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10-694Amended 7/07/2010 Counc;l File # Q� ____�r�_ Green Sheet # 311 �472 _ RESOLUTION `� /� � S Of SAINT PAUL, MINNESOTA v� Presented by 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the June 8, 2 2010 decision of the Legislative Hearing Officer for Appeals of Letters, Deficiency Lists, and denial of 3 Building Permits to replace egress windows for the following addresses: Pronertv Appealed Anpellant 6 7 679 Jessamine Street Window World 8 9 Decision: Grant a 2-inch variance on the openable height of the one double-hung and the two slider 10 replacement egress bedrooni windows; grant an extension to September 30, ZO10 to come into compliance 11 on the sill height issue by installing two steps, permanently affixed to the wall in front of each egress 12 window. 13 14 492 Blair Avenue IS Zia Xiong 16 Decision: Grant a 6-inch variance on the openable height of the south, main floor, egress bedroom 17 window; deny the variance request for the basement egress bedroom window and the parents' room egress 18 bedroom window; appellant shall explore options on replacing the windows with a code compliant 19 alternative. 20 21 1522 Hague Avenue Nancy Rowe 22 23 Decision: Deny the appeal and grant an extension to Sepfember 2, 2010 to come into compliance for all 24 items on the deficiency list. 25 26 132 Albert Street North Ken Cotten 27 28 29 30 31 32 JJ 34 Decision: denying the appeal and granting an extension to remove half of the items in the shed by September 30, 2010; if half of the items have been removed, will grant an additional extension to June 8, 2011 to come into compliance. If half of the items aTe not removed by September 30, 2010, appellant shall have until December 31, 2010 to remove the remainder of the items. 1198 James Avenue Robert Feigh 3� Decision: Grant a 6.75-inch variance on the openable height of the master bedroom eb ess window; �ant 36 a 4.75-inch variance on the openabie height of the southeast bedroom e�ess window; and �ant an 8-inch 37 variance on the openable height of the e�ess window in the northwest bedroom. 38 39 10-694 40 1315 Murrav Street 41 Brian Nieman 42 Decision: Grant an 8-inch variance on the openable height of the east bedroom egress window; deny the 43 appeal on the deficiency list and grant an extension to July 30, 2010 to come into compliance on all items. 44 45 1570 Race Street 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Elsie Hanson Decision: It was determined that the property is owner/occupied and is to be removed from the Certificate of Occupancy program; the owner shall label the awning window on how the window opens and take photographs of the labeled window as proof at the June 24 re-inspection; when the property is marketed for sale, the window will need to be replaced. 1615 Sloan Street Robert Bayer, Receiver for Jafaru Decision: Units 4 and 8 remain condemned and uninhabitable; the remainder of the building may remain occupied on the condition a work plan on the rehabilitation of the building is submitted by �xgxs�- �81-8 September 30, 2010; if a work plan is not submitted, the building is to be vacated by 9etek��:—:, ?^� November 1, 2010. 1368 Marion Street Toha Nguyen Decision: Deny the appeal on the vacant building registration; grant an extension on the code compliance inspection report in order for the property owners to complete the repairs to the building. 864 Marion Street Robert Schilling Decision: The property owner must obtain a C of O by August 1, 2010; if the property owner fails to do 67 so, the property is referred to the Vacant Building Program. 68 69 939 Greenbrier Street Erik Dillard 70 71 Decision: Grant a variance on the replacement window measuring 18 inches width by 33 inches in height. 10-694 72 Bostrom Carter Harris Yeas Stark Thune Adopted by Cou�cil: Date �/�/� d/d Absent Adopiion Certified by Coun �l Secretary av: Approved by y at � �J� ,� By: Requested by Department of� � Form Approved by City Attorney Bv: Form Approved by Mayor for Submission to Council By: Approved by the Office of Financial Services � 10-694 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet CO - Council Contact Person & Phone: Moemwnd Must Be on Council Agenda by (Date): Doc. Type: RESOLUTION E-Document Required: Y oowmenf Contact: Contact Phone: 24JUN2010 I Green Sheet NO: 3115472 � Assiqn Number For Routing Order 7otal # of Signature Pages _(Clip All Locations for Signature) 0 1 2 3 4 5 Resolution approves the June 8, 2010 decision of the Legislative Hearing Officer for Appeals of Letters, Deficiency Lists, and denial of Building Permits to replace egress windows at 679 Jessamine St, 492 Blair Ave, 1522 Hague Ave, 132 A1beR St N, 1198 James Ave, 1315 Murray S[, 1570 Race St, 1615 Sloan St, 1368 Marion St, 864 Marion St, and 939 Greenbrier St. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Mswer the Following Questions: 1. Has this person/frm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: DisadvanWges If Approved: Disadvanqges If Not Approved: Total Amount of Trensaction: Funding Source: Financial Infortnation: (Explainj CosNtevenue Budgeted: Activ'Ay Number. June 24, 2010 12:54 PM Page 1 10-694 MINUTES OF THE LEGISLATNE HEARING OFFICER ON APPEALS OF LETTERS, LETTERS OF DEFICIENCY, VACANT BUILDiNG REGISTRATION NOTICES & FEES, AND DENIAL OF BUILDING PERMITS Tuesday, June 8, 2010 Room 330 City Hall, 15 Kellogg Blvd. West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 1:30 p.m. STAFF PRESENT: Matt Dornfeld, Department of Safety and Inspecrions (DS� — Vacant Buitdings; Michael Urmann, DSI — Fire; and Mai Vang, City Council Offices 2. Appeal of Window World to the denial of a building permit to replace egress windows far property at 679 Jessamine Street. Patrick Hoy, Window World, stated that they were willing to build a step to address the still height issue. Ms. Moermond reviewed the window dimensions and recommended granting a 2-inch variance on the openable height of the one double-hung and the two slider replacement egress bedroom windows; grant an extension to September 30, 2010 to come into compliance on the sill height issue by installing two steps, permanently affixed to the wall in front of each egress window. Appeal of Zia Xiong fo a Certificate of Occupancy Deficiency List for property at 492 Blair Avenue. Mr. Urmann stated there were three egress bedroom windows: the main floor south bedroom measured 18 inches in height by 32 inches in width; the basement bedroom measured 14 inches in height by 27 inches in width; and the parents' room measured 41 inches in height by 11 inches in width with a large picture window in the center which did not open. Zonby Xiong and Zia Her, property owners, appeared. Mr. Xiong stated that they purchased the house in 2009 and the windows were there when they bought the house. He presented photographs which Ms. Moermond and Mr. Urmann reviewed. Ms. Moermond recommended granting a 6-inch variance on the openable height of the south, main floor, egress bedroom windo� ; deny the variance request for the basement egress bedroom window and the pazents' room e�ress bedroom window; appellant shall explore options on replacing the windows with a code compliant alternarive. She suggested they obtain bids for her review and she would consider �-anting time to replace those windows. 4. Appeal of?�'ancy Rowe to a Certificate of Occupancy Deficiency List for property at 1522 Haeue Avenue. Mr. Urmann stated that there were emails between the property owner and the inspector conceming code issues and clarification of the orders. He believed the owner did have a better understanding of what was needed to be done. One issue that remained outstanding was the supply of hot water 10-694 June 8, 2010 Property Code Minutes Page 2 pressure to the plumbing fixtures which was less than adequate flow. He explained that older buildings usually had galvanized pipes which over the years became conoded and did not allow for adequate flow of hot water. A plumber would need to either replace the pipes ar install new pipes next to the old pipes and to the fixtures. Nancy Rowe, property owner stated that she did not understand all of the codes which were sited on the orders and after several weeks of communication with the inspector, she believed she now had a better understanding. She said she was obtaining a bid from a plumber to look at what needed to be done concerning the hot water pressure in the pipes. She also had a question concerning the orders for the handrail to the front steps and the garage. Mr. Urmann explained that a handrail needed to be round and gripable. He suggested he would inspect the property with Inspector Beumer to explain any concems she had with the orders which were issued. Ms. Rowe stated that this was acceptable to her and requested additional time in order to comply with the orders. Ms. Moermond recommended denying the appeal and granting an extension to September 2, 2010 to come into compliance for all items on the deficiency list. 5. Appeal of Ken Cotten to a Certificate of Occupancy Deficiency List for property at 132 Albert Street North. Mr. Uzmann stated that he spoke with Inspector Neis regarding the orders and this was concerning a large shed which was deteriorated and was located behind the eommercial business. The shed was fenced and was obscure; however, it appeared structurally