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97-319����������- RESOLUTION �INT PAUL,J1�Nd1VESOTA Presented Refened To Council File # '9 � � �q Green Sheet # ��3`"�Z Committee Date S6 1 BE IT RESOLVED, th�-t�Council of the Ciry of Saint Paul hereby certifies and approves the March 18, 2 1997 decision of the Legislative Hearing Officer: 3 Property��gealed Appellant 4 1201 Edgerton Street Richazd Phillips 5 Decision: Crrant appeal on condition fire rateddoor is installed in basement. 6 1381 N. Cleveland Avenue 7 Decision: Cnant variance for square footage for one sleeping room. 8 562 N. Lexington Parkway 9 Decision: Grant variance. 10 1080 Earl Street i l Decision: Graut four year variance. 12 269 Goodhue Street (upper) 13 Decision: Laid over to April 1, 1997 hearing. 14 601 Topping Street 15 Decision: Grant three year variance. � Approved by Mayor: Date 4/t �F � Monica Mitteness Dale Burke Donald Falzone Robert Zimmerman Dina Nelson Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council By: � Adopted by Council: Date �" � a,.,� �. C �`�`l'� � Adoption Certified by Council Secretary q�-�!9 �.���� DEPAHIMEMAFFICE/COUNCIL DATE INITIATED v � � ctzycourrcu. srisr�r GREEN SHEE INITIAVDATE MITIAL/DATE C/JNTACT PERSON 8 PHONE � DEPARTMENT DIRECTOR O CRV COUNqI Gerry Sirathman 266-8575 ASSIGN � GIN ATTORNEY q CITY CLEflK MUST BE ON CAUNCII AGENDA BY (DATE) NUYBER FOP ❑ BUDGET DIREGTOR O FM. & MGT, SERVIGES DIR. flOUTING M'dLCh'z(� 19YJ ORDEN �MAYOR{ORASSISTAN'1) O TOTAL # OF SIGNATURE PAGES (CLIP ALL IACATIONS FOR SIGNATURE) ACTION REQUESTE�: Approving the decision of the Legislative Heazing OfficQr on Property Code Enforcement Appeals for the Mazch 18, 1997 meeting. RECOMMENDATIONS: Approve (A) ar REjM (R) pEHSONAI SERYICE CONTRACTS MUST ANSW ER TNE FpLLOWING 4UESTIONS: __ PLANNMCa COMMISSION _ CIVIL SERYIGE COMMISSION �� Has this personHircn evar worked under a coMrac[ for Mis tlepartment? _ CIB GOMMITTEE _ YES NO 2. Nas this person�rm ever been a city employea? _ STAFF — YES NO _ o�S7A�ci COURT , 3. Does ihis pereoNhrm possess a skill not normaily possessed dY any curren[ city employee4 SUPPORTS WHICH COUNCU.OBJECTIVE7 YES NO Explafn all yas answers on separate sheet antl ettach to green sheet INITIATMG PROBLEM. ISSUE, OPP�RTUNITV (Who. Wha1. When, Where, Why). ADVANTAGES IFAPPROVED: DISADVANTAGES IFAPPROVED: � niY;:+v:i rv,.; �.b�,�r3���l.�� �^m- t%.' "._„�e� tt��;=.s� 1 � °t�97 --�— ��,� OISAOVANTAGES IF NOTAPPROVEO: TOTAL AMOUNT OF TRANSAC'f10N $ COSTiREVENUE BUpGETED (CIRCLE ONE) YES NO FUNDIWG SOURCE AC7IVITY NUMBER FINANCIAL INFORh5AT10N. (EXPLAW) Properly Code Enforcement Meeting ���',�' q March 18,1997 1201 Edgerton Street Richard Plullips, properiy owner, appeared with the tenant, Frank's Dairy. He stated that at a previous hearing, he had appealed the order to repair the basement walls from water leakage. The tenant had now filed an appeal as he desired to utilize a portion of the basement for storage. He explained that the basement was divided in two sections by a stone wall and a doorway in the middle of the wall. The electrical azea was in the rear section of the basement and the other section had wood sheiving for storage of dry goods. Phil Owens, Fire Prevention, stated that he objected to the filing of the new appeal. It was still kris contention that the basement walls should be repaired from water leakage into the main electrical service. Since the owner could not afford the cost to make the necessary repairs, it was his contention that storage of combustible material shovld not be allowed. Mr. Phillips stated that he would be willing to install a fire rated door between the two sections of the basement. Mr. Stratlunan stated that he would grant the appeal on the condition that a fire rated door be installed between the two sections in the basement. 1572 Portland Avenue Michael Ahrens, properiy manager with Mailand Management, appeared. He stated that he was appealing the requiremexrt to install 20 minute fire rated doors for the apartrnents in the building. He explained that the building was 75 years old, was two stories and contained 13 apartment units. He believed that changing the doors wouid deface the character of the building. He also pointed out that there were two entrancelexit doors to every unit and to replace every door would be very costly. He presented pictures of the interior and exterior of the building. He was aiso appealing the egress windows in a bedraom in one of the units. The height of the window was 18 inches and the code required a 24 inch opening. The unit was on