Loading...
95-15ORiGIN L Council File # 95 /5 /q p3 Green Sheet � RESOLUTION �IlVT PAUL. MIl�TNESOTA Presented,�8y Referred e� Committee: Date BE TT RESOLVED, that the Council of the City of Saint Paul hereby certified and approves the action of the Property Code Enforcement Boazd of Appeals pertaining to the foilowing listed properties and as shown by the Excerpted Minutes of said Property Code Enforcement Board of Appeals and dated, December 8, 1994 and marked EXHIBIT A, and attached hereto and made a part hereof by reference: Case No: Propert�Aunealed Annellant 60-94E 2119 Skyway Drive Tom Dimond BOARD ACTION: An extension of time was granted until 7anuary 1, 1997 to change this individual sewage treatment system. PROPERTX DESCRIPTION: REGISTERED LAD SURVEY 175 TRACT I 7444F 134 Montrose Place John Jagiela BOARD ACTION: An extension of rime was granted until 7uly l, 1995 to install the rec�uired GFCI oudets in the bathrooms of all units. PROPERTY DESCRIPTION: DESNOYER PARK RAMSEY CO., MINN. LOT 9 BLK 58 78-94F 589 Lincoln Avenue David Baldwin BOARD ACTION: An extension of time was granted until August 1, 1995 to complete the exterior painting. PROPERTY DESCRIPTION: TERRACE PARK ADDTI`ION TO THE CITY OF ST. PAUL, RAMSEY CO., MINN. LOT 21 BLK 5 79-94F 1644 Cumberland Avenue Thomas Worthman BOARD ACTION: An extension of time was granted until September 1, 1995 to install the required GFCI outlets in the bathrooms. PROPERTY DESCRIP'I'ION: EDWIN M. WARE'S CUMBERLAND ADDITION PLAT 1 ADD PLAT 1 SUB TO ESMT IN DOC NO 2077146; THE FOL; W 1/2 OF FOL PART OF LOTS 3& 4 SLY OF A L RUN FROM PT ON WL OF LOT 3& 102.03 FT S OF NW COR THEREOF TO Ry '� °�'1��'�8�� ofAppeals DA �"��T� GREEN SHEET N° 19103 ��aL1PS VOYCI � ODEPARTMENT�IRECTOR GRYCOUNCIL �NITIAl1DATE ASSIGN CITY ATTORNEY O GITV CLERK MUST BE ON CqUNqLAGENDA BY (DATE) ROUTINGFOR gUDGET DIPECTOR � FIN. & MGT. SERVICES DIR. A.S.A.P. OFDEfl MAYOR(ORASSISTANn � TOTAL # OF SIGNATURE PAGES (CLlP ALL LOCATIONS FOR SIGNATURE) ACTfON RE�UESTED: Resolution approving the action of the Property Code Enforcement Boazd of Appeals. RECOMMENDAiIONS.approva (a) rn Reject (a) pERSONAL SERVICE CONTRACTS MUS7 ANSWER TME FOLLOWING �UESTIONS: _ PLANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ever worketl untler a comraci for this tlepartmem? _ CB CoMMIrfEE YES NQ , STAFf 2. Has this personRirm ever been a city employee? — YES NO _ o1sTRIC7 CAURi _ 3. Does this persoNfirm possess a skill not normalty possessetl by arry currerrt city employee? SUPPORTS WHICH COUNCIL O&IECTNE? YES NO Expla7n all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPOFTUNIN (Wha, What, Whan, Where, Why): Approving the action of the Property Code Enforcement Board of Appeals for the meeting of December 8, 1994 (see attached minutes). ADVANTAGESIFAPPpOVED: � a�� ��� Extensions of time to the property will be ratified. ��� `� � T��� 5 Extensions of time DISADVANTAGES IF APPROVEO: �������� None �E� � 6 1994 a�9 Y' M`§'BP`�A $^Gy ��� { ?°�g s� s3�s'q° DISADVANTAGES IF NOTAPPROVED. The action taken by the Property Code Enforcement Board of Appeals will be retumed to the Boazd by the City Council for fiuther review. n/a TOTAL AMOUN70F iRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO nJa 33263 FUNDING SOURCE AC7IVITY NUMBER FINANCIAL INFORMATION' (EXPIAIN) { • t , f ,. .j^ , l.=� f '-7. .rV::Jtit _ — n T�t ?i N ,._`i. _.c_..r...