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10-343Council File # ��- Gf Green Sheet # 3104216 RESOLUTION CITY OF SfaINT PAUL, MINNESOTA Piesented by � 1 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 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certi6es and approves the March 2, 2010 decision of the Legislative Hearing Officer for Appeals to Letters, Certificate of Occupancy Deficiency Lists, and Denial of Building Permits to Replace Egress Windows for the following addresses: Propertv Appealed 2071 Stillwater Avenue. Apaellant Shawn Korby Decision: Deny the appeal and granting a 90 day extension to discontinue the use of the upstairs for sleeping. 1637-1639 Dieter Street Clayton & Karen Morlok Decision: Grant variances on the openable height of the egress windows as follows: 1637 — 3-inch variance in the east bedroom and a 4-inch variance in the west bedroom; and 1639 — 3-inch variance in the east bedroom and a 4-inch variance in the west bedroom. 1557 Dale Street North Jeff Beissel, Beissel Window & Siding Co. Decision: Deny the appeal. 1777 Jefferson Avenue 3eff Beissel, Beissel Window & Siding Co. Decision: Deny the appeal. 1467 Cohansev Street Jeff Beissel, Beissel Window & Siding Co. Decision: Deny the appeal. 1806 Cottage Avenue Patrick Hoy, Window World Decision: Deny the appeal. 595 Phalen Boulevard Joe O'Brien, 595 Phalen Boulevard, LLC Decision: granting a variance to remain in effect for the current use and ownership of the property. 10�3�3 38 1350 Stillwater Avenue 39 Brian Durkop 40 Decision: Deny the appeal and waive the vacant building fee for six months; a code compliance inspection 41 is required. 42 43 1253 Seventh Street East 44 David Pierce 45 Decision: grant the appeal and remove the property from the vacant buildings program on the condition it 46 be occupied by August 31, 2010. 47 Requested by Deparhnent of: Adoption Certified by Co il Secretary By: ' Approvedby a Date �- �'f �!� By: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Counc�l By: Approved by the Office of Fmancial Services � Adopted by Council: Date ���d^�j/ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUOfficelCouncil: ' Date Initiated: /0 � 3�� co-�°�°°�� 25MARZO,a Green Sheet NO: 3104216 Contact Person 8 Phone: Department Sent To Person InitiallDate Marcia Moertnond . � o Councu _ I Council ' DepartmentDirtttor Assign ' z �}ry Cierk Citr Clerk � Must Be on Council Agenda by (Date): � Numher „ — — , Doc.Type:RESOLUTION EDOCUment Required: Y Document Contact: Contact Phone: For Routing Order ToWI # of Signature Pages _ iqip All Lacations for Signature) �� Resolution approving the March 2, 2010 decisions of the Legislahve Aearing Officer for Appeals to Letters, Certificate of � Occupancy Deficiency Lists, and Denial of Building Permits to Replace Egress Windows for the following: 2071 Srillwater Ave, I� 1637-1639 Dieter St, 1557 Dale St N, 1777 Jefferson Ave, 1467 Cohansey St, 1806 Cottage, 595 Phalen Blvd, 1350 Stillwater Ave, �, and 1253 Seventh St E. Recommeodatwns Appmve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service CoMrects Must Answer the following Questions: 1. Has this person/firm ever worked under a contrect for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skili not normally possessetl by any wrrent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, OpportUnity (Who, What, When, Where, Why): AdvantageslfApproved: Disadvan W ges If Approved: Disativantages If Not Approved: 7ota1 Amaunt of Transaction: Funding Source: Fi nancial I nformati on; (Explain) CostlRevenue Budgeted: Activi{y Number: March 25, 2010 12:03 PM Page 1 MINLTTES OF THE LEGISLATNE HEARING OFFICER `� �� ON APPEALS OF LETTERS OF DEFICIENCY, VACANT BUILDTNG REGISTRATION NOTICES & FEES, AND DENIAL OF BUILDING PERMITS Tuesday, March 2, 2010 Room 330 City Hall, 15 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 Inspections (DSn — Fire; Rich Singerhouse, DSI — Code Enforcement; Mai Vang, City Council Offices Appeal of Shawn Korby to a Certificate of Occupancy Deficiency List far property at 2071 Stillwater Avenue. (Rescheduled from Feb. 23) Appellant Shawn Korby (ll 08 Chatsworth St. N., St. Paul, MN 55103) appeared. Ms. Shaff stated Inspector Thomas conducted