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10-1471 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 Amended 2/10/2010 CITY Presented by Council File # � � Green Sheet # 3097856 RESOLUTION �INT�AUL, MINNESOTA l� BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 15, 2009 decision of the Legislative Hearing Officer for Appeals to Letters of Certificate of Occupancy Deficiency Lists and Denial of Building Permits to Replace Egress Windows for the following addresses: Proaertv Appealed 10 Seventh Street West Appellant Carol Aegerter, Minnesota Children's Museum Decision: Deny the appeal and grant an extension to December 31, 201Q to come into compliance. 1670 Mazshall Avenue Andy Hybben Decision: Grant a 4-inch variance on the openable height of the egress windows in Units I through 8. 546 Hollv Avenue Marilyn Knudsen Decision: Deny the appeal and grant an extension for one year to bring the exterior wa11s, unprotected surfaces, fascia, and soffit into compliance. 1889 Hawthorne Avenue East Donald Jorgensen Decision: Grant a 5-inch variance on the openable height of the bedroom egress window. 1598 Dayton Avenue. Edward Conley Decision: Grant a 4.5-inch variance on the openable height in Unit 4, bedroom 2; deny the appeal for Unit 4, bedroom 1 and grant an extension for 90 days to come into compliance. I 120 Flandrau Street Raymond Simpson Decision: Item #1 and Item #5 — grant a 4-inch variance on the openable height of the egress windows in the downstairs and upstairs bedrooms; Item #3 — grant a variance on the kitchen ceiling height; Item #4 — grant the appeal on the steps on the west and south side; and Item #8 — grant an extension for six- months on the roof. 1637 Hewitt Avenue Paul Gustafson Decision: Grant a 6.5-inch variance on the openable height of the egress bedroom w�ndows on the 2" floor. / 42 614 Bates Avenue 43 44 45 46 47 48 49 50 Telly Wilcox Decision: Grant the appeal on the wall located on the eastside at the rear of the building; deny the appeal and grant an extension for one year for all exterior wood and unprotected surfaces to be painted and brought into compliance; 614 'lz east bedroom — deny the variance request and grant an extension for 90 days to bring the windows into compliance; 616 southeast downstairs bedroom — grant a 6-inch variance on the openable height of the egress windows; and 616 upstairs bedroom — grant a 2-inch variance on the openable height of the egress windows. 51 480 Orleans Street Peter Kramer 52 53 Decision: Deirq�i3�eappex�arr�grxrrting�sr�rrrent�re�fensivirtv�ring-thee�teriar-fe�sn$a�iea-�+a�ls-iaEo 54 Crnnp}iance. Laid over 90 days 55 56 57 58 59 60 61 62 63 64 6S 66 67 68 69 70 71 72 73 74 75 76 77 78 1769 Marshall Avenue Antoine Coleman Decision: Deny the appeal and grant an extension for six months to bring exterior walls, porch and steps into compliance; grant five months to bring window screens into compliance; grant two months to bring interior ceiling in Unit 3 into compliance; and grant five months to bring all window screens into compliance. 651 Sherburne Avenue David R Busch, DRB #24 LLC Decision: Grant a 3.5-inch variance on the openable height of the egress windows in bedroom 1; deny the appeal for the front bedroom window and grant an extension for five months to bring the window into compliance. 812 Fuller Avenue David R Busch, DRB #24 LLC Decision: Grant a 4-inch variance on the openable height of the egress window in the rear bedroom at the top of the stairway on the 2nd floor; grant a variance on the ceiling height in the basement; deny the appeal for the front bedroom on the 2nd floar and grant an extension to May 14, 2010 to bring the window into compliance. 889-891 Hudson Road Decision: Grant a variance on the egress windows being replaced. �a���f7 79 Boshom Carter Requested by Depamnent of: � Stark Adopted by Council: Date ✓ Adoption Certified by Coun 1 Secretary By: .