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10-267Councit Fi1e # /��'a"�? � Green Sheet # 3100916 Presented by RESOLUTION F�SAINT PAUL, MINNESOTA �1u� � 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the February 2 2, 2010 decision of the Legislative Hearing Officer for Appeals of Letters, Certificate of Occupancy 3 Deficiency Lists and Denial of Building Permits to Replace Egress Windows for the following addresses: 4 5 Propertv Apnealed Appellant 6 7 1150 Sherburne Avenue Bill Scherado, Bill Scherado Construction 8 9 Decision: Grant variances on the egress replacement bedroom windows. 10 11 106 Water Street West Nels Sandberg, LSNB/Gross - Edgerton 12 13 Decision: Grant a variance as long as the building continues to exist as it is. 14 15 1540 English Street Conrad Adams 16 17 Decision: granting an 8-inch variance in the openable height for the egress window in Unit 6; deny the 18 appeal and grant an extension for 120 days to bring the egxess windows in Units 2 and 3 and the furnace 19 into compliance. 20 21 1015 Grand Avenue. Gregory Pavlick 22 23 Decision: Grant a 3-inch variance on the openable height of the egress windows. 24 Bostrom Carter Stazk Thune Adopted by Council: Date Adoption Certified by Coun 1 Secretary BY l / /%?i6�iG.C�Shc7 Approvedby r. Date 3 ����lO By: —�.-�_"� Req�ested by Department of: � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Counc3l By: Approved by the Office of Financial Services � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 1� -�-�� , DepartrnenflOffice/CounciL ; Date initiated: ' co-�°����� �MARZO,o Green Sheet NO: 3'100916 Contact Person & Phone: , � Department Sent To Person Initiai/Date � Marcia Moermond y �' o Coun�a � , 1 Council Deoartment Director ' ASSign 2 CiN Clerk ' Citv Clerk i Must Be on Councii Agenda by (Date): ,! Number 3 � Por , Routing I 4 ' ' Doc. Type: RESOLUTION ' Order g' , �� E-DOCUment Required: Y i DocumeM CoMad: ; ConWct Phone: Total # of Signature Pages _(Ciip Ail Locations for Signature) Resolution approving the Pebmary 2, 2010 decisions of the Legislative Hearing Officer for Appeals of Ceriificate of Occupancy Deficiency Lists and Denial of Building Pemiits to Replace Egress Windows for the following: 1150 Sherburne Avenue, 106 Water Stree[ West, 1540 English Street, and 1015 Grand Avenue. Recommendations: Approve (A) or Reject (R): Pianning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Foilowing Questions: 1. Has this person/firm ever worked under a conVact for this department� Yes No 2. Has this person/firm ever been a city employee? Yes No 3. �oes this personffirm possess a skill not normalty possessed by any current city employee? Yes No Explain ail yes answers on separete sheet and attach to green sh¢et. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvantageslfApproved: Disadvantages If Not Approved: Totai Amount of Trensaction: Funding Source: Finantial Information: , (Explain) CostlRevenue Budgeted: Activity Number: March 4, 2010 1139 AM Page 1 ���a�� MIlVLTTES OF THE LEGISLATIVE HEARING OFFICER ON APPEALS OF LETTERS OF DEFICIENCY AND DENIAL OF BUILDING PERMITS Tuesday, February 2, 2010 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 130 p.m. STAFF PRESENT: Leanna Shaff, Department of Safety and Inspections (DSI) — Fire; Mai Vang, City Council Offices Appeal of Bill Scherado, Bill Scherado Construction, to the denial of a building permit to replace egress for property at 1150 Sherburne Avenue. Bill Scherado, 1243 Dwane Street, appeared and presented paperwork and photoa aphs. He said it was difficult to change the opening with the existing design. The double one has rooms that are 80 squaze feet with no closet and the design is really low. The total height of that window is 45'/a and it is almost from floor to ceiling. From the discussions about the photographs and the "Egress Window Non-Compliance Determination" paperwork, Ms. Moermond and Mr. Scherado determined that the dimensions were written incorrectly. Tnspector Shaff concurred. Ms. Moermond stated she would grant a variance, but needed to know how many inches. If the window was below 18 inches, they will have to talk again, but it did not look like that will be an issue. Mr. Scherado responded that he will have to measure it and send the measurements to Ms. Moermond. Ms. Moermond laid this matter over for one week. Her decision is forthcoming. On February 9, 2010, Ms. Moermond reviewed the photographs provided by the property owner showing the dimensions of the window openings. Based on the documentation, Ms. Moermond recommended granting variances on the egress replacement bedroom windows. 