a Fire C of O inspection and the most recent orders, dated February 9, reported that the openable dimensions of the attic eeress windows were 18 inches high by 25 inches wide. She said orders dated December 21, 2009 listed a 65-foot ceiling heigl�t over a 2.5-foot wide area in the upper level. She described the layout of the attic level and the ceiling heights. Ms. Moermond asked Mr. Korby why he was appealing. Mr. Korby said there was nothing that could be done about the ceiling height. He clarified the description of the IayouY of the attia Ms. Moermond confirmed that the ceiling height was a maximum of 65 feet over an area 2.5 feet wide. Ms. Moermond asked how many bedrooms there were. Mr. Karby stated that there were three bedrooms, including the finished attic. Ms. Moermond stated that she couldn't recommend a variance for the ceiling height especially in combination with the egress window problem. She asked whether the window was double-hung. Mr. Korby said it was. There was a family of five living in the home now and asked whether two people would have to leave. Ms. Shaff said other rooms could be used for sleeping as long as requirements for egress, smoke detector and CO detection were met. Ms Moermond asked whether there were two adults and three children. Mr. Korby responded this was a married couple, two teenage boys and one teenage girl, and the boys had been sleeping upstairs. He said the basement was also finished but there was no egress window. Ms. Shaff asked whether installing an egress window in the basement was a possibility. Mr. Korby said he didn't have the resources. March 2, 2010 Property Code Minutes / D �� 3 Page 2 / � Ms. Moermond recommended denying the appeal and granting a 90 day extension to discontinue the use of the upstairs for sleeping. Mr. Korby asked whether the reinspection would be delayed for 90 days. Ms. Moermond clarified that the 90 days was only for the two items being appealed. 2. Appeal of Clayton & Kazen Morlok to a Certificate of Occupancy Deficiency List for property at 1637-1639 Dieter Street. Appellant Clayton Morlok (2673 Promontory Place E., Maplewood, MN 55119) appeared. Ms. Shaff stated Inspector Thomas had conducted a reinspection for the Fire C of O on February 25 and reported that the openable dimensions of the egress window in the east bedroom at 1637 Dieter w•ere 21 inches high by 38 inches wide, and in the west bedroom were 20 inches high by 31 inches wide. The openabJe dimensions of the egress window in the east bedroom at 1639 Dieter were 21 inches high by 38 inches wide, in the west bedroom were 20 inches high by 40 inches wide. Ms. Moermond noted that the report read "40 inches glazed" for the west bedroom at 1639; she asked whether that was the real width measurement. Mr. Morlok said he had the dimensions of the total glazed area. Ms Moermond concluded that the openable widYh exceeded the requirement. Ms. Shaff said a second issue was an elevated CO level reported in the fuel burning report. Ms. Moermond said she didn't have a copy of the orders including that item. Ms. Shaff provided a copy. Ms. Moermond noYed that it appeared to be just a lettar that had been reissued based on the results and there wasn't an inspection connected to the second letter. Ms. Shaff confirmed. Mr. Morlok said there were two fumaces, and the first letter hadn't specified an address and had said simply that the report was missing. He said he felt the elevated level had been an error and he had the fuel buming test redone; he submitted the report to Ms. Shaf£ Ms. Shaff responded that it was acceptable. Ms. Moermond recommended granting variances on the openable height of the egress windows as follows: 1637 — grant a 3-inch variance in the east bedroom and a 4-inch variance in the west bedroom; and 1639 — grant a 3-inch variance in the east bedroom and a 4-inch variance in the west bedroom. 3. Appeal of Jeff Beissel, Beissel Window & Siding Co., the denial of a permit to replace egress windows for property at 1557 Dale Street North. No one appeared; Ms. Moermond recommended denying the appeal. 