the first floor of the building and he believed this would also be a very costly item to replace. Pat Fish, Fire Prevention, stated that the Fire Department had done extensive physicai testing on different types of fire doors and paneled doors, such as the doors in tlus building, failed the test. Fire rated doors were required by the State Fire Code and she considered this a life safety issue. She suggested that the interior of the doors could be upgraded to a fire rated door which would lessen the unpact on the aestheucs of the building. Regazding the egress windows, since there was a second exit in every unit, she would be agreeable to granting a variance. Mr. Strathman stated that he would grant a variance for the egress window, however, it was his opinion that the Council should make the policy level decision regazding the fire rated doors. Therefore, he denied the appeal for installation of the fire rated doors. 1381 N. Cleveland Avenue Sandy Ducharme appeared on behalf of the sorority house manager, Monica Mitteness. She was appealing the square footage requirement of one of the sleeping zooms to be able to accommodate three occupants. She Properry Code Enforcement Mazch 18, 1997 Page - 2 - °I�-�t9 explained that this was a sorority house for young women only and that additional living space was provided for all of the occupants. The bedroom was 146 square feet and was used only for sleeping and she did not want to evict one of the occupants. Pat Fish, Fire Prevenrion, stated that there were other issues concerning zoning and the number of people allowed to occupy the building. She believed that the bedroom was actually less than 146 square feet of the required 150 square feet for sleeping rooms. Mr. Strathman stated that he did not have the authority over zoning issues. He granted the variance for the square footage for the one sleeping room. 562 N. Leain�,ton ParkwaX Dale Burke, pmperiy owner, appeared and stated that he was appealing the requirement to install 20 minute fire rated doors. The building contained four units and he occupied one of those units and rented to three other individuals. The inspector suggested that he measure the square footage of the building to deternune the occupancy holding of the building. It was his information that if the building could support under 10 people, the fire doors would not be required. He explained that there were sepazate entaes at the front of the building and at the reaz of the building, each accommodating two ofthe units. The tenants did have access to either of the entries in the event of a fire. Pat Fish, Fire Prevention, stated that the square footage of the building exceeded the limit of 10 occupants for the building and, therefore, the fire doors would be required. She did agree that in the event of a fire, the tenants would be able to escape through either entry. Mr. Strathman stated that he believed there were several options for escape for the tenants in case of a fire. He granted a variance for installation of fire rated doors. 1080 Earl Street Donald Falzone, properiy owner, appeazed and stated that he was appealing the order to upgrade the electrical service in the building and the requirement to provide ventilation in the bathroom. This was a two story, 75 year old building. The lower level contained a beauty shop and there was one apartment on the upper level with two tenants. He had made numerous improvements to the building and could not afford to upgrade the elecirical system nor instali a vent in the bathroom at this time. He pointed out that he had never received a complaint &om any tenant who had Iived there. Phil Owens, Fire Prevention, stated that the electrical service and the lack of ventilation in the bathroom did not meet minimum housing code standards. The bathroom was on interior walls and ventilated into the apartment. The hathroom atso did not have an electrical ouflet which was in violation of the code and the rest of the unit did not have the appropriate number of electrical outlets. In speaking with the tenant, the tenant indicated that she did not have a problem with the aparnnent as it was. Mr. Strathman granted a four year variance and indicated that the issues wouid be reviewed again at that time. Properiy Code Enforcement Mazch 18, 1997 Page - 3 - �64 Goodhue Street n rl o ��.