Loading...
10-338Council File # b' �j d Green Sheet #� 3103296 Presented by RESOLUTION CITY OF SAINT PAUL, MINNESOTA � I BE IT RESOLVED, 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 Mazch 17, 2010 hereby memorializes its decision 3 to certify and approve the March 9, 2010 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 980 Marion Street Linda Mammenga 9 10 Decision: Grant the appeal and lift the condemnation on the attic on the condition the attic not be used for 11 habitable space; the property must be re-inspected and a C of O re-issued by April 8, 2010; if the C of O is 12 not re-instated, the property is referred to the Vacant Building Program. Carter Bostrom Stark Thune Yeas � Nays � Absent II Reqaested by Department of: ✓ ✓ J Adopted by Council: Date ��/f7fa/�//� Adoption Certified b Counci] cretary By: Approved a or: ate Zp � By: � Form Approved by City Aftorney By: Fornt Approved by Mayor for Submission to Counci] � � Green Sheet Green Sheet Green Sheet Green Sheet Grsen Sheet Green Sheet � l6-��g , DepartmenUOffice/Council: Date Initiated: co_c°°°�'' 1gMAR2010 G Sheet N 31 , ConWct Person & Phone: Deoastment SentTo Person InitiallDaYe Marcia Moermond - y 0 cou��u _ i Council Department Director . —� Assign , Z CiN Clerk Cih Cterk ' i Must Be on Council Agenda by (Date): Number � — � ' Doa Type: RESOLUTION EAocument Required: Y Document Contact: Contact Phone: For 3 RouGng 4 Order ' S ._ _ _ _ _ — — — _ _.�_ _ _ _ _ _ _ _' Total # M Signature PageS _(Ciip All Locations for Signature) Memorializing City Council action taken March 17, 2010 granting the appeal on the condemnation of the attic, with conditions, for proper[y at 980 Mazion Sh'eett Recommendations: Approve (A) or Reject (R): Planning Gommission CI6 Committee Ciml Service Gommission Pewonal Service Contrects Must Answer the FoUowing Questions: 1. Has this persoMfirm ever worked under a wMrad for this department? Yes No 2. Has this personlfirm ever been a city empbyee? Yes No 3 Does this person�rm possess a skill not normally posses�ed 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: DisadvaMages If Approve0: Disativantages If Not Approved: ToWI Amount of Transaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number: March 19, 20'10 10:54 AM Page 1 �,:, o. F s �: ,����<<� � y nne�' c,e March 1, 201� Linda Mammenga 35 Front Ave St. Paul, MN 55117 RE: 980 Marion St Dear Ms. Mammenga: eiTY oF SAYrrT PauL CITY CLERK'5 OFFICE Your application for an appeal has been received and processed. 10-338 Please attend the pubiic hearing before the Legislative Hearing Officer on Tuesday, March 9, 2010 at 11:00 a.m. in Room 330 City Hail and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer wi4! hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, , ����� Shari Moore City Clerk cc: � Mike Urmann, DS1 (Fire) Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 5 4VEST KELLOGG BOULEVARD, SUITE 31� SAINT PAUL, MINIVESOTA55102 Tel: 651-266-8688 Fac: 651-266-8574 wwwstpaul.gov An Affinnatrve Acnon Equal Opportumry Hmployex APPLICATION �OR APPEAI, Sainc Paul Ciry Cierk 1� W. KeLLogg Blvd., 31Q City Hall Saint Paul, P.Zinnesota 55102 Te(ephone: l6� 1) 26fi-8688 of Property being Appealed ' 2. Number of Dwel4ing Units: � 3. Date �0-338 �9� �����C ����� �qk Appealed: i0 4. NameofOwnex: �1n�A 1'/�c�?�mEr�i� Address: ��� �/'�%'1�f .Q-7,�,o City: � S � .�L� u J State: _��L✓ Zip: SS%l � Phone �ll;q- Residence �� Celiulaz �5�-�/G" S. Appellant I Applicant (if other than owner): Address: Ciry: State: Phone Numbers: Business Residence Cellulaz NOTE: A$25.D0 filing fee made payable to the Ciry of Saint Pau1 must accompany this applicauon as a necessary condition for filing. You must attach a capy of the original orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decisian of the Ciry Council may obtain judicial review by timely filing of an action as Qrovided by law in Distiict Court. ���� ��f �� xev�sta Receipt Nuruber; Date of Hearing: ���I�'��I � ��� G� 6 State specifically what is being appeated and why (Use an attachment if necessazy): 10-338 DEPARTMENT OF SAFETY AND INSPECT[ONS Fire Inspection Divis�on BaG Kusler, Diru[or �,'�'Y �F .5�111�T� PL��. 