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10-257Council File # � � �-�j Green Sheet # 3100816 Presented by RESOLUTION �2� SAINT PAUL, MINNESOTA 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the January 2 26, 2010 decision of the Legislative Hearing Officer for Appeals of Letters, Certificate of Occupancy 3 Deficiency Lists and Vacant Building Registration Notice and Fee for the following addresses: 4 5 Propertv Appealed Appellant 6 7 535 Minnehaha Avenue West Wendell Petersen, Circuitech 8 9 Decision: Grant the appeal. 10 11 1549 Osceola Avenue Chris and Michelle Wilson 12 13 Decision: Grant a 5 inch variance on the openable height of the egress windows in Bedrooms 1 and 2. 14 15 875 Albert Street North Trevor Urmann 16 17 Decision: Grant a 6-inch variance on the openable height of the egress bedroom windows on the second 18 floor; the owner must indicate in future leases that the basement cannot be used as a bedroom. 19 20 2044 Fairmount Avenue Jereme Pope 21 22 Decision: Grant a 6 inch variance on the openable height of the egress windows in the upstairs bedrooms. 23 24 1206 Ma¢nolia Avenue East May Lor 25 26 Decision: Grant a 6 inch variance on the egress bedroom windows on the first level and a 5 inch variance 27 on the egress bedroom windows on the second level. 28 29 700 Edgerton Street Ahti Hujanen 30 31 Decision: Deny appeal and grant an ea�tension to July l, 2010 on Item 3; deny the appeal on Items 4, 5, 7, 32 and 9; grant a variance for the egress bedroom windows; and delet the vacant building fee for any future 33 tax assessment for the property. 34 35 571 Van Buren Avenue Ronald Louis Peltier 36 37 Decision: Deny the appeal and waive the vacant building fee for 30 days to complete the repairs. If the 38 appellant fails to complete the repairs and obtain a C of O within 30 days, the fee will be reinstated. 39 /a - a�� 40 1400 Simpson Street 41 Doug Vickers 42 Decision: Deny the appeal and grant an extension to June 1, 2010 to bring the window into compliance. 43 44 Requested by Deparhnent of: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Councii By: Approved by the Office of Financial Services By: Adoption Certified by Co cil Secretary BY� �lU� C 2��5�i2 Appioved b a or: Date �(p Zr; /� B➢� ���������.i.�(��..� � io-zs� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � DepartmenU�celCouncil: � Date initiated: � � �` ��� �o-�°����� o3MAR2o,o Green Sheet NO: 3100816 � CoMact Person & Phone: Marcia Moertnond Must Be on Council Agenda by (Date): Doc. Type: RESOLUTION � i Assign Number � For ' Routing ', Order 0 Council ' ' 1 'Council DepartmentDirector � 2 City Cierk Citv Clerk 3 a , 5 � E-Document Required: Y Document Contact: Contact Phone: ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution approving the January 26, 2010 decisions of the Legislative Hearing Officer for Appeals of Letters, Certificate of Occupancy Deficiency Lists and Vacant Building Registration Notice and Fee for the following: 535 Minnehaha Ave W, 1549 Osceola Ave, 875 Albert St N, 2044 Fairmount Ave, 1206 Magnolia Ave E, 700 Edgerton St, 571 Van Buren Ave, and 1400 Simpson St. Recommendations� Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission 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 person/firtn ever been a city employee? Yes No 3. Does this person/firm 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: DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: Funding Source: Financial I nformati on: (Explain) CostlRevenue Budgeted: Activity Number. March 3, 2010 4:09 PM Page 1 10-257 MINUTES OF THE LEGISLATIVE HEARING ON LETTERS OF DEFICIENCY AND VACANT BUTLDING REGISTRATION NOTICES AND FEES Tuesday, January 26, 2010 Room 330 City Hall, 15 Kellogg Blvd. West The hearing was called to order at 1:40 p.m. STAFF PRESENT: Matt Dornfeld, Department of Safety and Inspections (DSn — Vacant Buildings; Michael Urmann, DSI — Fire; Mai Vang, City Council Offices Appeal of Wendell Petersen, Circuitech, to a Certificate of Occupancy Deficiency List for property at 535 Minnehaha Avenue West. Wendell Peterson appeared. Mr. Urmann reported that the fire code and electrical code are specific about what kind of appliances can be used in a commercial setting. The electrical code does not allow household grade appliances to be used in a commercial structure because it is not graded for that level of use. There are residential appliances in this commercial setting. The field inspector has ordered those to be replaced with commercial grade appliances. The assistance fire marshal has directed Mr. Urmann to ask that any replacement appliances would be purchased as industrial grade appliances. Ms. Moermond recommended granting the appeal. IF orders are written in the future they will deal with it at that time. 2. Appeal of Chris and Michelle Wilson to a Certificate of Occupancy Deficiency List for property at 1549 Osceola Avenue. Chris Wilson, 9665 Clover Circle, Eden Prairie, appeared. Mr. Urmann reported that this is about window size. Mr. Wilson stated that he had a carbon monoxide and smoke detector in the basement. That was already done. Other than that, the issue is the window size in the bedrooms on the main floor. They are the original windows and the house was built in 1924. Ms. Moermond recommended granting a 5 inch variance on the openable height of the egress windows in Bedrooms 1 and 2. 