�. �;s F�s ZZ iZ � �!S �g5 11'� 'v� � � � STATE OF MINNESOTA ) COUNTY OF RAMSEY ) Ss. CITY OF ST. PAUL ) � -� �� = __:�:� C��:;.d --';; ��ER � � g, �=:_PL7Y 1, Frances Swanson, Deputy City Clerk of the City of Saint Paul, Minnesota, do hereby certify that 1 have compared the attached copy of Council File No. 95-15 as adopted by the City Council on January 4, 95 and approved by the Mayor on January 9, 1995 with the original thereof on file in my office. ! further certify that said copy is a true and correct copy of said originat and the whole thereof. WITNESS, my hand and the seal of the City of Saint Paul, Minnesota tfiis 13th day of January y995. :, " j��y � °s,, :J mea>e�a>, �n k° •n `�' , �, . , �'� . ° a� �.:` o - - ; ;�; __ -`. q°fk F.. ': f s% a,�. •,��.,' =,�:. _ _�, . ,'� a, ., 't. �� o_,_..a� �°�� 'x ���+'?' ,, =�a<<._.,. ins<.ru � . r; _�� <0G rc�;y ___��� --> i �i',ao�� .�-• S'd by/�sii .,���� �mC�2,C� ��,� ��l.$) DEPUTY CITY CLERK Ff � , _���� �(�� / � ��;..1 � ,�, �l�G� � �� � CTTY OF Sf1IIVT PAUL Norm Coleman, Mayor �(� CTTY CLERK'S OFFICE t �o crryxatt 1 S W. KelloggBoulevard SmntPaul,M+nnesota 55102 995 Instrument CF #95-15 � Resolution Property Code Enforcement Board of App�als dated 12-8-94. Te1: 612-266-8694 F¢e: 612-2668689 Fees � I'�� RAMSEY COUNTY RECORDER BY Contaet Person: Frances Swanson 266-8690 r � � ORIGINAL Green Sheet # RESOLUTION �INT PAUL, 1VIINNESOTA Referred 2855935 �un�ll File # 95l5 l �b � Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15'� 16 17 18 19 20 21 22 6 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 BE IT RESOLVED, that the Council of the City of Saint Paul hezeby certified and approves the action of the Property Code Enfarcement Board of Appeais pertaining to the following listed properties and as shown by the Excerpted Minutes of said Property Code Enforcement Board of Appeals and dated, December 8, 1994 and marked EXHTBTT A, and attached hereto and made a part hereof by reference: Case No: 1'roperty A oealed Ap eliant 60-94E 2119 Skyway Drive Tom Dimond BOARD ACTION: An extension of time was granted until January 1, 1997 to change this individual sewage treatment system. PROPERTY DESCRIl'TION: REGISTERED LAD SURVEY 175 TRACT I 7494I�' 134 Montrose Piace John Jagiela BOARD ACTION: An extension of time was granted unfil 7uly 1, 1495 to instali the required GFCI outlets in the bathrooms of all units. PROPERTY DESCRIPTION: DESNOYER PARK RAMSEY CO., MINN. LOT 9 BLK 58 78-94F 589 Lincoln Avenue David Baldwin $OARD ACT'ION: An extension of time was granted until August 1, 1995 to complete the exterior painting. PROPERTY DESCRIP'I'IdN: TERRACE PARK ADDITION TO THE CITY OF ST. PAUL, RAMSEY CO., MINN. LOT 21 BLK 5 79-94-F 1640 Cumberland Avenue Thomas Worthman BOARD ACTION: An extension of time was granted until September l, 1995 to install the required GFCI ouflets in the bathrooms. PROPERTY DESCRIP"I'ION: EDWIN M. WARE'S CUMBERLAND ADDITION PLAT 1 ADD PLAT 1 SUB TO ESMT IN DOC NO 2077146; THE FOL; W i/2 OF FOL PART OF LOTS 3& 4 SLY OF A L RUN FROM PT ON WL OF LOT 3& 102.03 FT S OF NW COR THEREOF TO d � '�� 2855935 9y /S PT ON EL OF W 1/2 OF SD LOT 3& 104.15 FT S OF NL OF SA LOT 3 BLK 1 101-93-R 767 Winslow Avenue Marco Scibora BOARD ACTION: The request for a variance on rainieader one was denied, an extension of time was granted until September 1, 1995 to disconnect rainleader one. PROPERTY DESCRII'TION: JACKSON AND BIDWELL'S ADDI'I`ION TO WFST ST. PAUL DAKOTA CO., TERRITORY OF MINNESOTA N 1/2 OF LOT 3 AND ALL OF LOTS 1 AND LOT 2 BLK 7 and be it FURTHER RESOLVED, that upon passage of this resoluuon the City Clerk is hereby authorized and directed to transmit a copy of this resolution for recording to the Ramsey County Office of Register of Deeds. Requested by Department of: sY � �_� �- � � cw-�.� \ � Approved by Mayor: Date ���- �J By c �� "� � � (�'�il�l� sY s C [.c�;�t, �'T7s—C�—z.