375 Jackran Street, Suite 210 Telephone. 651-266-8989 Christopher B. CDieman, M¢yor Snint Pnu{ .�Llmnesota 55101-1806 Facsimile: 65L266-895/ Web� wwwstonu[. av/ds February 17, 2010 LINDA 7 MAMMENGA 35 FRONT AVE ST PAITL MN SS ll7-4934 Revocation of Fire Certi$icate of Occupancy RE: 980 MARION 3T Ref. # 113864 Dear Property Representative: Your building was determined to be a rea stered ��acant building on February 17, 201Q. Since certificates aze for the occupancy of buildings, it has become necessary to revoke the Certificate of Occupancy. Saint Paul Legislative Code provides that no building shall be occupied without a Certificate of Occupancy. In order to re-occupy the building, the following deficiencies (if appiicable) must be corrected and a complete Certificate of Occupancy inspection will be required, DEFICIENCY LIST l. ATTIC - CONDEMNBD - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for huxnan habitarion. This occupancy must not be used until re-inspected and approved by this office. ATTIC CONDEMNEBIUNFIT ANB iJl�iSAFE. LACKS APPROVED EXIT STAIIZWAY, CEILING HETGHT ETC. 2. CERTTFICATE OF OCCUPANCY - REVOKED - SPLC 33.05 - Uncert portions of the building must not be occupied until inspected and approved by this office.-BIJILDING FTRE CERTIFICATE OF OCCI3PANCY REVOKED. BUII,DING SHAI,L BE VACATBD BY 2l14/10 AND SFiAI,L NOT BE REOCCUPLED UNTIL ALL REPAIRS MADE, PERMITS FINALED AND HAS BEEN REINSE�TED AND APPROVED FOR OCCUPANCY BY FII2E PREVENTION. 3. EXTERIOR - SNOW/ICE - Remove the accumulation of snow or ice from the public and private sidewalk abutting this property.- Shovel all private and public sidewallcs within 24 hours of end of snowstorm and keep walks clear of ice and snow. An Equal Opportunity Employer 10-338 4. INTERIOR ATTIC - STEPS - SPLC 34.10 (3), 34.33(2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire length of the stair.- Provide handrail fu111ength of steps to attic. 5. INTERIOR ELECTRIC_AL - KITCHEN - MSFC 605.1 - Repair or replace damaged electrical fixtures. This work may require apermit(s). Call DSI at (651) 266-9090.- KITCHEN OUTLET NEAR REAR DOOR LOOSE FROM WALL. SEC[JRE OUTLET. OUTLET NEAR REAR DOOR STILL STICKING OUT f1ND LOOSE.---PROPERLY ; REPAIIUSECURE. 6. INTERIOR KITCHEN - DRYER VENTING - ITNSC 504.6 - Provide, repair or replace the dryer exhaust duct. Exhaust ducts for domestic clothes dryers shall be constructed of inetal and shall have a smooth interior finish. The exhaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. The entixe exhaust system shail be supported and secured in place. Remove plastic dryer venting and properiy vent. Requires permit and licensed contractor. PERMIT STILL ACTIVE —HAS NTO NBEEN FINALBD. 8. INTERIOR KITCHEN - WASHING MACHINEJCLOTHES DRYER - MFGC Chapter 4- Provide or replace fuel equipment piping in compliance with the mechanical code. I'his work may require a permit(s). Call DSI at (651) 266-9090. Washing machine and clothes dryer moved from rear room into kitchen--permits for new installation issued--provide inspection and approval from plumbing inspector and permit finaled. Provide approved plumbing and gas piping permits. Requires licensed contractors. PERMIT STILL ACTIVE—HAS NOT BEEN FINALED. 9. INTERIOR REAR ENTRY - REAR ENTRY DOOR - SPLC 34.09 (3), 34.32 (3} - Repair and maintain the door frame.- Repair rear door frameltrim. FAILURE TO COMPLY WILL RESULT IN ENFORCEMENT ACTTON. REPAIItS MADB UNACCEPTABLE. MAKE REPAII2S TO DOOR FRf1MINGl'TRIM .SND AD30INING WALL IN�A PROFESSIONAL MANNER. 10. INTERIOR THROUGHOUT - SANITATION--UR�E SMELL - SPLC 34�10 (5), 3433 (4), 34.16 - Provide and maintain interior in a clean and sanitary condition.