� _ r' O� Approve ay � . Date � t{p�7�`� By: Form Appcoved by City Attorney By: Form Approved by Mayor for Submission to Council By: Appxoved by the Office of Financial Services By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet i DepartmenUOffice/Councii: ; Datelnitiated: ' COUnCiI f�'l�� �i�C��E� � �� CO - , 03 FEB 2010 • � ConWCt Person & Phone: ' , Department SentTo Person InitiallDate I � Marcia Moermond : y � 0 'Couuc� � 1 Counc7 '. DepartmentDirec[or �� �I �� Z,Ciri Clerk � I City Clerk I 1 I Must Be on Council Agenda by (Datej: j Number ' 3 . , , � � I, For ' ' ' I � Routing a 4 � �DOaType:RESOLUTfON � Order I 5 � � I � I E•DOCUmentRequired: Y Document ConWCt: Contact Phone: Total # of Signature Pages _(Clip All Locations for Signature) Resolution approving the December I5, 2009 decision of the Legislarive Hearing Officer for Appeals to Letters of Deficiency Lists and Denial of Building Permits for the following: 10 Seventh St W,1670 Marshall, 546 Holly, 1889 Hawthome Ave E, 1598 Dayton,1120 Flandrau, 1637 Hewitt, 614 Bates, 480 Orleans St,1769 Mazshall, 651 SheTbume, 812 Fulle=, and 889-891 Hudson Rd. Recommendations: Approve (A) or Reject (R): Planning Commission C(8 Committee Civil 3ervice Commission Personal Service Contracts Must Answer the Foilowing Questions: 1. Has this personfFrm ever worked under a contract for this depaAment? Yes No 2. Has this personlfirm ever bee� a city employee� Yes No 3. Ooes this persoMfirm possess a skiA not �ormally possessed by a�y curzent city employee? Yes No Explain all yes answers vn separate sheet and attach to green sheet Initiating Problem, Issues, Opportunfty (Who, What, When, Where, Why): AdvantageslfAppraved: DisadvanWges IfApproved: DisativanWges IfNOtApproved: Total AmoUnt of Trensaction: Fundfng Source: Financial Information: (Explain) Cost/Revenue Budgeted: Activity Number: February 3, 2010 1034 AM Page 1 /D-I �� MINUTES OF THE LEGISLATIVE HEAR.ING OFFICER ON APPEALS OP LETTBRS OF DBFICIENCY, VACANT BUILDING REGISRATION NOTICES & FEES AND DENIAL OF BLTILDING PERMITS Tuesday, December 15, 2009 Room 330 City Hall, IS Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:35 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Tnspections (DSn — Fire; Amy Spong, PED — HPC; Mai Vang, City Council Offices 1. Appeal of Carol Aegerter, on behalf of the Minnesota Children's Museum, to a Certificate of Occupancy Deficiency List for property at 10 5eventh Street West. (Laid over from November 17) Appellant Carol Aegerter appeared on behalf of the Minnesota Children's Museum. Ms. Aegerter referred to photographs and diagrams she brought with her for Ms. Moermond's review. Ms. Shaff stated that she reviewed the photographs and forwarded them to the Fire Protection Engineer. The Fire Protection Engineer went through the Children's Museum with their building manager and a representative of the sprinkler company. Their determination is there are five sprinkler heads that need to be changed out at a cost of approximately $1,000. Ms. Aegerter explained their concern is duct work on both sides of the sprinkler heads, and when they move them the water will hit the duct work and fall straight down. She said after the Fire Protection Engineer made their review, she stated by telephone conversarion they would only have to move one sprinkler head Upon question of Ms. Moermond, Ms. Aegerter stated she did not have a copy with her of the Fire Protection Engineer's e-mail stating work to be done in order to fulfill their requirements. Ms. Shaff stated she has not seen a copy of the e-mail, and Ms. Moermond expressed concern over that. Ms. Aegerter said the Fire Protection Inspector told her over the telephone they would need to replace sprinkler head number six (6), but she has not received that information in writing. Ms. Moermond said she was going to hold off on making a decision until the Fire Protection Engineer informs Ms. Aegerter in writing that only sprinkler head number six (6) needs to be changed out. Ms. Moermond further stated she will request a detailed report from the Fire Protection Engineer. Upon questions of Ms. Moermond, Ms. Shaff stated the Fire Protection Engineer is out of this office this week. She said she did discus this issue with her, and that while she has reviewed it, she does not find those to be credible issues. December 15, 2009 Property Code Minutes !D �/�L� Page 2 . Upon question of Ms. Moermond, Ms. Aegerter said they had