10-445Council File # 10-445
Green Sheet # 3106756
RESO�UTION
MINNESOTA
�
BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
heazing record and testimony heazd at public hearing on Apri17, ZO10 hereby memorializes its decision to
certify and approve the Mazch 9, 2010 decision of the Legislative Hearing Officer for the following
address:
6 ADDRESS
8 919 Carroll Avenue
9
10
I1
12
13
14
IS
16
APELLANT
Tim Wesbrook
Decision: Deny the appeal and staying enforcement of the vacant building registration requirement on the
following conditions: i) all of the items on the August 13, 2007 Letter of Deficiency revoking the Fire C of
O must be addressed by Apxil 15, 2010, with the exception of the repair of the retaining wall which shall
be completed by June 1, 2010; if these conditions aze not met, the building shall be vacated, vacant
bu3lding registration and fees shall apply, and a certified of code compliance shall be required before the
building may be re-occupied; 3) if additional code deficiencies are identified during the re-inspection of the
items outlined in the August 13, 2007 letter, the deadl'anes in those orders shall be used, unless those orders
17 are appealed sepazately.
18
19
Adoption Certified by Coun �I Secretary
By:
Approved Ma or te � �(�J
By:
Req�esYed by Departme�t oE
�
Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Counci]
By:
Adoptad by Council: Date ��,��/�l/l�
10-4 5
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
Department/Office/Council: Date Initiated:
�o-�°°°°�" 1AAPR2050 Green Sheet NQ; 3106756
ConWCt Person & Phone:
Decartment Sent To Person Initial/Date
Marcia Moermond o ouncil 0
6-$57� I oaodl De artmentDirector
A 2 'tvClerk Ci Clerk
Must Be on Council Agenda by (Date): Number 3 �
For 4 �
Routing
Doc.Type:RE50LUT10N Order 5 0
E-DocumentRequired: Y
Document Coirtact: Mai Vang
Contact Phone: 6-8563
Total # oF Signature Pages _(Clip All Locations for Signature)
Action Requested:
Resolution memorializing City Council action taken Apri17, 2010 denying the appeal with conditions for property at 919 Carroll
Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Co�trects Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB CommiHee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
ToW I Amoun[ of
Trensaction: CosURevenue Budgeted:
Funding Source: Activity Number:
Financial I nformation:
(6cplain)
April 14, 2010 9:00 AM Page 1
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March 1, 2010
Tim Wesbrook
920 Washington Ave
Detroit Lakes, MN 56501
RE: 919 Carroll Ave
Dear Mr. Wesbrook:
CITY OF SAINT PAUL
C1T'Y CLEAK'S OFFICE
Your application for an appeal has been received and psocessed.
10-445
Please attend the public hearing before the Legislative Hearing Officer on Tuesday, March 9,
2010 at 7:30p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning
the above referenced property. At that time the Legislative Hearing Officer will hear all parties
relative to this action. Failure to appear at the hearing may result in denial of your appeal.
Sincerefy,
,�
�-''E��' ""L°le1
Shari Moore
City Clerk
cc:
��� �
Matt Dornfeld, Vacant Buildings Supervisor
Steve Magner, Vacant Buiidings Program Manager
Dennis Senty, DSI Code Enforcement O�cer
Marcia Moermond, Legislative Hearing Officer
Jesry Nendrickson, Deputy City Attorney
15 WEST KELLOGG BOULEVARD, SUIT'E 310 SAINT PAiII, MINNESOTA55102 Tel: 651-266-8688 Fax: 651-266-8574 wwwstpaul.gov
M Affianahve Actiw Equal Opportuniry Employer
10-445
AP'PLICA'I�30N FOR APPEAL
� Saint Paul City Cierk
15 VrT. KeIIogo Blvd., � l � Ciiy Hall
Saint Paul, Minnesoia �� 102
Telephone: (651} 266-8688
1. Address of Property being Aopea:ed:
C t !] /' 1 � ✓���,
4. Name of Owner:
Z�r7 )ZO�o
Address: 97_O LU�f�� r 7O ��"� � City: �e. r e. �� State: n �__ Zip: S�ri �b �
Z C� � y l$ Z('`�
Phoae Numbers: Business�t� ' Residence �Ff Cellulaz �3`�' (���
5. AppalIanl/ Agplicauf (if other than owner):
Phone NutIIbers: Business
��� �.�.