--__ Form Approved by City Attorney BY� � �� /2 �/ - S' Approved by Mayor for Submission to Counail � ��' � , By: % � Adopted by Council: Date � �{ � � , Adoption Certified by Counci, Secretary ._ , PROPERTY CODE ENFORCEMENT �� '' / SOARD OF APPEAIS �j 2�55935 CTTX OF SAIIVT PAITL SSS Cedar Sveet Norm Coleman, Mayor Saint Paal, MN SSIOI-2260 �xN►f3tT � Minutes - December 8, 1994 Members Present: Ron Glassman Donald Weida Nancy Winter Members Absent: Ron Ankeny Kathleen Milner Others Present: Tom Worthman Jerry Lund John 3agiela Timothy Mounihan City Staff: Judy Masterman Pat Fish Doug Schwab Peter Kishel Jamas Laughlin George Dunn Marco Scibora Tom Dimond Aavid Baldwin Peter Warner Karl Johnson Don Stein 6I2-292-7775 The meeting was called to order by Chairman Glassman at 1:30 p.m. Chairman Glassman welcomed the Appellants and explained the procedure, stating that what the Board does is recommend action to the City Council. He also asked that the statements be brief and that the Board was there as fellow citizens to help them in a fair manner. 1. Approval of the minutes for the meeting of November 10, 1994 as submitted in writing. BOARD ACTION: Motion k•as made by Dunn to approve the Minutes of the November 10, 1994 meeting. Seconded by Weida. Motion carried unanimously. � � , �� -�ti � 2855935 Board of Appeals - December 8, 1994 Page: 2 CASE NO PROPERTY APPEALED APPELLANT 60-94E 2119 Skyway Drive Tom Aimond Council Ward: 7 Single Family Dwelling SIJBJECT: Appellant is appealing an order to change an individual sewage treatment system. PROCEEDINGS: This appeal was laid over from the November Meeting. Testimony and presentation was presented by Mr. Dimond. He distributed State and City codes regarding the definition of failing sewage systems and stated that according to the legislation, his sewage treatment system dces not meet the definition of a failing system and is therefore requesting a variance for his system. Peter Kishel and Doug Schwab represented the City and discussed the public health hazard if this system was allowed to remain. There was much discussion and concern about conforming systems. The Board commented that both sides failed to educate the Board about sewage treatment systems, which was the reason why this was laid over for a months time. The Boards main concern is setting a precedence due to the fact that there may be a possible 300 more orders issued on existing sewage treatment systems. Discussion continued about granting an extension of time and the possibility of City sewer being brought into this neighborhood and that the cost of bringing Mr. Dimond's system to code now may not be realistic if City sewer was installed in the near future. BOARD ACTION: Motion was made by Laughlin to grant an extension until January 1, 1997 and if at that time Mr. Dimond wishes to again appear before the board, he must have substantial data to prove non-contamination of the existing area. Seconded by Weida. Motion carried unanimously. ------------------------------- 74-94F 134 Montrose Place John S. 3agiela Council Ward: 4 3 Dwelling Units SIJBJECT: Appellant is appealing the orders regarding GFCI outlets in all bathrooms. PROCEEDINGS: Testimony was presented by Mr. Jagiela regarding the GFCI outlets. At the current time the electrical ouflets are in the medicine cabinets and the estimated cost to install the GFCI outlets is $1,000 per unit. Pat Fish from Fire Prevention stated that this is the code and it is not impossible to install the GFCI outlets. Mr. Jagiela requested one year to install the required outlets. � � 9��� Board of Appeals - December 8, 1994 Page: 3 2855935 BOARD ACTION: Motion made by Laughlin to grant an extension of time until 3uly i, 1995 to install the required GFCI outlets in the bathrooms of all units. Seconded by Winter. Motion carried unanimously. ------------------------------- 76-94-F 549 Whitall Gerald Lund Council Ward: 5 3 Dwelling Units SUBJECT: Appellant is requesting a variance on a handsink in a bathroom. PROCEEDINGS: Testimony was presented by Mr. Lund regarding the space limitations in this bathroom to install a