- � ROOMS TI3ROUGHOUT HAVE STRONG AMONiA ODOR FROM CAT URINE--BOTH ATIC AND MAIN FLOOR. CLEAN AND DEODORIZE ALL CARPETING OR IF UINABLE TO REMOVE SMELL -- REMOVE CARPBTRVG AND CLEAN AND SEAL FLOORING BEFORE REINSTALLIlVG A FLOOR COVERING. 10-338 11. VACANT - REMAIN VACANT - SPLC 33.05 - Uncertified portions of the building must not be occupied until inspected and approved by this office.- HOUSE IS NOW VACANT AND SI�ALL NOT BE REOCCUPIED UNTII, ALL DEFICIENCIES CORRECTED AND HAS BEEN REINSPECTED AND APPROVAL GIVEN FOR OCCUPANCY FROM FIRE PREVEivTION. For an explanation or information on some of the violations contained in this report, please visit our web page at: http:JJwww.ci.stpaui.mn.us/index.aspx?NID=2ll Yau have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the Office of the City C1erk, 310 City Ha11, City(County Courthouse, 15 W Kellogg B1vd, Saint Paul MN 55102 Phone: (651-266-8688) and mast be filed within 10 days of the date of this order. If you have any questions, email me at: barb.cummings@cistpaul.mn.us or call me at 65 L266-8943 between 730 - 9:00 a.m. Please help to make Saint Paul a safer place in whach to live and work. 5incerely, Barb Cummings Fire Inspector Ref. # 113864 APPLICATIOI`�I FOR APPEAL Sain[ Pau1 City Clerk I� W, I{ello�g Blvd., 310 Cicy Hall Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 1. Address of Property being Appealed: ��'�l� /�/,F f't ii �'i S �f 4. Name of 2. Numbar of Dweliing linits: � 3. / CC i2?�l'! F� Appeaied: Address: <.�-� �T�'Z��.t� �4 City: ����� State: _��� �� Zip: �S //7 �S/ Phone Numbers: Business / Residence / Cellulaz �/� 'y��%S 5. Appellant ! Applicant (if other than owner): Phone Numbers: Business City: State: Residence Cellular 6 State specificalty what is being appealed and why (Use an attachment if neeessary): 1� R; , f.' �� �rvrr ° �lU' l � ��a�� Yi'I�n � otcS� — �1f1Y" L'Lfl�f/`���e�' NOTE: A$25.00 filing made payable to the City of Saint Paul must accompany this agplication as a necessary condition for filing. You rnnst atiach a copy of the orig'ucal orders and any other conespondence relalive to tfiis appeal. Any person unsatisfied by the final decision of the Citp Council may obeain judicial review by dmely filing of an action as provided by law in District Court. 10-338 �� ���j� ���, 7 ��>G ���� Date Received; � Fee Recaived: f Recaipt Number_ � Date of Heacing: 10-338 DEPARTMEENT 0�` S�ETZ' � �SPECTIONS $teve Magner, Monager oj Code Enforcemeaf CI'I`Y OF SAINT PAUL Chris�opher B. Colemon, Mtryar February 23, 2010 Linda 7 Mammenga 35 Front Ave 5t Paul MN 55117-4934 Naicance Building Cade Enforcement 37J Jackson Saeei, Smie 220 651-266-8989 SaintPassl, MN5�107-)80 6�7-2b6-1919 t ul avldar VACANT BUILDING REGI5TRATION NOTICE The premises at 980 liZARION ST has been inspected and found to meet the ]egal definition of a Vacant Building as described in Saint Paul Legislative Code, Chapter 43. You are required to register this building with the Depariment of Safety and Inspections, Vacant Buildings Division, by filling out and returning the registration form provided with this latter. You aze also required to pay the annual Vacant Building Registration Fee of $1.100.00. The fee is due upon receipt of this letter and must be paid no later than thirty (30) days from the date of this lettez, as required in Saint Paul Legislative Code Chapter 43. If this building is vacant due to a fire, complete the enclosed registration form and Teturn it to this office within 30 days. Please return the enclosed registration form along with your payment by March 23, 2�10. Do not maxl cash. If you wish to pay in person, you may do so from 8:00 a.m. to 4:00 p.m. Monday thxough Friday at: DEPARTMENT aF SAFETY AND INSPECTIONS 375 Jackson 5treet, Suite 220 Saint Paul, MN 55101-1806 You may file an appeal to this fee or registration requirements by contacting the Office of the City Clerk at (651) 266-8688. Any appeal of this fee must be made within ten (10) days of the