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09-730Council File # �! g- � 3� Green Sheet# 3072012 Presented by RESOLUTION a CITY OF�SAINT PAUL, MINNESOTA 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the June 2, 2 2009 decision of the Legislative Hearing Officer for Appeals on Letters of Certificate of Occupancy 3 Deficiency Lists for the following addresses: 4 5 Propertv Appealed Anpellant 6 7 1731 Selbv Avenue Jay Reiling 8 9 Decision: Deny the appeal on the awning windows and grant an extension for six months to bring the 10 windows into compliance. 11 12 218 Dunlap Street North John Christenson 13 14 Decision: Grant a 4.5-inch variance on the openable height of the sleeping room egress windows 15 throughout the building. 16 17 1500 Portland Avenue Craig Miller 18 19 Decision: Crrant a 7-inch variance on the openable height of the sleeping room egress windows in Unit 5; 20 trim the bush back allowing 36 inches of clearance. 21 22 1501 Seventh Street West Ronald Stoffel 23 24 Decision: Grant a 4.5-inch variance on the openable height of the sleeping room egress windows. 25 26 716 Como Avenue Moira Gaidzwana 27 28 Decision: Grant a 3-inch variance on the openable height of the sleeping room egress windows throughout 29 the building. Deny the appeal on the sill height in the basement and install approved steps. 30 31 677 Blair Avenue Jacob Wiechamann 32 33 Decision: Grant a 3-inch variances on the openable height of the sleeping room egress window in the 34 northeast bedroom and a 4-inch variance on the openable height of the sleeping room egress window in the 35 northwest bedroom. 36 37 851 Otto Avenue Yemane Mebrahtu 38 39 Decision: Crrant a 2-inch variance on the openable height of the sleeping room egress windows throughout 40 the building. 41 �-�3t� 42 2031 Yorkshire Avenue Stuart Sunek 43 44 Decision: Grant a 2.5-inch variance on the openable height of the sleeping room egress windows 45 throughout the building. 46 47 862-864 and 866-868 Sununit Avenue John Curtiss 48 o/b/o The Retreat 49 50 Decisions: Grant a 1.25-inch variance on the egress windows at 862-864 Summit Avenue. Deny the 51 appeal on the third floor window and grant an extension for four months to bring the window into 52 compliance. Grant a 5.5-inch variance on the openable height of the third floor sleeping room egress 53 window, and 3-inch variances on the openable height of the second floor front and side sleeping room 54 egress windows at 866-868 Summit Avenue. 55 56 408 Lexington Pazkwav North Eric Cybulski 57 58 Decision: Grant a 4-inch variance on the basement ceiling height. 59 60 26 Tenth Street West #802 Richard Miller 61 62 Decision: Grant the appeal. 63 64 1175 %z Davern Street Bruce Ackland 65 66 Decision: Grant the appeal on the egress windows; remove the property from the Certificate of Occupancy 67 Program. 68 Yeas Nays Absent Bostrom L / Carter f Harris r Helgen / Lantry � Stark � Thune J � � Adopted by Council: Date �j�Ll�/%j�g Adoption Certified by Counci ecretary BY L` S Approve b� M yor: ' ate �� Y � B f Requested by Department of: � Form Approved by Ciry Attorney By: Form Approved by Mayor fox Submission to Council B Approved by the Office of Financial Services G� 09-730 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � CQ _ Council � Cantact Person & Phone: ; Marcia Moermond 6-8570 i : Must Be on Council Agenda by (Date): Doc. Type: RESOLUTION E-DocumentRequired: Y Document ConWM: Mai Vang ConWct Phone: 6-8563 3o���H-o9 � ' Green Sheet NO: 3072012 � Assign Number For Routing Order ToWI # of Signature Pages _(Clip All Locations for Signature) 0 Council ----� 1 Council ' DenartmentDirector ! 2 iLl'ty Cierk CSN Clerk � 3 � i 4 I s i � Resolution approving ffie June 2, 2009 decisions of the Legislative Hearing Officer for Appeals of Letters of Certificate of Occupancy Deficiency for properties at: 1731 Selby Ave, 218 Dunlap St N, 1500 Portland Ave, I501 Seventh St W, 716 Como Ave, 677 Blair Ave, 8510 Otto Ave, 2031 Yorkshire Ave, 862-864 & 866-868 Summlt Ave, 408 Lexington Pkwy N, 26 Tenth St W #802, and 1175 1/2 Davem St. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this person/frm ever worked under a contract for this departmenC? Yes No 2. Has this persoNfirm ever been a ciry employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current ciry employee? Yes PJo Explain all yes answers on separete sheet and attach to green sheet. Initiating Prablem, lssues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: Funding Source: Financial ltrformation: (F�cplain) CostlRevenue Budgeted: Activity Number: June 30, 2009 12:10 PM Page 1 09-730 MINUTES OF THE LEGISLATIVE HEARING ON LETTERS OF DEFICIENCY, COR.RECTION NOTICES AND�CORRECTION ORDERS Tuesday, June 2, 2009 Room 330 City Hall, 15 Kellogg Blvd. West The hearing was called to order at 1:35 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Inspections (DSn — Fire Prevention; and Mai Vang, City