3. Appeal of Trevor Urmann to a Certificate of Occupancy Deficiency List for property at 875 Albert Street North. Trevor Urmann, 2195 Kenwood Court, Maplewood, appeared. Inspector Urmann stated that is a window issue. Ms. Moermond asked how this issue came up. Mr. Urmann responded he had a larger deficiency list. This is the second list. 10-257 January 26, 2010 Property Code Minutes Page 2 Ms. Moermond asked is he appealing only one window and what about the one in the basement on a past list. Mr. Urmann responded it is not used as a sleeping room and was noted on the original inspection. Ms. Moermond recommended granting a 6-inch variance on the openable height of the egress bedroom windows on the second floor. She also recommended that the owner indicate in future leases that the basement cannot be used as a bedroom. Appeal of Jereme Pope to a Certificate of Occupancy Deficiency List for property at 2044 Fairmount Avenue Jereme Pope, 4260 Linden Hills Boulevard, Minneapolis, appeared. Mr. Urmann reported that the dimensions are 18 inches openable height by 21.5 width. Ms. Moermond stated this is a h situation. Each inch in shortfall whether an inch too wide or too short—she would look for another inch compensating for it. She has 18 inches instead of being 24. So, it is 6 inches too short in height. She only has an extra 1% on the width, so she is coming up 4'/� inches off. She asked do the windows open onto anything. Mr. Pope responded the ground is underneath; it is a story and a half. Ms. Moermond asked has he looked at replacing them. Mr. Pope responded it is an updated code, so they had not been brought to his attention before. In answer to other questions, Mr. Pope responded that it is screen on the bottom and glass on the top. The upper glass pane does easily pop out. Ms. Moermond recommended granting a 6 inch variance on the openable height of the egress windows in the upstairs bedrooms. 6. Appeal of May Lor to a Code Compliance Inspection for property at 1206 Maenolia Avenue East. May Lor, owner, and Fong Lor, brother, 1079 Forest Street, appeared. Ms. Moermond stated the first level has 27 wide by 18 high; the second level has 35 by 19 and 27 by 19. Mr. Urmann stated it has more than enough glazed area, too. Ms. Moermond recommended granting a 6 inch variance on the egress bedroom windows on the first level and a 5 inch variance on the egress bedroom windows on the second level. 7. Appeal of Ahti Hujanen to a Certificate of Occupancy Deficiency List far property at 700 Edeerton Sri'eet. Ahti Hujanen, 7545 43` Street North, Minneapolis, appeared. Mr. Urmann stated that they have been provided documentation that this is a vacant structure and they are appealing the fee under that circumstance. If it is a vacant structure, it needs to be on the 10-257 January 26, 2010 Property Code Minutes Page 3 vacant building list. If this is occupied, then the orders seem to be straightforward. The bedroom is not big enough foz square footage for occupancy. It is required to have 70 square and has 66, which is Item 4. The retaining wall being repaired in the spring. If it is a structural issue, that would have to be addressed. The egress window measurement is 4, 5, 7, and 9. The window azea seems to be 23 by 28 in both rooms. That is a basic window appeal. The plumbing issue is for non-owner occupied property. There would have to be a permit for the replacement of the copper. Mr. Hujanen stated the rooms are not large enough. They will be used as two bedroom units now. Ms. Moermond responded that the lease agreements should reflect that these will be used as two bedrooms units. Mr. Hujanen stated that the retaining wall is not a structural wall. It is a wall holding back the lawn next to the sidewalk. Mr. Urmann responded that the wall is the structural point. He is not talking about the building structure. Ms. Moermond stated the term "building" in the codes does apply to the structure including the retaining wall. Ms. Hujanen stated he repaired the plumbing. This is a mistake; he did not know he was not allowed to repair existing things. Mr. Urmann responded that the plumbing permit can be pulled by a licensed contractor after the repairs have been done. Ms. Moennond added that this happens from time to time. The owner would be