Vildng Sprinkler come out and their opinion is that only the one sprinkler head needs to be replaced with the remaining ones to have the deflector plates removed, which she has this in writing from the original City inspector who came out. Ms Moermond stated this item will be laid over in order to obtain confirmation from Fire Protection Engineer Services on the number of sprinkler heads that need to be moved, and she also requested a City staff report and recommendation. On February 1, 2010, Ms. Moermond reviewed the records and recommended denying the appeal and granting an extension to December 31, 2010 to come into compliance. Appeal of Andy Hybben to a Certificate of Occupancy Deficiency List for property at 1670 Mazshall Avenue. (Rescheduled from Dec. 1) Appellant Andy Hybben appeared. Ms. Shaff stated a Fire C of O inspecrion was conducted on November 12, 2009 by Inspector Booker. She explained that this is a 10-unit building; the emergency escape and rescue opening in units 1 through 8 opened 20" high by 33" wide; unit 10 they opened to 12" high by 25" wide; unit 10 has a height of 51" which is 3" taller than code maximum of 48"; and Unit 9 has a 16" high by 33" wide opening. i3pon question of Ms. Shaff, Mr. Hybben said it is correct that he is only appealing units 1 through 8. He explained he has akeady ordered egress windows for units 9 and 10 from Window World will apply for appropriate permits. He said he ordered the windows two weeks ago and was told they wouid be delivered in approximately 6 weeks, and he provided pictures of the windows on order. Ms. Moermond recommended granting a 4-inch variance on the openable height of the egress windows in Units 1 through 8. 4. Appeal of Marilyn Knudsen to a Certificate of Occupancy Deficiency List for property at 546 Holly Avenue. (Rescheduled from Dec. 1) Kirk Johnson appeared on behalf of the appellant, Marilyn Knudsen. Ms. Shaff stated a C of O inspection was conducted on November 3, 2009 by Inspectar Imbertson. The inspector noted work to be done on the property is repairing all deteriorated wood on the trim, soffit and fascia. Mr. Johnson said they received a notice that there was an initial exterior inspection, they were not present at that time, and became aware when they received notice of work needing to be done. He said there was another inspection late November which they were present for; however, he had not received inspection reports for either date. Upon question of Ms. Moermond, Ms. Shaff said she had both inspection reports; the first dated November 3, 2009 and the second dated November 23, 2009 and provided copies for Mr. Johnson. December 15, 2009 Property Code Minutes jD �I /17 Page 3 < `7 Upon question of Ms. Moermond, Mr. 7ohnson said he is not disputing that exterior work needs to he done, but was requesting more tnne. Mr. Johnson explained this is a large, three-story Victorian home, it wili be a large project and painting the exterior cannot be done during the winter months. He noted the last time he had an estimate for painting the exterior it was approximately $12,000. Upon question of Ms. Moermond, Mr. Johnson requested until the end of suimner for the work to be complete. Ms. Shaff recommended Mr. Joluison contact Inspector Imbertson to schedule the re-inspection. Ms, Moermond recommended denying the appeal and granting an extension for one year to bring the exteriar walls, unprotected surfaces, fascia, and soffit into compliance. 5. Appeal of Donald Jorgensen to a Certificate of Occupancy Deficiency List for property at 1889 Hawthorne Avenue East. Appellant Donald 7orgensen appeared. Ms. Shaff stated a Fire C of O was conducted on November 30, 2009 by Inspector Thomas. She said the appeal states to see the attachment and the only attachment she had were the orders. Mr. Jorgensen apologized for attaching the wrong papenuork and stated he is appealing the window dimensions. He explained he purchased this property and gave it to his daughter who is living there. Upon question of Ms. Moermond, Mr. Jorgenson said his main concern today is the dimensions of the window. Ms. Moermond recommended granting a 5-inch variance on the openable height of the bedroom egress window. 