Council Offices Appeal of Jay Reiling to a Certificate of Occupancy Deficiency List for property at 1731 Selbv Avenue. Appellant 7ay Reiling (P. O. Box 270931, St. Paul, MN 55127) appeared. Ms. Moermond asked for clarification of the correction order addressing the egress windows. Ms. Shaff stated that the windows were awning windows. Ms. Moermond asked how many awning windows there were and which units they were in. Ms. Shaff confirmed with Mr. Reiling that there were three apartments upstairs and one apartment downstairs and that all of the windows in the upstairs apartments were the same. Mr. Reiling stated that the windows seemed large enough and that he didn't know what the issue was. Ms. Moermond asked for a clarification of the length and width measurements listed in the inspector's report. Mr. Reiling stated that that the height was the shorter measurement. Ms. Moermond confirmed that that meant that the height was 24 inches and the width was 39 inches. Ms. Shaff described the window configuration based on the inspector's report. Ms. Moermond asked Mr. Reiling whether he had photos. Mr. Reiling referred to the drawings included with the appeal asid described the configuration of the windows. He said he had proposed hinging the windows on one side to provide more opening space. Ms. Moermond asked about the replacement window proposed in the appeal. Mr. Reiling responded that his preference would be to leaue the windows as they were but if that were not possible he could hinge the windows at the top. Ms. Shaff described the typical arrangement of the hardware for awning windows and stated that they were not acceptable for egress because the positioning of the hardwaze restricted the opening area or the windows did not stay open. Ms. Moermond stated that it was hard to tell which dimensions the inspector had been measuring given tl�e description of the windows. Ms. Shaff stated that she assuxned the inspector had measured the opening size. Ms. Moerxnond recommended denying the appeal on the awning windows. June 2, 2009 Property Code Hearing Minutes 09-730 Page 2 Mr. Reiling stated that the building had been built in the 1960s and the windows had not been an issue before. Ms. Moermond stated that the code addressing egress windows was an old code but that the department had done some training on the issue and the code was being more consistently enforced. Ms. Moermond asked Mr. Reiling how much time he needed to have the windows replaced. Mr. Reiling responded that he'd like some time to find egress windows that maintained consistency with the other windows in the building. Ms. Moermond recommended granting six months to bring the windows into compliance. 2. Appeal of 7ohn Christensen to a Certificate of Occupancy Deficiency List for property at 218 Dunlap Street North. Appellant John Christensen (P.O. Box 40273, St. Paul, MN 55104) appeared. Ms. Moermond confirmed with Mr. Christensen that the windows were the only items being appealed. She read from the inspector's report which gaue openable dimensions of 19.5 inches high by 29 inches wide for sleeping room egress windows throughout the building. Mr. Christensen stated that a lot of the windows were bigger than that. Ms. Moermond stated that every inch of shortfall in height was made up by 2 inches in extra width, and she recommended granting a 4.5-inch variance on the openable height of the sleeping room egress windows throughout the building. 3. Appeal of Craig Miller to a Certificate of Occupancy Deficiency List far property at 1500 Portland Avenue. Appellant Craig Miller (1964 Summit Avenue, St. Paul, MN 55105) appeared. Ms. Moerxnond confirmed with Mr. Miller that the Unit 5 egress window and the bush outside the window were the only items being appealed. Ms. Shaff stated that the openable dimensions of the egress window in Unit 5 were 17 inches high by 25.5 inches wide. Ms. Moermond read from the appeal that there was now 18 inches of clearance between the window and the bush. She asked how much clearance was required outside the window. Ms. Shaff said that the requirement for window wells was 36 inches and that that would probably also apply in this case. Ms. Moermond recommended granting a 7-inch variance on the openable height of the Unit 5 sleeping room egress window. She reviewed the photograph of the bush and said that it appeared it could be trimmed back allowing 36 inches of clearance. She asked that it be trimmed. 09-730 June 2, 2009 Property Code Hearing Minutes Page 3 4. Appeal of Ronald Stoffel to a Certificate of Occupancy Deficiency List for property at 1501 Seventh Street West. Appellant Ronald Stoffel (1691 Wellesley, St. Paul, MN 55105) appeared. Ms. Moermond read from the inspector's report which gaue openable dimensions of 19.5 inches high by 38 inches wide for sleeping room egress cvindows throughout the buiIding. She said the shortfall in height was more than compensated for by the extra width, and she recommended granting a 4.5-inch variance on the openable height of the sleeping room egress windows. 