asking a licensed plumber to certify that it is a valid repair and to sign off on it. Ms. Moermond stated the copper has to be done. Regarding the foundation, he will have to do that. The ground will unfreeze in April, so she will give him until July 1 to take care of this. For the egress windows, she is comfortable recommending the Council grant the minimal variance. She asked the next scheduled Fire C of O. Mr. Urmann responded February 5 at 11:30 a.m. Mr. Huj anen said that he can talk to a plumber by then. Ms. Moermond stated she would like the whole thing done on February 5. Mr. Urmann clarified that the windows in question can't be a bedroom anyway. Ms. Moermond responded that Number 4 in the order does not say southeast bedroom; Number 7 refers to the southeast bedroom of #2. The order should be changed to say southeast and then it is a moot point. Mr. Urmann stated the yellow card went out on the fees for this saying that the building is vacant. Ms. Moermond asked would Mr. Hujanen like to pay the vacant building fee ar the certificate of occupancy fee. Mr. Hujanent responded he would like the certificate of occupancy fee. Ms. Moermond's recommended denying appeal and granting an extension to July 1, 2010 on Item 3; denying the appeal on Items 4, 5, 7, and 9; granting a variance for the egress windows; and deleting the vacant building fee for any future tax assessment for the property. io-2s� January 26, 2010 Property Code Miuutes Page 4 8. Appeal of Ronald Louis Peltier to a Vacant Building Registration Notice and Fee for property at 571 Van Buren Avenue. (Rescheduled from Jan. 5) The following appeared: Ronald Peltier, owner, and Areanna Coale, attorney, 5846 Hobe Lane, White Beaz Lake. Marcia Moermond asked are they talking about the requirement that this is in the registered vacant building program. Inspector pornfeld reported that the C of O Program condemned 571 and 571 %2 Van Buren on 11/12/09 with an order to vacate date of 12/14/09. They were issued a list of correction orders that they needed to take care of and it was his understanding that they were not in compliance with those orders. Inspector Martin ordered the house to be vacated and that is when Inspector Kalis opened a Category 2 vacant building file on both units. That is where it remains today. Coale stated they want to have the property maintained as a rental property instead of a vacant building Category 2. The property has been a duplex and then a separate house. Mr. Peltier received an extensive list of things. They have photographs showing what has been done. An inspector comes in with a list of things to be done, Mr. Peltier corrects them, and then the inspector wants another list of items to be corrected. It seems there is an agenda to take this property and put it into the Vacant Building Category 2. The building has had tenants. The tenants have employment that requires them to be in South Carolina for the next few weeks. (Ms. Coale mentioned the long list of items that have already been done.) In answer to questions, Mr. Peltier responded these items were done before they put the vacant building category on it. Every time an inspector comes out, they walk through it, and don't check anything off. Instead they look for something else to add on. These corrections were done before December 14, except for the electric heater: one had to be put in the bathroom. He put new electrical heaters through on the first electrical permit. Plus, there was a light in the closet. (Ms. Coale mentioned other items that were conected by the owner.) She said they have photographs to show what the property looks like from the outside and inside. There has been really extensive work and it has taken a lot of time to complete them. There was long discussion about the photographs presented by Mr. Peltier as well photographs presented by staff. Ms. Coale stated that Mr. Peltier is hying to get the property into compliance and he would like to have it continually be a rental. He is getting it ready to se1L It is not vacant. The tenant left because of a job requirement. Ms. Moermond asked about the building materials. Mr. Peltier responded that is all gone. Mr. Urmann said that, given the discussion over the photographs, he and Mr. Domfeld have discussed the case and would like Ms. Moermond to consider the following: 1) suspending this issue for 30 days, 2) obtain the certificate of occupancy in the next 30 days, 3) getting all permits signed off, 4) remove it from the vacant building list, 5) certificate of occupancy reinstated. Mr. Peltier stated he has to do painting inside the house. January 26, 2010 Property Code Minutes 10-257 Page 5 Ms. Moermond said an inspector should be going out there. Mr. Urmann responded he will be going out there himself. Ms. Moermond stated she would like the excessive storage