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10-71Council File #__�(J ��L Green Sheet # 3Q95416 Presented by RESOLUTION CITY OF SAINT PAUL, MINNESOTA � ; :���- �-� �; �% 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the 2 November 17, 2004 decision of the Legislative Hearing Officer for Appeal to Denial of a Building Permit 3 to Replace Egress Windows for the following address: 4 5 Proaerty Appealed Appellant 6 7 408 Montana Avenue East Patrick Hoy 8 Window VJorld Twin CiCies 9 10 Decision: Grant a variance on the egress bedroom windows throughout the building. 11 12 Bostrom Carter Harris Yeas Thune Adopted by Council: Date ! Adoption Certified b Counci ecretary BY /!/lLJ� � r'LYL, �i r'i Approved aj pr: ate ��i� ZD �D BY� ( � � � Requested by Department of: � Form Approved by Ciry Attorney By: Fomi Approved by Mayor for Submission to Council By: Approved by the Office of Financia] Services � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ��I ��I I � DepartmentlOffice/Council: Date Inftiated: co-�°°^��� 13JAN2010 Green Sheet NO: 3095416 ConWCt Person & Phone: Department Sent To Person InitiaUDate Marcia Moertnond y o ouncu �� 6-857� i ouncil De artment Director Assign 2 ' Clerk Ci Clerk Must 6e on Council Agenda by (DateJ: Number 3 � For 4 � Roufing Doc.Type:RESOLUTfON Order 5 � &Document Required: Y Document Contact: Mai Vang ConWd Phone: 6-8563 7ota1 # of Signature Pages _(Clip AII Locations fw Signature) Action Requested: Resolulion approving the Novembet 17, 2009 decision of the Legislative Hearing Officer for Appeal to ihe Denial of a Building Pennit to Replace Egress Windows for properiy at 408 Montana Avenue East. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1, Has this person(fittn ever worked untler a contract for this department? CIB Commiftee Yes No Givil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does ihis person/firm possess a skill not normally possessed by any current cIry employee? Yes No Erzpiain afl ye5 an5wers on separete sheet and altach to green Sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why�: AdvanWges lf Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: CoSURevenue Budgeted: Funding Souree: Activity Number: Financiai lirformation: (Ezplain) January 13, 2010 12:36 PM Page 1 November 17, 2009 Property Code Minutes C � �� Page 5 2. Appeal of Patrick Hoy, Window World, to the denial of a building permit to replace egress windows for property at 408 Montana Avenue East. Appellant Patrick Hoy appeared. There was no inspector present. Ms. Shaff commented that this appeared to be a building permit issue. Ms. Moermond said that without a staff report, she had questions. She asked Mr. Hoy if this was the whole window or the whole glazed area, or the openable area. Mr. Hoy responded that you would have to cut it in half which was an issue for companies in the window business. Homeowners do not like changing the look of their homes and City inspectors are advising owners of 1920, 1930, 1940 homes that they must put crank-out windows on their homes. He read from the Minnesota State Fire Code regarding egress windows. "Approved egress windows shall include the following: double hung, sliders, casements." Then underneath that, "easily openable sashes in existing buildings may be considered acceptable if demonstrated to be openable by occupant or resident in approximately 30 seconds or less and our windows easily qualify for that." Ms. Shaff commented that if he read further, usually the State Fire Marshal's Office will state that it is up to the local jurisdiction, or the authority having jurisdiction, whether they honor that or not. She stated that the City of St. Paul has a very comprehensive egress window policy that does not address or allow "easily openable in 30 seconds or less." NIr. Hoy said the City's comprehensive policy is hurting a lot of homeowners and taking away the look of their homes. He said this was not a new construction installation, but a repair. He asked why the City did not follow the Minnesota Fire Code. Ms. Moermond responded that they were talking about many different codes that a11 speak to egress window dimensions (Minnesota Building Code, International and State Fire Codes, and the St. Paul Legislative Code.) She said the letter of the law is identical. The State interpretation is that they are comfortable with 30 seconds to get out, but the City believes otherwise. This is just an interpretation. We do have the ability to do vaziances. She asked him what the openable dimensions were. Mr. Hoy said one of the windows is 31 inches by 37 3/8 inches is one of the sizes, divide in half. The glazed area, glass inside vinyl frame, you would have glazeable width, minus out frame, 30 inches by 33 inches times that, divided by 144, that should meet 5.0' of glazeable azea. Ms. Moermond said that the Council says if your window height is between 20 inches and 24 inches and you aze in that range, they will grant a variance almost all of the time for each inch you are short in height. She asked Mr. Hoy to re-measure the openable window dimensions and that he email the dimensions and photos to her. She said she would make her recommendation upon reviewing the information. On January 12, 2010, Ms. Moermond reviewed the photographs provided by the property owner showing the dimensions of the window openings. Based on the documentation, Ms. Moermond recommended granting a variance on the egress bedroom windows.