5. Appeal of Moira Gaidzwana to a Certificate of Occupancy Deficiency List for property at 716 Como Avenue. Appellant Moira Gaidzwana (451 Lym4iurst Avenue E., St. Paul, MN 55104) appeared. Ms. Moermond confirmed with Ms. Gaidzwana that the windows were the only item being appealed. She read from the inspector's report which gave openable dimensions of 21 inches high by 33 inches wide for sleeping room egress windows throughout the building. Ms. Moermond recommended granting a 3-inch variance on the openable height of the sleeping room egress windows throughout the building. Ms. Shaff asked about the order addressing the sill height of the basement windows. Ms. Moermond and Ms. Shaff reviewed the sill height requirements and required step unit specifications with Ms. Gaidzwana. 6. Appeal of Jacob Wiechamann to a Certificate of Occupancy Deficiency List for property at 677 B1air Avenue Appellant 7acob Wiechamann appeared. Ms. Moermond confirmed with Mr. Wiechamamz that the windows were the only item being appealed. She referred to the inspector's report which gave openable dimensions of 21 inches high by 24 inches wide for the northeast bedroom, and 20 inches high by 28 inches wide for the northwest bedroom. She said she was aware there had been some confusion about the way the two bedrooms were referenced in the inspector's report. Mr. Wiechamann stated that they were the same windows in both bedrooms and the height was 23 inches. Ms. Moermond stated that based on the smaller dimensions given in the inspector's report, she recommended granting a 3-inch variance on the openable height of the egress window in the northeast bedroom and a 4 inch variance on the openable height of the egress window in the northwest bedroom. Mr. Wiechamann stated that his tenants were applying for Section 8 and that he needed written documentation of the variance. Ms. Moermond said that either Ms. Shaff or Mai Vang would communicate directly with Section 8. June 2, 2009 Property Code Hearing Minutes 09-730 Page 4 Appeal of Yemane Mebrahtu to a Certificate of Occupancy Deficiency List for properry at 851 Otto Avenue. Appellant Yemane Mebrahtu (849 Otto Avenue, St. Paul, MN 55102) appeared. Ms. Moermond coufinned with Mr. Mebrahtu that the windows were the only item being appealed. She read from the inspector's report that the openable dimensions of 41 inches high by 18 inches wide for sleeping room egress windows throughout the building. Ms. Moermond recommended granting a 2-inch variance on the openable width of the sleeping room egress windows throughout the building. Appeal of Stuart Simek to a Certificate of Occupancy Deficiency List for property at 2031 Yorkshire Avenue The appellant did not appear. Ms. Moermond recommended granting a 2.5-inch variance on the openable height of the sleeping room egress windows throughout the building. Appeal of John Curtiss, on behalf of The Retreat, to a Certificate of Occupancy Deficiency List for property at 862-864 and 866-868 Siuumit Avenue. Appellant John Curtiss (1258 Goodrich Avenue, St. Paul, MN 55105) appeared and provided photographs. Ms. Moermond confirmed with Mr. Curtiss that the egress windows were the only items being appealed. She read from the inspector's report that the openable dimensions of the third floor sleeping room egress window at 862-864 Summit Avenue were 13.5 inches high by 24.5 inches wide. Mr. Curtiss stated that they were not appealing that window size. He said that the Suuunit Hill Association had encouraged them to appeal all of the windows so that the record would show they had at least tried, and that the Association was very concerned about having to replace double- hung windows, especially with casement windows. He acknowledged that the window was not close to the required size. Ms. Moerxnond asked whether the room was an attic space that had been converted to a sleeping room. Mr. Curtiss said that it had been a bedroom for a long time. Ms. Moermond recommended granting a L25-inch variance for the second floor sleeping room egress window at 862-864 Suuunit Avenue. She recommended denying the appeal on the trurd floor window and granting four months to bring the window into compliance. She referred Mr. Curtiss to Christine Boulware with the Heritage Preservation Commission for information on historically appropriate egress windows. Ms. Moerxnond referred to the inspector's report for 866-868 SLUmnit Avenue which gave egress window openable dimensions of 18.5 inches high by 29 inches wide for the third floor sleeping room, 21 inches high by 34 inches wide for the second floor front room, and 21 inches high by 28 inches wide for the second floor side room. She recommended granting a 5.5-inch variance on the openable height of the third floor sleeping room egress window, and 3-inch variances on the openable height of the second floor front and side sleeping room egress windows. 