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09-696Council File #�9— (p Cj � Green Sheet # 3071781 CITY OF MINNESOTA 1� 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 heazd at public hearing on June 17, 2009 hereby memorializes its decision to 3 certify and approve the May 19, 2009 decision of the Leglslative Hearing Officer for the following 4 address: 6 ADDRESS 7 8 342 Snellina Avenue South 9 :I� � �I IIiI•��Y�1 Peter Corniea 10 Decision: Grant a 2-inch variance for egress windows in Room 4; a 3-inch variance for egress windows in 11 Rooms 5 and 6; and appeal denied on the ceiling height. 12 13 Requested by Department o£ Adoption Certified y Council Secretary BY� t' / I�6.��i�erL''S�ar� Approved a Date ` (�_ BY� � � /J � Form Approved by City Attomey B Form Approved by Mayor for Submission to Council � Adopted by Council: Date �f�i��JCq � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b9 �1�9(0 DepartmentlOfficelCOUncil: Datelnitiated: GCeeC� Sheet NO 3071781 CO — Council 19-JUN-09 Contact Person 8 Phone: � Marcia Moertnond 68570 Assign Must Be on Councii Agenda by (Date): Number Por Routing Doc. Typ¢: RESOLUTION �e� E-DOCUment Required: Y Document Contact: Mai Vang ConWCt Phone: 6-8563 7otal # of Sig natu r e Pages _(Clip A Locat fo S Action Requested: Resolution memorializing City Council action [aken June 17, 2009 granting the variance for the egess window and denying the appeai on the ceiling height fot properiy at 342 Snelling Avenue South. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civif Service Commission Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): Ativantages IF Approved: DisadvanWges If Apprwed: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: 0 o��n 0 L oanN De artmentD'uector 2 " Clerk G5ri Clerk 3 � 4 � 5 C� Personal Service Contracts Must Mswer the Following Questions: 1. Has this person/firm ever worked under a conired for this depadmenY? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this pereoNfirm 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. CostlRevenue Budgeted: Activity Number: Financial Information: (Explain) 19, 2009 10:49 AM Page 1 JUt� 2 �! 2��9 �x : ,,� ?.,. 6 Gt t On R ' a� �' iii�i s2 44p9 ue• ^ May 1, 2009 Peter Corniea 2728 Zenith Ave. N Robbinsdale, MN 55422 RE: 342 Snelling Ave. S Dear Mr. Corniea: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. oy-��� Please attend the public hearing before the Legislative Hearing Officer on Tuesday, May 19, 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 OfFicer will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sin rely, � �� Shari Moore City Clerk cc: Leanna Shaff, 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 wwwsipaul.gov M�rtnative Action Equal Opportuniry Employer � ,}�:.� ���;,I �� ���� APPLICATIOI'�T FOR APPEAL Saint Paul City Clerk 15 W. Kellogg BIvd., 310 City Hall Saint Paul, Minnesota 55102 Telephone: (6�1) 266-8688 1. Address of Properry being Appealed: 3� a Snz � r,1� ;�„` s��:�� �-l���� APR 3 0 tuu� CIT`f CLERK 2. Number of Dwelling Units: I 3. Date of Letter Appealed: ( y-��,-09 , 4. Name of Owner: 7 �+� ✓ � t n� z�t Address: ���-� Z�ni'K, ��� l�i �cl�� State: Miv City: Zip: S 5 �{J-,� � Phone Numbers: Business 7�3'"�' Residence �� 3 �cG, Cellular 7 �3' � 7�''Y��i- Signature:__ � — 5. Appellanf / Applieant (if other than owner}: . - Address: City: State: Zip: Phone Nutnbers: Business Residence Cellular �ignature: 6 Stat� specifically whai is being appealed and why (Use an attachment if necessary): {� i win g ow <- ) J ( ) ` `'Q�' 1.� Q tJ�'n.ti7 /� . N [ u i�t 3 a,. O�p- Z : lCV 1 6 etYd 2•"� � C(.• v/2n � D/Je�-�-�j_,., G=e�9� f :s ��,�? i• v., /2m�a� ' vr�l.., l-,e 1 `t� S G� _ /br.i :.J b-z.k� �'�p�e.�/u:� � - ' �PC - b/e �i "i�G� ,s�✓ -�� e c.:er-F' � � � � �' e.���.a�.,t .r4.-�1�.�' .E.� �-'f .,rC.._; ,✓T�S�+ 2/I Ce �..a Y��� i /'Jnf"4 c � �cc�i 1� (y,.�.zKf h� Pc�..} ls � t-+f�) Rr„ � ti�..c.✓ W fOOa-S a'^ct ��{• J.d ' 't Ava,�. Gt 'l.:c��K. )r.�c f'i�'��"7��QatZ� jQ�f /-F (�co�..