�i� Robert Zimmerman, a tenant in the building, appeazed and stated that he was appealing the condemnation order. He had called the Health Department after the owner had tumed offthe water to their unit. When their unit was inspected, they were cited with broken fixtures in the kitchen, broken windows in the unit and insufficient electrical service. They had requested additional time to be able to find another place to live. He contacted the fee owner ofthe building and the fee owner agreed to make some of the improvements so that they could continue to live in the dwelling. The owner had rer.ently tumed the water on, however, they did not have hot water. Richazd Miller, fee owner of the property, appeared and stated that the owner had not made the contract fox deed payments this yeaz and he was in the process of foreclosing on the property and planned to take possession within the next two weeks. He was willing to make the necessary impmvements to the upstairs unit and desired to keep the tenants living in the building. He believed that the issue of the owner turning off the water should haue been an issue brought before Housing Court rather than hauing the property condemned. He requested additionai time to be able to take possession of the property and make the necessary repairs. Diane Rucks, property owner, appeazed and stated that she gave 30 days notice at the end of January for the tenants to vacate the premises as they had not paid their rent. She admitted that she had turned the water off and realized that she should not have done so. She complained that the tenants would not allow access to their unit to make any of the repairs. David Weisberg, Pubiic Health, stated that he was concerned with the physical condition of the building, specifically with the lack of hot water, the broken windows and there were exteriox repairs needed to the building as well. He would need to xeinspect the premises in order to make a determination on removing the condemnation order. Mr. Strathman laid the matter over to the April l, 1997 hearing. 6Q1 To�ping Street Dina Nelson, property owner, appeazed and stated that she was appealing the order to correct a failed septic system. She believed that the system was fixnctioning properly and that a drywell should not be considered a failed system. She expiained that she had ar.quired the properiy last year after the death of her mother. The house was a duplex and her 80 yeaz old awrt and 20 yeaz oid son were the only occupants in the build'vng. The properEy did not have a considerabie value and to replace the septic system would be too costly. She was awaze that discussions were underway with the Port Authority possibly purchasing the surrounding properties as part of the Dale StreetlMason Steel industrial development. If flus were to happen, it would be pointless to spend the money to replace the system or connect to any city sewer system. Tom LeClair, LIEP, stated that the Legislative Code does not atlow a drywell and, therefore, the system was a failed system. Properry Code Enforcement Mazch 18, 1497 Page-4- °I��� i Mr. Stratlunan stated that since there was the possibility that the Port Authority may purchase the properties in this area and given the Council's recent action concerning septic systems, he recommended granting a three year variance. �. ����������- RESOLUTION �INT PAUL,J1�Nd1VESOTA Presented Refened To Council File # '9 � � �q Green Sheet # ��3`"�Z Committee Date S6 1 BE IT RESOLVED, th�-t�Council of the Ciry of Saint Paul hereby certifies and approves the March 18, 2 1997 decision of the Legislative Hearing Officer: 3 Property��gealed Appellant 4 1201 Edgerton Street Richazd Phillips 5 Decision: Crrant appeal on condition fire rateddoor is installed in basement. 6 1381 N. Cleveland Avenue 7 Decision: Cnant variance for square footage for one sleeping room. 8 562 N. Lexington Parkway 9 Decision: Grant variance. 10 1080 Earl Street i l Decision: Graut four year variance. 12 269 Goodhue Street (upper) 13 Decision: Laid over to April 1, 1997 hearing. 14 601 Topping Street 15 Decision: Grant three year variance. � Approved by Mayor: Date 4/t �F � Monica Mitteness Dale Burke Donald Falzone Robert Zimmerman Dina Nelson Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council By: � Adopted by Council: Date �" � a,.,� �. C �`�`l'� � Adoption Certified by Council Secretary q�-�!9 �.