6. Appeal of Edward Conley to a Certificate of Occupancy Deficiency List for property at 1598 Dayton Avenue. Appellant Edward Conley appeared representing Rejuvahome. Ms. Shaff stated a Fire C of O conducted on November 20, 2009 by Inspector Booker. The report indicates a window in Unit 4, Bedroom 1 measured 16" high by 23" wide, and also in Unit 4, Bedroom 2 the window measured 19 '/s" x 23" wide. Mr. Conley noted the inspection report had the incorrect address of 1598 Selby and the correct address was 1594-98 Dayton Avenue. He said this is an historic brick building and while he would like a variance, if it is unsafe he is willing to correct it. Ms. Moermond referred to Unit 4, Bedroom 1 stating she is not comfortable recommending granting a variance as it is unsafe. She referred to the window in Bedtoom 2 and said while she prefers it be corrected, she is more comfortable granting a variance. December 15, 2009 Property Code Minutes ID���L� Page 4 7 Upon question by Ms. Moermond, PvLr. Conley said he is willing to replace both the windows and he could replace them within 90 days. Ms. Moermond recommended granting a 4.5-inch variance on the openable height in Unit 4, bedroom 2; denying the appeal for Unit 4, bedroom 1 and grant an extension for 90 days to come into compliance. 7. Appeal of Raymond Simpson to a Certificate of Occupancy Deficiency List for property at 1120 Flandrau Street. Appellant Raymond Simpson appeared. Ms. Shaff stated a Fire C of O inspection was conducted on November 25, 2009 by Inspector Thomas. The do�vnstairs windows are 20" high by 25" wide, the upstairs windows measure 20" high by 37" wide, and it appeats all other items have been completed by the homeowner. Mr. Simpson said there was also a question pertaining to the stairs. Ms. Shaff noted the inspector was incorrect and this is no longer an issue. Mr. Simpson also said the roof was included in the inspection but he had pointed out to the inspector a sign posted in the &ont yard that a new roof was being put on due to hail damage. Ms. Shaff referred to Item No. 3 which appellant is stating is mislabeled. She explained Inspectar Thomas indicates it is a kitchen but it is the upstairs bedroom where the ceiling height appears to be an issue. Ms. Moermond reviewed the Inspection and recommended the following. Item #1 and Item #5 — grant a 4-inch variance on the openable height of the egress windows in the downstairs and upstairs bedrooms; Item #3 — grant a variance on the kitchen ceiling height; Item #4 - grant the appeal on the steps on the west and south side; and Item #8 —�ant an extension for six-months on the roof. 8. Appeal of Paul Gustafson to a Certificate of Occupancy Deficiency List for property at 1637 Hewitt Avenue Appellant Paul Gustafson appeared. Ms. Shaff stated a Fire C of O inspection conducted on November 25, 2009 by Inspector Prill. She noted the inspector found that the windows on the second floor are two double-hung type windows with a 17" high by 20" wide opening. Ms. Shaff noted they also fall short in total glazed area of 43 square feet where the Code requires 5 A square feet. Item No. 2 refers to window screen that needs to be replaced. Mr. Gustafson requested more time to order the screens and windows and noted that one window extends out over the enhy port. Ms. Moermond requested Mr. Gustafson provide her photographs of the windows both inside and outside. December 15, 2009 Property Code Minutes iO� f�l� Page 5 ! � `7 Mr. Gustafson refened to the screens saying the tenants removed them and can't find them. Ms. Moermond asked if mid-May was sufficient time to replace the screens, and Mr. Gustafson ageed. Ms. Moermond said that once Mr. Gustafson provides her with photographs of both the inside and outside of the windows, she will review the issue; if afrer further review her recommendation is to deny, she will grant until mid-May to come into compliance. On January 12, 2010, Ms. Moermond reviewed the photographs of the egress windows provided by the property owner. Based on the documentation, Ms. Moermond recommended granting a 6.5-inch variance on the openable height of the egress bedroom windows on the 2" floor. 