-�IX b° 7�-� -� t,.fe.V �J�uI��. Y@6H s NOTE: A$25.00 filing fee made payable to the City of Saint Paul must accompany this application as a necessary condition for. filing. You must atta"eb a copy of the original orders and any other correspondence relarive to this appeal. Any person unsatisfied by the fiaal decision of tbe City Council may obtain judicial review by umely filing of an action as providerl by law in Distsict Court. For O�fice Use Only '�� Date Received: Fee Received: Receipt Number: Date of Heazing: �� 3� f C� `� ,� 5 cn� i� � ��I � 30 Revised 4/25Y1007 DEPARTMENTSAFETY AND INSPECTIONS Fire Inspecuon Drvis�on Robert Kessler, Director � „ , „ � CTTY OF SAIIV'I' PAUL Chrrstopher B Caleman, Mayar April 16, 2009 PETER CORNTEA 2728 ZENITH AVE S ST PAUL MN 55422 375 Jackson Sneet, Snrte 220 7elephone 65l-266-9Q9Q SamtPau[,.KA'S5101-/806 RE: FIRE CERTIFICATE OF OCCUPANCY WITH DEFICIENCIES 342 SNELLING AVE S Re£ # 102243 Dear Property Representative: Your building was inspected on April 16, 2009 for the renewal of your Fire Certificate of Occupancy. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be conected immediately. A reinspection will be made on May 20, 2009 at 11:30 AM. �ailure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupied without a Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. YOU WTLL BE RESPONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES ARE THEIR RESPONSIBILITY. DEFICIENCY LIST 2. 3. Basement - Both bedrooms - SPLC 34.13 (4) - Provide and maintain an approved escape window from each sleeping room. The minimum size must be 5.7 square feet of glazed area with a minimum of 24 inches of openable height and 20 inches of openable width. Refer to provide handout EW-1 for more information. Basement - Both bedrooms - SPLC 34.13 (1) - Provide and maintain all habitable areas with a ceiling height of 7 feet over 1/2 the floor area.-Ceiling measures 78.5 inches over 3/4 of the bedrooms, other 1/4 measures 74.25 inches Basement - Both bedrooms - SPLC 34.13 (4) - Provide and maintain the egress window well in accordance with the provided EW-1 attachment. 4. Exterior - SPLC 34.09 (1) b,c, 34.32 (I ) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint. 5. Exterior - SPLC 34.09 (1) a, 3432 (1) a- Provide and maintain foundation elements to adequately support this building at all points. :3'�'.°�'� ,�� � z�. , v�l �., - x :�m� : _ -.:_-� � � . ,: '.. � : =_= _�:...�. _ ' � �.�.s — � � � �, � � . _ �� - �-.� _—= � � � � s: �= v � � ��F { : `e�.`�^^*�-m� prv u +.� +}.bG�'� ..3� � ' �t x. � - . �. ,.... ` s _ �, � � . � ''€�� .�� �=:-'. � � s�-�,. . . . _ . ,� � � �� » �' � u:� �-� �.� �v �� � W _ � � _ • _ -:- . .: f,v k�� ��'�`• 8' �� =Y� ��"vt.i�-�,.,�. �—. . Y '�„„,�� 3�'^ � . .e.: , � � _� � 3-„� �.�.... . A�� S m �� � '�` � �,s�}�vr:p ��. ^ °�,w � ��.. ".��r. �.° �` . � a _____ � :: ,. � �: _ � � � � '" - � � � May 19, 2009 Property Code Hearing Minutes b 1"�D �� Page 12 Appeal of Peter Corniea to a Certificate of Occupancy Deficiency List for property at 342 Snellina Avenue South. Appellant Peter Comiea (2728 Zenith Avenue N., Robbinsdale, MN 55422) appeared. Ms. Shaff gave a staff report. She said that she had conducted an inspection far the Fire Certificate of Occupancy and found that the openable dimensions of the double hung egress window in Room 4 were 22 inches high by 24 inches wide, and in Rooms 5 and 6 were 21 inches high by 25.5 inches wide. She said that the ceiling height in both basement bedrooms was 78.5 inches over three quarters of the area and about 74.25 inches over one quarter of the area. Ms. Moermond asked whether there were photos of the basement. Mr. Corniea said that he did not have photos. Ms. Moerxnond confirmed with Mr. Comiea that the house was a single-family rental property. Ms. Moermond said that she was comfortable with granting a variance for the egress window size but that the ceiling height would be a large variance. She asked how many bedrooms there were. Mr. Corniea said that there were six bedrooms including two in the basement. Ms. Moermond recommended granting a 2-inch variance on the openable height of the egress window in Room 4, and a 3-inch variance on the openable height of the egress windows in Rooms 5 and Room 6. She asked the appellant to provide photographs of the layout of the basement room and she would make a decision after review. After reviewing said photographs on June 1, 2009, Ms. Moermond recommended denying the appeal on the ceiling height requirement.