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09-946Council File # � ( /.a Green Sheet# 3077437 CITY Presented by s BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing record and testunony heard at public hearing on August 19, 2009 hereby memorializes its decision to certify and approve the July 28, 2009 decision of the Legislative Hearing Officer for the following address: 6 ADDRESS APELLANT 8 1591 Blair Avenue Kathryn M. Nelson 9 10 Decision: Appeal denied and grant an extension to November 30, 2009, on the condition the building 11 remain vacant after October 31 and the owner obtains a signed contract with a licensed demolition 12 contractor to remove the building. 13 Yeas Nays Absent Carter f Bostrom ,� Harris ,i Helgen ,� Lantry ,i Stazk � Thune ,i d d Requested by Department of: � Form Approved by City Attorney � Adopted by Council: Date ��y�jfcj Adoption Certified by Counc' Secretary Form Approved by Mayor for Submission to Council RESOLUTION NT PAUL. MINNESOTA ,/'J l, s • � � 1 ' ��I . � � � , / �a�i � �� `.i/L e_ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Council co - __. ConWCt Person 8 Phone: Marcia Moermond 6-8570 Must Be on Council Agenda 6y (Date): Doc. Type: RESOLUTION E-Document Required: Y DocumentConWCt: MaiVang Contact Phone: 6-8563 Q9�� Date �nitiatetl: -- I 25-AUG-09 i Green Sheet HO.:. � 0 Comcd �!. 1 Coancil ' � Denartment Director � Assign i 2 CitvClerk CiryClerk ` Number � 3 �, �--- For I Routing 4 i ' ', i Order l i 5' � i i � Total # of Signature Pages _( Clip Ail Locati for Sign Action Requestetl: Resolution memorializing City Council acrion taken August 19, 2009 denying the appeal and granting an extension to November 3Q 2009, with conditions, for property at 1591 Blair Avenue. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current 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: DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: Funding Source: Financiai Information: (Explain) CostlRevenue Budgeted: Activity Number: August 26, 2009 9:55 AM Page 1 u ��. o. �Le °I��i�m �i � July 2, 2009 Kathryn M Nelson 3475 Siems Court Arden Hilis, MN 55112 RE: 1591 Blair Ave. Dear Ms. Nelson: �� ,� CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Tuesday, July 28, 2U09 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 erely, Shari Moore�� City Clerk cc: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing OfFicer Jerry Hendrickson, Deputy City Attorney 15 LNEST KELLOGG BOIJLEVARD, SU1TE 310 SAINT pALR, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-266-8574 www,stpaul.gov M Affinnative Action Equal OpportumTy Bmployei 07/p1b2009 13 27 FAX 651266B574 SAINT PAUL CITV CDUNCIL 09-946 APPL�CA'TIDN FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd, 310 City Hall s�t r� , Iviinnesota 55162 � '�'eIephone: (651) 266-8688 Addresa of Propesty being Agpealed: 2- Number 1591 Blair AVenue 1 � Dot/o02 RECEIVED JUL 0 2 20U9 CITY GLERK 3. T�ate of T.erter Appealed: June 24, 2009 4. NameofOwner. Kathryn M. Nelson & S�e�han r_ rTelson, Trustees Address: 347� Siems Ct. C��. Arden Hill�State: ��7 Zip: 55112 Phone 51-642-2606 R e sidencc65� - 636-0414Cellular 6Si-Fn3-0.E�0 5. Appe719nx / Ag�lAeant (if oiher than owner}: . �— . Addtess: CiTy: State: �Zip: Phone Nucnbe�s; Business Residence Cellnlar G Staze spec'�#'iCally avhat is being appeal�d' and why (Ilse ax, attaclunent if nccessar�): Letter of June 24, 2009, and.entire deficiencv NOTE: A$25.Q0 filing fee made payable io tbe City of 5aini Paul muct accompany tkris a�plication es a necessEry condition fox filing. Yau must attach a eopy of the original atc�ers and any other cor�esponden�e relahve ro this agpeal. Any person unsatisfied by the fina] duasion of tfie Caty CounciI roay obtain judicia] review by timely filing of an acdon az pro�ided by Inw in Dis�id Court. ' Por O�fice Use Onl ` pate geceived: • Fee Received: � Receipt Nnmber Date of Hearin • � 0 7/�l� oi 4>`J� ��- ' � e 09-946 fou have the right to appeal these orders to the Legslative Hearing Officer. Applicarions for appeals may be obtained at the Office of the City Clerk, 310 City Hall, City/County Courthouse, 15 W Kellogg