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09-932Council File i{ �9 — ��ja Green Sheet # 3076656 RESOLUTION a � SAINT PAUL, MINNESOTA Presented by 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the August 2 11, 2009 decision of the Legislative Hearing Officer for Appeals on Letters of Certificate of Occupancy 3 Deficiency Lists and Vacant Building Registration Notice and Fee far the following addresses: 4 5 Prouertv Appealed Anuellant 6 7 1275 Pavne Avenue James & Jeanine Sundberg 8 9 Decision: Grant a 4-inch variance on the openable height of the bedroom egress windows in Units l, 2, 3, 10 4,Sand6. 11 12 416 Dalv Street Glenn Britzius 13 14 Decision: Grant a 2.5-inch variance on the openable width of the egress window in the lower unit west 15 bedroom. 16 17 1163 McLean Avenue Patricia Cornish, o/b/o Rose Damsgazd 18 19 Decision: Grant a 5-inch vaziance on the openable height of the egress windows in the north and south 20 bedrooms. 21 22 921 Euclid Street Shinbay Yang 23 24 Decision: Grant a 3-inch variance on the openable height of the bedroom egress window in Unit 2. Deny 25 the appeal on the egress windows in Units 1 and 3, and granting a 90-day extension for bringing the 26 windows into compliance. 27 28 622 Hvacinth Avenue East Susan and James Shepard 29 30 Decision: Grant a 4-inch variance on the openable height of the bedroom egress windows in Units 1, 2, 3, 31 4, 5, 6 and 7. 32 33 1666 Sherburne Avenue Roger Barcus 34 35 Decision: Grant a 3-inch variance on the openable width of the basement bedroom egress window. 36 37 1401 Arcade Street Jeffrey Anderson, o/b/o 38 Anderson Funeral Home 39 40 Decision: Grant a 3.5-inch variance on the openable height of the bedroom egress window in Unit 2. �y-���- 41 885 Conwa,�eet Michael Gudejko 42 43 Decision: Grant a 2-inch variance on the openable height of the egress windows in all three second floor 44 bedrooms. 45 46 1376 Laurel Avenue Jason Chu, o/b/o Xavier 47 Inveshnent LLC 48 49 Decision: Granting a 3.5-inch variance on the openable height of the egress window in the second floor 50 sleeping room and grant 2 inch variance on the basement ceiling height on the condition the appellant raise 51 the suspended cefling as high as feasible. 52 53 93-95 Lexin�ton Parkway South Damn Jakel, o/b/o Stuart 54 Management Co 55 56 Decision: grant a 5-inch variance on the openable height of the egress windows in the efficiency units. 57 58 1407 Cleveland Avenue North China Service Ventures 59 60 Decision: Deny the appeal and grant an extension of 30 days to replace the apartment egress window; 90 61 days to construct the wall separating the apartment; and conditional deadlines of September 29, 2009 and 62 January 1, 2010 for all the other window repairs. 63 Bostrom Carter Hazris Thune Adopted by Council: Date Absent I Requested by Deparhnent oE —� � Adoption Certified by Cou eil Secretary B Y� /�C!/ �� n l Approved,l�y�N�1�yo Dat � �l Q � j�}' _ By: LJCi ` �.'� 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 � 6�-93a- � DepartmenUOfficelCouncil: j Daffi iniliated: ; co_��°°G� ;,�-A��-0s ! Green Sheet N4: 3076656 ConWct person 8 Phone: Marcia Moermond Must Be on Councii Agenda by (Date): Doc.Type:RESOLUTION E-DOCUmentReqUired: Y DocumentCOntact: ConWct Phone: � � Assign i Number ; For � Routing i Order 0 1 2 3 4 5 Total # ofi Signature Pages _(Ciip All Locations for Signature) Action Requested: Resolution approving the decision of the Legislarive Hearing Officer on Appeals of Lettecs of Deficiency for pcoperties at: 1275 Payne, 416 Daly, 1163 McLean, 921 Euclid, 622 Hyacinth E, 1666 Sherburne, 1401 Arcade, 885 Conway, 1376 Laurel, 93-95 Lexing[on S, and 1407 Cleveland N. Recommendations: Approve (A) or Reject (R): Planning Commission CB Committee Civil Service Commissio� Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3 Does this person/firtn 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, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: Funding Source: Financiallnformation: (EXplain) CosVRevenue Budgeted: Activity Number: August 19, 2009 12:'17 PM Page 1 09-932 MIlVCJ'I'ES OF THE LEGISLATNE HEARING ON LETTERS OF DEFICIENCY t1ND VACANT REGISTRATION FEES Tuesday, Aub st 11, 2009 Room 330 City Hall, 15 Kellogg Blvd. West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:35 