���� DEPAHIMEMAFFICE/COUNCIL DATE INITIATED v � � ctzycourrcu. srisr�r GREEN SHEE INITIAVDATE MITIAL/DATE C/JNTACT PERSON 8 PHONE � DEPARTMENT DIRECTOR O CRV COUNqI Gerry Sirathman 266-8575 ASSIGN � GIN ATTORNEY q CITY CLEflK MUST BE ON CAUNCII AGENDA BY (DATE) NUYBER FOP ❑ BUDGET DIREGTOR O FM. & MGT, SERVIGES DIR. flOUTING M'dLCh'z(� 19YJ ORDEN �MAYOR{ORASSISTAN'1) O TOTAL # OF SIGNATURE PAGES (CLIP ALL IACATIONS FOR SIGNATURE) ACTION REQUESTE�: Approving the decision of the Legislative Heazing OfficQr on Property Code Enforcement Appeals for the Mazch 18, 1997 meeting. RECOMMENDATIONS: Approve (A) ar REjM (R) pEHSONAI SERYICE CONTRACTS MUST ANSW ER TNE FpLLOWING 4UESTIONS: __ PLANNMCa COMMISSION _ CIVIL SERYIGE COMMISSION �� Has this personHircn evar worked under a coMrac[ for Mis tlepartment? _ CIB GOMMITTEE _ YES NO 2. Nas this person�rm ever been a city employea? _ STAFF — YES NO _ o�S7A�ci COURT , 3. Does ihis pereoNhrm possess a skill not normaily possessed dY any curren[ city employee4 SUPPORTS WHICH COUNCU.OBJECTIVE7 YES NO Explafn all yas answers on separate sheet antl ettach to green sheet INITIATMG PROBLEM. ISSUE, OPP�RTUNITV (Who. Wha1. When, Where, Why). ADVANTAGES IFAPPROVED: DISADVANTAGES IFAPPROVED: � niY;:+v:i rv,.; �.b�,�r3���l.�� �^m- t%.' "._„�e� tt��;=.s� 1 � °t�97 --�— ��,� OISAOVANTAGES IF NOTAPPROVEO: TOTAL AMOUNT OF TRANSAC'f10N $ COSTiREVENUE BUpGETED (CIRCLE ONE) YES NO FUNDIWG SOURCE AC7IVITY NUMBER FINANCIAL INFORh5AT10N. (EXPLAW) Properly Code Enforcement Meeting ���',�' q March 18,1997 1201 Edgerton Street Richard Plullips, properiy owner, appeared with the tenant, Frank's Dairy. He stated that at a previous hearing, he had appealed the order to repair the basement walls from water leakage. The tenant had now filed an appeal as he desired to utilize a portion of the basement for storage. He explained that the basement was divided in two sections by a stone wall and a doorway in the middle of the wall. The electrical azea was in the rear section of the basement and the other section had wood sheiving for storage of dry goods. Phil Owens, Fire Prevention, stated that he objected to the filing of the new appeal. It was still kris contention that the basement walls should be repaired from water leakage into the main electrical service. Since the owner could not afford the cost to make the necessary repairs, it was his contention that storage of combustible material shovld not be allowed. Mr. Phillips stated that he would be willing to install a fire rated door between the two sections of the basement. Mr. Stratlunan stated that he would grant the appeal on the condition that a fire rated door be installed between the two sections in the basement. 1572 Portland Avenue Michael Ahrens, properiy manager with Mailand Management, appeared. He stated that he was appealing the requiremexrt to install 20 minute fire rated doors for the apartrnents in the building. He explained that the building was 75 years old, was two stories and contained 13 apartment units. He believed that changing the doors wouid deface the character of the building. He also pointed out that there were two entrancelexit doors to every unit and to replace every door would be very costly. He presented pictures of the interior and exterior of the building. He was aiso appealing the egress windows in a bedraom in one of the units. The height of the window was 18 inches and the code required a 24 inch opening. The unit was on the first floor of the building and he believed this would also be a very costly item to replace. Pat Fish, Fire Prevention, stated that the Fire Department had done extensive physicai testing on different types of fire doors and paneled doors, such as the doors in tlus building, failed the test. Fire rated doors were required by the State Fire Code and she considered this a life safety issue. She suggested that the interior of the doors could be upgraded to a fire rated door which would lessen the unpact on the aestheucs of the building. Regazding the egress windows, since there was a second exit in every unit, she would be agreeable to granting a variance. Mr. Strathman stated that he would grant a variance for the egress window, however, it was his opinion that the Council should make the policy level decision regazding the fire rated doors. Therefore, he denied the appeal for installation of the fire rated doors. 