Loading...
09-887Council File # � 1� Green Sheet # 3075596 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION CITY�OF SAIy,T PAUL, MINNESOTA Presented by �S BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the August 4, 2009 decision of the Legislative Hearing Officer for Appeals on Letters of Certificate of Occupancy Deficiency Lists and Vacant Building Registration Notice and Fee for the following addresses: Propertv Appealed 523 Lexineton Pkw�North Appellant Brent Lindstrom, L& L Exteriors Decision: Grant a 1.5-inch variance on the openable height of the bedroom egress windows throughout the building. 964 Lawson Avenue East Peter & Marsha Panos Decision: Grant a 2-inch variance on the openable height of the egress window in the first floor bedroom. 1211 Randolph Avenue Matt Jackson Decision: Grant a 4.5-inch variance on the openable height of the bedroom egress windows throughout the building. 548 Minnehaha Avenue East Tanyl Olson Decision: Grant a 5-inch variance on the openable height of the egress window in the third floor west bedroom. 766 Aurora Avenue Lawrence Walker Decision: Grant a 4-inch variance on the openable height of the egress window in the upstairs bedroom. 1100 Dale Street North James Davis Decision: Deny the appeal and grant an extension to July 31, 2010 to bring the windows into compliance. 921 Hudson Road Eric Gong Decision: Grant a 2-inch vaziance on the openable height of the bedroom egress window in Unit 1. 842 Smith Avenue South John Magnuson,o/b/o 842 Properties LLC Decision: Grant a 1.5-inch vaziance on the openable height of the egress windows in all three bedrooms. 6y-�7 42 1467 Seventh Street East Douglas Ouimet, o/b/o 43 Metropolitan Management Inc. 44 45 Decision: Grant a 4-inch variance on the openable width of the bedroom egress windows in Units 101, 46 102, 110, 112, 201, 202, 211, 212, 301, 302, 311 and 312. 47 48 1200 Forest Street Wossen Zewdie 49 50 Decision: Grant a 2-inch variance on the openable height of the bedroom egress windows. 51 52 830 Laurel Avenue Tim Skelly 53 54 Decision: Grant an 8-inch variance on the openable height of the bedroom egress windows in all units. 55 56 1904 Princeton Avenue John and Mary Kattar 57 58 Decision: Deny the appeal. Boshom Carter Hazris Stazk Thune Adopted by Council: Date Yeas � Nays � Absent h Requested by Depariment of: T��i J Adoption Certified by Council ecretary B � Approved b �te � 0 By: V v� � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmentlOffice/Councili ! Date Initiatetl: ; ��� � �o -�°�°��� i,�_A��-09 ; Green Sheet NO: 3075596 , � ; �' Assign ', ; Number i For � Routing ' ; Order I i i Contact Persan 8 Phone: Marcia Moermond Must Be on Council Agenda by (Date): Type: RESOLUTION E-DOCUmentRequired: Y Document Contact: Contact Phone: o covo�a 1 Council Deoaztmeni DireMOr I 2 Citv CierR Ciri Clerk 3 4 i 5 ! II I ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution approving [he decision of the Legislative Heazing Officer on Appeals of Letters of Deficiency and Vacant Building Registrarion Fee for properhes at: 523 Lexington N, 964 Lawson E, 1211 Randolph, 548 Minnehaha E, 766 Aurora, 1100 Dale N, 921 Hudson, 842 Smith S, 1467 Seventh E, 1200 Forest, 830 Laurel, and 1904 Princeton. Recommendalions: Approve (A) or Reject (R): Planning Commission CfB Committee Civil Service Commission Personal Service Cont2cts Must Answer the Following Questions: 1. Has this persoNfirm ever worked under a contrad for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any arrent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApproved: DisadvantageslfApproved: Disadvantages If Not Approvetl: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: August 12, 2009 9:17 AM Page 1 �/-88� MINUTES OF THE LEGISLATIVE HEAR.ING ON LETTERS OF DEFICIENCY AND VACANT REGISTRATION FEES Tuesday, August 4, 2009 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:30 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Inspections (DSn — Fire Prevention; Matt Dornfeld, DSI — Code Enforcement; and Mai Vang, City Council Offices Appeal of Brent Lindstrom, L& L Exteriors, on a Request for a V ariance for a Permit for Egress Windows for property at 523 Lexin�ton Pkw�h. Ms. Moermond reviewed the inspector's report and made her recommendation prior to the hearing. The appellant was contacted and did not appear. She recommended ganting a 1.5-inch variance on the openable height of the bedroom egress windows throughout the building. 2. Appeal of Peter & Marsha Panos to a Certificate of Occupancy Deficiency List for property at 964 Lawson Avenue East. Ms Moermond reviewed the inspector's report and made her recommendation prior to the hearing. The appellant was contacted and did not appear. She recommended granting a 2-inch variance on the openable height of the egress window in the first floor bedroom. 3. Appeal of Matt Jackson to a Certificate of Occupancy Deficiency List for property at 1211 Randolph Avenue. Ms. Moermond reviewed the inspector's report and made her recommendation prior to the hearing. The appellant was contacted and did not appear. She recommended granting a 4.5-inch variance on the openable height of the bedroom egress windows throughout the building. 