handsink. Pat Fish from Fire Prevention stated that this is an efficiency apartment, that there currently is only one tenant in this unit and that it would be virtuatly impossible to install the handsink. BOARD ACTION: Motion made by Giassman to grant a variance for the handsink in the bathroom with the condition that this unit is only occupied by one tenant at all times. Seconded by Dunn. Motion carried unanimousiy. ---------------------------- 77-94-F 85-97 Victoria Street S Gerald �isch Council Ward: 2 29 Dwelling Units SUBJECT: Appellant is requesting a variance for the glass in the entrance doors and windows in several apartments. PROCEEDINGS: Pat Fish from Fire Prevention stated that this appeai has been worked out and requested that it be withdrawn. BOARD ACTION: None required. 78-94F 589 Lincoln Avenue David Baldwin Council Ward: 2 3 Dwelling Units SUBJECT: Appellant is requesting an extension of time to complete the needed repairs required for the exterior of the building. �: / c�y -�ti Boazd of Appeals - December 8, 1994 2855935 Page: 4 PROCEEDINGS: Testimony was presented by Mr. Baldwin regarding exterior painting requirements and interior and exterior lighting requirements. The stairways and hallways are lit at all times and the exterior lighting is pravided by manually located spot lights in the rear and two exterior lights in the front of the building that are on at all times. This is a three unit building and Mr. Baldwin occupies one of the units. Pat Fish from Fire Prevention stated that because this building was owner occup3ed she would not have a problem if the Board granted a variance. BOARD ACTION: Motion made by Dunn to grant a variance for the required interior and exterior lighting and an extension of time until August 1, 1995 to complete the exterior painting. Seconded by Laughlin. Motion carried unanimously. ------------------------------- 74-94F 1640 Cumberiand Avenue Thomas Worthman Council Ward: 5 17 Dwelling Units SUBJECT: Appellant is requesting variances for several items on a Certificate of Occupancy Inspecfion, including: Lighting, patio locks, exterior maintenance and GFCI ouflets. PROCEEDINGS: Tes6mony was presented by Mr. Worthman regarding the items on the Certificate of Occupancy. The stairweli, hall lights and exterior lights aze all on timers. There is a cazetaker on site at all times to monitor the lighting. The patio door locks funcdon properly and there have been no complaints or concerns from the tenants about these types of locks. Pat Fish from Fire Prevention stated what the code requires. Mr. Worthman continued about the GFCI ouflets and that the receptacies aze in the light fixtures and would like an extension of time for one year to complete the required repairs. BOARD ACTION: Motion made by Winter to grant a variance for the required interior and exterior lightings as long as there is a caretaker on site at all times, a variance on the patio doors with the condition that each door is checked for operation and granted an extension of fime until September 1, 1995 to install the required GFCI outlets in the bathrooms. Seconded by Laughlin. Motion carried unanimously. Addition Agenda Items 101-93-R 767 Winslow Avenue Marco Scibora Council Ward: 2 Single Family Dwelling r . Boazd of Appeals - December 8, 1994 Page: 5 SUBJECT: Appellant is before the Board regarding a Rainleader disconnect. q y,�� 2855935 PROCEEDINGS: Peter Warner from the City Attorney Office presented testimony regarding the cunent status of this appeal that was originally before this Board in Fall of 1493 and was denied at that fime. At a pre-trail heacing before the Ramsey County District Court it was decided that the City shouid try to solve this administratively and not proceed through the court system; that Mr. Scibora should return