10-692Council File # �� �� .-
Green Sheet# 3115440 .
RESOLUTION
F
Presented by
PAUL, MINNESOTA
�
1 BE IT RESOLVED, that the Counci] of the City of Saint Paul hereby certifies and approves the May 25,
2 2010 decision of the Legislative Hearing Officer for Appeals of Letters, Deficiency Lists, and denial of
3 Building Permits for egress windows for the following addresses:
5 Prouertv Appealed
6
Appellant
7 2536 Nokomis Avenue Mike Mazur
8
9 Decision: Deny the appeal and grant an extension to September 30, 2010 to come into compliance on
10 replacing the egress windows and installing two steps, permanently affixed to the wall to address the sill
ll height issue.
12
13 833 Germain Street
14
Angela and Eric Teegarden
15 Decision: Deny the appeal and grant a 90-day extension to come into compliance on all items on the
16 deficiency list; the sill height issue was grandfathered in.
17
18 255 Smith Avenue Bill Fredericks, McGough Facility Mgmt
19
20 Decision: Deny the appeal concerning item 13 for the electrical outlet for the AV projector and grant an
21 extension for one year to come into compliance; Fire modified the original orders that were issued
22 removing item 12 on the deficiency list. '
23
24 476 Summit Avenue Kitty Gogins
25
26
27
28
29
30
Decision: Grant a 3.5-inch variance on the openable height of the egress window in the third floor — studio,
bedroom; the issue concerning the French glass door is continued until a determination on the zoning of the
building is made by the Planning Commission Zoning Board Committee; the hearing officer also requested
corrected orders beissued.
31 1849 Sherwood Avenue Renewal by Anderson
32 '
33 Decision: Deny the appeal; appellant provided new dimensions of replacement casement windows which
34 do not require a variance.
35
36 701 Stewart Avenue Sandau Construction Co.
37
38 Decision: granting a 3.4-inch variance on the openable height of the two double hung egress bedroom
39 windows; the window measuring 16.62" in height by 21.4" in width was not being used as sleeping room ,
40 and did not require a variance. For future sale of the property, the owner must disclose that the window �
41 does not meet egress and may not be used as a sleeping room.
9�
42 1996 Merriam Lane
43
Howard Kvasnik
44 Decision: granting a 2.25-inch variance on the openable height of the egress bedroom window in the lrn�rr
45 unit; grant the appeal on the retaining wa11 as it is not located on this property.
46
47 510 Hovt Avenue
48
Sadik Ozoglu, Emerald Holdings
49 Decision: Deny the appeal and granting an extension to July 2012 to replace the egress bedroom windows.
50 •
51 1173 Edgerton Street
52
53
54
55
56
57
58
59
60
61
62
63
64
65
Makenzie McCormick, Lil Rex LLC
Decision: Grant the appeal on the egress windows for Unit 1— bedrooms 1 and 3; deny the appeal on the
egress windows for Unit 2— bedrooms 2 and 3 and grant 90 days to come into compliance.
1485 Ivy Avenue East
Thomas Thul
Decision: Grant a variance on the sill height issue in Unit 7 provided a permanently fixed step is installed
below the egress windows (5" — 7" in height and full width); tread must be a minimum of 10" in depth;
grant a 4-inch variance on the openable height of the egress bedroom window in Units 1 and 3; grant an 8=�
inch variance on the openable height of the egress bedroom windows in Units 6 and 7. The egress
bedroom window in Unit 5 was not measured due to an over accumulation of material. When the unit is
de-cluttered and the inspector is able to gain access to the window, it will be measured and appealed
separately if necessary.