removed, the water heater completely taken care of, every room should be at 68 degrees at all times, the dead bolt needs to be fixed, and the smoke detector needs to be repair, although it looks like it is taken care of. These items are critical and need to be taken care of right away. Mr. Urmann added the heating system test report would have to be done by a licensed contractor, under permit, and signed off. If these things are done within 30 days, stated Ms. Moermond, the owner gets to stay out of the vacant building program. The owner does not need to get a code compliance inspection report. The owner also does not have to pay the vacant building fee for $1,000. Mr. Domfeld responded that the fee is now $1,100. Ms. Moermond stated the fee is appealable when it comes up as a tax assessment. The inspector wi11 schedule an appointment. If they do not get their certificate of occupancy certificate, they will be in the vacant building program. They do meet the definition of a vacant building. Mr. Peltier asked about the items in the basement. Ms. Moermond responded the issue was there was too much materials in the basement. The issue is not what kind of materials. Ms. Coale asked how long it would be before an inspection could be scheduled. Mr. Urmann responded he and the inspector would be there, and Ms. Coale should call within the next week. Ms. Moermond recommended denying the appeal and waiving the vacant building fee for 30 days to complete the repairs. If the appellant fails to complete the repairs and obtain a C of O within 30 days, the fee will be reinstated. 4. Appeal of Doug Vickers to a Certificate of Occupancy Deficiency List for property at 1400 Simnson Street. Doug Vickers, 6152 Oakwood Drive, Lino Lakes, appeared. Mr. Urmann reported these are awning windows. They do not meet the minimum code requirement for egress windows because they are not openable enough for someone to clear a window. It opens to a downward position versus straight ahead or verticaL There is no clear head space, although it has enough square footage in the glazed area. Ms. Moermond asked where the hardware is located. Mr. Vickers responded it is centered. It has been a bedroom for 46 years. His mother just passed away and a friend's nephew is living there now. They are in the process of putting the house up for sale. It is a stucco exterior. They realized the window did not meet the current code for the previous inspector, they installed a step to meet the 48 inch existing requirement for the sill height. Mr. Urmann stated the 41 inches wide is cut in half because of the scissors mechanism. Ms. Moermond was wondering about a slider being adequate; a slider would require a variance, but it would come a lot closer. Glazed area would be acceptable. She is willing to look at it if the owner can get her some dimensions. He may come up short. Right now, he has 23'h inches high. This is openable area. Mr. Vickers responded that he is looking far options. io-zs� January 26, 2010 Property Code Minutes Page 6 Ms. Moermond laid this over to February 23 to give the owner 90 days to install a new window. She would like the owner to see what he can do with the slider and she would like to see some openable area dimensions. She would like to have one of the windows changed out. There needs to be an egress window. A step permanently affixed is required. She asked about the sill height. Mr. Vickers responded it was 56; it is now 48 with a 8 inch step with a 9 inch tread and a 42 inch width. With that high of a sill, she would look for two steps for future reference. He will get to a minimum 48, but it would not hurt to have a little extra for shorter ones or less able ones. Mr. Urmann added that the egress window would have to be installed under permit by a licensed contractor because this is not an owner-occupied property. Mr. Vickers asked about the inspectar cracking the window when he opened it. Mr. Urmann responded that the inspector didn't remember having an issue with the window; however, the window has to be replaced anyway. He has no proof that the inspector did that, and the inspector does not remember the problem. Ms. Moermond advised the owner to stop in the City Clerk's Office to get a claim form. Laid over to the February 23 Legislative Hearing. On February 17, 2009 Mr. Vickers called and spoke with Ms. Vang. He stated that he will not be attending the legislative hearing on February 23, 2010 but that he will send a written statement regarding the windows being looked at and diagram of windows. He also stated that his contractor will be applying for window permit within the next couple days. On February 23, 2010, Ms. Moermond reviewed the written statement sent by Mr. V ickers and recommended denying the appeal and granting an extension to June 1, 2010 to bring the window into compliance.