Blvd, Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, please contact me at 651-266-8986 between 7:30 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. SincereJy, Mitchell Imbertson Fire Inspection Email: mitchell.imbertson@ci.stpaul.mn.us Ref. # 101369 � CITY OF SAINI' PAUL Christophu B. Coleman, Mayor June 24, 2009 / KATHRYN M NELSON � �1 � 3475 SIEMS COURT ARDEN HILLS MIv 55112-3639 ` 09-946 DEPARTMENTSAFETY ANDI Fire lnspecrion Dtvision � Robert Kessler, Director 37j Jackson Street, Suite ?20 Telephone: 657-266-9090 SaintPaul,MN5510L1806 Fax. 657-266-895/ RE: RE-INSPECTION FIRE CERT�ICATE OF OCCUPANCY WITH DEFICIENCIES 1591 BLAIIZ AVE Ref. # 101369 Deaz Property Representative: Your building was re-inspected for the Fire Certificate of Occupancy on March 4, 2009. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be corrected immediately. A reinspection will be made on July 6, 2009 at 10:30 am. The Saint Paui Legisiative Code requires that no building be occupied without a Fire Certificate of Occupancy. The code also provides for ti�e assessment of addirional reinspection fees. DEFICI�NCY LIST 1. � Exterior - Rear = SFLC 7'1.01 - Provide address numbers on building per attached HN-1 handout.- Provide address numbers visible from the alley side of tYie building. 2. Exterior - Rear Entry - SPLC 34.09 (2'), 34.32(2) - Fcepair or repiace the unsafe stairways, porcn, decKs or railings in an approved manner. This work may require a permit(s). Call DSI at (651) 266-9090.- Repair or replace deteriorated and unstable wood entry stairs. �� — 3. Exterior - West Side - SPLC-34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways and stairs. (_t�.'h�,,,.�� h� •�.� w�zlZ � "'� 4. Exterior - SPLC 34.09 (1) b,c, 3432 (1) 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 paant.-Scrape and re-paint defective paint on entire home and repair all holes in the eaves and soffits to a professional state of maintenance by June 30, 2009. �� Exterior - SPLC 34.08 (5), 3431 (3) - Repair, replace and maintain all exterior surfaces on fences, � sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain • �terior unprotected surfaces painted or protected from the elements.-Repair or replace the failed retaining wall and steps by June 30, 2009. 09-946 6. �xterior - SPLC 34.09 (2) 3432 (2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire length of the stair.-Provide a handrail on stairs leading from alley to backyard. Provide a handrail on sYairs leading to rear entry to house. 7. Exterior - SPLC 34.04 (3}, 3432 (3) - Repair and maintain the window in good condirion.-Repair or replace all damaged or deteriorated wood on window frames. Scrape and paint window frames where chipped or peeling. 8. SPLC 3419 -_Pzovide access to the inspector to all areas of the buildi� �� i1 bu"'� ��'1�� --- ----_ -- — -- ------ ' - --- �� s,�;' � � If you have any questions, call me at 651-266-8986 between 730 a.m. - 9:00 a.m. Piease help to make Saint Paul a safer place in which to live and work. Sincerely, Mitchell Imbertson Fire Inspection Email: mitchell.imbertson@cistpaul.mn.us Ref. # 101369 Q9-94( DEPARTMENT SAFETY AND IN� Fire Inspection Division Ro6ert Kessler, Director C I� OF "S�p`,�' 375Jackron Street, Suite220 Telephone.651-266-9090 Christopher B. Coieman, Mayor Saint P¢ul, MN55707-I806 Fax: 651-266-B951 June 24, 2009 I�4THRYN M NELSON 3475 SIEMS COURT ARDEN HILLS MN 55112-3639 RE: REFERRAL 1591 BLAIIt AVfi Ref. # 101369 Dear Property Representative: An inspection was made of your building on June 24, 2009 in response to a referral. You are hereby notified that the following deficiency list must be corrected immediately. A reinspection wili be made on July 6, 2009 at 10:30 AM. Failure to comply may result in a criminal citation or revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupied without a Fire Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. DEFTCIENCY LIST Exterior - Rear - SPLC 71.01 - Provide address numbers on building per attached HN-1 handout.- Provide address nuxnbers visible from the alley side of the building. 2. Exterior - Rear Entry - SPLC 34.09 (2), 34.32(2) - Repair or replace the unsafe stairways, porch, decks or railings in an approved manner. This work may require a permit(s). Call DSI at (651) 266-9090.