2. Appeal of Nels Sandberg, LSNB/Gross - Edgerton to a Certificate of Occupancy Deficiency List for pxoperty at 106 Watex Street West. Ms. Shaff states this building dates back to the 1850's. It has insulation that would not be acceptable under today's Code; however, it was no more combustible than the ceiling or roof assembly. It would be worse to start mesing with it than to leave it in place. Ms. Moermond recommended granting a variance as long as the building continues to exist as it is. If there was a hole in the roof of something, they would need to deal with it. Ms. Shaff suggested that if they change the building azound, they should start looking at some other options. February 2, 2010 Property Code Minutes ��-�. (�'7 Page 2 4. Appeal of Conrad Adams to a Certificate of Occupancy Deficiency List for property at 1540 �lish Street. Conrad Adams, 1530 English Street, Apartment 2, appeared. Ms. Shaff reported there was a C of O inspection conducted on January 20 by Inspector Thomas. The requirement for the fumace to have a one hour rating and three rooms with windows that have egress issues--Unit 2- 15 high by 34 wide; Unit 3- 15 hi� by 34 wide; and Unit 6- 16 high by 34 wide. There should be 24 inches openable height. Mr. Adams stated that he is a state licensed contractor and can do all of the work himself. It was surprising that all of a sudden he had to replace all the windows since he had a C of O for 20 years and this had not been brought to his attention before. Ms. Moermond stated there is 16 inches in openable height and 34 inches in width which was an 8 inch shortfall in height compared to what the Building Code requires. However, there were 14 extra inches in width and she looked for 2 inches in width to accommodate the 1 inch in shortfall. He almost had 34 inches in openable width instead of 36 which she would recommend granting a variance. Concerning the windows which were 15 by 34, she asked whether there was anyway to increase the openable dimensions and whether there were stops in the windows Mr. Adams responded that he did not think so. They were wooden windows, 1950's vintage, single glazed glass and were perfectly fine windows, Ms. Moermond explained that she would not go below 16 inches far the height and it was too many inches off the Building Code and Fire Code. She asked how much time he needed to replace the windows. Mr. Adams responded 90 days or more would be nice. Ms. Moermond stated that she would recommend granting 120 days. Mr. Adams asked if he had to redo the furnace room. They were looking at a steel door and sheetrocking the ceiling. When asked how much time he needed, Mr. Adams says that he needs the same amount of time. Ms. Moermond recommended granting an 8-inch variance in the openable height for the egress window in Unit 6; deny the appeal and grant an extension for 120 days to bring the egress windows in iJnits 2 and 3 and the furnace into compliance. 5. Appeal of Gregory Pavlick to a Certificate of Occupancy Deficiency List for property at 1015 Grand Avenue. C�regory Pavlick, P.Q. Box 16124, Saint Paul, 55116, appeared. Ms. Shaff stated that is a Fire C of O inspection was conducted on December 30, 2009 by Inspector Imbertson. Mr. Pavlich stated the previous owner installed double hung vinyl windows which were a11 about the same size. Ms. Shaff responded 21 higl� by 30 inches openable. Ms. Moermond recommended granting a 3-inch variance on the openable height of the egress windows.