4. Appeal of Jeff Beissel, Beissel Window & Siding, Co., the denial of a permit to replace egress windows for property at 1777 Jefferson Avenue. No one appeared; Ms. Moermond recommended denying the appeal. March 2, 2010 Property Code Minutes Page 3 �o���� 5. Appeal of Jeff Beissel, Beissel Window & Siding, Co., the denial of a permit to replace egress windows for property at 1467 Cohansev Street. No one appeared; Ms. Moermond recommended denying the appeal. 6. Appeal of Pah Hoy, Window World, to the denial of a permit to replace egress windows for property at 1806 Cotta¢e Avenue. No one appeared; Ms. Moermond recommended denying the appeal. Appeal to Joe O'Brien, 595 Phalen Boulevard, LLC, to a Certificate of Occupancy Deficiency List for property at 595 Phalen Boulevard. Appellant 7oseph O'Brien (29 East Oaks Road, North Oaks, MN 55127) appeared. Ms. Shaff stated Inspector Nies had conducted an inspection for the Fire C of O on February 18 and reported that there was no sprinkler coverage in the front vestibule. She said Inspector Nies had consulted with the fire inspection engineer and sprinkler inspector and both had agreed not to contest the appeal as long as the property owner and tenants agreed in writing not to store anything combustible in that area. Ms. Moermond confirmed with Mr. O'Brien that this was acceptable and asked him to submit a letter to that effect. She said she would xecommend ganting a variance to Temain in effect far the current use and ownership of the property. Appeal of Brian Durkop to a Vacant Building Registration Notice and Fee for property at 1350 Stillwater Avenue Appellant Brian Durkop (8346 Barton Avenue N. W., Buffalo, MN 55313) appeared. Mr. Singerhouse stated that a Category 2 vacant building file was opened on February 10, 2010 following revocation of the C of O on February 9 by Inspector Thoinas. He said Inspector Thomas had not inspected the interior of the building and had made the Category 2 determination because copper pipes had been stolen from the property. He said there were also issues with siding and window screens. Ms. Moermond asked whether the property was a duplex. Mr. Durkop said it was a single-family home. Ms. Moermond asked Mr. Singerhouse whether he had been inside the building. Mr. Singerhouse said he had not. Mr. Durkop stated that the previous tenants had been hozrible and had been removed on January 5, 2010. He said the tenants were responsible for the damage to the property and he believed they had broken back in and stolen the pipes; he said he was in the process of making repairs. He stated that the building had had a C of O prior to the pipes being stolen and that the property had been secured since that time. He said the house had been remodeled and was in excellent shape prior to being rented; he had not intended for it to be a rental but he had been unable to sell it. Ae said that he March 2, 2010 Property Code Minutes �� 3 �� Page 4 received the inspection notice from Inspector Thomas and left him a message that they were trying to sell the property and it was no longer a rental. He had sent an email and left numerous voice mail messages with Inspector Thomas asking that they be contacted iFthere were any problems. He said he received a second notice of inspection after receiving the Category 2 notification, and his objection was to the Category 2 status. He said he didn't feel he had adequate time to respond to the problems. Ms. Moermond asked Mr. Durkop whether he believed he'd be able to seli the house now. Mr. Durkop said he made arrangements with his bank to do a short sale. Mr. Singerhouse confirmed with Mr. Durkop that he received two appointment letters, and noted no one had shown up for either inspection. Mr. Durkop said the first letter was sent to the property management company who had notified Inspector Thomas that the house was being sold. Ae said the tenants were gone by the time of the January inspection. Mr. Singerhouse said it was at one of those inspection appointments that Inspector Thomas had discovered the back door open and the pipes missing. Mr. Durkop and Ms. Moermond reviewed the timeline of the tenants moving out and the inspections. Mr. Durkop reiterated that the property management company had contacted Inspector Thomas after receiving the first inspection notice, and he had contacted Inspector Thomas numerous times after