unsound. Ken Cotton, Waterproof.com LLC, stated that this was a family business which had been in existence since 1947. The shed was used to store collectibles and memorabilia concerning the business and he needed time to sort through and go through things. He requested 14 months to be able to clean it out and reconstruct it. Ms. Moermond recommended denying the appeal and granting an extension to remove half of the items in the shed by September 30, 2010; if half of the items have been removed, will grant an additional extension to June 8, 2011 to come into compliance. If half of the items are not removed by September 30, 2010, appellant shall have until December 31, 2010 to remove the remainder of the items. 6. Appeal of Robert Feigh to a Certificate of Occupancy Deficiency List for property at 1198 James Avenue. Alison Fei�h, appellant and occupant of the property, appeared. Ms. Moermond reviewed the orders and recommended a anting a 6.75-inch variance on the openable heiQht of the master bedroom e�ess window; grant a 4.7�-inch variance on the openable height of the southeast bedroom e�ess window; deny the variance request for the northwest bedroom window unless the appellant can demonstrate the windo�� can be opened to 16 inches in 10-694 June 8, 2010 Property Code Minutes Page 3 height (take a photograph of the window using a ruler to show the dimensions); will recommend granting a variance on this condition. On June 22, 2010, Ms. Moermond reviewed the photographs of the egress window dimensions provided by the property owner. Based on the documentation, Ms. Moermond recommended b anting an 8-inch variance on the openable height of the egress window in the northwest bedroom. Appeal of Brian Nieman to a Certificate of Occupancy Deficiency List for property at 1315 Murrav Street. Mr. Urmann stated that there was exposed wiring throughout the building which needed to be covered which would require a licensed electrician do the work under permit. Brian Nieman, appellant, stated that ha had a code compliance inspection done three years ago which had been si�ed off by city inspectors. He also claimed that Yhis was not a rental property as his mom had purchased the property from approximately four to five years ago and the mortgage was in her name. Ms. Moermond reviewed the records in STAMP and after looking at the photographs, she noted a ]ot of unfinished work in additional to exposed wiring. She believed that the property was not technically owner/occupied and that a licensed electrician wouid need to be hired to do the wark. Mr. Nieman requested additional time to complete the work. Ms. Moermond recommended granting an 8-inch variance on the openable height of the east bedroom egress window; deny the appeal on the deficiency list and grant an extension to July 30, 2010 to come into compliance on all items. 8. Appeal of Elsie Hanson to a Certificate of Occupancy Deficiency List for property at 1570 Race Street. Mr. Urmann stated that this was an awning window which was 35 inches in width and only opened out to 7.5 inches. Elsie Hanson, property owner, and her son, Ted Hanson, appeared. Mr. Hanson stated that his mother had lived at the property all her life and a8er his father passed away, his mother transferred title to the property into him and his brother's name. Ms. Moermond found that the property was owner/occupied and is to be removed from the Certificate of Occupancy program. She indicated to the owner that they needed to label the awning window on how the window opens and take photo�aphs of the labeled window as proof at the June 24 re-inspection. When the property is marketed for sale, the window will need to be replaced. �� �s. June 8, 2010 Property Code Minutes Page 4 9. Appeal of Robert Bayer, Receiver for Jafaru, to a Certificate of Occupancy Revocation for property at 1615 Sloazi Street. Mr. Unnann presented photo�aphs of the fire which had occurred on Febi�arY 1 which resulted in the death of one of the occupants. The department had attempted to Qive time for the insurauce company to ,,ve the proceeds from the fire to make the repairs to the building; however, since the property was in foreclosure, the insurance proceeds went directty to the bank to pay down on the mortgage. The concern was that licensed contractors had not ins�ected the electrical, heating or inechanical to fleterxnine that those systems had not been daivaged by the fire. Since it had not been inspecfed and had not been repaired, it still posed a fire danger. Tbe assistazlt fire marshal indicated to him that the C of O needed to be revoked and the building ordered vacated. Robert Bayer, receiver for the property, stated that six of the eight