Loading...
09-947Council File # � �qy_a`� Green 56eet # 3077436 RESOLUTION 41NT P�4UL, MINNESOTA Presented by /D 1 BE IT RESOZVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heard at public hearing on August 19, 2009 hereby memoriaiizes its decision 3 to certify and approve the July 28, 2009 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRESS 7 8 921 Wells Street 9 APELLANT Ying Khang 10 Decision: Appeal denied. 11 Requested by Departrnent of: C�� Adopted by Council: Date ���/,��j1� Adoption Certified by Counc'1 Secretary BY� �� . � ,r� Approve M y . e � � By: Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet f)Cl�cls/�I � DepartmenVpffiWCouncil: Date �nitiated: � CO- 25-AUG-09 Green Sheet NO: 3077436 - Contact Person & Phone: Deoartment Sent To Person Initial/Date Marcia Moertnond y o onn�;t 0 6-8570 1 omul De ar�entDirector Assign Z ' Clerk Cti CMk Must Be on Council Agenda by (Date): Number 3 0 For 4 � Routing Doc.Type:RE50lUTION Order 5 0 E-Document Required: Y Document Contad: Mai Vang Contact Phone: 6-8563 Tota{ # of Signature Pages _(Clip All Locatiore for Signature) Action Requested: Resolution memoriatizing City Council ac6on taken August 19, 2009 denying the appeal for property at 921 Wells Street. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrect for this department7 CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does fhis person/firm possess a ski6 not normafly possessed by arry cUrrent city employee? Yes No Explain all yes answers on separote sheet and attach to green sheet. Initiating Problem, lssues, Opportun'dy �Alho, What, When, Where, Why): AdvantageslfApproved: DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: CostlRevenue Budgeted: Funding Source: Activity Number: Financial lnformation: (6cplain) August 25, 20Q9 3:56 PM Page 1 F6 G4 D � �III�II ws July 6, 2009 Ying Khang 2236 Matterhorn Lane St. Paul, MN 55119 RE: 921 Wells Street Dear Ying: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. 09-947 Please attend the public hearing before the Legislative Hearing OfFicer on Tuesday, July 28, 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 wili hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, ..�'��'�� � e���� 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, SUIT'E 310 SAINT PAUL, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-266-8574 www,stpaul.gov An �rmative Achon Fqual Oppormnity Employer 09-947 i AP�LICA'TIOl� FOR APP�AL � Saint Paui City C'�erk 15 W. KeIlogg BIvd., 310 City Hall S2int Paul, Minnesota 5� 102 Telephone: (651) 266-8688 of Properry being Appealed: � 2. Number of DwelIing Unifis: � 3. Date of I,etrer —�—d 4. Name of 0 Phone Numbers: Business �U�� �� ����� v � -'p/ q " SiBiZ. _�_�i�: Residence `� ^ Cellulaz �? f � L�� �. 1�ppellzn3 / AgpTieant (if ather fhan ovaner}: . Address: City: State: _ Phone Nurabers: Business Residence Cellular 6 State s�ec'��cally what is being a�pealed' and wk�y (I7se aFt attachment if necessary): NOTE: i� $25.OD filing fee made payable to the City of SainT Paul must accompany this application as a necessary condttion fox fiIing. You musi attacb a copy of the oziginal orders and any other cosesnondence relative to this appeal. Any person unsarisfied bg 2iie final decision of the City Council may obtain judicial reviaw by iimety fiIing of an action as provided by law in Aistrict Court. Received: For O€fice Use Only `� Fee Received: Receipt Number: �� � :�d 09-947 CTTY OF SAINT PAUL Christopher B. Coleman, M¢yor June 23, 2009 YING KHANG 2236 MATTERHORN LANE ST PALTL MN 55119-5631 DEPARTMEI3T SAFETY AND INSPECTIONS Fire Inspection Division Roben Kess[er, D:rector 3TJacksorsStreet,Suite220 Telephorse:651-266-9090 SaintPaul, MN5510l-l806 F¢x. 651-266-8951 RE: FII2E CERTIFICATE OF OCCUPANCY WITH DEFICIENCIES 921 WELLS ST Ref. # 10E559 Residential Class: C Dear Property Representative: Your building was inspected on June 23, 2009 for the renewal of your Fire Certificate of Occupancy. Approval for occupancy will be granted upon compliance with the following de6ciency list. The items on the list must be corrected immediately. A re-inspection will be made on July 21, 2009 at 11:30. 