" floor egress window
and provide photographic verification. She said she would like confirmation of the window
measurement and that an 18 inch openable height was still quite short and her decision on that
window was forthcoming. She said Mr. Dunnigan could request a public hearing before the city
council if he was not satisfied with her decision.
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May 12, 2009 Property Code Hearing Minutes Page 2
On May 20, 2009 Ms. Moetmond-reui�we� fi3�eghotograpTuc:p=osided- d reearrmrerrd grantmg �
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- vanance on_the oper�ab�e tlie egress window on the second floor sleeping room.
Appeal of Home Equity Consultants to a Certificate of Occupancy Deficiency List for
property at 284 Maple Street.
Appellant Randy Yeary appeared.
Ms. Shaff gave a staff report. She said that Inspector Ricketson had conducted an inspection for the
Fire Certificate of Occupancy on Apri16, 2009 and reported that the openable dimensions of the
windows in the second floor east sleeping room were 19.5 inches high by 26 inches wide, and 24
inches high by 23 inches wide. She said it was not clear whether the property was a rental.
Mr. Yeary stated that the property was a rehab property that he had bought from a bank, and that it
was not a duplex. He said the window that was most likely to be used by a fire £ighter met the
requirements and the other one was very close, and he wasn't sure why the inspector had advised
him to appeal.
Ms. Moermond stated that there was one old reference to the property as a duplex but that currenY
records listed it as a single-fasnily home. She recommended granting a 4.5 inch variance on the
openable height of the egress window in the second floor east sleeping room. (A second window in
that room meets the code requirements.)
4. Appeal of CNC Property Management to a Certificate of Occupancy Deficiency List for
property at 619 Oakdale Avenue.
Michelle Kok, power of attorney for property owner Cory Andrews, appeared. At Ms. Moermond's
request, she provided a copy of the power of attorney. Ms. Moermond stated that she was not
comfortable with the fact that Ms. Kok had notarized the document naming her as power of
attoiney. Ms. Kok stated that Mr. Andrews had another commitment but could be contacted if
necessary.
Ms. Shaff gave a staff report. She said the appeal was for window issues in 614, 619 and 621 State
Street. She read from the inspectar's report which listed the egress window openable dimensions of
21 inches high by 28.25 inches wide in Unit 619, left side bedroom; 21 inches high by 36 inches
wide in Unit 619, right side bedroom; 23.25 inches high by 35 inches wide in Unit 621, left side
bedroom; 23.25 inches high by 27.25 inches wide in Unit 621, right side bedroom; and 20.25 inches
lug� by 25.75 inches wide in Unit 614, right side bedroom. The egress window in Unit 614, left
side bedroom, was in compliance.
Ms. Moermond recommended granting a 3.75 inch variance on the openable height of the egress
window in Unit 614, right side bedroom; a 3 inch variance on the openable height of the egress
windows in Unit 619, right and left side bedrooms; and a 0.75 inch variance on the openabie height
of the egress windows in Unit 621, right and left side bedrooms.
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May 12, 2004 Property Code Hearing Minutes
Appeal of David
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Appellant David Palmer (P.O. Box 7028, Minneapolis, MN 55407} appeared.
Page 3
Ms. Shaff gave a staff report. She said that Inspector Urmann had conducted an inspection for the
Fire Certificate of Occupancy on Apri12, 2009 and reported that the openable dimensions of all
basement egress windows were 16 inches high by 25 inches wide, and all upper egress windows
were 21 inches high by 24 inches wide.
Ms. Moermond recommended granting a 3 inch variance on the openable height of all upper unit
sleeping room egress windows. She said that in the lower units, the 8 inch shortfall in height was
only made up for by 5 inches in width. She asked what type of exterior the building had.
Mr. Palmer stated that it was a brick building. He said that the basement windows could be made to
open about two additional inches if the top stops were removed.
Ms. Moermond said that if the basement egress windows could be made to open 2 more inches by
removing the stops, she recommended granting a 6 inch variance on the openable height of the
basement unit e�ress windows.
6. Appeal of Angie Fleming, on behalf of Mid-Continent Management, to a Certificate of
Occupancy Deficiency List for property at 1491, 1507 and 1527 St. Paul Avenue.
Appeilant Angie Fleming (37 E. Isabel Street, St. Paul, MN 55107) appeared.
Ms. Moermond referred to the inspector's report which stated that the openable dimensions of the
sleeping room egress windows for all addresses being appealed were 36.5 inches high by 15.5
inches wide. �
Ms. Shaff stated thaC they were the original slider windows that were present in all 192 unifs spaced
out between 16 buildings.
Ms. Fleming stated that the buildings were built in 1964 and had a brick exterior. She said that the
two-bedroom units had one bedroom with an egress window that met requirements.
Ms. Moermond reconunended ganting a 4.5 inch variance on the openable width of the sleeping
room egress windows because the additional height compensated for the shortfall in width. Ms.
Shaff asked whether the variance would apply to all of the units in all of the buildings. Ms.
Moermond said she would prefer to wait until she had the arders in front of her. She asked what
DSPs preference �vas. Ms. Shaff stated that the windows were obviously all the same and that she
would prefer to have the variance apply to all buildings. Ms. Fleming stated that she would request
that as well.