units were beino occupied and which were not damaged by the fire. The two uniCs which suffered severe damabe were unoccupied and would remain so and the electric and gas had been turned off to these two units. The property was in foreclosure and the redemption period was set to expire on AugusC 10; he asked that the tenants be able to remain in tbe building until the end of Aua st. He presented a letter frorn a consfruction adviser fi Coldwell Bank who was a licensed contractor and inspected tt�e building and deemed everything to be safe. He said Inspector Girling had indicated to him 8�at she was sorry to have to revoke the C of O and order the building vacated; however, she had been directed by her supervisor to do so. He said he was collected rent from the remaining tenants; however, he did not have the authority to authorize any of the money going towa� repairs to the buildin� as only the bank and the owner could do so. He cunently had someone who was interested in buyin� the building "as is" who would develop a ptan to repair the building and keep the cunent fenants. Ms. Moermond recominended that Units 4 and 8 remain condemned and uninhabitable; the reinainder of the building may remain occupied on the condition a work plan on the rehabiIitation of tt�e building is submitted by Auo st-3 Y2010; if a work plan is not submitted, the buildin� is to be vacated b Oc �010. Se�° 3° Y ��- jv�v t 11. Appeal of Toha l��guyen to a Vacant Building Registration Notiee and Fee for prol�erty at 1368 Marion Street. Mr. Dornfeld stated the building was a cateeory 2 vacant building which file had been opened on May 13 2008. The vacant building fees had been paid in 2008 and 2009 and the current fee for 2010-2011 was now due. He noted that the code compliance inspection report had expired in Febraary 2010 and there were reports of work bein� done without permits. Toha and Dim ?vwven, propert�� owners, appeared. Ms ?v�uyen stated that they had purchased the prooerty in November 2009 and had paid ihe ��acani buildin� fee at that time. They were fixin� up tha house and her brother u°as Qoin� to live there. Ur. ?�'guyen statad that they had iured a �en.,;al contractor, First Impression, wno had troubl� �aith their license and had slowed wo;k on their �rojec+. I? was his understandin� �hat the general contrac�or had `nire�' conr, acto:s ior tne elect:ioal and piuinbin� ti no had no: pulled permits. Ii w�as 1� conientioa that o� er hal: of Yhe �� or� u�as completed and they needed andiciona'. time for the contractor to �et tne permits and +ne work sianed r� o��. 10-694 June 8, 2010 Property Code Minutes Page 5 Ms. Moermond recommended denying the appeal on the vacant building registration fee and indicated that they could appeal the vacant building fee when it went to assessment. She granted an extension on the code compliance inspection report in order for the property owners to complete the repairs to the building. 12. Appeal of Robert Schilling to a Vacant Building Registration Notice and Fee for property at 864 Marion Street Mr. Dornfeld stated that the C of O was revoked on May 7, 2010 and was referred to vacant buildings. A category 2 vacant building file was opened on May 14, 2010 and he noted that a building permit had been pulled to do work on the front porch entryway. Mr. Urmann stated that the inspector sent a letter on April 5 scheduling an appointment for Apri1 14 which the property owner did not show up far. The inspector made several attempts to gain entry to inspect the property; however, was unable to gain access. He noted that there were 16 violations on Yhe exterior of the buildina alone and the property was not homesteaded. Robert Schilling, property owner, appeared with his neighbor, Jeiry Devine. Mr. Schilling stated that he moved into the house after the tenant moved out on May 11 in order to protect his property from vandalism. Since he was living there, he didn't believe he needed a C of O. He claimed he never received a letter from the inspector scheduling an appointment to inspect the property or he would have been there. Ms. Moermond asked him how long he needed to make the repairs. Mr. Schilling responded that he believed he could have everything done by August 1. Ms. Moermond recommended that the property owner must obtain a C of O by August 1, 2010; if the property owner fails to do so, the property is refened to the Vacant Building Program. Additional Address: 939 Greenbrier Street — Erik Dillard, appellant (Appeal denied on 4/20) Ms. Moermond reviewed the dimensions of the window provided by the appellant and recommended granting a variance on the replacement window measuring 18 inches width by 33 inches in hei�ht.