1381 N. Cleveland Avenue Sandy Ducharme appeared on behalf of the sorority house manager, Monica Mitteness. She was appealing the square footage requirement of one of the sleeping zooms to be able to accommodate three occupants. She Properry Code Enforcement Mazch 18, 1997 Page - 2 - °I�-�t9 explained that this was a sorority house for young women only and that additional living space was provided for all of the occupants. The bedroom was 146 square feet and was used only for sleeping and she did not want to evict one of the occupants. Pat Fish, Fire Prevenrion, stated that there were other issues concerning zoning and the number of people allowed to occupy the building. She believed that the bedroom was actually less than 146 square feet of the required 150 square feet for sleeping rooms. Mr. Strathman stated that he did not have the authority over zoning issues. He granted the variance for the square footage for the one sleeping room. 562 N. Leain�,ton ParkwaX Dale Burke, pmperiy owner, appeared and stated that he was appealing the requirement to install 20 minute fire rated doors. The building contained four units and he occupied one of those units and rented to three other individuals. The inspector suggested that he measure the square footage of the building to deternune the occupancy holding of the building. It was his information that if the building could support under 10 people, the fire doors would not be required. He explained that there were sepazate entaes at the front of the building and at the reaz of the building, each accommodating two ofthe units. The tenants did have access to either of the entries in the event of a fire. Pat Fish, Fire Prevention, stated that the square footage of the building exceeded the limit of 10 occupants for the building and, therefore, the fire doors would be required. She did agree that in the event of a fire, the tenants would be able to escape through either entry. Mr. Strathman stated that he believed there were several options for escape for the tenants in case of a fire. He granted a variance for installation of fire rated doors. 1080 Earl Street Donald Falzone, properiy owner, appeazed and stated that he was appealing the order to upgrade the electrical service in the building and the requirement to provide ventilation in the bathroom. This was a two story, 75 year old building. The lower level contained a beauty shop and there was one apartment on the upper level with two tenants. He had made numerous improvements to the building and could not afford to upgrade the elecirical system nor instali a vent in the bathroom at this time. He pointed out that he had never received a complaint &om any tenant who had Iived there. Phil Owens, Fire Prevention, stated that the electrical service and the lack of ventilation in the bathroom did not meet minimum housing code standards. The bathroom was on interior walls and ventilated into the apartment. The hathroom atso did not have an electrical ouflet which was in violation of the code and the rest of the unit did not have the appropriate number of electrical outlets. In speaking with the tenant, the tenant indicated that she did not have a problem with the aparnnent as it was. Mr. Strathman granted a four year variance and indicated that the issues wouid be reviewed again at that time. Properiy Code Enforcement Mazch 18, 1997 Page - 3 - �64 Goodhue Street n rl o ��.�i� Robert Zimmerman, a tenant in the building, appeazed and stated that he was appealing the condemnation order. He had called the Health Department after the owner had tumed offthe water to their unit. When their unit was inspected, they were cited with broken fixtures in the kitchen, broken windows in the unit and insufficient electrical service. They had requested additional time to be able to find another place to live. He contacted the fee owner ofthe building and the fee owner agreed to make some of the improvements so that they could continue to live in the dwelling. The owner had rer.ently tumed the water on, however, they did not have hot water. Richazd Miller, fee owner of the property, appeared and stated that the owner had not made the contract fox deed payments this yeaz and he was in the process of foreclosing on the property and planned to take possession within the next two weeks. He was willing to make the necessary impmvements to the upstairs unit and desired to keep the tenants living in the building. He believed that the issue of the owner turning off the water should haue been an issue brought before Housing Court rather than hauing the property condemned. He requested additionai time to be able to take possession of the property and make the necessary repairs. Diane Rucks, property owner, appeazed and stated that she gave 30 days notice at the end of January for the tenants to vacate the premises as they had not paid their rent. She admitted that she had turned the water off and realized that she should not have done so. She complained that the tenants would not allow access to their unit to make any of the repairs. David Weisberg, Pubiic Health, stated that he was concerned with the physical condition of the building, specifically with the lack of hot water, the broken windows and there were exteriox repairs needed to the building as well. He would need to xeinspect the premises in order to make a determination on removing the condemnation order. Mr. Strathman laid the matter over to the April l, 1997 hearing. 