p.m. STAFF PRESENT: Leanna Shaff, Depariment of Safety and Inspections (DSn — Fire Prevention; and Mai Vang, City Council Offices Appeal of James & Jeanine Sundberg to a Certificate of Occupancy Deficiency List for property at 1275 Pavne Avenue. Appellant Jeanine Sundberg (1864 Summit Lane, Mendota Heights, MN 55118) appeared. She provided a diagram of the windows. Ms. Shaff gave a staff report. She said that Inspector Thomas had conducted an inspection for the Fire C of O on 7uly 14 and reported that the openable dimensions of the bedroom egress windows in all six units were 20 inches high by 35 inches wide, and that the egress window sill height in Units 1 and 2 was 52 inches. Ms. Sundberg said she was not appealing the sill height and a step would be installed. She said her husband had spoken with Inspector Thomas about it. Ms. Moermond said the extra width mare than accommodated fox the shortfall in height. She recommended granting a 4-inch variance on the openable height of the bedroom egress windows in Units 1, 2, 3, 4, 5 and 6. 2. Appeal of Glenn Britzius to a Certificate of Occupancy Deficiency List for property at 416 Dalv Street. Ms. Moermond reviewed the inspector's report and made her recommendation priar to the hearing. The appellant was contacted and did not appear. She recommended granting a 2.5-inch variance on the openable width of the egress window in the lower unit west bedroom. 3. Appeal of Patricia Cornish, on behalf of Rose Damsgard, to a Certificate of Occupancy Deficiency List for property at 1163 McLean 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 5-inch variance on the openable height of the egress windows in the north and south bedrooms. 09-932 August 11, 2009 Property Code Minutes Page 2 4. Appeal of Shinbay Yang to a Certificate of Occupancy Deficiency List for property at 921 Euclid Street No one appeazed. Ms. Moermond reviewed the inspector's report and recommended �anting a 3- inch variance on the openable height of the bedroom egress window in Unit 2. She recommended denying the appeal on the egress windows in Units 1 and 3, and granting a 90-day extension for bringing the windows into compliance. Appeal of Susan and James Shepard to a Certificate of Occupancy Deficiency List for property at 622 H�acinth Avenue East. Appellant Jim Shepard (1854 Saunders Avenue, St. Paul, MN 55116) appeared. Ms. Shaff gave a staff report. She said that Inspectar Thomas had conducted an inspection for the Fire C of O and reported that the openable dimensions of the bedroom egress windows in Units 1 through 7 were 20 inches high by 38 inches wide. Ms. Moermond confirmed with Mr. Shepazd that the windows were the only item being appealed. She recommended granting a 4-inch variance on the openable height of the bedroom egress windows in Units 1, Z, 3, 4, 5, 6 and 7. 8. Appeal of Roger Barcus to a Certificate of Occupancy Deficiency List for property at 1666 Sherburne Avenue. (Rescheduled from August 4) Appellant Roger Barcus (2205 Matterhorn Lane, St. Paul, MN SS ll 9) appeared. Ms. Moermond stated that the window issue seemed clear but that she was confused about the tax assessment record attached to the appeal. She requested a staff report. Ms. Shaff said that Inspector Imbertson had conducted an inspection for the Fire C of O on June 19 and reported that the openable dimensions of the egress windows in the second floar middle and rear bedrooms were 22.5 inches high by 27 inches wide, and in the front bedroom were 19.5 inches high by 23 inches wide. Mr. Barcus said that those had been corrected. Ms. Shaff said the openable dimensions of the basement egress window were 31 inches high by 17 inches wide and that the glazed area was short of what was required. She noted that there were a number of other window-related items on the deficiency list. Ms. Moermond asked how many units there were. Mr. Barcus said that there were two. Ms. Moermond asked for more information about what was being appealed. Mr. Barcus said he was appealing the basement egress window He said he could change the window haxdware from a crank to hinges on the outside to provide more openable width, but would still need a variance for the glazed area. 09-932 August 11, 2004 Property Code Minutes Page 3 Ms Moermond asked