before this Board for a resolution for disconnection of rainleaders. Mr. Scibora has agreed to disconnect rainleaders two and three, and is requesting a variance for rainleader one due to the fact that if it is disconnected it wili substantially add to an already existing erosion problem on a bank that is extremely steep. Mr. Scibora discussed the cost of cantrolling the erosion, that no contractor will touch it and that there is a possibility of insurance being denied because of the liability of the erosion and the hazards it creates. Testimony was presented by Karl Johnson and the options available to Mr. Scibora to disconnect this rainleader. The City feels that what is being requested is not impossible and would not be in favor of granting a variance for rainleader one. Discussion con6nued between the Board Members, Mr. Scibora, his attorney Mr. Mounihan and City Staff regarding costs, possible options and erosion. BOARD ACTION: Motion made by Weida to deny the request for a variance. PROCEEDINGS: Conversation among the participants continued again reiterating the above facts and liability issues. BOARD ACTION: Motion made by Weida to deny the request for a variance on rainleader one but to grant an extension until September 1, 1995 to disconnect the rainleader. Seconded by Dunn. Motion carried. 3 Yeas, 2 Naes. Additional Agenda Items SOARD ACTION: Motion was made by Glassman to grant a variance for each of the following addresses regarding the requirements of the deadbolt locks on the laundry room doors and other items as needed. Seconded by Dunn. Motion carried unanimously. 999 Burns Avenue Council Ward: 07 2004 Randolph Avenue Council Ward: 03 1b40 Arundel Street Council Ward: OS 429 Idaho Avenue West Council Ward: OS � a , ' .� Board of Appeals - December 8, 1994 Page: 6 700 Eighth Street East Councii Ward: Ol 1152 Lincoln Avenue Council Ward: 02 469 Pascal Street South Council Wazd: 03 2855935 376 Cleveland Avenue North Council Ward: 04 593 Summit Avenue Council Ward: Ol 1978 Ashland Avenue Council Ward: 04 � 1�/� PItOPERTY CODE ENFORCEMENT /�� '�� BQARD OF APPEALS �1 l..ii 1 OS' u]t 1 rt']Vl. Norm Coleman, Mayor SSS Cedar Siree[ 612-2967775 Sainz Pout, MN 551 01-2 2 60 Minutes - December 8, 1994 Members Present: Ron Glassman Donald Weida Nancy Winter Members Absent: Ron Ankeny Kathleen Milner Others Present: Tom Worthman Jerry Lund 7ohn Jagiela Timothy Mounihan City Staff: Judy Masterman Pat Fish Doug Schwab Peter Kishel 7ames Laughlin George Dunn Marco Scibora Tom Dimond David Baldwin Peter Warner Karl dohnson Don Stein The meeting was called to order by Chainnan Glassman at 1:30 p.m. Chairman Glassman welcomed the Appellants and explained the procedure, stating that what the Board dces is recommend action to the City Counc�l. He also asked that the statements be brief and that the Board was there as fellow citizens to help them in a fair manner. 1. Approval of the minutes for the meeting of Novemher 10, 1994 as suhmitted in writing. B(?ARD ACTION: Motion was made by Dunn to approve the Minutes of the November 10, 1994 meeting. Seconded by Weida. Motion carried unanimously. q�r -�ti Board of Appeals - December 8, 1994 Page: 2 CASE NO PROPERTY APPEALED APPELLANT 60-94E 2119 Skyway Drive Tom Dimond Council Ward: 7 Single Family Dwelling SUBJECT: Appellant is appealing an order to change an individual sewage treatment system. PROCEEDINGS: This appeal was laid over from the November Meedng. Testimony and presentadon was presented by Mr. Dimond. He distributed State and City codes regarding the defuution of failing sewage systems and stated that according to the legislation, his sewage treatment system dces not meet the definition of a failing system and is therefore requesting a variance for his system. Peter Kishel and Doug Schwab