- Repair or repiace deteriorated and unstable wood enhy stairs. 3. Exterior - West Side - SPLC 34.08 (10) - Repair, replace and maintain exterior sidewalks, walkways and stairs. 4. Exterior - SPLC 34.09 (2) 3432 (2) - Provide an approved handrail. 'I'he top of the handrail must be between 34 and 38 inches above the treads and run the entire length of the stair.-Provide a handrail on stairs leading from alley to backyard. Provide a handrail on stairs leading to rear entry to house. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window in good condition.-Repair or replace all damaged or deteriorated wood on window frames. Scrape and paint window frames where chipped or peeling. 6. SPLC 34.19 - Provide access to the inspector to all areas of the building. 09-946 per��rn�En*r snFE� nxn - �_,.•� .: �� Fire Inspection Division Robert Kessler, Director CTTY OF SAINT PAUL Christopher B. Ca[eman, Mayor October 16, 2008 KATHI2YN M NELSON 3475 SIEMS COURT t1RDEN HILLS MN 55112-3639 375Jach�onSYreet,Suiie220 Telephone:651-266-9090 Saint Paul, �LIN 55101-1 B06 RE: FIItE CERTIFICATE OF OCCUPANCY WITH DEFICIENCIES 1591 BLAIIt AVE Re£ # 101369 Dear Property Representative: Your building was inspected on October 16, 2008 for the renewal of your Fire Certificate of Occupancy. Approval for occupancy will be granted upon compliance with the £ollowing deficiency list. The items on the list must be corrected immediately. A re-insnection will be made on November 14, 2008 at 1 pm. Failure 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 re-inspection fees. YOU WILL BE RESPONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFTCIENCIES ARE THEIR RESPONSIBILITY. DEFICIENCY LIST i. Exteriar - SPLC 34.09 (1) b,c, 34.32 (1) 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.-Scrape and re-paint defective paint on entire home and repair all holes in the eaves and soffits to a professional state of maintenance per previous orders dated June 02, 2008 with a compliance date of August 26, 2008. Exterior - SPLC 34.08 (5), 34.31 (3) - Repair, replace and maintain ail exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements.-Repair or replace the failed 3. � retaining wall and steps. Front Porch - MSFC 1011.2 - Remove the materials that cause an exit obstruction. Maintain a clear and unobstructed exit way.-Remove items blocking the exit. Interior - SPLC 34.19 - Provide access to the inspector to all areas of the building.-Allow access to entire building. 09-946 SPLC 3411 (6), 3434 (3) - Provide service of heating facility by a licensed contractor whicn must 1 include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to trus office. 6. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and retum it to this office. You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 310, and (651-266-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, call me at 651-266-8988 between 6:30 a.m. - 8:30 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, Lisa Martin Fire Inspector Ref. # 101369 09-946 ?4% ';';' Date: July 07, 2009 Ntile #: 07 - 031631 � Folder Name: 1591 BLAIR AVE PIN: 332923110028 09-946 , �y-�� Date: July 07, 2009 File #: 07 - 031631 Folder Name: 1591 BLAIl2 AVE PIN: 332923110028 Date: July 07, 2009 File #: 07 - 031631 Folder Name: 1591 BLAIR AVE �� ,� PIN: 332923120028 �� ,� Date: July 07, 2009 F�le #: 07 - 031631 Folder Name: 1591 BLAIIt AVE PIN: 332923110028 Date: July 07, 2009 F�le #: 07 - 031631 D' ', � Folder Name: 1591 BLAIR AVE PIN: 332923110028 09-946 Date: July 07, 2009 File #: 07 - 031631 Folder Name: 1591 BLAIR AVE PIN: 332923110028 �� ,� � lV�ic-� y� ��% �~'��r/ / ' ��JL� J""' (M'/°�/.� fGi i dT �� J'1�Y �� L✓cc..�L��K� G.-a O��O>.-�q�� ! �D L�d'3Cf' G�cf1� S�� " � :/�K r'vam:l /�� B(si'� C3Zf," C'LUr'✓�.+� 1r✓�i�� r^ �/ � ��t ,sszre5 �-� � Y'L ,e�� ,-9ov�� % � / GL� Ca/� � 5� v / �� .;2� ��qr ��„-,� �ti,�� 1.Jn �ee�dz�°� �� ,�t1�e:�t�s ��lz � �� «e z�r:f ��/�,�,1� �� u �� ,�� . �,l- �� - � �el�' ,��,��s,��r�� /.� sc�i��:.�, �..� ,�P/ / .� /�/f�l.�i'� '�nYj Cj'G.