Ms. Shaff how she felt about hinges. Ms. Shaff said hinges would not hold the window securely open or closed and would not allow the window to be held partially open. Ms. Moermond said that the width shortfall was made up in extra height, and the shortfall in glazed area was negligible. She recommended granting a 3-inch variance on the openable width of the basement bedroom egress window. Mr. Barcus said all other window issues had been addressed and would be rechecked by the inspector. Ms. Moermond and Mr. Bazcus reviewed the tas assessment recard attached to the appeal and detemuned that it did not belong to Mr. Bazcus and had been attached in error. 9. Appeal of Jeffrey Anderson, on behalf of Anderson Funeral Home, to a Certificate of Occupancy Deficiency List for property at 1401 Arcade 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 3.5-inch variance on the openable height of the bedroom egress window in Unit 2. 10. Appeal of Michael Gudejko to a Certificate of Occupancy Deficiency List for property at 885 Conwav Street. Appellant Michal Gudejko (112 10�' Avenue N.W., Minot, ND 58703) appeared. Ms. Shaff gave a staff report. She said Inspector Ricketson had conducted an inspection for the Fire C of O on Apri130 and reported that the egress windows in the front N.E. and N.W. bedrooms were 22 inches high by 20 inches wide. Ms. Moermond asked for a clarification of what was being appealed. Mr. Gudejko said the property had been vacant when he purchased it and he had fixed it up. He said he was told by the inspector that the new windows could be grandfathered in because they were the same size as the ones he replaced. Ms. Moermond confirmed with Mr. Gudejko that Jim Seeger had been the building inspector and had signed off on the work. Mr. Gudejko said the contractor had been the one working with the inspector. Ms. Shaff said the permit was for Category 2 vacant building repairs and a bathroom remodel but that windows were not specifically menrioned on the permit ox code compliance inspection report. Ms. Moermond said the windows would not be grandfathered in but the department could make an exception to the rule if a permit had been issued for the work. She said there was no record of a permit specifically for windows in this case but the permit for vacant building repairs could cover a range of things. She said that the shortfall was small and recommended granting a 2-inch variance on the openable height of the egress windows in all three second floor bedrooms. 09-932 August 1 l, 2009 Property Code Minutes Page 4 12. Appeal of Jason Chu, on behalf of Xavier Inveshnent LLC, to a Certificate of Occupancy Deficiency List for properry at 1376 Laurel Avenue. Appellant 7ason Chu (971 Briaz Glen Lane, Woodbury) appeazed. Ms. Moermond said she was comfortable with granting a variance for the windows and asked for a staff report on the ceiling height. Ms. Shaff said that Inspector Imbertson had conducted an inspection for the Fire C of O on July 13 and reported that the basement ceiling height was 6 feet 10 inches. Ms. Moermond asked whether it was a flat ceiling. Mr. Chu said it was. Ms. Moermond asked how the basement was used. Mr. Chu said the basement was fully finished except for the laundry room, and that they had put in a bedroom with a legal egress window. Ms. Moermond asked how many bedrooms there were. Mr. Chu said there were two bedrooms on the main floor, one upstairs and one in the basement. Ms. 5haff asked how far the ceiling was suspended. Mr. Chu said he wasn't sure. Ms. Shaff asked whether there was a family room in the basement. Mr. Chu said there was. Ms. Shaff noted that a family room had not been mentioned in the orders. Ms. Moermond asked Mr. Chu whether he would be willing to measure the distance the ceiling was suspended and raise the ceiling ifpossible. Mr. Chu said he would. Ms. Moermond recommended granting a 3.5-inch variance on the openable height of the egress window in the second floor sleeping room. She recommended granting a variance of 2 inches on the basement ceiling height on the condition that the appellant measure the suspended ceiling and raise it as far as feasible. 