Adoption Certified by Cou cil Secretary
BY� i
ApprovedbJ ay . ate � ��
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By:
Requested by Department oE
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Form Approved by Ciry Attomey
By:
Form Approved by Mayor for Submission to Council
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Approved by the Office of Financia] Services
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Adopted by CounciC Date �/�7��fi/�J
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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23���ZOtio I Green Sheet NO: 3115440
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Assign
Number
For
Routing
Order
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Conqct Person 8 Phone:
Marcia Moertnond
Must Be on Council Agenda by (Date):
Doc. Type: RESOLUTION
E•Document Required: Y
Document Contact:
Contact Phone:
Total # of Signature Pages _(Clip All Locations for Signature)
Resolution approving the May 25, 2010 decisions of the Legislative Hearing Officer for Appeals of Letters, Deficiency Lists, and
denial of Building Permits for egress windows at 2536 Nokomis Avenue, 833 Germain Street, 255 Smith Avenue, 476 Swnmit
Avenue, 1849 Sherwood Avenue, 701 Stewart Avenue, 1996 Meniam Lane, 510 Hoyt Avenue 1173 Edgerton Street, and 1485 ]ry
Avenue East •
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Commitlee
Civil Service Commission
Personal Serv�ce Contracts Must Answer the Following Questions:
7. Has this persoNfirm ever worked under a contrect for this depaRment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and aHach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvanWges If Approved:
DisadvanWges If NotApproved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(F�cplain)
CostlRevenUe Budgeted:
Activity Number:
June 23, 2010 4:17 PM Page 1
10-692
MINUTES OF THE LEGISLATIVE HEARING OFFICER
ON APPEALS OF LETTERS, LETTERS OF DEFICIENCY,
VACANT BUILDINCs REGISTRATION NOTICES & FEES,
AND DENIAL OF BUILDING PERMITS
Tuesday, May 25, 2010
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legisiative Hearing Officer
The hearing was called to order at 1:40 p.m.
STAFF PRESENT: Jim Bloom, Department of Safety and Inspections (DSI) — Building
Inspections, Christine Boulware, DSI — HPC; Michael Urmann, DSI — Fire; and Mai Vang, City
Council Offices
Appeal of Mike Mazur to a Certificate of Occupancy Deficiency List for property at 2536
Nokomis Avenue. (Rescheduled from May 11)
Mr. Urmann stated that there were two issues concerning the bedroom egress windows. The first
was the sill height which was 56.5 inches and the code required 48 inches. The windows were '
awning style and the size of the windows measured at 14 inches in height and 20 inches in width.
He explained that there was a center baz in the window which did not allow it to open to the fu1140
inches in width.
Mike Mazur, property owner, stated that the house was stucco and it would be extremely difficult
and costly to replace the cvindows if he had to cut into the stucco.
Mr. Bloom suggested he install casement windows which should be able to meet the openable
dimensions.
Ms. Moermond recommended denying the appeal and granting an extension to September 30 to
come into compliance on replacing the egress windows and installing two steps, permanently
affixed to the wall to address the sill height issue.
2. Appeal of Angela and Eric Teegarden to a Certificate of Occupancy Deficiency List for
property at 833 Germain Street.
Mr. Urmann stated that the egress windows were awning style and the size of the windows
measured 11 inches in height by 28 inches in width.
Angela Teegarden, property owner, stated that the property was Section 8 and had always passed
previous inspections. She had obtained a bid from a contractor to replace the windows with either a
slider or casement windows. She was also concemed about the sill height as a ladder had been .
installed under the window which was permanently affixed to the wall.
Ms. Moermond reviewed the bid from the contractor on replacing the windows and recommended
replacing the egress windows with casement-style windows to meet the d'unensions. She also
recommended granting a 90-day extension to come into compliance on ali items on the deficiency
list. She confirmed with Mr. Urmann that the sill height issue was grandfathered in.
Z69-06
10-692
May 25, 2010 Property Code Minutes Page 2
3. Appeal of Bill Fredericks, McGough Facility Management, to a Certificate of Occupancy
Deficiency List for property at 255 Smith Avenue.
Mr. Urmann stated that he had talked to Assistant Fire Marshal Owens who agreed to withdraw the
orders concerning item 12 on the deficiency list relating to wall/ceiling finished for flame spread
ratings since the entire building had an operational sprinkler system.
Bill Fredericks, McGough Facility Management, stated that the buiiding was the Nasseff Specialty
Center of United Hospital. He was opposed to having to replace the outlet for the projectors as the
auditorium would have to be closed for a day in order to install new code compliant outlets.