represented the City and discussed the public health hazard if this system was allowed to remain. There was much discussion and concern about conforming systems. The Boazd commented that both sides failed to educate the Board about sewage treatment systems, which was the reason why this was laid over for a months time. The Boards main concern is setting a precedence due to the fact that there may be a possible 300 more orders issued on existing sewage treatment systems. Discussion continued about granting an extension of time and the possibility of City sewer being brought into this neighborhood and that the cost of bringing Mr. Dimond's system to code now may not be realistic if City sewer was installed in the near fnture. BOARD ACTION: Motion was made by Laughlin to grant an extension until 7anuary 1, 1997 and if at that time Mr. Dimond wishes to again appear before the board, he must have substantial data to prove non-contamination of the existing azea. Seconded by Weida. Motion carried unanimously. ------------------------------- 7494F 134 Montrose Place John S. �agiela Council Ward: 4 3 Dwelling Units SUBJECT: Appellant is appealing the orders regarding GFCI oudets in all bathrooms. PROCEEDINGS: Testimony was presented by Mr. 7agiela regarding the GFCI ouflets. At the current time the electrical outlets are in the medicine cabinets and the estimated cost to install the GFCI ouflets is $1,000 per unit. Pat Fish from Fire Prevention stated that this is the code and it is not impossible to instail the GFCI outlets. Mr. 7agiela requested one year to install the required ouflets. 9��� Board of Appeals - December 8, 1994 Page: 3 BOARD ACTION: Motion made by Laughlin to grant an extension of time until July 1, 1995 to install the required GFCI outlets in the bathrooms of all units. Seconded by Winter. Motioll Carlied nnanimously. 76-94F 549 Whitall Gerald Lund Council Ward: 5 3 Dwelling Units SUBJECT: Appellant is requesting a variance on a handsink in a bathroom. PROCEEDINGS: Tesumony was presented by Mr. Lund regazding the space limitations in this bathroom to install a handsink. Pat Fish from Fire Prevention stated that this is an effieiency apartment, that there cunently is only one tenant in this unit and that it would be virtually impossible to install the handsink. BOARD ACTION: Morion made by Glassman to grant a variance for the handsink in the bathroom with the condition that this unit is only occupied by one tenant at all times. Seconded by Dunn. Motion carried unanimously. 77-94F 85-97 Victoria Street S Gerald F�isch Council Ward: 2 29 Dwelling Units SUBJECT: Appellant is requesring a variance for the glass in the entrance doors and windows in several apartments. PROCEEDINGS: Pat Fish from Fire Prevention stated that this appeal has been worked out and requested that it be withdrawn. BOARD ACTION: None required. 78-94F 589 Lincoln Avenue David Baldwin Council Ward: 2 3 Dwelling Units SUBJECT: Appellant is requesting an extension of 6me to complete the needed repairs required for the exterior of the building. qy -�ti Boazd of Appeals - December 8, 1994 Page: 4 PROCEEDINGS: Testimony was presented by Mr. Baldwin regazding exterior painting requirements and interior and exterior lighting requirements. The stairways and hallways are lit at all times and the exterior lighting is provided by manually located spot lights in the rear and two exterior lights in the front of the building that aze on at all times. This is a three unit building and Mr. Baldwin occupies one of the units. Pat Fish from Fire Prevention stated that because this building was owner occupied she would not have a problem if the Board granted a variance. BOARD ACTION: Motion made by Dunn to grant a variance for the required interior and exterior lighting and an extension of