4. Appeal of Tarryl Olson to a Certificate of Occupancy Deficiency List for property at 548 Minnehaha Avenue East Ms. Moermond reviewed the inspector's report and made her recommendation prior to the hearing. The appellant was contacted and did not appear. She recommended granting a 5-inch variance on the openable height of the egress window in the third floor west bedroom. 6. Appeal of Lawrence Walker to a Certificate of Occupancy Deficiency List for property at 766 Aurora Avenue Appellant Lawrence Walker (629 St. Anthony Avenue, St. Paul, MN 55104) appeared. Ms. Moermond asked Mr. Walker what he was appealing. Mr. Walker said he was appealing the egress window size requirement for the window in the upstairs bedroom. August 4, 2009 Property Code Minutes fJ�t�� � Page 2 / Ms. Shaff gave a staff report. She said Inspector Neis had conducted an inspection for the Fire C of O and reported that the openable dunensions of the egress window in the upstairs bedroom were 20 inches high by 25 inches wide. Ms. Moermond recommended granting a 4-inch variance on the openable height of the egress window in the upstairs bedroom. 7. Appeal of James Davis to a Certificate of Occupancy Deficiency List for property at 1100 Dale Street North. Appellant Jim Davis appeazed. Ms. Shaff gave a staff report. She said Inspector Skow-Fiske had conducted an inspection for the Fire C of O on July 2 and noted that there was an awning-type window in Unit 1 with measurements of 42 inches in width by 31 inches in height and a 15-inch opening. Ms. Moermond said that the appeal was confusing and asked for clarification. Mr. Davis said that the window had 9.7 feet in width and height and the building had been that way for 60 years. He said he would be in compliance with all other items by the reinspection date but could not affard to replace the windows at this time. He said the new egress windows would cost $5,000. Ms. Moermond asked whether there were two units. Ms. Shaff said the inspector did not have access to Unit 2. She asked whether Unit 2 had the same type of windows as Unit 1. Mr. Davis responded that it did. Ms. Moerxnond asked for a clarification of the 15-inch window opening. Ms. Shaff described the configuration of the window and said that the hardware restricted the width to about a 21-inch opening. She asked whether it was a 2-unit mixed use building. Mr. Davis said there was an office upstairs. He reiterated that he had no problem with the other items on the list but replacing the windows would represent a terrible financial burden in this economic climate. Ms. Shaff asked Mr. Davis whether he received a bid. Mr. Davis said that his repair man had estimated the cost at about $5,000. Ms. Moermond said that a 15-inch height opening would require a larger variance than she usually would recommend. She said with shortfalls in this range, she required two inches in extra width for every inch in height shortfall and in this case, the window hardware cut the width in half. She said if it were possible to change the hardware to a side and to get one additional inch of openable height, is would be okay. Mr. Davis asked about the possibility of using different hardware. Ms. Shaff said that awning window panes were generally too heavy for hardware on just one side, and that hardware on both sides would not allow the window to be opened in one motion as was required. She said awning windows were considered "grossly non-compliant." Ms. Moermond said she would like to continue the matter for 60 days to allow Mr. Davis time to look into other hardware options and to submit a proposal. Mr. Davis said he could replace the windows if he could have a one year extension. August 4, 2009 Property Code Minutes t')Gt,�� � Page 3 _� Ms. Moermond recommended denying the appeal and granting an extension to July 31, 2010 for bringing the windows into compliance. 8. Appeal of Eric Gong to a Certificate of Occupancy Deficiency List for property at 921 Hudson Road. Ms. Moermond reviewed the inspector's report and made her recommendation prior to the hearing. The appellant was contacted and did not appeaz. She recommended granting a 2-inch variance on the openable height of the bedroom egress window in Unit 1. 9. Appeal of John Magnuson, on behalf of 842 Properties LLC, to a Certificate of Occupancy Deficiency List for properiy at 842 Smith Avenue South. Ms. Moermond reviewed the inspector's report and made her recommendation prior to the hearing. The appellant was contacted and did not appear. She recommended granting a 1.5-inch variance on the openable height of the egress windows in all three bedrooms. 