9. Appeal of Telly Wilcox to a Certificate of Occupancy Deficiency List for property at 614 Bates Avenue. Appellant Telly Wilcox appeared. Ms. Shaff stated a Fire C of O inspection was conducted on November 24, 2�09 by Inspector Thomas. She said at 614'/z Bates, the inspector was unable to measure the bedroom on the north side because the air conditioner was in the window. At 614 '/Z the east side bedroom was 17" high by 27" wide. At 616 the first floor bedroom southeast measured 18" high by 25" wide, and in 616 the first floor bedroom east is 22" high by 28" wide. Mr. Wilcox stated he measured the entire outside dimensions of the two windows for 614 %z and they are the same size, and he wasn't able to measure the opening height because of the air conditioner, which he is appealing. Mr. Wilcox said he is also appealing the exterior noting he realizes it needs painting but he needed time. He referred to a tree and explained that over ten years ago, Pat Fish came out when she was doing the C of O inspection and there was an actual tree there at that time. After research, it was determined it was the neighbors tree and he presented photographs showing the tree on the neighbors property which has since been cut down. He presented photographs showing the dead tree and a shunp. In referring to the wall by the tree, Mr. Wilcox said while it leans a little bit, it hasn't moved in 10 yeazs. Ms. Moermond said that for the time being she will recommend granting the appeal on the wall; however, she noted that down the road it may become an issue. Mr. Wilcox referred to the windows and stated about one year he had a Section 8 inspection done. At that time, he spoke with HPC staff who recommended it not be replaced with a vinyl, crank out window Ms. Spong, HPC, stated that while she does not have photoa aphs, there are two windows on the first level at the rear unit which appear to be later additions to the twin home. She said both the width and length are fine, and referring to a vinyl �vindow, the appellant will need to fill out an application for that to be looked into. Upon question of Ms. Moermond, Ms. Spong she has not yet been able to make a deternunation whether the addition was added in the 1950s or the 1960s, and chances are it is the main double house that is historically significant. December 15, 2009 Properiy Code Minutes /6 � ��(.7 Page 6 �� Upon question of Ms. Moermond, Mr. Wilcox stated the windows are odd ones he'd never seen before in that they have metal on the side for tension, not sash cord like the front units. He further stated that the only negative in using casement windows is that tenants will not be able to put an air conditioner in the window. Ms. Moermond referred to the three windows being discussed and said there may be substantial issues with the HPC on the one window. Mr. Wilcox noted this is a side-by-side home and the window is the exact same measurements. Ms. Moermond stated there will be a follow-up inspection and at that time, the inspector will take the measurements. If they are the same dimensions, she will recommend that a variance be granted. Upon question of Mr. Wilcox pertaining to the historic windows, Ms. Spong recommended he come in to apply for the permit which will include photographs, and said they will also need an actual window product specification he is proposing. Ms. Moermond recommended granting the appeal on the wall located on the eastside at the rear of the building; deny the appeal and grant an extension for one year for all exterior wood and unprotected surfaces to be painted and brought into compliance. Ms. Moermond fixrther recommended the following: 614 '/� east bedroom — grant a.7-inch variance on the opening width of the egress bedroom windows; 614 '/2 -north bedroom — grant a.7-inch variance on the opening width of the egress bedroom windows; 616 southeast downstairs bedroom - grant a 6-inch variance on the openable height of the egress windows; and 616 upstairs bedroom - grant a 2-inch variance on the openable height of the egress windows. 