L�..b.? ��r;�;
FEB 2 o L�p�
GCfY CLERK
2. Number of Dwelliu� Units: � 3. Date of Z�uer Appealed:
City;
Residence
�ignature:
CeIlulaz
NOT'E: A$25.00 filing fee made payable to the City of Saint Paul must aecompany this application as a
necessary condition for filing. Yau must atta"ch a copy of the original ozders aud any other eozrespondence relative
to this appeal. Any persoA unsatisfied by the final decision of the City Council may obtain judicial review bq
�mely filing of an acrion as provided by law in Districi Court.
ror O�Fice Use Oniy `�
aie Received: Fx Received: Receipt Number: Da�e of Hearing.
_;;�� f��/�c� ���'p� � ��l (��{� � �
! 6 StaYe specifically what is being a�pealed` and why (Use au attachment if necessarg):
2000/F5B/05/SAT 0?;56 Ai�f LAKES MORTGAGE GAOUP FAX No,218 844 5470
. Al'PLIC�`I'�flI�I FOR AP�'EAL
- s�t �a� cz�y c�� .
Is v�'. �eTlo�g Biva.', s1fl c:ity �a1t
----�-��P�, r��o� sszflz-, -
'Felephane: (65i) 266-86$8
1.'Add�ess of Properiy be_g
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�. NaAas
Address:��To�s76n��.-City:�.• ae`: tst'1�" �tate: . '.� _L``_!_ --
Pkivne,�Vnmbers;Busin�ss��-�`/�9' Residen_ ��F7-�a?l�_ Ce.11u�lar 2�j`�• E�'63
,,: . ��//�� '.. � � _ .. . .
5 • �PP��?�� AgpJite,�f (i;F otber tY�aii o�uei): . . - , • '. � .. .
Add�'ess: � CXty: _� V — �S --- Ziimi �
' Phone 1�7nnzbers: Busmess Resideaca Cellul�r
'Si�ature� '
_ .�. ,,, � .
... , .,. ...
5 St�te speci€cca7.iy what Ys lieaug agpeal�d•�d.ww�y..fl7se`a�ta� i�necessar3r)_
Ntimher of DwolIirig Units: 3:
ti
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Np'I`E: A$25.Q0 i�ing fee inadepayabFe xo t�e CiTyof 3aint Pau? must accorn�pany tlus appIicati�'ms a
necessacy condition �or flmg: Yov. must �Ya'cb a copy of the o�iginat o�e�s �n[1 an� oflies co�espvad�n�e ieia7ive
ta tbis a�peaL .Azz�*�eyson �nsatis£�ed; bA the �ffial de.ciszoa of Y3�e{:ity Cat�Sci� rnay obtain}�c?i.disf revi�w Uy
' �Y �ag of an asiabri as provided I�y ]a'v� 'sn �'ss4a�.-t Go?Rt. �-- - . , . -
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10-445
F3�GE��°�!�
FEB 2.� 20]p
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10-445
From: Shari Moore
To: Haas, Christine
Date: 3/1/2010 2:10 PM
Subject: Fwd: 919 Carroll Ave, application for appeal
Attachments: AR-M350_20000205_010449.pdf
»> Tim Wesbrook <td wesbrook(�vahoo com> 3/1/2010 12:12 PM »>
Piease add the following to my appeal,
My dad and business partrier had a stroke the first part of December and past away February Slth. I spent every e#ra hour with
him in the hospital and then in rehab for the past two and a half months. I take responsibility for not following up to make sure I
got this property off the vacant building hst. However, due to the above event I wouttl hope you may waive the 1,1OD.00 vacant
building fee and give me time to get this property off the list. Attached is my documentation.