�� " „ 1�/JSCU7 L✓CM! b/� /'"'cC ./'lilh'-r1 /�"' <�S�e' e7ey�?7 � q p ,/� /" / J � �/ ,/ /{� �Z��/ C�N/`Cf JL�GS�! /� �'/G�( /��' ,GLPFi'/, � dz<Y/ ``G�' � Gi1�� _ CL,kI� �f Ge �f`p/,�5 J�% �/G�.�rc/is4 �`� ��=`s� oJ� t.✓� / , J � � / .� �C �i�'?4 .�ro� i� W/Y'Lil��Gr?�y iJ'!�'�C' �GOS�I�✓r�!/lG�e'( ��''L� _ C �� try��,� �' �r�� ;� ��l,�4 �f/1'��' �� ,/��.. � s;:;/� G�'�%cy i:�� ,j� a�=� � �'�i r� ,%If� �� '�- Fi, t�dr�r� �i��'= � Ltic � 02 yle�FC ��oy �i�'�.t� Y�Z�_ GL.2s<.�' �^�7 I �/ l 1� �/ rhv GG�t � � �t` `��Ccr� ��f °'^ �Ic � / ,9�� `�� Yr/c!1 � rlrP*7 /T� �j �'`�i// �✓ �ji 9"` 2' / �/ / / , "'�`7 /+/1 �7rGLL r.r•"'{��i � �' u^�/�,(/�"+� -�ij �iY1 ryd(�/Vi��-5/ I � f ��rt��g :��fC �(,^� �s��,.s�`��( �"// ��g, ��e � 4 `Z �,�� {-�r.u��v+�� !f `c��s��, w,� �t,�� 4c/l W�h�. �� ,� � � � ,// f ,p � �� 1 /2'y32sr�lr � �GC ��c�f�G /�jjCl�`/��NsSC�/ �- ��',let-' �� p, � [ � j �� '�/ � �✓'� Gll��i � � f�� S /7 ��Gff GY��!/7 � J�ljO -l! l�1-n¢� i /��>�J z,°'�-� �✓e /�'� G�.' qr�� %� h'l�..s� >� ,s ql / � .� �C ,�il� rvfE`4.. 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Appeal of Kathryn Nelson to a Certificate of Occupancy Deficiency List for property at 1591 Blair Avenue Appellants Kathryn Nelson and Stephen L. Nelson (3475 Siems Ct. Arden Hills, MN 55112) appeared. Mr. Nelson provided a plat drawing, a diagram of the property and adjacent properties, and a letter from the tenants. He reviewed the drawing and diagram with Ms. Moermond and said the lot was split and they owned a commercial building next door to the property being appealed. Ms. Shaff gave a staff report. She said the orders had been written by Inspector Imbertson and it appeared that the entire list of orders from June 24 was being appealed. She said the inspection had been initiated in October 2008 and some of the orders for the exterior had originally been called out last October and were beyond the appeal time. Ms. Moermond said it was not possible to determine from the arders the date that each item had originated. Ms. Shaff said that photographs and inspector notes were clear in terms of what was expected and required and what had not been done. Ms. Moermond asked why the items had not been taken care o£ Mr. Nelson asked to see the inspector's photographs. Ms. Moermond reviewed the photographs with Mr. and Mrs. Nelson. Mr. Nelson said he wanted to express some fiustration over dealing with inspectors. He said that on a couple of occasions, he had shown up far scheduled appointments and found out that the inspector had already been there and that reaching the inspectors to have the orders clarified was difficult. He said the inspector previously had said the interior of the house was in nice condition, they had always conected any issues cited, and there were no real safety issues at the house. He said there were stairs with a railing right next to the set that did not haue a railing, and he could block off the stairs without a railing. He said the long-range goal was to demolish the house and make the lot into a parking lot. He said commercial tenants had been interested in buying the building two years ago but the deal had fallen tlu•ough, and the office had been vacant until June of this year. He said they wanted to have the office space rented before proceeding with the house demolition plans. He asked about the order to maintain accessory structures, and said that there were no accessory structures. Ms. Moermond and Ms. Shaff noted that the orders they had did not include that item and it was determined there were two different sets of orders dated June 24. Ms. Shaff read the inspector's note attached to the item in question, which indicated that it referred to the retaining wall and steps and gave a deadline of June 2009. Mr. Nelson said the retaining wali had not collapsed and had been there for 25 years. He said there was a retaining wall on the other side of the alley that was at about a 20 degree angle. The retaining wall would come down when the building came down; they hired an engineer and had been working with Tom Beach from the City on a site plan review. Ms. Shaff asked when they had the site plan review. Mr. Nelson said he met with Mr. Beach on July 23. Ms. Shaff noted that