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10-486Council File # � � �b Green Sheet# 3109016 RESOLUTION OF SAINT PAUL, MINNESOTA Presented by r� 1 2 3 4 5 6 7 8 9 10 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing record and testimony heard at public heazings on April 7 and 21, 2010 hereby memorializes its decision to certify and approve the March 9, 2010 decision of the Legislative Hearing Officer for the following address: ADDRESS 1965 Hvacinth Avenue East APELLANT Michael & Sharon Murphy Decision: Appeal granted on the egress windows and property was given a`B-Rating". Yeas Nays Absen[ Carter ,/ Bostrom � Harris �/ Helge� ,/ Lantry ,/ Stark / Thune ,/ � Requested by Department of: � Form Approved by City Attorney By: Adopted by Council: Date S�/.Z�o'{O/o Adoption Certified by Counci ecretary � BY �c r. Approved,b}viobay � Date !�/ ?C! t/ o! � By: L�' � s'��`i Form Approved by Mayor for Submission to Council By: � Green io- �� Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmentlO�celCouncil: Date Initiated: CO—Council 30APR2010 Green Sheet NO: 3109016 Contact Person & Phone' Department Sent To Person Initial7Date Marcia Moermond y o om�u [� 6-$b7� 1 onncil De artmeptDirector . Assign 2 i Clerk C5 Clerk Must Be on Council Agenda by (Date): Number 3 0 For Routing 4 0 Doc.Type:RESOLUTION Order 5 � E•Document Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken April 7 and 21, 2010 granting the appeal on the egress windows and was given a "B-Rating" for property at 1965 Hyacinth Avenue East. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 7. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill nol normally possessed by any current ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantage5lf Approved: DisadvanWges If NotAppfoved: Total Amount of Trensacfion: CosN2eve�ue Budgeted: Funding Source: Activity tSumber. Financial Information: (Explain) April 30, 2010 10:14 AM Page 1 v ��_. o. a ���� 9 CITY OF SAINT PAUL m ���� �� ° CITY CLERK'S OF�ICE February 25, 2010 Michael & Sharon Murphy 4378 Livingston Drive Eagan, MN 55123 RE: 1965 Hyacinth Ave E Dear Michael & Sharon: Your application for an appeal has been received and processed. P{ease attend the public hearing before the Legislative Hearing Officer on Tuesday, March 9, 2010 at 1:30 p.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. Si , erely, t . � � G �� % � Shari Moore City Clerk cc: Mike Urmann, DS4 (Fire) Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARD, SUI1'E 310 SAINT PAUI, MINNESOTA5530? Tel: 651-2668688 Fax: 651-266-8574 wwwstpauLgov An A�rtnanvc Acnon Equal Opportumry Employer � APPLICATION FOR �APPEAL ^ Saint Paul City C1erk 15 W. KeIlogg Blvd., � 10 City Hall Saint Paul, Minnesota �5102 Telephone: (b51) 266-8688 s4 ���1��� � 2 S �01� �p�-�s, ���� a � J. Address of Property beina Appeaied: 2. Number of pwelling Units: 3. Date of Letter AppaalE r, � ti�{Co5 �GC,�n'ch C�LL� � � c,�;�l� !-eb_1`� �c1Q 4. Name of Owner: � � �' �lCU'—� t�j�1C�vU� T�l.�r p�ltl 4� ' s ��,r�c.��tr�R- �� a� 1�1G� `�t33 Address: ��-�� �-- � City: �_,State: Zip: �1 ���1 PhoneNumbers:Bus�ess Residence -� � �"�� 5. Appellant / Agplicanf (if ather than own8r): ,���� � � � ( Address: Crt;': State: Phone Numbers; Business Residence b State specifically what is being aggealed' and w�y €Use an attachment if necessary): �. �e.r'l � � - � ' r��c3� V�� r��e�ti � �i �G �1�� � -kPhn � �� - "t'Cli`P�'�S ��`\:�C�=�� '�C�`. ��Z� <' C'_ � � C3 �' `�-�'�t V 'L ��l �-� U N l`� C� Cellular NOTE: A�25.00 fiin� fee made payzble to tae Ciry of Sain: Paul must accomD�y this application as a necessasy condition for fiiina. You mast allacb z copy oi the ori�nal araers and any other corresnondence relat�ve to this zppeal. Any person unsarisfie3 by the final decision of tt�°. Ciry Council mzy obtain judicia: ie��ew by �mei; fiIing oi an acrion a�s nrovided by law in District Ca� Fo: O uce TJs� Onlv t Date Received: _/_ � ;`; � Fe., VC.�Y12- �� � �i� eceipt Nurnber. L?zie oi He��a�: ��'> �, k= f 1 l' 1 Q���, Z i DEPARTMENT OF SAFE'f'Y AND INSPECTIONS Fire Inspection Division Bob Kessleq Director CTI'Y OF SAINT PAUL Christopher B. Calem¢n, Mayor 375 Jackson Streef, Suite 220 Saint Pau{ Minnesot¢ 5510/-1806 Q � � � \ � Februaryl8, 2010 Telephone: 651-266-8989 Facsimile.