time until August 1, 1995 to complete the exterior painting. Seconded by Laughlin. Motion carried nnanimously. ------------------------------- 79-94F 1640 Cumberland Avenue Thomas Worthman Council Ward: 5 17 Dwelling Units SUBJECT: Appellant is requesdng variances for several items on a Certificate of Occupancy Inspecuon, including: Lighting, patio locks, exterior maintenance and GFCI outlets. PROCEEDINGS: Testimony was presented by Mr. Worthman regarding the items on the Certificate of Occupancy. The stairwell, hall lights and exterior lights are all on timers. There is a cazetaker on site at all umes to monitor the lighting. The patio door locks funcdon properly and there have been no complaints or concerns from the tenants about these types of locks. Pat Fish from Fire Prevention stated what the code requires. Mr. Workhman continued about the GFCI outlets and that the receptacles are in the light fixtures and would like an extension of time for one year to complete the required repairs. BOARD ACTION: Motion made by Winter to grant a variance for the required interior and exterior lightings as long as there is a caretaker on site at all times, a variance on the patio doors with the condition that each door is checked for operation and granted an extension of time until September 1, 1995 to install the required GFCI ouUets in the bathrooms. Seconded by I.aughlin. Motion carried unanimously. Addition Agenda Items 101-93-R '767 Winslow Avenue Marco Scibora Council Ward: 2 Single Family Dwelling q y,�5 Boazd of Appeals - December 8, 1994 Page: 5 SiTB1ECT: Appellant is before the Board regazding a Rainleader diswnnect. PROCEEDINGS: Peter Warner from the City Attorney Office presented testimony regarding the current status of this appeal that was originally before this Boazd in Fall of 1993 and was denied at that rime. At a pre-trail hearing before the Ramsey County District Court it was decided that the City should try to solve this administratively and not proceed through the court system; that Mr. Scibora should return before this Board for a resolution for disconnection of rainleaders. Mr. Scibora has agreed to disconnect rainleaders two and three, and is requesting a variance for rainleader one due to the fact that if it is disconnected it will substanrially add to an already e�cisting erosion problem on a bank that is extremely steep. Mr. Scibora discussed the cost of controlling the erosion, that no contractor will touch it and that there is a possibility of insurance being denied because of the liability of the erosion and the hazards it creates. Testimony was presented by Karl Johnson and the options available to Mr. Scibora to disconnect this rainleader. The City feels that what is being requested is not impossible and would not be in favor of granting a variance for rainleader one. Discussion continued between the Boazd Members, Mr. Scibora, his attorney Mr. Mounihan and City Staff regarding costs, possible options and erosion. BOARD ACTION: Motion made by Weida to deny the request for a variance. PROCEEDINGS: Conversation among the participants continued again reiterating the above facts and liability issues. BOARD ACTION: Motion made by Weida to deny the request for a variance on rainleader one but to grant an extension until September 1, 1995 to disconnect the rainleader. Seconded by Dunn. Motion carried. 3 Yeas, 2 Naes. Additional Agenda Items BOARD ACTION: Motion was made by Glassman to grant a variance for each of the following addresses regazding the requirements of the deadbolt locks on the laundry room doors and other items as needed. Seconded by Dunn. Motion carried unanimously. 