6Q1 To�ping Street Dina Nelson, property owner, appeazed and stated that she was appealing the order to correct a failed septic system. She believed that the system was fixnctioning properly and that a drywell should not be considered a failed system. She expiained that she had ar.quired the properiy last year after the death of her mother. The house was a duplex and her 80 yeaz old awrt and 20 yeaz oid son were the only occupants in the build'vng. The properEy did not have a considerabie value and to replace the septic system would be too costly. She was awaze that discussions were underway with the Port Authority possibly purchasing the surrounding properties as part of the Dale StreetlMason Steel industrial development. If flus were to happen, it would be pointless to spend the money to replace the system or connect to any city sewer system. Tom LeClair, LIEP, stated that the Legislative Code does not atlow a drywell and, therefore, the system was a failed system. Properry Code Enforcement Mazch 18, 1497 Page-4- °I��� i Mr. Stratlunan stated that since there was the possibility that the Port Authority may purchase the properties in this area and given the Council's recent action concerning septic systems, he recommended granting a three year variance. �. ����������- RESOLUTION �INT PAUL,J1�Nd1VESOTA Presented Refened To Council File # '9 � � �q Green Sheet # ��3`"�Z Committee Date S6 1 BE IT RESOLVED, th�-t�Council of the Ciry of Saint Paul hereby certifies and approves the March 18, 2 1997 decision of the Legislative Hearing Officer: 3 Property��gealed Appellant 4 1201 Edgerton Street Richazd Phillips 5 Decision: Crrant appeal on condition fire rateddoor is installed in basement. 6 1381 N. Cleveland Avenue 7 Decision: Cnant variance for square footage for one sleeping room. 8 562 N. Lexington Parkway 9 Decision: Grant variance. 10 1080 Earl Street i l Decision: Graut four year variance. 12 269 Goodhue Street (upper) 13 Decision: Laid over to April 1, 1997 hearing. 14 601 Topping Street 15 Decision: Grant three year variance. � Approved by Mayor: Date 4/t �F � Monica Mitteness Dale Burke Donald Falzone Robert Zimmerman Dina Nelson Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council By: � Adopted by Council: Date �" � a,.,� �. C �`�`l'� � Adoption Certified by Council Secretary q�-�!9 �.���� DEPAHIMEMAFFICE/COUNCIL DATE INITIATED v � � ctzycourrcu. srisr�r GREEN SHEE INITIAVDATE MITIAL/DATE C/JNTACT PERSON 8 PHONE � DEPARTMENT DIRECTOR O CRV COUNqI Gerry Sirathman 266-8575 ASSIGN � GIN ATTORNEY q CITY CLEflK MUST BE ON CAUNCII AGENDA BY (DATE) NUYBER FOP ❑ BUDGET DIREGTOR O FM. & MGT, SERVIGES DIR. flOUTING M'dLCh'z(� 19YJ ORDEN �MAYOR{ORASSISTAN'1) O TOTAL # OF SIGNATURE PAGES (CLIP ALL IACATIONS FOR SIGNATURE) ACTION REQUESTE�: Approving the decision of the Legislative Heazing OfficQr on Property Code Enforcement Appeals for the Mazch 18, 1997 meeting. RECOMMENDATIONS: Approve (A) ar REjM (R) pEHSONAI SERYICE CONTRACTS MUST ANSW ER TNE FpLLOWING 4UESTIONS: __ PLANNMCa COMMISSION _ CIVIL SERYIGE COMMISSION �� Has this personHircn evar worked under a coMrac[ for Mis tlepartment? _ CIB GOMMITTEE _ YES NO 2. Nas this person�rm ever been a city employea? _ STAFF — YES NO _ o�S7A�ci COURT , 3. Does ihis pereoNhrm possess a skill not normaily possessed dY any curren[ city employee4 SUPPORTS WHICH COUNCU.OBJECTIVE7 YES NO Explafn all yas answers on separate sheet antl ettach to green sheet INITIATMG PROBLEM. ISSUE, OPP�RTUNITV (Who. Wha1. When, Where, Why). ADVANTAGES IFAPPROVED: DISADVANTAGES IFAPPROVED: � niY;:+v:i rv,.; �.b�,�r3���l.�� �^m- t%.' "._„�e� tt��;=.s� 1 � °t�97 --�— ��,� OISAOVANTAGES IF NOTAPPROVEO: TOTAL AMOUNT OF TRANSAC'f10N $ COSTiREVENUE BUpGETED (CIRCLE ONE) YES NO FUNDIWG SOURCE AC7IVITY NUMBER FINANCIAL INFORh5AT10N. (EXPLAW) Properly Code Enforcement Meeting ���',�' q March 18,1997 1201 Edgerton Street Richard Plullips, properiy owner, appeared with the tenant, Frank's Dairy. He stated that at a previous hearing, he had appealed the order to repair the basement walls from water leakage. The tenant had now filed an appeal as he desired to utilize a portion of the basement for storage. He explained that the basement was divided in two sections by a stone wall and a doorway in the middle of the wall. The electrical