date of this notice. If the re�istraHon fee is not received in this office within 45 da,ys of the due date the full amount owed will be assessed to, and collected with, the taxes for this property as permitted by Saint Paut Legislative Code Chapter 43. The Code Enforcement Officer has notified the Building Inspection And Design Section that this property meets the legal definition of a registered vacant building and in accozdance with Legislative Code Chapter 33, no permits (except demolition, wrecking and removal permits) will be issued until the requirements of al1 applicable ordinances are fulfilled. An Affirmative Action Equal Opportuniry Employer 10-338 CITY OF SAINI' PAUI- Ckrismpher B. Coieman, Mayor ...�r Februaiy 23, 2010 Linda J Mammenga 35 Front Ave St Paul MN 55 1 1 7-4934 DEPARTMENT OF SAFETY AND INSPECTIONS Sfeve Magner, Manager ofCode Emjorcement 375 Jackson Street., Suite 220 Telephone. 651-266-8989 Sarntpoul, NIN.i5101-7806 Facs�mde' 651-166-T919 Web: ��1 eavldrr Dear Sir or Madam: ggp MARION ST is a Registered Vacant Building that requires a Code Compliance Inspection per the Vacant Building Statute (Chapter 43). This i�spection can be obtained by calling Building and Inspections and Design at (651) 266-901 b. This dwelling can not be occupied without a Certificate of Code Compliance. Ca11(651) 266-9016 far a permit sign-off. TFIE VACANT Bi3ILDING REGISTRATION FORM AND REGISTRATION FEE MiIST BE RECEIVED BY THE VACANT BUII.DING PROGRAl�2 BEFORE DSI MAY ISSUE PERMITS. Violation of the Vacant Building Statute (Chapter 43) will result in the issuance of a criminal citat3on. Written permission from the City o£ Saint Paul is required before a Category 2 or Category 3 Vacant Building can be sold. Requirements that must be met for Cateeorv 2 vacant buildings include: 1. registerlre-register the building, 2• PaY outstanding fees, 3. obtain a code compliance report, 4. submit for approval a rehab cost estimate from a licensed contractor and a schedule for completion of all code compliance ov 1 of the pro osed usef addition to acceptable to the City, and 6. obtain Zoning app P a116(six) of these requirements a Cate�ory 3 vacant building must obtain a Certificate of Gcc�.xp���y ��. a Ced�tifeate o: CodE Compiiauce prior to fne sale o2 the buiiding. If you haue any questions you can call me at the number below. PROPERTIES THAT ARE SUSPECTED TO BE ILLEGALLY OCCUPIED ARE SUBJECT TO INSPECTIONS AT ANY AOUR OF TE� DAY OR l�TIGHT. Sincerely, Mike Kalis 651-266-1929 Vacant Buildings Code Enforcement Officer dj 10-338 March 9, 2010 Legislative Hearing Minutes Page 4 3. Appeal of Linda Mammenga to a C of 0 Revocation, which includes Condemnation, and Vacant Building Registration Notice and Fee for property at 980 Marion Street. Linda Mammenga, appellant, appeared. Matt Dornfeld, DSI — Vacant Buildin�s, and Leanna Shaff, D5I — Fire, appeared on behalf of the department. Mr. Domfeld stated that the C of O was revoked by Inspector Cummings, Fire, on February 17, 2010 and was referred to Vacant Buildings. Inspector Kalis opened a category 2 vacant building file on February 18, 2010. Ms. Shaff stated that the initial inspection was done on Jluie 18, 2009 by Inspector Cummings and the owner was present. At that inspection, the inspector found the following conditions: the attic was being used as a bedroom; the stairway to the attic was not legal as it was extremely narrow and twisted; the window in the attic had a new insert with no permit being pulled; and the ceiling height was not adequate to accommodate a sleeping area as the roof had a lot of angles. At that tiine, the owner indicated that she didn't want the attic measured as she was going to convert it back for storage space. The owner then appealed the orders �vith a hearing being held on July 21, 2009 which appeal was denied on the attic being used as a sleeping room. A variance was granted on the stairway railing on the condition the