09-730 June 2, 2009 Property Code Hearing Minutes Page 5 10. Appeal of Eric Cybulski to a Certificate of Occupancy Deficiency List for property at 408 Lexington Pkwv North. Appellant Eric Cybulski (3309 Chazleston, St. Paul, MN 55129) appeared. Ms. Moermond confirmed with Mr. Cybulski that the ceiling height was the only item being appeated. Ms. Shaff read from the inspector's report that the ceiling height in Unit 5 was 80 inches at the highest point, wkuch represented a shortfall of at least four inches. Mr. Cybulski stated that the floor sloped down, and that the ceiling might be higher over the fumished areas the inspector had not been able to measure. Ms. Shaff explained the safety issues addressed by ceiling height requirements and said that it appeared the arrangement of the fiuniture in the room meant that anyone trying to escape a fire would be restricted to the area with the shortest ceiling height. Ms. Moerxnond asked about the location of Unit 5. Mr. Cybulski stated that it was in the basement. Ms. Shaff asked whether it was a drop ceiling. Mr. Cybulski said that it was sheetrocked. Ms. Moermond asked for a description of the layout of the room. Mr. Cybulski provided a description. He said that there was a small ceiling drop at the dividing point between two rooms. Ms. Moerxnond recommended granting a 4-inch variance on the basement ceiling height 11. Appeal of Richard Miller to a Certificate of Occupancy Deficiency List for property at 26 Tenth Street West #802. Appellant Richazd Miller (26 West Tenth Street, #802, St. Paul, MN 55102) appeared. Ms. Shaff read the inspector's report relating to Unit # 802 ordering that the interior be maintained in a clean and sanitary condition and that all materials be cleared from in front of the entry door and from off of the floor. Ms. Moermond asked for a clarification of what was being appealed. Mr. Miller stated that this had been a second inspection. He said at the first inspection, he was ordered to remove obstructions to egress and he relocated a book case and removed some area rugs in response to that order. He said he checked with the property manager to make sure those were the items the inspector had been referring to. He said he checked with the property manager after the second inspection to make sure everything was in compliance and was told that it was, but learned later that there were additional items. He said that he didn't lrnow what the new orders were addressing, he felt everything was in compliance, and planned to be present for the third inspection on June 5. Ms. Moermond recommended granting the appeal. She said she would waive the appeal fee if new orders were issued and an appeal was filed. June 2, 2009 Property Code Hearing Minutes 09-730 Page 6 12. Appeal of Bruce Ackland to a Certificate of Occupancy Deficiency List for property at 1175 %z Dauern Street Appellant Bruce Acklund (1175 Davern Street, St. Paul, MN 55116) appeared. Ms. Moermond asked for confirmation that the property included two houses on the same parcel. Mr. Acklund stated that this was the case and that he lived in one and rented the other. Ms. Moermond read from the inspector's report which gave egress window openable dimensions of 15 inches high by 27 inches wide. She asked Ms. Shaff how the depariment was distinguishing the property from a duplex. Ms. Shaff stated that she was not sure but she would view it as an owner- occupied duplex. Ms. Moermond asked Mr. Acklund whether he was amending his appeal to include an appeal of the Certificate of Occupancy (C of O) requirement. Mr. Acklund said that he was. Ms. Moermond recommended the propefty be removed from the C of O program and be treated as an owner-occupied duplex. Ms. Shaff stated that in that case the orders would be referred to code enforcement. Ms. Moermond said that she was not comfortable with the height shortfall in the egress windows. Mr. Acklund stated that he had measured the height at 16 inches. Ms. Moermond stated that for a 16 inch height she would want to see 2 extra inches of width for each inch of height shortfall. She asked the appellant to provide photographs and measurements of the window opening. Mr. Acklund stated that both he and the tenant went in and out the window regularly to install the window air conditioner. Ms. Shaff asked whether there was more than one bedroom window. Mr. Acklund said that there was only one. Ms. Shaff stated that there should not be an air conditioner in the egress window. Ms. Moermond's stated that her decision on the windows was forthcoming. On June 26, 2009, Ms. Moermond reviewed the photos and the dimensions of the windows provided by the Ms. Ackland. According to Ms. Ackland, the widows in the bedrooms measured 16 inches in height by 27 inches in width. Ms. Moermond recommended granting the appeal on the egress windows.