� 65l-266-8951 We6� mwvsmau[rov/As� �� , MICHAEL BRIAN MiJRPHY SHARON G MURPHY � '� �> 4378 LNINGSTON DR � � ��"� � � EAGAN MN 55123-2604 ',� � ,n �l� ���� ��r �J �� FIRE IllT3pECTTON CORRECTION NOTICE RE: 1965 HYACINTH AVE E Ref. #103092 Residential Class: C Dear Property Representative: HAVE YOUR CONTACTOK CALL BiJILDING INSPECTOR FOR A F1NAL. �2 Your building was inspected on February 18, 2010 for the renewal of your Fire Certificate of Occupancy. Approval for occupancy wall be granted upon compliance with the following eJ r ,?SS deficiency list. The items on the list must be corrected prior to the re-inspection date. A re- � inspection will be made on March 22, 2010 at 1130 A.M.. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul L,egislative Code requires that no building shall be occupied without a Fire Certificate of Occupancy. The code also provides for the assessment of additional re- inspection fees. YOU WII,L BE REjPONSIBLE FOR NOTIFYIivTG TEIvTFiA.TTS � AI�,TY �F THE FOLLOWING LTST OF DEFICIENCIES ARE THEIR RESPONSIBILITY. DEFICIENCY LIST / t7 1. BATHROOM - MSFC 605.1 -Replace TEMPORARY electrical fixtures. may require a permit(s). Call DSI at (651) 26fr9090. �� �3 L � Bedroom Westside - MSFC 1008.1.83 LOCKS AND LATCHES - Locks and latches�` ,�; pulls latches locks and other operating devices shall be installed 34inches minimum�.and 48inches maximum above the finished floor. �� �; ;'�i�i ;� j j� � `:-� � � Bedroom Westside - MSFC1026.1 - Provide and maintain an approved escape window from each sleeping room. The minimum size must be 5 square feet of glazed area with a � po�nfi� � + � ��;� �S � � ��\� �� � �� ; �l9' x �� ��� � This wor� An Equal Opportunity Employer x x � r � �� � � ��� ��'� *��\ � �� . � �� v � `� 5 �� � � � minimum of 24 inches of openable height and 20 inches of openable width. With a finished sill height not more than 48 inches. Refer to provide handout EW-1 for more information.-Window measured at 14inches openable width and 36inches openable height glazed 30inches and sill 27inches. SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul F,ire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. SPLC 39.02�c) - Complete and sign provided smoke detector afFidavit and return it to this office. �� `:``_�`:� ����� � �S`=�`� '� i �", ^' Y 2c� MSFC 605.6 - Provide all openings in junction boxes to be sealed. MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. MSFC I 011 2- Remove the materials that cause an exit obstruction. Maintain a clear and unobstructed exitway.-remove all cords from all pathways. MN Stat 299F.1$ - Immediately remove and discontinue excessive accumulation of combustible materials.-Remove all excess mattresses from basement �� 10. SPLC 200.02 (a) No person shall own, hazbor, keep or maintain in the City and dog over three months of age without a license. Provide written documentation of current license to the Fire Inspector. To obtain a dog license, contact DSI at 651-266-8989 11. iJMC 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 entire exhaust system shall be supported and secured in place. INSTALLATION REQUIIZES A PERMIT. 12. MSFC 315.23 - Remove combustible storage from the fuel burning equipment rooms.- Remove all cans marked extremely flammable from furnace room 13. UMC 1346.703 - Provide 30 inches clearance azound all mechanical equipment. � � 14. MSFC 1026.1 - Provide and maintain an approved escape window from each sleeping ��� J "\ room. The minimum size must be 5 square feet of glazed area with a minimum of 24 '� �� inches of openable heiaht and 20 inches of openable width. With a finished sill height v�� not more than 48 inches. Refer to provide handout EW-1 for more informarion. `l ��� For an explanation or information on some of the violarions contained in this report, please visit our web page at: http:1/wwv✓.ci.stpaul.mn.us/index.aspx?NID= You have the ri�ht to appeal these orders to the Le�slative Heanng Officer. Applicarions for appeals may be obtained at the Office of the City Clerk, 310 City Hall, City/County Courthouse, 1> W Kellog� Blvd, Saint Paul'VII� �5102 Phone: (651-266-8688) and must be filed within 10 days ofthe date of this order. If you have any questions, email me at: james.thomas@cistpaul.mn.us or call me at 651-266-8983 between 730 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to five and work. Sincerely, James Thomas Fire Inspector Reference Number 103092 March 9, 2010 Property Code Minutes Page 5 6. Appeal of Michael and Sharon Murphy to a Certificate of Occupancy Deficiency List for property at 1965 Hyacinth Avenue East. Appellant Sharon Murphy (4378 Livingston Drive, Eagan, MN 