Best regards,
Tim Wesbrook
Z18 234 1503
2000/FEB/05/SAT 01:56 A� LAKES MOATGAGE GROUP FP.X No.218 84� 5470 P.002
TRANSACTION REPORT �i8-�49�
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Febzvary 19,-2010
Rc: AZ9•Catro7l A'Ve
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T�avelieenreque'sfing'an iiispea(ian"onthis property for flie past couple.aionths. `We
:G.aaliY:ai� Ket.a-day'for an;n.�ction anfl nn..ona shq�ed u� This pxopeity. a
oategary7�snc1 �ou ha'�e now cbange8 zt`Yo a categor`y.2. I ilo n6ti'kito"va wliaf'is.going an.
� �caif3iThe eity of$t. Paui,.but you stt�1. t�ave this home valuod at over 200,000.00 d a7lacs. I
puzs�asedtliis.Lome8D,D00.90.I]�avs.also contaatedthe assessor's.of�.ce anrl ��s
iufomxed same�ne woald get back to.me but U� the.inspealion ou �kis.ProPert3' no one
„�a,Fseplresr`-va.. ,
-„-;:�;:, � ;.,,::. ., •F
�T�4.?�s`notblug.wri+ng'svv�th tbis Propectyro war�ant a category 2 and'cwould 1�7:e a
, '�secciad:op'n� � .
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2000/FEB/OS/SAT 01:66 AM LAKES MORTGAGE GAOUP ?AX No,218 84� 5470
10 — d 4 003
Yag�e 1 of 1
919 Caaoll Ave
FGT:tImWT✓ROOkNl�+`��Yniva.cpray :.CbCaw�in T4..�'^v`:.an/2�.'L]:Ot�'.'eh::6C31.
Tc '�-4A1:lT�p.TJ!Ufn.�tus
Q. Ce.1�S.SBfIry'g'QA�'JeWt'�. f.{6
9t youL earliesc coavenience we wonld likL eomeonc to inspec[ t[vs propMy. We Lave contacrcd yow office on secvecat ocavioac fni the pastcaaple
months. F imdcismadthai there �vas
an inspecaoa deYe sctbu[was notkept. (snow stosm) Pkase contact Julie @ 651332 9477 or Tim � if8 234 lifl3
Deonis I callcd Lica's number this mommg and received her voice maIl, spoke to a peson m the o�ce and ste said Lisa was npt in coday. 7 do
undearmd msp��mrs work load Las 6eea greafly mcrwsed do to budget cuibaoks. '
Tnankvou.
T� Wesbzook
http://us.mg 3/I/2010
10-445
CITY OF SAIIvT PAUL
Christopher B. Coleman, M¢yor
February 17, 2010
Timothy Wesbrook
920 Washina on Ave
Detroit Lakes MN 56501-3402
DEPARTMENT OF SAFETY .S��ID I�SPECTIONS
Sreve Magner, .Manager of Code Ei forcement
A'uisanee Buddang Code Enforreme�a
37� Jackson Street, Su¢e 220 651-26G8989
Sa�ntPaul,.�4P'S57(II-1806 651-266-19I9
www stpau( poti/d i
VACANT BUILDING REGTSTRATION NOTICE
The premises at 919 CARROLL AVE
has been inspected and found to meet the legal definition of a Vacant Building as described in
Saint Paul Legislative Code, Chapter 43. You are required to register this building with the
Department of Safety and Inspections, Vacant Buildings Division, by filling out and returning
the registration form provided with this letter. You are also required to pay the annual
Vacant Building Registration Fee of $1,140.00. The fee is due upon receipt of this letter
and must be paid no later than thirty (30) days from the date of this letter, as required in
Saint Paul Legislative Code Chapter 43. If this building is vacant due to a fire, complete the
enclosed registration form and return it to this office within 30 days.
Please return the enclosed registration form along with your payment by March 17, 2010.
Do not mail cash.
If you wish to pay in person, you may do so from 8:00 a.m. to 4:00 p.m. Monday through Friday at:
DEPARTMENT OF SAFETY AND INSPECTIONS
375 7ackson Street, Suite 220
Saint Paul, MN 55101-1806
You may file an appeal to this fee or registration requirements by contacting the Office of the
Ciry Clerk at (651) 266-8688. Any appeal of this fee must be made within ten (10) days of the
date of this notice.
ISthe registrarion fee is not received in this office within 45 days of the due date the full
amount owed will be assessed to, and collected with, the taxes for this property as
permitted by Saint Paul Legislative Code Chapter 43.