Ms. Moermond recommended granting a 4.5 inch variance on the openable width of the sleeping
room egress windows in the Davern Park Apartments for the properties at 1491, 1507 & 1527 St.
Paul Avenue, and including the properties at 1445, 1457, 1461, 1471, 1485, 1501, 1511, 1517,
1533, 1539 & 1545 St. Paul Avenue and 1264 Davern Street.
DS!3'Z�
May 12, 2009 Property Code Hearing Minutes
Page 4
8. A eal of Thao Xion to a Certificat€�f E3ec y_ � � property y
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--- �t�venue.-�2equested a Hirlong interpreter
Appellant Thao Xiong appeared. Mai Vang provided interpretation. The appellant was offered the
option of requesting an independent intexpreter but said that Ms. Vang was acceptable.
Ms. Shaff read from the inspector's report that the openable dimensions of the basement sleeping
rooms egress windows were 22 inches high by 34 inches wide. She said the sill height met
requirements.
Ms. Moermond recommended granting a 2-inch variance on the openable height of the basement
sleeping room egress windows.
Appeal of Charlie McCarty to a Certificate of Occupancy Deficiency List far property at
776 Seventh Street East.
Appellant Charlie McCarty (617 6 Street N., Hudson, �VI 54016) appeared.
Ms. Shaff read from the inspector's report that the openable dimensions of the sleeping room egress
windows in Unit 1 were 18 inches high by 35 inches wide. She asked whether there was just one
window being appealed, Mr. McCarty responded that there were two bedrooms with the same sized
window. Ms. Shaff confirmed with Mr. McCarty that the window issue was only in Unit 1.
Ms. Moermond recommended granting a 6-inch variance on the openable height of the sleeping
room egress windows in Unit 1.
10. Appeal of Marian Biehn to a Certificate of Occupancy Deficiency List for property at 1661
Juno Avenue.
Appellant Marian Biehn appeared.
Ms. Shaff read from the inspector's report that the openable dimensions of the sleeping room egress
windows in Unit 1 were 21 inches high by 23.5 inches wide, and in Unit 2 were 21 inches high by
28 inches wide.
Ms. Moermond recommended granting a 3-inch variance on the openable height of the sleeping
room egress windows in Units 1 and 2.
1 l. Appeal of 7ason Parr, on behalf of JSP Kent Properties LLC, to a Certificate of Occupancy
Deficiency List far property at 197 Kent 8treet.
Appellant Jason Pan (1043 Grand Avenue, #140, St. Paul, MN 55105) appeared.
Ms. Shaff read form the inspector's report that the openable dimensions of the sleeping room egress
windows in the northeast bedroom in Unit 1 and in the north bedroom in Unit 4 were 20.75 inches
high by 42.5 inches wide.
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May 12, 2009 Property Code Hearing Minutes
_ Ms. Moermond recommended_grantiag-a 3�3�neh varrance on e opena�
--- win�in.the �or-theast�edraarn it� Umi I tlie north bedroom in Unit 4.
13. Appeal of Mai Yer 5oung to a Certificate of Occupancy Deficiency List for property at 345
Hope Street.
Appellant Mai Yer Soung (10680 County Road 19, Corcoran, MN 55357) appeared.
Ms. Shaff gave a staff report. She stated that Inspector Ricketson had conducted an inspection for
the Fire Certificate of Occupancy and reported that the sill height of the basement egress window
was 66 inches and the openable dimensions were 15 inches high by 27 inches wide, and the
openable dimensions of the second floor sleeping room egress window were 20 inches high by 23
inches wide.
Ms. Moermond recommended granting a 4-inch variance on the openable height of the second floor
sleeping room egress window, but was not comfortable recommending a variance for the basement
window.
Ms. Soung stated that there was a mattress in the basement room for the children to play on but that
it was not a sleeping room. She said that the tenants were Section 8 and that the basement was not
considered to be a bedroom. She said she had confirmed with the tenant that the basement room
should not be used as a sleeping room.
Ms. Moermond asked how many bedrooms there were and how many people were living in the
house. Ms. Soung responded that there were three bedrooms, and a mother with three daughters
lived there. Ms. Moermond asked how old the children were. Ms. Soung stated that they were 7 or
8, 14 and 16.
Ms. Moermond stated that the basement probably was being used as a bedroom. She asked for
additional assurance that it was not being used for sleeping and recommended an addendum to the
lease agreement outlining expectations and giving consequences for non-compliance. Ms. Soung
stated that she would write an addendum to the lease.
Ms. Moermond recommended granting the appeal if Ms. Soung made sure the mattress was
removed &om the basement and modified the lease agreement to prohibit the use of the basement as
a sleeping room.
14. Appeal of Mary Ann Lally to a Certificate of Occupancy pmvisional fee far property at
1883 Goodrich Avenue
Page 5
Ms. Moermond referred to correspondence between Bob Kessler from DSI and Councilmember Pat
Harris and stated that she would recommend that the $50.00 provisional Certificate of Occupancy
fee for 2009 be deleted and that the fee be reduced to $46.00.