Currently, the power cords for the projectors run through a 5/8 inch hole in the sheet rock where the
outlet was located above the ceiling. He did not believe this posed a fire danger as it was difficult to
access.
Mr. Urmann responded that the code did not allow far an electrical ouUet to run through the top of a
ceiling, or through walls, as there was no fire separation. In this particulaz case, the sprinklers were
located underneath the placement of the outlet in the ceiling.
Ms. Moermond recommended denying the appeal conceming item 13 for the electrical outlet for the
AV projector and granted an extension for one year to come into compliance. She noted that Fire
had modified the original orders that were issued removing item 12 on the deficiency list.
4. Appeal of Kitty Gogins to a Certificate of Occupancy Deficiency List for property at 476
Summit Avenue. '
Mr. Urmann stated that the main issue was with the over occupancy of the building. The building
was zoned for four units, and upon inspection, the inspector found that there were seven units. It
was incumbent upon the owner to go through zoning to legally change the use of the building.
Mr. Bloom stated that he had not inspected the property; however, he was concerned with the
change in the use regazding fire separation and other life/safety issues.
Kitty Gogins appeazed and stated that she had power of attorney for her mother, Olga Zoltai, the
property owner. She explained that the property was zoned for six units, four units in the main
house and two addirional units in the carriage house. She said they were scheduled to be heard
before the Planning Commission Zoning Committee on Thursday, May 27 conceming the zoning
issue with the building. There were two items on the deficiency list which she was appealing; the
egress windows in the third floor studio unit and the French glass door which was historic.
Mr. Urmann stated that the door was between a unit that lead to the core stairway and required a
one-hour fire separation; the glass door only had a 20 minute sepazation. Since the building had
been converted to contain a third floor studio, the Fire code required the building be fully
sprinklered and there would need to be access out of the third floor.
Ms. Moermond responded that this was not listed as a deficiency in the orders that were issued. Mr.
Urmann responded that this was an oversight on the part of the inspector.
Z69'O6
10-692
May 25, 2010 Property Code Minutes Page 3
Ms. Boulwaze stated that the HPC's concern was the number of units with the requirement for
egress from the building and how it may affect the exterior design of the building. She also
expressed concern over a handicapped accessible ramp at the front of the building which required a
permit be renewed every year and the HPC would like to see the ramp removed.
Ms. Gogins stated that her mother had owned the property for 28 years and had not applied to
rezone the properry when work had been done to put in a unit for a cazetaker in the basement as ,,
well as the third floor studio unit. The property was extremely difficult to sell and they did have a
purchase agreement on a contract for deed which was pending on the determination of the zoning
committee. The purchaser did agree to de-convert the building down to a total of one unit for the
carriage house and four units for the main building within six years.
Ms. Moermond recommended granting a 3.5-inch variance on the openable height of the egress
window in the third floor — studio bedroom; the issue concerning the French glass door is continued
untii a determination on the zoning of the building is made by the Planning Commission Zoning .
Board Committee. The hearing officer also requested corrected orders be issued.
5. Appeal of Bryan Horton, Renewal by Anderson, to the denial of a building permit to replace
egress windows for property at 1849 Sherwood Avenue.
Mr. Urmann stated that permits were pulled to replace three double-hung windows that do not meet
proper egress. Two were 14 inches in height by 35 inches in width. The other window was 14 '/2
inches in height by 31 inches in width. �
Bryan Horton, Renewal by Anderson, stated that he had talked to the property owner several times
about replacing the windows with casement windows and he refused to agree. He said he will not
install new windows if he is not granted a variance.
Ms. Moermond suggested Mr. Horton check to see if there were stops at the top of the windows and
if they could be removed and could open to 16 %z inches in height, she would recommend granting a
variance. Otherwise, the windows would need to be replaced with casement windows. She '
recommended denying the appeal unless the property owner agreed to install casement windows.
On June 8, 2010, Mr. Horton contacted the hearing officer indicating that the property owner had
agreed to replace the windows with casement windows, the dimensions being: two windows at 35
by 37 and two windows at 31 by 37. Since the windows meet egress, a vaziance is not required.