attic only be used far storage. The property was re-inspected on August 7, 2009 and a list of deficiencies was issued. There were several rescheduled inspaction appointments in September and Novembex with the property not being re-inspected again until December 1, 2009 with an additional list of deficiencies being issued. The property was re- inspected on 7anuary 22, 2010, wiCh the owner not being present, and another list of deficiencies was issued. On February 8, 2010, Inspector Cummings received a faa� from the owner that no one would be at the scheduled appointment that morning as the tenants were closing on their new house. The inspector indicated to the owner that she would conduct the inspection and if she could not gain entry, the C of O would be revoked. The inspector was unable to gain entry and revoked the C of O as occupied. On February 16, 2010, the inspector went to the property to confirm that the property was vacant and referred it to the Vacant Building Program. She said the revocation resulted essentially six months after the initial set of arders had been issued. Ms. Mammenga stated that that the house was buik in 1885 and when she had an appraisal done of the property, the upstairs was considered as one bedroom because of the size of the room and it only had one closet. She said she had lived there for 25 years and when she purchased another property, she had rented it as having two bedrooms upstairs and one bedroom downstairs. She said that the window in the attic was never measured by the inspector and believed it was 20 x 25 which met the egress criteria. She said she had notified Inspectar Cummings, via email, on February 8 that she would not be available for the inspection because she had to work and the tenants had purchased a new home and were moving out on February 11. When Inspector Cummings went to the property on February 16, she had someone there to meet her; however, the inspector did not inspect the property and said she was only there to confirm that the building was vacant. She said that everything on the list had been completed, including the sign off on the permits, and she needed to have the property re-inspected. She asked that the vacant building status be reconsidered, that the window be measured and she be �anted variances for the stairs and the window. Ms. Shaff stated fhat at the initial inspection in June, the owner had noY wanted the window measured. She said the handrail and the ceiling height were also issues, thus, she was told t}�at the attic could only be used for storage as the attic was not habitable. Ms. Shaff also confirmed through 10-338 March 9, 2010 Legisiative Hearing Minutes Page 5 STAMP that the permits had been finaled. Ms. Mammenga responded that the ceiling was 6 feet in height and was two feei wide at the peak as the room had a dormer so the roof lines were at odd angles. Ms. Moermond reviewed the February 8 orders issued by Inspector Cummings wherein she revoked the C of O and the February 16 orders where she found the building vacant and referred the property to the Vacant Building Program. Ms. Moermond stated that many of the deficiencies had remained uncorrected going back to June. She said the attic could not be used as a sleeping space and could only be used for storage given the height of the ceiling. Ms. Mammenga asked if she could seal off the attic with a lock on the door. She said she had a friend with a son who wanted to move in soon. Ms. Shaff responded that a door with a deadbolt would be fine provided it had a thumb latch on the inside so no one would accidentally get locked in the attic. Ms. Moermond recommended that the condemnation on the attic be lif'ted on the condition the attic not be used for habitable space (may only be used for storage); the �roperty must be re-inspected and a C of O re-issued by April 8; if the C of O is not re-instated, the property will be referred to the Vacant Building Program.