Mr. Nelson had told the inspector it might be as long as five years before the house was demolished. Mr. Nelson said one of their tenants was a student and they were going to allow him to stay there until he finished schooL He reiterated that there was nothing unsafe in the building. He said he was going to look at the steps and make the necessary minor repairs but didn't �� ,� July 28, 2009 Property Code Minutes Page 10 think railings were required for only three steps. He said the exterior steps had been the same during the 35 years he had been m the building. All of the interior orders had been complied with. Ms. Moermond asked how many sets of orders had been issued. Ms. Shaff said there were orders dated October 24, 2008; December 16, 2008; February 17, 2009; April 13, 2009; June 24, 2009; and July 6, 2009. She said a complaint had been received on June 22, 2009. Mr. Nelson said they had to take down some diseased trees in the back yazd and that the complaint had probably come from a neighbor who was hying to sell her home. Ms. Moermond said the important issue was whether or not the conditions existed, and that the source of the complaint was immaterial. She asked Mr. and Ms. Nelson why they had waited so long to appeal the orders. Mr. Nelson said he had talked to the inspector, the inspector had been aware of their plans for the house, and they were waiting to get the office space rented. He said he received three bids last year to paint the house but had been told the paint would peel within six months because of the condition of the wood. He said it didn't make sense to put $4,000 to $5,000 into something that was going to be torn down. Ms. Moermond noted that they were appealing the orders because they intended to tear the house down but were also renting the house. She said she needed a clear indication of their intentions. Mr. Nelson said the tenant would be finishing school in June 2010 and that they had told him he could stay until then. Ms. Moermond asked when the tenant had moved in. Mr. Nelson said he moved in two or three years ago. Ms. Moermond noted that multiple orders had been issued for the same items. Ms. Nelson said they had an inspection and made the interior corrections but had found the exterior work to be cost- prohibitive. He said a different inspector had come for the re-inspection and written arders for differentthings. Ms. Moermond said she was struck with the fact that there had been six inspection letters. Ms. Shaff said that the length of time was due in part to longer deadlines for the exterior work. Ms. Nelson reiterated that there had been new inspectors and new orders. Ms. Moermond took a short recess to read the letter from the tenant. She said the letter gaue information that was consistent with the appellants' testimony. Ms. Moermond asked for confirmation that the appellants were looking for an extra year. Mr. Nelson said they were going to proceed with getting eveiything approved for the pazking lot. Ms. Moermond reviewed the inspection records. Mr.lVelson said he had someone check and there were missing crown moldings but no holes in the fascia. Ms. Moermond said she was trying to look at the situation from the perspective of the neighbors and the community, as well as that of the tenant. Mr. Nelson said there were many properties in his neighborhood that were as bad or worse, and that he was fiustrated about being singled out and disgusted about being told what to do. 09-946 July 28, 2009 Property Code Minutes Page 11 Ms. Moermond said the exterior code applied universally; she was looking at the conditions depicted in the photographs and the amount of time that had passed. She said if she denied the appeal the next step would be a criminal tag. Mr. Nelson said they were requesting an extension to July 2010. Ms. Moermond said the orders were old and should have been appealed a long time ago. She recommended a deadline of September 30, 2009 for all corrections. Mr. Nelson said they would not complete the work. Ms. Nelson said the retaining wall was on the city alley and there was nothing wrong with it. Ms. Moermond said those things could be presented to the City Council.