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09-644Council File # 09-644 Green Sheet # 3071483 - _ RESOlUT10N-- ----- --- - - - - --- _ -- - - �iT( Of,-;Skt�iT PAUC, IVfIN1VE�OfiA _ _ _. _ L 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. � � �.. -- ---- - 41 776 Seventh Street EasY___._ . _ - ---- -- - -- --- ___.._ __ - - -- _ _ — ar e y- ---------- — - 42 __ ._. - 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 . � �tQ 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 �► ' 0 i I Assign 4 2 Number 3 For Routing 4 Order i 5 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! _ _-- _ _ - - - - -- MII�7uT-F,S-9�=£�E �£�lAT1v�HBAR�i�. --- -- — - _ .__ _._ �— 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. � � �.. May 12, 2009 Property Code Hearing Minutes Page 2 On May 20, 2009 Ms. Moetmond-reui�we� fi3�eghotograpTuc:p=osided- d reearrmrerrd grantmg � '---- � _ .. - 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. �� �,. May 12, 2004 Property Code Hearing Minutes Appeal of David � 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 __ pp _,g �_ ug�c "�e�zenc I.ist-fer at 4S3Yan �.- _ --- �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. � � �.. 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.