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 DEFICIENCIES ARE THEIIZ RESPONSIBILITY. DEFICIENCY LIST 1. BASEMENT - SPLC 34.13 (1) - Provide and maintain all habitable areas with a ceiling height of 7 feet over 112 the floor area.-FINISHED BASEMENT BEDROOMS AND OTHER ROOMS HAVE 6 FOOT CEILINGS. _ __ � _� . � a� r� � � ; 3 ,� � ri�r .f� r..,.. � � � �x; _ � � �� ��., a: �1Y �'��Y' 095 k +� � `. ar'4`� �a+ � , a 3' % ?�" � �` t 34 k' tl �ffia '� �,g � rv . — <� M .�T? �, � f a. ✓� "� fal$' r k �`,� , � ¢ i "L' +� y . 5 ' . � � s� 3� � � � �;� � � � � �.ek�f^ hd�" �l � N � : g �` Fi � m � � � �%' 0SN ;-��� a � � • y� � 3 '5�' ",�,'� . � � x y YC. ,� � � � F F 5 Y . e�. Po . y„3�, li 5 f m � UF i'� . I3 . � f } �. �� � � �� �- 3Y��)����1.✓/CJ"�� . 3 3 � • � . r � � � �� � " �:� � � �, y ' q �i� � �� ��� ( ''�°� a ,� x �ti r � �++�� � ��.`4{ ; �r« ' ) : , • � . � �c� �r, ° � � .. � � U'��r'�':� , ri.� y, ": i ��zL . �" u"'�4:„� t y � �+.�:�e 4��E' a . yY ° M i, � T'il-�. � x J� � �' p�'a ±� i 'r �` �. i � 'tt �� % . +`� S e t iu- � "R� �� `� � S,. 1�'4 1.�§ h3ii � � a e `*7.��':t� �. � v.: a w �+ y �' t� u ,. �� t� F '��£ � . s �!' d _v' � �!e s . � . . "`� � q 4 1 U F ��`i �' � rt l �� �. .�{� �._ Y � �� � �'� � Y �'' [ � � . A � y � � �a�r= �i'`�"� .. � ' . . t �� " t � t � � � m� `�' 41e lc`�.( j�t� ' 'r2*e�-..�..: u,.,"' ��tl , ..r�.., a sa �- � - ..a.�.�, mr '�'> - � . . . . :. . ,:. _ . ._. . � ..,, ,... . . . . .. . . .. �.. ,J,. �.._._ . _ ......___ . _.. .. . - >. b8.m'" . � . 09-947 July 28, 2009 Property Code Minutes Page 8 11. Appeal of Yin Khang to a Certificate of Occupancy Deficiency List for property at 921 Wells Street. Appellant Ying Khang (2236 Matterhorn Lane, St. Paul, MN 55119) appeared. Ms. Shaff gave a staff report. She said Inspector Fish had conducted an inspection for the Fire C of O on June 23 and reported that the ceiling height over the basement bedrooms and other basement rooms was six feet. Ms. Moermond asked what the basement was used for. Ms. Khang said there were two bedrooms and a living room, and there were legal egress windows in the bedrooms. She thought the ceiling was higher than six feet because the house had passed inspection when they had purchased it. Ms. Moermond noted that there was a Truth-in-Sale-of-Housing (TISH) report for the house from 2006 and a C of O dated December 11, 2007. She asked how many bedrooms were in the house. Ms. Khang said there were two in the basement and one on the main floor for the lower unit, and two bedrooms in the upper unit. She said the first inspector, Inspector Thomas, had not mentioned anything about the ceiling but Inspector Fish said it was a little bit short. Ms. Shaff said Inspectar Thomas had done the C of O inspection in 2007, but that she didn't know what had been in the basement at that time. Ms. Moermond asked whether the basement was mentioned in the 2007 report. Ms. Shaff said it was not. Ms. Moermond asked Ms. Khang how long she had owned the house. Ms. Khang said she purchased it in 2007. Ms. Moermond said the local code required a ceiling height of seven feet over half of`the area, that the State Building Code was taller than that, and that a one-foot shortfall was huge. She recommended denying the appeal on the ceiling height. Ms. Khang asked whether there were other options or whether the decision could be appealed. Ms. Moermond said that if she wanted to look for a different outcome, the next stop would be a City Council Public Hearing. She said any enforcement action would be stayed until after that hearing.