10. Appeal of Douglas Ouimet, on behalf of Metropolitan Management Inc. to a Certificate of Occupancy Deficiency List for property at 1467 Seventh Street East. Appellant Douglas Ouimet (c/o Metropolitan Management, Inc., 701 S. 9` Street, Minneapolis, MN 55404) appeared. Ms. Shaff gave a staff report. She said Inspector Thomas had conducted an inspection for the Fire C of O on June 25 and reported that the openable dimensions of the sleeping room egress windows in Units 101, 102, 110, 112, 201, 202, 211, 212, 301, 302, 311 and 312 were 32 inches high by 16 inches wide, with sill heights of 46 inches. Ms. Moermond asked whether the 46-inch sill height was acceptable. Ms. Shaff said that it was and that the inspector had just reported all dimensions. She said she was concerned by the fact that there had been a fire in Unit 206 and the unit was condemned. Ms. Moermond asked Mr. Ouimet what he as appealing. Mr. Ouimet said the windows were sliders and could slide either way, and he thought the width was 17 inches. He said the windows were approved when the building was built in the 1970s, and that replacing 12 windows in a brick building would be tough. Ms. Moermond asked whether anything else was being appealed. Mr. Ouimet responded that he wasn't appealing anything else. Ms. Moermond said that with a 4-inch shortfall in width, she required 2 inches in extra height for every inch in width shortfall and that the 32-inch openable height of the windows did meet the criteria. She recommended granting a 4-inch variance on the openable width of the bedroom egress windows in Units 101, 102, 11Q 112, 201, 202, 211, 212, 301, 302, 311 and 312. August 4, 2009 Property Code Minutes ��8 � Page 4 11. Appeal of Wossen Zewdie to a Certificate of Occupancy Deficiency List for property at 1200 Forest Street. Ms. Moermond reviewed the inspector's report and made her recommendation prior to the hearing. The appellant was contacted and did not appear. She recommended granting a 2-inch variance on the openable height of the bedroom egress windows. 12. Appeal of Tim Skelly to a Certificate of Occupancy Deficiency List for property at 830 Laurel Avenue. Appellant Tim Skelly (2887 109` Court N.E., Blaine, MN 55449) appeared. Ms. Shaff gave a staff report. She said Inspector Neis had conducted an inspection for the Fire C of O on July 9 and reported that the openable dimensions of the egress windows in all seven units were 16 inches high by 37 inches wide. Ms. Moermond asked whether the windows were the only thing being appealed Mr. Skelly responded this was correct. Ms. Shaff noted from the inspector's report that the smoke detectors in Units 5 and 6 had been disabled. Ms. Moermond asked whether that had been a problem in the past or was just a problem with the current tenant. Mr. Skelly said that the tenant had pulled the battery when she was cooking something and the problem had been corrected during the inspection. Ms. Moermond recommended granting an 8-inch variance on the openable height of the bedroom egress windows in all units. She said the extra width more than made up for the shortfall in height. 14. Appeal of John and Mary Kattar to a V acant Building Registration Notice and Fee for property at 1904 Princeton Avenue. Appellants John and Mary Kattar appeared. Mr. Dornfeld gave a staff report. He said the house had been condemned for gross unsanitary conditions in 2007 by Inspector Seeley. Mr. and Mrs. Kattar had not vacated immediately and the property had been tagged. He said a six-month extension on fees had been granted at a previous hearing, there was no code compliance and the property was still a Category 2. The property was being maintained and Mr. and Mrs. Katter had been allowed to remove the placazds from the door because the appellants claimed there had been excessive break-ins due to the placards and because it was in a fairly nice neighborhood. Ms. Kattar described the break-ins and the losses they had suffered. She said her husband was unemployed, the family income had dropped by 90%, and their future was uncertain. She said they just couldn't afford the vacant building fee at this time. Mr. Kattar said there were additional costs to rent and that the total costs associated with the placards and with not being allowed to live in their home was about $50,000. August 4, 2009 Property Code Minutes �y�g � Page 5 Ms. Moermond said that a code compliance would be required before they could move back in. Ms. Kattar said that the house required a lot of work because of the break-ins and vandalism. Mr. Kattar said they repaired the doors and windows that had been damaged due to the break-ins. Ms. Moermond said it seemed that the issue was mitigating the loss and the first step was whether they were going to move back into the house or sell it which would require the code compliance inspection. Mr. Kattar said they understood what the city was requiring. Ms. Moermond said she b essed that property tases were a problem for them and that the county would act on unpaid taxes after five yeazs. She said she could divide the vacant building fee over time but did not have the power to delete it since the property met the definition of vacant building. Mr. Kattar said they were farced to move from their home and they had legal fees from dealing with the situation and could not afford more. Ms. Moermond said the $1,000 yearly vacant building fee would continue at the property and this fee was designed to motivate property owners to get properties fixed up and occupied. She recommended denying the appeal and said when the fee goes to assessment, she will recommend spreading the payments over five years.