55123) appeared. Mr. Urmann stated that the windows being appealed had openable dimensions of 36 inches high and 14 inches wide. Ms. Murphy stated that the actual dimensions were twice those reported and the windows opened inward like French doors. She provided photographs. She said the inspector wouldn't allow her to demonstrate the way they opened. Ms. Moermond asked whether it would be possible to get the windows to open to 16 inches. Ms. Murphy said she didn't think so. She said the windows were replacement windows which she had spent $1,800 installing after having been cited by Section 8, and they had been approved by Section 8. She said the windows provided enough egress space and opening them inward did not require special tools or knowledge. Ms. Moermond said that opening that type if windo�v did require special knowledge and it could not be done in a single motion. She referred to the photograph and asked Ms. Murphy whether she was sure it would not be possible to get any more openable width. Ms. Murphy said she didn't think so. Mr. Urmann stated that windows must be openable without special knowledge and with a single motion. Ms. Murphy asked where the code required that a window be openable in a single motion. She said she had looked at the Minnesota Dept. of Public Safety and Section 8 requirements, and the handout provided by the city; she provided copies of materials. Mr. Urmann said the requirement came out oFthe Minnesota State Building Code and Fire Code and what Ms. Murphy had provided was not the actual code. Ms. Moermond reviewed the documents provided by Ms. Muxphy, including the handout from the city. She stated that the document Ms. Murphy had refened to was the state interpretation of the fire code, and the city had a different interpretation. Ms. Murphy reiterated that the unit had been approved by Section 8. She said she certainly didn't want anyone to die in a fire but there was enough gray area fhat she felt a variance should be granted. She said she was also appealing the grade that had been assigned to the property based on the window deficiencies. Ms. Moermond stated that if the window openable width could be increased by at least two inches she would grant a variance for the rest. She said she could not consider the fact that the windows tilted in and was surprised the windows had been approved by PHA. She laid the matter over for two weeks, and asked Ms. Murphy to measure the windows and provide photographs showing the window dimensions. She said she would also revisit the issue of points and asked Mr. Urmann to provide a point breakdown for the classification of the building. March 23, 2010 Property Code Minutes Page 2 1. Appeal of Michael and Sharon Murphy to a Certificate of Occupancy Deficiency List for property at 1965 Hvacinth Avenue East. (Continued from March 9) Ms. Moermond stated that at the last hearing, Ms. Murphy questioned the scoring of the violations for the building rating. Mr. Urmann responded that without the windows being considered, the building rating would be between an A and a B. Ms. Moermond asked Ms. Murphy whether she was able to open the windows to 16 inches. Ms. Murphy responded that she was not. She was only able to open the windows to 14.5 inches by talang the locks off the windows which posed a safety hazard. Ms. Moermond recommended denying the appeal and granting 90 days to come into compliance on replacement of the egress windows. Ms. Murphy requested a public hearing befare the City Council which Ms. Moermond scheduled for April 7. Apri16, 2010 Property Code Manutes Page 3 4. 1965 Hvacinth Avenue East: discuss C of O categorization of the building (on Council Discussion Apri121) Ms. Moermond said the appeal had involved egress windows measuring 14 inches in openable width and 36 inches openable height. She staYed that the appeal had been granted because the windows had been installed and signed off on a week befare the egress window policy went into effect and were therefore exempt. Mr. Urmann asked what the ruling had been on the C grade for the property. Ms. Moermond confirmed with him that removing the window order would change the grade to a B. She stated that the Council had asked for feedback and Mr. Urmann could review the records and make a different recommendation if he chose to. Mr. Urmann said he had reviewed his numbers that morning and was confident they were solid. He recommended the grade of the building be changed to a B.