azea was in the rear section of the basement and the other section had wood sheiving for storage of dry goods. Phil Owens, Fire Prevention, stated that he objected to the filing of the new appeal. It was still kris contention that the basement walls should be repaired from water leakage into the main electrical service. Since the owner could not afford the cost to make the necessary repairs, it was his contention that storage of combustible material shovld not be allowed. Mr. Phillips stated that he would be willing to install a fire rated door between the two sections of the basement. Mr. Stratlunan stated that he would grant the appeal on the condition that a fire rated door be installed between the two sections in the basement. 1572 Portland Avenue Michael Ahrens, properiy manager with Mailand Management, appeared. He stated that he was appealing the requiremexrt to install 20 minute fire rated doors for the apartrnents in the building. He explained that the building was 75 years old, was two stories and contained 13 apartment units. He believed that changing the doors wouid deface the character of the building. He also pointed out that there were two entrancelexit doors to every unit and to replace every door would be very costly. He presented pictures of the interior and exterior of the building. He was aiso appealing the egress windows in a bedraom in one of the units. The height of the window was 18 inches and the code required a 24 inch opening. The unit was on the first floor of the building and he believed this would also be a very costly item to replace. Pat Fish, Fire Prevention, stated that the Fire Department had done extensive physicai testing on different types of fire doors and paneled doors, such as the doors in tlus building, failed the test. Fire rated doors were required by the State Fire Code and she considered this a life safety issue. She suggested that the interior of the doors could be upgraded to a fire rated door which would lessen the unpact on the aestheucs of the building. Regazding the egress windows, since there was a second exit in every unit, she would be agreeable to granting a variance. Mr. Strathman stated that he would grant a variance for the egress window, however, it was his opinion that the Council should make the policy level decision regazding the fire rated doors. Therefore, he denied the appeal for installation of the fire rated doors. 1381 N. Cleveland Avenue Sandy Ducharme appeared on behalf of the sorority house manager, Monica Mitteness. She was appealing the square footage requirement of one of the sleeping zooms to be able to accommodate three occupants. She Properry Code Enforcement Mazch 18, 1997 Page - 2 - °I�-�t9 explained that this was a sorority house for young women only and that additional living space was provided for all of the occupants. The bedroom was 146 square feet and was used only for sleeping and she did not want to evict one of the occupants. Pat Fish, Fire Prevenrion, stated that there were other issues concerning zoning and the number of people allowed to occupy the building. She believed that the bedroom was actually less than 146 square feet of the required 150 square feet for sleeping rooms. Mr. Strathman stated that he did not have the authority over zoning issues. He granted the variance for the square footage for the one sleeping room. 562 N. Leain�,ton ParkwaX Dale Burke, pmperiy owner, appeared and stated that he was appealing the requirement to install 20 minute fire rated doors. The building contained four units and he occupied one of those units and rented to three other individuals. The inspector suggested that he measure the square footage of the building to deternune the occupancy holding of the building. It was his information that if the building could support under 10 people, the fire doors would not be required. He explained that there were sepazate entaes at the front of the building and at the reaz of the building, each accommodating two ofthe units. The tenants did have access to either of the entries in the event of a fire. Pat Fish, Fire Prevention, stated that the square footage of the building exceeded the limit of 10 occupants for the building and, therefore, the fire doors would be required. She did agree that in the event of a fire, the tenants would be able to escape through either entry. Mr. Strathman stated that he believed there were several options for escape for the tenants in case of a fire. He granted a variance for installation of fire rated doors. 