10. Appeal of Peter Kramer to a Certificate of Occupancy Deficiency List for property at 480 Orleans Street. Appellant Peter Kramer appeared. Ms. Shaff stated a Fire C of O inspection was conducted on November 18. She explained the inspector found that the inside foundation walls do not adequately support the building and refened to photographs he submitted for the record. Mr.. Kramer said while this can be easily repaired, he requested an extension of time of six months. Ms. Moermond recommended denying the appeal and granting six month extension to bring the exterior foundation walls into compliance. 11. Appeal of Antoine Coleman to a Certificate of Occupancy Deficiency List for property at 1769 Mazshall Avenue. Appellant Antoine Coleman appeared. Ms. Shaff stated a Fire C of O inspection was conducted on November 23, 2009 by Inspector Booker. December 15, 2009 Property Code Minutes I ��I j17 Page 7 � Mr. Coleman said he just had the siding replaced, put a new roof on, added an extension to the fire escape, and had a new boiler installed. He said he will make the necessary repairs but asked for an extension of tune. Ms. Shaff said the boiler needed a fmal inspection and urged Mr. Coleman to contact Steven Brown to get that scheduled. Ms. Moermond recommended denying the appeal and grant an extension for six months to bring exterior walls, porch and steps into compliance; grant five months to bring window screens into compliance; grant two months to bring interior ceiling in Unit 3 into compliance; and grant five months to bring all window screens into compliance. 12. Appeal of David R Busch, DRB #24 LLC, to a Certificate of Occupancy Deficiency List for property at 651 Sherburne Avenue. Appellant David Busch appeared. Ms. Shaff stated a Fire C of O inspection was conducted on November 20, 2009 by Inspector Booker who found that the windows in bedroom 1 opened 20 %2" basically square, and in the front bedroom 17 high by 21" wide. Mx. Busch explained the property is a short, two-story home and the windows are on the second floor over a shed. Ms. Moermond recommended ganting a 3.5-inch variance on the openable height of the egress windows in bedroom 1; deny the appeal for the front bedroom window and grant an extension for five months to bring the window into compliance. 13. Appeal of Dauid R Busch, DRB #24 LLC, to a Certificate of Occupancy Deficiency List for property at 812 Fuller Avenue. Appellant David Busch appeared. Ms. Shaff stated a Fire C of O inspection was conducted on November 30, 2009 and December 1, 2009 Inspector Ixnbertson who found that the second floor rear bedroom was 20" high by 26" wide and the front 16" high by 2T' wide. He also found the basement ceiling height at 6 ft 8%z". Ms. Moermond recommended granting a 4-inch variance on the openabie height of the egress window in the rear bedroom at the top of the stairway on the 2nd floor; grant a variance on the ceiling height in the basement; deny the appeal for the front bedroom on the 2nd floor and grant an extension to May 14, 2010 to bring the window into compliance. 15. Follow up on 889-891 Hudson Road egress window issue. Ms. Spong gave a staff report stating a hearing was held on October 6, 2009 and the owner needs to replace the windows on the third floar. Cunently, the windows are double hung that open to 19" high by 18" wide. This is a historic property and the HPC is having difficulty getting windows replaced. Ms. Spong stated that Ms. Moermond had previously recommended granting up to a 2%z" December 15, 2009 Property Code Minutes /� �/ /� 7 Page 8 +� variance if at least 30" high. She received an e-mail from the owner this past week but his dimensions appeaz to be inaccurate. Ms. Shaff stated it is her opuuon that there is no egress hardware on the windows and using regular casing without egress hazdwaze will make it very narrow. Ms. Spong said she would like to be able to put a casement in this opening and there are probably other products that may not have as substantial of a frame. Vinyl may be the way to go as they don't have to support as much weight. She further noted this is a pivotal house with two dormers and the appellant was going to reconshuct how it hit the roof. Ms. Moermond recommended granting a variance on the egress windows being replaced.