The Code Enforcement Officer has notified the Building Inspection And Design Section that
this property meets the legai definition of a registered vacant building and in accordance with
Legislative Code Chapter 33, no permits (except demolition, wrecking and removal permits) will
be issued until the requirements of all applicable ordinances are fulfilled.
An Affirmative Action Equal Opportu�iTy Employer
10-445
February 17, 2010
919 CARROLL AVE
Pa�e 2
WRITTEN PERNfISSION FROM THE CITY OF SAI�T PAUL IS REQUIRED BEFORE A
CATEGORY 2 OR CATEGORY 3 VACA\"T BUILDNG CAN SE SOLD.
Category 2: Requirements include: 1. register/re-register the building, 2. pay outstanding fee(s), 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 work, and �. submit proof
financial responsibility acceptable to the Ciry, and 6. obfain Zoning approval of the
proposed use.
Category 3: All requirements listed for Category 2 vacant buildings, AND obtain a Certificate of
Occnpancy OR Certificate of Code Compliance prior to the sale of the building.
If the use of this building meets the definition of a nonconforming use by the Zoning Code then the
use will lose its nonconforming status 365 days from the date the building was declared vacant.
You must contact the Enforcement officer, Dennis Senty,
at 651-266-1930 to find out what must be done before this
building can be legally reoccupied.
The Enforcement Officer may declare this building(s) to constitute a Nuisance Building suhject to
demolition and issue an Order to Abate under authority of Legislative Code Chapter 45. In the
event this building is declared a Nuisance Building subject to demolition, fhe Enforcement Officer
wi11 notify all owners and interested parties of the Order to Abate, as provlded in the Legislative
Code Chapter 45.
If you have questions about this annual registration fee or other vacant building requirements,
please contact the Enforcement Officer, Dennis Senty, at 651-266-1930.
This registration form and fee is required by law. Your prompt attention to this matter is appTeciated.
Thank You,
Steve Magner
Vacant Buildings Program Manager
Department of Safety and Inspections
Enclosures: Regulations Requirements Information
Vacant Building Registration Form
SM: ds
vb_registrnnon notice_mdividual 10/09
DEPARTMENT OF SAFETY All18 J,J��'.CTIONS
Rabert Kess[er, Dcrec[or
CITY OF SAINT PAUL
Christopher B Coleman, MQyor
August 13, 2007
NATHAN WEGENER
2812 MARYLAND AVE S
ST LOUIS PARK MN 55426
8 E. Fourth Street. Suite 200 Telephome� 6�1-266-9090
Samt Paul. MN55/0/
RE: NOTICE OF CERTIFICATE OF OCCUPANCY REVOCATION
VACANT BUILDING
919 CARROLL AVE
Re£ # 100642
Dear Property Representative:
Your building was determined to be a registered vacant building on August 13, 2007. Since certificates are for
the occupancy of buildings, it has become necessary to revoke the Certificate of Occupancy.
THIS LETTER SERVES AS OFFICIAL NOTICE OF REVOCATION.
Saint Paul Legislative Code provides that no building shall be occupied without a Certificate of Occupancy. In
order to xe-occupy the building, the following deficiencies (if applicable) must be corrected and a complete
Certificate of Occupancy inspection may be required.
DEFICIENCY LIST
Exterior - SPLC 71.01 - Provida address numbers at least three (3) inches in height. (HN-1)
2. Exterior - SPLC 34.09 (1) b,c, 3432 (1) b,c - Provide and maintain all exterior walls free from holes and
deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements
and maintained in a professional manner free from chipped or peeling paint.-Repair all eaves, soffits and
facia that are deteriorated and paint trim around the front door, repair loose siding on the West side of
home.
3.
�
Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition.-Repair or replace
broken storm door in the back of home.
Exterior - SPLC 34.08 (1), 3431 (1) - All exterior property areas shall be maintained free from any
accumulation of refuse, garbage or feces.-Remove tree debris near the garage and boulevard.
Exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screen.-Repair or
replace torn screen on the front porch.
Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door latch.-Repair or replace broken
hardware on the front door.