1080 Earl Street Donald Falzone, properiy owner, appeazed and stated that he was appealing the order to upgrade the electrical service in the building and the requirement to provide ventilation in the bathroom. This was a two story, 75 year old building. The lower level contained a beauty shop and there was one apartment on the upper level with two tenants. He had made numerous improvements to the building and could not afford to upgrade the elecirical system nor instali a vent in the bathroom at this time. He pointed out that he had never received a complaint &om any tenant who had Iived there. Phil Owens, Fire Prevention, stated that the electrical service and the lack of ventilation in the bathroom did not meet minimum housing code standards. The bathroom was on interior walls and ventilated into the apartment. The hathroom atso did not have an electrical ouflet which was in violation of the code and the rest of the unit did not have the appropriate number of electrical outlets. In speaking with the tenant, the tenant indicated that she did not have a problem with the aparnnent as it was. Mr. Strathman granted a four year variance and indicated that the issues wouid be reviewed again at that time. Properiy Code Enforcement Mazch 18, 1997 Page - 3 - �64 Goodhue Street n rl o ��.�i� Robert Zimmerman, a tenant in the building, appeazed and stated that he was appealing the condemnation order. He had called the Health Department after the owner had tumed offthe water to their unit. When their unit was inspected, they were cited with broken fixtures in the kitchen, broken windows in the unit and insufficient electrical service. They had requested additional time to be able to find another place to live. He contacted the fee owner ofthe building and the fee owner agreed to make some of the improvements so that they could continue to live in the dwelling. The owner had rer.ently tumed the water on, however, they did not have hot water. Richazd Miller, fee owner of the property, appeared and stated that the owner had not made the contract fox deed payments this yeaz and he was in the process of foreclosing on the property and planned to take possession within the next two weeks. He was willing to make the necessary impmvements to the upstairs unit and desired to keep the tenants living in the building. He believed that the issue of the owner turning off the water should haue been an issue brought before Housing Court rather than hauing the property condemned. He requested additionai time to be able to take possession of the property and make the necessary repairs. Diane Rucks, property owner, appeazed and stated that she gave 30 days notice at the end of January for the tenants to vacate the premises as they had not paid their rent. She admitted that she had turned the water off and realized that she should not have done so. She complained that the tenants would not allow access to their unit to make any of the repairs. David Weisberg, Pubiic Health, stated that he was concerned with the physical condition of the building, specifically with the lack of hot water, the broken windows and there were exteriox repairs needed to the building as well. He would need to xeinspect the premises in order to make a determination on removing the condemnation order. Mr. Strathman laid the matter over to the April l, 1997 hearing. 6Q1 To�ping Street Dina Nelson, property owner, appeazed and stated that she was appealing the order to correct a failed septic system. She believed that the system was fixnctioning properly and that a drywell should not be considered a failed system. She expiained that she had ar.quired the properiy last year after the death of her mother. The house was a duplex and her 80 yeaz old awrt and 20 yeaz oid son were the only occupants in the build'vng. The properEy did not have a considerabie value and to replace the septic system would be too costly. She was awaze that discussions were underway with the Port Authority possibly purchasing the surrounding properties as part of the Dale StreetlMason Steel industrial development. If flus were to happen, it would be pointless to spend the money to replace the system or connect to any city sewer system. Tom LeClair, LIEP, stated that the Legislative Code does not atlow a drywell and, therefore, the system was a failed system. Properry Code Enforcement Mazch 18, 1497 Page-4- °I��� i Mr. Stratlunan stated that since there was the possibility that the Port Authority may purchase the properties in this area and given the Council's recent action concerning septic systems, he recommended granting a three year variance. �.