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10-401COUIICAI FIIC �$ �0 � �1 � Green Sheet # 3106356 Presented by lS 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the March 2 23, 2010 decision of the Legislative Hearing Officer for Appeals to Letters, Certificate of Occupancy 3 Deficiency Lists, and Denial of Building Permits to Replace Egress Windows for the following addresses: 4 5 Propertv Appealed AApellant 6 7 1842 Berkele�Avenue Catherine Donovan 8 9 Decision: Grant the appeal to opt out of the Certificate of Occupancy Program; the City Clerk is to refund 10 the $25 filing fee for the appeal. 11 12 1246 Seventh Street East Chadoua Vue 13 14 Decision: Deny the appeal. 15 16 905 St. Anthonv Avenue David R. Busch, DRB #24 LI,C 17 18 Decision: Grant a two-inch variance on the ceiling height in the basement bedrooms. 19 20 1072 Selbv Avenue Bruce Noyes, Ramsey County Public Health 21 22 Decision: Deny the appeal. Bostrom Carter fIams Adopted by Council: Date RESOLUTION CITY OF SAINT P_AUL, MINNESOTA Yeas �i Adoption Certified by Coun Secretary By: � i Approved b i a} or Date � Z2 7�0 !� By: Reques[ed by Department of: � Form Approved by City Attomey By: Form Approved by Mayor for Subrrussion to Council By: Appioved by the Office of Financial Services � 10-40� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �.� ,Z�RZO,o � Green Sheet NO: 3106356 ', Contaci Person & Phone: I � Marcia Moermond � Assign I Must Be on Council Agenda by (Date): Number � For I Routing 'I Doa Type: RESOLUTION -� Order i I E-Document Required: Y Document ConWct: � Contact Phone: 0 i 2 3 4 5 Total # of Signature Pages _(C�ip All Locations for Signature2 Action Requested: Resolution approving the March 23, 2010 decisions of the Legislative Heazing Officex for Appeals to Letters, Certificate of Occupancy Deficiency Lists, and Aenial of Building Permits to RepLace Egress Windows for pcoperties at 1842 Beekeley Ave, 1246 Seventh St E, 905 St. Anthony Ave, and 702 Selby Ave. Recommendations: Approve (A) or Reject (R) Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked untler a contract for this department? Yes No 2. Has this person/firm ever been a aty employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any cutrent city employee? Yes No Explain all yes answere on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Fi nancial Information: (Explain) CostlRevenue Budgeted: Activity Number: Aprif 12, 201011:19 AM Page 1 io- 40� MINUTES OF THE LEGISLATIVE HBARING OFFICER ON APPEALS OF LETTERS OF DBFICIENCY, VACANT BUILDING REGISTRATION NOTICES & FEES, AND DENIAL OF BUILDING PERMITS Tuesday, March 23, 2010 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to arder at 1:35 p.m. STAFF PRESENT: Michael Urmann, Department of Safety and Inspections (DSI) — Fire; and Rich Singerhouse, DSI — Code Enforcement 2. Appeal of Catherine Donovan for a request to opt out of the Certificate of Occupancy Program for property at 1842 Berkeley Avenue. Catherine Donovan, appellant, appeared. Mr. Urmann stated that the property did not meet the definition of an owner/occupied dwelling as the property was owned by a trust after the owner became deceased. It was his understanding that the husband of the deceased owner lived at the property. A letter was then sent scheduling an inspection of the property. Ms. Moermond stated that she had conversations with the departmenY director and the assistant fire mazshal concerning adopting a wriYten, internal policy for owner/occupied equivalency for just these types of properties. She asked whether any policy had yet been adopted. Mr. Urmann responded that he believed it was up to the City Council Yo give direction and that it likely would require an ordinance change. Ms. Donovan stated that this was not a rental property and that her father had lived here for over 54 years. She said that she had talked to Inspector Urmann who assured her that the property would not be inspected. She said the inspector obviously did not listen and showed up to inspect the property anyway causing much stress on her father. She asked that the verbiage in the ordinance be modified so that in these types of situations where a property is owned by a trust, and the home is occupied by a family member, they should not be in the Certificate of Occupancy Program. She also asked that her $25 filing fee be returned as she believed she should not have had to file an appeal. Ms. Moermond recommended granting the appeal to opt out of the Certificate of Occupancy Program as she believed the department should have handled this matter intemally. She also recommended the City Clerk refund the �25 filing fee for the appeal. Appeal of Chadoua Vue to a Certificate of Occupancy Deficiency List for property at 1246 Seventh Street East. Chadoua Vue, property owner, appeared. March 23, 2010 Property Code Minutes w-4c1 Page 2 Mr. Urmann stated this is a non-owner occupied property and the dryer vent was not installed to code. In order for the vent to be installed to code, a mechanical permit is required given the fact that this was installation of a gas appliance. The inspector did not sign off on this as being approved. Mr. Vue stated that he was appealing the order because this was not new consh and he had done this type of job many times, it took only about 10-20 minutes to do, so he didn't see the need to have to hire a contractor to do the work. Ms. Moermond asked Mr. Urmann what was required under the mechanical code. Mr. Urmann responded that since this was not an owner-occupied dwelling the code required a licensed contractor to pull a permit, have the work inspected and signed off. It was his understanding that a flexible vent was replaced with a galvanized vent on the dryer; however, a permit had not been pulled by a licensed contractor nor signed off. She explained to Mr. Vue that she could not grant variances under the mechanical code and suggested that if he wanted to file an appeal, he would have to go to the State of Minnesota, likely the Departmenf of Administration. Otherwise, he would have to hire a licensed contractor to pull a permit and have the wark inspected for approval. Ms. Moermond recommended denying the appeal and requested the department hold off on any enforcement action until after Apri17. 5. Appeal of David R. Busch, DRB #24 LLC, to a Certificate of Occupancy Deficiency List for property at 905 St. Anthonv Avenue. David R. Busch, appellant, appeazed. Mr. Urmann stated according to the appeal form, the appellant was appealing the ceiling height requirement in the basement bedrooms. The code required seven feet and the ceiling measure six feet ten inches. Ms. Moermond asked Mr. Busch if Yhe ceiling height was the only item he was appealing. Mr. Busch responded that this was correct. Ms. Moermond recommended granting a two-inch variance on the ceiling height in the basement bedrooms. Appeal of Bruce Noyes, Ramsey County Public Health, to a variance request to replace windows for property at 1072 Selbv Avenue. Ms. Moermond reviewed the dimensions of the windows and request for the variance prior to the hearing. Given the dimensions of the window being 45-inches in height and 15-inches in width, she recommended denying the variance request.