10-445
Exterior - SPLC 34.08 (5), 3431 (3) - Repair, replace and maintain all exterior surfaces on fences,
sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain
exterior unprotected surfaces painted or protected from the elements.-Repair holes in the gazage eaves
and soffits.
8. Exterior - Sec. 34.08 (5) Exterior Property Areas-All accessory structures shall be maintained
structurally sound and in good repair.-Repair or replace failed retaining wall that has defects and is a
hazazd.
Throughout - SPLC 34.19 - Provide access to the inspector to all areas of the building.- Failure to allow
access may result in further enforcement action.
10. SPLC 39.02(c) - Complete and si� the provided smoke detector affidavit and return it to this office.
11. Provide the inspector with a completed and signed Residential Occupancy Affidavit.
If you have any questions, call me at 651-228-6230.
Sincerely,
Lisa Martin
Fire Inspectox
Ref. # 100642
cc: Force
10-445
March 9, 2010 Property Code Minutes Page 8
9. Appeai of Tun Wesbrook to a Vacant Building Registration Notice and Fee for property at
919 Carroll Avenue.
Appellant Tim Wesbrook (920 Washington Avenue, Detroit Lakes, MN 56501) and tenant Julie
Wilson appeared.
Mr. Dornfeld stated that the history included two vacant building files. The first was opened on
August 17, 2007 on a referral from the C of O Program with eleven deficiencies and no category
recommendation. Inspector Senty opened it as a Category 1 and it was closed on February 3, 2008
because the property was re-occupied. The file was reopened on February 16, 2010 on a referral by
Inspector Martin with the same eleven deficiencies. Inspector Martin reported that the property had
been vacant since the original vacant building file was opened in 200Z Inspector Senty opened it as
a Category 2 on Inspector Martin's recommendation.
Mr. Wesbrook stated that he had scheduled an inspection in December. He said his father had a
stroke in December and passed away in February, and he hadn't followed up with the inspection
request. He said he had purchased the property in January 2004, and asked that the property be a
Category 1.
Ms. Moermond asked Mr. Wesbrook what his plans were for the property. Mr. Wesbrook said his
plan had been to rent it. He said he purchased four properties and completed them all but this one.
He acknowledged that he hadn't followed through and gotten the inspection done. He said there
was nothing wrong with the property and requested again that it be a Category 1.
Mr. Dornfeld provided a copy of the deficiency letter from 2007.
Ms. Moermond asked Mr. Wesbrook to confirm that he had been working on other properties in
2009 and hadn't gotten this one done and it was vacant. Mr. Wesbrook said that was correct; he
said the property had been occupied since January. Mr. Dornfeld provided an email from Inspector
Martin stating that the property was not occupied.
Ms. Moermond asked whether a vacant building fee had been paid at closing. Mr. Wesbrook
responded that he had not paid any fee.
Ms. Wilson said she spoke with Inspector Martin in January to set up an appointment in Februazy.
She said Inspector Martin was late fox the appointment and she was unable to wait, so she had
gotten a message to Inspector Martin in the field to cancel the appoinhnent. She stated that she had
tried numerous times but had been unable to reach or leave a message for Inspector Martin to
reschedule the appointment, and then the house was placarded. She said the house was in good
condition and ready to be inspected.
Mr. Dornfeld provided copies of emails Ms. Wilson had sent to Inspector Martin. Mr. Urmann
confirmed that Inspector Martin had been out for a week and her voice mail had been fizll.
Ms. Moermond stated that she would like to review the property records and history and would
make her decision in a day or two.
10-445
March 9, 2010 Property Code Minutes
Page 9
On Mazch 16, 2010, Ms. Moermond recommended denying the appeal and staying enforcement of
the vacant building registration requirement on the following conditions: 1) all of the items on the
August 13, 2007 Letter of Deficiency revokin� the Fire C of O must be addressed by April 15,
2010, with the exception of the repair of the retaining wa11 which shall be completed by Tune l,
2010; 2) if these condition are not met, the bullding shall be vacated, vacant building registration
and fees shall apply, and a certificate of code compliance shall be required before the building may
be re-occupied; 3) if additional code deficiencies are identified during the re-inspection of the
items outlined in the August 13, 20071etter, the deadlines in those orders shall be used, unless those
orders are appealed sepazately.