13. Appeal of Darrin Jakel, on behalf of Stuart Management Co, to a Certificate of Occupancy Deficiency List for property at 93-95 Lexinaton Parkway South. Rick Hoffinan (1050 W. 80"' Street, Bloomington, MN 55420) appeared on behalf of the appellant. Ms. Shaff gave a staff report. She said Inspectar Isabel had conducted an inspection for the Fire Certificate of Occupancy and reported that the openable dimensions of the egress windows in the efficiency units were 19 inches high by 39 inches wide. Ms. Moermond asked for a description of the efficiency units. Mr. Hoffinan described the layout, and said each unit had two windows side by side with the dimensions given. Ms. Moermond recommended granting a 5-inch variance on the openable height of the egress windows in the efficiency units. 09-932 August 11, 2009 Property Code Minutes 14. Appeal of China Service Ventures to a Certificate of Occupancy Deficiency List for property at 1407 Cleveland Avenue North. Page 5 Kelly O'Brien, Jennifer Garth, Rowland Edwards (4299 Reiland Lane, Shoreview 55126) and 7erry Helander (6261 Jasmine Run, Stillwater 55082) appeazed. Ms. Moermond confirmed with the appellants that the appeal was about timeline for the repairs. Ms. Shaff gave a staff report. She said that Inspector Skow-Fiske had conducted an inspection far the Fue C of O on July 16 and reported a number of items including cracked window glass. She said that Item 17 had been addressed with Zoning and a wall was going to be built to sepazate the two uses. She confirmed with the appellants that they planned to complete items 11, 13 and 15. Ms. Moermond noted that the deadline for repairing and maintaining the window glass was August 18; she asked what kind of rimeline the appellants were looking for. Mr. Helander said they planned to replace many of the windows for aesthetic reasons and had considered pursuing some fundraising but decided that was not a practical approach to getting the necessary repairs done. He said they were currently getting bids to replace just the broken windows and had not gotten timelines from the contractors yet. Ms. O'Brien said that Inspector Skow-Fiske had told them which windows should be priorities. Ms. Moermond asked whether 90 days would be acceptable. Mr. Helander said he didn't anticipate there would be a problem completing the repairs in that time. Ms. O'Brien asked whether that extension would apply to the apartment egress window as well. Ms. Shaff read from the inspector's report that the openable dimensions of the egress window were 14.5 inches high by 48 inches wide and the window was an upside-down awning-type window. Mr. Aelander said they would install a casement window. Ms. Moermond said she would allow 30 days for bringing the apartment egress window into compliance. Ms. Shaff clarified with the appellants that they would have an additiona130 days for the residential items, and that a permit would be required for adding the wall to separate the aparhnent from the xest of the building. Mr. Edwards asked Ms. Shaff whether a casement window would be acceptable. Ms. Shaff said it would be acceptable as long as it met the size requirements. Ms. Gerth said they were doing some fundraising and were applying for a loan. She asked whether they could come back if the 90 days wasn't enough. Ms. Moermond said that 90 days would be the end of the construction season for the year. Ms. Gerth said there was a possibility they may receive a donation to have all of the windows replaced but the details might not be worked out soon enough for the wark to be completed within 90 days. Ms. Moermond set a deadline of September 29 for submitting a timeline and definite information about the donation, She said if the donation did not come through, she would set a 09-932 August 11, 2009 Pzoperty Code Minutes Page 6 deadline of 7anuary 1, 2010 for the window repairs. She said that if the appeliants were not able to meet that deadline they could ask Councilmember Stazk to refer the matter back to Legislative Hearing. Ms. Shaff asked whether the 90-day deadline still applied to the wall. Ms. Moermond said that it did. She recommended denying the appeal and granring an extension of 30 days to replace the apartment egress window; 90 days to conshuct the wall sepuating the apartment; and conditional deadlines of September 29, 2009 and January 1, 2010 to bring the other egress windows into compliance.