10-267Councit Fi1e # /��'a"�? �
Green Sheet # 3100916
Presented by
RESOLUTION
F�SAINT PAUL, MINNESOTA
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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
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9 Decision: Grant variances on the egress replacement bedroom windows.
10
11 106 Water Street West Nels Sandberg, LSNB/Gross - Edgerton
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13 Decision: Grant a variance as long as the building continues to exist as it is.
14
15 1540 English Street Conrad Adams
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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
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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:
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Req�ested by Department of:
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Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Counc3l
By:
Approved by the Office of Financial Services
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� 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:
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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.