6. Appeal of Sandau Construction Co. to the denial of a building permit to replace egress
windows for property at 701 Stewar[ Avenue.
Mr. Urmann stated that permits were pulled to replace three double-hung windows that do not meet
proper egress. Two were 20.6 inches in height by 21.4 inches in width. The other window was
16.62 inches in height by 21.4 inches in width.
Jacob Cooner, property owner, stated that he had just purchased the house and wanted to replace the
two windows in one of the bedrooms. The other room that had the one window which he wanted �
replace was not going to be used as a bedroom and was what he called a"dude" room where he and
his friends hung out.
169 6
10-692
May 25, 2010 Property Code Minutes Page 4
Ms. Moermond recommended granting a 3.4-inch variance on the openable height of the two
double hung egress bedroom windows; the window measuring 16.62" in height by 21.4" in width
was not being used as sleeping room and did not require a variance. For fuhue sale of the property,
the owner must disclose that the window does not meet egress and may not be used as a sleeping
room.
Appeal of Howazd Kvasnik to a Certificate of Occupancy Deficiency List for property at
1996 Merriam Lane
Mr. Urmann stated that the egress windows in the lower unit bedroom measured 21 `/o inches in
height by 26 inches in width. The other issue being appealed was deteriorated retaining wall.
Howard Kvasnik, property owner, presented photos of the retaining wall. He contended that the
retaining wall was not on his property but was on the neighboring property and matched the wall.
that they had surrounding their property.
Mr. Urmann presented photos and stated that the wall was next to the garage, was a different style
wall, and was located closest to this property which was why it was cited in the orders.
Ms. Moermond recommended granting a 2.25-inch vaziance on the openable height of the egress
bedroom window in the lower unit; the issue concerning the retaining wall is continued so the
property owner can provide proof of where the property line is located and whether the wall is on
his property or the neighboring property.
On June 1, 2010, Ms. Moermond reviewed the photographs provided by the property owner on the
location of the property line and based on the documentation, the retaining wall was not located on
this property; therefore, Ms. Moermond recommended granting the appeal.
Appeal of Sadik Ozoglu, Emerald Holdings, to a Certificate of Occupancy Deficiency List
for property at 510 Hoyt Avenue. '
Mr. Urmann stated that the windows were awning style with dimensions of 18 inches in height by
42 inches of width; however, the windows only opened to 9 inches as he believed there was a bar
running through the middle.
Sadik Ozoglu, property owner, stated that his building had Section 8 tenants and he did not want to
see them displaced. He had been saving money in escrow to replace the windows and planned to do
so in 2012-2013, but did not have the money to replace them all right now. He asked for an �
extension to July 2012 to replace the windows.
Ms. Moermond reviewed the history of the property in STAMP and stated that it was a pristine
building and appeared well managed. Under normal circumstances, she would never grant a two
year extension but was willing to make an exception given the good history of the pzoperty. She
recommended denying the appeal and granting an extension to July 2012 to replace the egress
bedroom windows.
Z69-0 L
10-692
May 25, 2010 Property Code Minutes Page 5
9. Appeal of Makenzie McCormick, Lil Rex LLC, to a Certificate of Occupancy Deficiency
List for property at 1173 Ed�erton Street.
Appellant requested her appeal be reviewed so that she need not attend the hearing.
Grant the appeal on the egress windows for Unit 1— bedrooms 1 and 3; deny the appeal on the
egress windows for Unit 2— bedrooms 2 and 3 and grant 90 days to come into compliance.
10. Appeal of Thomas Thul to a Certificate of Occupancy Deficiency List for property at 1485
Ivv Avenue East.
Grant a variance on the sill height issue in Unit 7 provided a permanently fixed step is installed •
below the egress windows (5" — 7" in height and full width); tread must be a minimum of 10" in
depth; grant a 4-inch variance on the openable height of the egress bedroom window in Units 1 and
3; grant an 8-inch variance on the openable height of the egress bedroom windows in Units 6 and 7.
The egress bedroom window in Unit 5 was not measwed due to an over accumulation of material.
When the unit is de-cluttered and the inspector is able to gain access to the window, it will be
measured and appealed separately if necessary.
Z69-06