999 Burns Avenue Council Ward: 07 2004 Randolph Avenue Council Wazd: 03 1640 Arundel Sueet Council Wazd: OS 429 Idaho Avenue West Council Wazd: OS 1 +' � Board of Appeals - December 8, 1994 Page: 6 70p Eighth Street East Council Ward: Ol 1152 Linwln Avenue Council Ward: 02 469 Pascal Street South Council Ward: 03 376 Cleveland Avenue North Council Wazd: 04 593 Summit Avenue Council Ward: Ol 1978 Ashland Avenue Council Ward: 04 Q �•�5 Board of Appeals - December 8, 1994 Page: 5 SUBJECT: Appellant is before the Board regarding a Ra.inleader disconnect. PROCEEDINGS: Peter Warner from the City Attorney Office presented testimony regazding the cunent status of this appeal that was originally before this Boazd in Fall of 1993 and was denied at that rime. At a pre-trail hearing before the Ramsey County District Court it was decided that the City should try to solve this administraflvely and not proceed through the court system; that Mr. Scibora should return before this Boazd for a resoludon for disconnection of rainleaders. Mr. Scibora has agreed to disconnect rainleaders two and three, and is requesting a variance for rainleader one due to the fact that if it is disconnected it will substantially add to an already exisfing erosion problem on a bank that is extremely steep. Mr. Scibora discussed the cost of controlling the erosion, that no contractor will touch it and that there is a possibility of insurance being denied because of the liability of the erosion and the hazards it creates. Testimony was presented by Karl 3ohnson and the options available to Mr. Scibora to disconnect this rainleader. The City feels that what is being requested is not impossible and would not be in favor of grandng a variance for rainleader one. Discussion continued between the Board Members, Mr. Scibora, his attorney Mr. Mounihan and City Staff regarding costs, possible opflons and erosion. BOARD ACTION: Motion made by Weida to deny the request for a variance. PROCEEDINGS: Conversation among the participants continued again reiterating the above facts and liability issues. BOARD ACTION: Mo6on made by Weida to deny the request for a variance on rainleader one but to grant an extension until September 1, 1995 to disconnect the rainleader. Seconded by Dunn. Motion carried. 3 Yeas, 2 Naes. Additional Agenda Items BOARD ACTION: Morion was made by Glassman to grant a variance for each of the following addresses regazding the requirements of the deadbolt locks on the laundry room doors and other items as needed. Seconded by Dunn. Motion carried unauimously. 999 Burns Avenue Council Ward: 07 2004 Randolph Avenue Council Ward: 03 1640 Arundel Street Council Ward: OS 429 Idaho Avenue West Council Ward: OS - i f j''� Board of Appeals - December 8, 1994 Page: 6 700 Eighth Street East Couneil Ward: Ol 1152 Lincoln Avenue Council Ward: 02 469 Pascal Street South Council Ward: 03 376 Cleveland Avenue North Couneil Ward: 04 593 Summit Avenue Council Ward: Ol 1978 Ashland Avenue Council Wazd: 04 9ti � PT ON EL OF W 1/2 OF SD LOT 3& 104.15 FT S OF NL OF SD LOT 3 BLK 1 101-93-R 767 Winslow Avenue Marco Scibora BOARD ACTION: The request for a variance on rainleader one was denied, an extension of time was granted until September 1, 1995 to disconnect rainleader one. PROPERTY DESCRIPTION: JACKSON AND BIDWELL'S ADDIT'ION TO WEST ST. PAUL DAKOTA CO., T`�RRITORY OF NIINNESOTA N 1/2 OF LOT 3 AND ALL OF LOTS 1 AND LOT 2 BLK 7 and be it FURTHER RFSOLVED, that upon passage of this resolution the City Clerk is hereby authorized and directed to transmit a copy of this resolution for recording to the Ramsey County Office of Register of Deeds. Requested by Department of: $y� - ��d _ �,,,�.. � - /� i Approved by Mayor: Date ��i- 9 By: �c.. -�, ��� BY � / ��� � � �' �"�-°� Form Approved by City Attorney Bye � ` f 2 sf s< Approved by Mayor for Submission to Council r �� "V � BY: �,�, �. Adopted by Council: Date � \ � Adoption Certified by Counci Secretary