receiving the second. Ms. Moermond asked whether there was any history on the property or record of an inspection of the interior. Ms. Shaff said there was nothing in the record. Ms. Moermond confirmed with Mr. Durkop that he purchased the property in 2006. Mr. Durkop asked whether at was a question of the prior status of the building. Ms. Moermond reviewed Mr. Durkop's history with the property. Mr. Durkop said the tenant was handicapped and had become bedridden, and the problem was with friends ar family coming to the property. Ms. Moermond said the house wasn't vacant very long but she was concerned that it be repaired correctly. Mr. Durkop stated that they were working on the property and making repairs. Ms. Moermond stated that she would recommend denying the appeal and waiving the vacant building fee for six months; however, a code compliance inspection would be required. She said this could be used in place of the Truth in Sale of Housing report. 9. Appeal of David Pierce to a Vacant Building Registration Notice and Fee for property at 1253 Seventh Street East. Appellant David Pierce and Annie Pierce (14627 Valley Creek, Afton, MN 55001) appeared. Mr. Singerhouse stated that a Category 1 vacant building file had been opened on January 12, 2010 by Inspector Nelmark following revocation oF the C of O on January 6. Ms. Moermond asked whether the building was empty at that time. Ms. Shaff stated that Inspector Thomas had been trying to gain entry since August 2009 and there had been multiple communications with the owner and rescheduling of inspections. March 2, 2010 Property Code Minutes Page 5 /a-��3 Ms. Moermond asked Mr. Pierce why he was appealing. Mr. Pierce stated that he was appealing the vacant building designation including the fee. He said he sent a letter to the city to cancel the inspection appointment because he was going to be in Europe (he provided a copy of the letter). He had let Inspector Thomas know that he'd be back in October but didn't hear from him before they lefr to go south for the winter in December. He said they gave their contact information to numerous people with the city but Inspector Thomas scheduled a January 5 appointment. He said they received notice of the inspection on January 7 and called the city at that time. He said he a�ain left cell phone numbers and e-mail addresses with city staff and asked to be notified about the property. He said he couldn't relate to Inspector Thomas and wrote a letter to Ms. Shaff. Ms. Shaff confirmed that she had received the letter and turned it back over to Inspector Thomas. Mr. Pierce said the property had been in his family for over 50 years and was in excellent shape. He provided photographs. He said the East Side had its share of crime; the placards on the house were an open invitation and the house had been broken into within ten days of being placarded. He said Mr. Singerhouse had said that the stickers could be moved to a different location as long as they remained visible, and they had been moved and were visible. He said they drove 2,000 miles to come to the hearing and were willing to occupy the house if that's what was necessary. He said they were active, interested owners. Ms. Moermond reviewed the photographs. Mr. Pierce stated that his parents had purchased the property in 1954 and he had iun a business behind the home for 38 years. He retired and sold the business to an employee, and the business had failed. He said he sold the house to a former tenant and then had bought it back and rented it for a time. He said the tenant had moved out without notice in on May 5, 2009. Ms. Shaff read staff comments from STAMP, including a note stating that there was no activity at the property. Mr. Pierce said he mowed and shoveled, and a realtor was showing the property. Ms. Moermond stated that the property appeared to be in good condition and shouldn't have been made a vacant building until it had been vacant for 365 days. She said she would grant the appeal and remove the property from the vacant buildings program on the condition it be occupied by August 31, 2010. If the property is not re-occupied by that time, a new vacant building file will be opened. She told him he could also remove the placards.