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98-1069Council File # `�$ - lo�g aRIG1NA�. Presented Refesed To RESOLUTION OF SAINT PAUL, MINNESOTA Green Sheet # 62261 � Committee Date 1 BE IT RESOLVED, that the Council of the Ciry of Saint Paul hereby certifies and approves the December 1, 2 1998 decision of the L.egislative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Propert,L�pealed Appellant 643 Virginia Street Michael Ricci, Charter School Property, Inc. Decision: Laid over to the December 15, 1998, Property Code Enforcement meeting. 642 North Street Richazd and Elizabeth Pool Decision: Appeal granted based on the owner's representation that the roof is sound, tight, and water impervious. 243 I,exington Parkway South Decision: Appeal denied. 661-663 Fifth Street East Decision: Variance granted on the windows. 195 Exchange Street (Laid over from 8-4-98) Decision: Appeal denied. 1104 Rice Street Decision: Appeal denied. Patrick Byrne and Rachel Blank Mark Salzman James Killian, Attorney for PZA, LLC Cheryl Hilyar 22 216 Sherburne Avenue „ R& N Corporation 23 Decision: Appeal granted far the vacant building fee based on the owner's representation that the property will 24 be demolished in 30 days. 25 836 Dayton Avenue 26 Decision: Variance granted on the windows. Michael Rivard 1 98 - l o�q ORIGI{�AL 3 4 $ 6 � 8 9 Yeas Na s Absent Blakey ✓ Coleman � Harris ✓ Benanav ✓ Reiter � Bostrom � �r�' ✓ Q 10 ll 12 13 Adopted by Council: Date � x.� �� 10 Adopfion sy: 14 Approved 15 By: Green Sheet#62261 Requested by Department of: !'�3� Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 c{' � - I O G `t DEPARTMENTlOFFICElCOUNCIL DpTE INIiuiFD c�t coun��� �z-z-9s GREEN SHEET No 62261 CONTACT PERSON & PHONE InNbUDah InNIaVWh Gerry Strathman, 266-8575 oE.ue,rexrowECmn a,rcau+ci. MUST BE ON COUNCIL AGFNDA BY (�AT� nss�cx December 9, 1998 �.���, ❑�.� NUYBER PoR ROUTING ORDER RUIICMItERVICUtlR ❑ RUIICJIILlERV/1CCT6 ❑ r�wRlatuvsr� ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ' CTION REQUESTm Approving the 12-1-98 decision of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 643 Virginia Street, 642 North Street, 243 Lexington Parkway South, 661-663 Fifth Street East, 195 Exchange Street, 1104 Rice Street, 216 Sherburne Avenue, and 836 Dayton Avenue. RECOMMENDATION A�IPfOVO (A) Of R0J8C� (RJ PERSONAL SERVICE CONTRACiS MUST ANSWER TNE FOLLOWIN6 QUfSTIONS: 7. Has this persorJfirtn everwwked under a contract far Nia tlepartmeriY7 PLANNING COMMISSION VES NO CIB COMMITTEE 2. Has tMS personfirm e�er been a city empbyee? CIVILSERVICECAMMISSION YE3 NO 3. Dces ihis De�sooMrm P� a slall not normalbPO%� bY any artenf ciF/ emPbYee? YES NO 4. Is ihis peisonrTrm a tarpeted vendoYl YES NO F�rylain all Yes answers on seParste sheM arM attach to green sheet - INITIA7ING PROBLEM ISSUE, OPPORTUNi7Y (Who, Whffi, When, Where, Why) ADVAM'AGES IF APPROVED / � ,9 � � p� �9b°&`1'1JF� �a�ix'i`_�a? ��lii�': �t �. �, � � DISADVANTAGES IF APPROVED DISADVANTAGES IF NOT APPROVED TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDfiETED (dRCLE ON� YES NO FUNDIN6 SOURCE ACTNRV NUMBER FlNMlCW.INFORMATION (IXPW M � `1�S- IU(��=( MINiJTES OF THE PROPERTY CODE ENFORCEMENT MEE'I`ING December 1, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Pat Fish, Fue Prevention; Thomas Friel, Code Enforcement; Phillip Owens, Fire Prevention; Steve Schiller, Code Enforcement Gerry Strathman called the meeting to order at 1:31 p.m. 643 Virginia Street Richard Carter, LHB Engineers and Architects, appeared and stated this is a classic two story school building which houses four classes on each floor and a basement. Before purchasing, the building was walked through by building code and fire marshal personnel. The architects met with the building officials in Saint Paul and built what was required. The owners had moved in when they requested some help from the fire marshals to create an existing plan. As part of that, the owners received an order to correct five deficiencies. One conection was to remove the storage of clothing in the corridor unless noncombustible lockers or an automatic sprinkler system are provided. Mr. Carter feels this would be very expensive and difficult to do. He contacted Jon Nisja, State Fire Marshal. They never spoke, but exchanged voice messages. Mr. Nisja stated it was cleaz from the building code that was in effect when it was built that these were considered corridors and required to be fire rated. If the building was built today, the clothes closet would not be allowed. Mr. Nisja suggested Mr. Carter look at the cunent 1997 uniform building code. From looking at this code, Mr. Carter stated with these classes and the occupancies emptying into the central stairway, that area would be a hallway, not a corridor. Therefore, it does not require a fire rating. Based on Mr. Nisja's recommendation, a little reseazch, and concurrence with Mr. Carter's building code consultant, if this building was built today, the situation with the coat hooks and the closet in the hallway would be acceptable. Philiip Owens reported that he is surprised at the comments of Jon Nisja. Saint Paul Fire Prevention inspects schools under contract with the State Fire Marshal's Office. Saint Paul is enfarcing their rules. No combustibles in corridors is a State rule, and a policy of the Board of Education. Mr. Owens did not know there was a difference between a corridor and hallway. Mr. Owens suggested laying over this matter to give him a chance to discuss this with the State Fire Marshal's Office. Normally, they are closely aligned on these matters. Gerry Strathman laid over this matter to the December 15, 1998, Property Code Enforcement meeting in order for Phillip Owens and Jon Nisja to discuss this matter. Mr. Strathman suggested the interested parties meet together in order for everyone to hear the same thing at the same time. Phillip Owens stated he will set up a meeting with Deputy Nisja and advise the appellant. ��-����5 PROPERTY CODE ENFORCEMENT NOTES OF 12-1-98 642 North Street Page 2 Elizabeth Pool, owner, appeared and stated there were tenants at her property who called the City in 1996. There were five original items that have been taken caze of. Ms. Pool stated she was not going to rent anymore and the property was going back to single dwelling. That was the end of the matter. About a year later, Ms. Pool started received letters from Thomas Friel telling her to repair her roof, but Ms. Pool feels her roof does not leak. All the previous matters have been taken care of as long as the residence was going back to single family. Geiry Strathman asked what prompted the interior inspection. Thomas Friel responded he got the worksheet after pon Juenemann inspected it. Mr. Juenemann issued an order on July 29, 1997, for the interior ceilings, walis, refrigerator, and carpeting because the conditions still existed. Mr. Strathman asked was the property rental property then. Elizabeth Pool responded the house is now single family. The upstairs is occupied by her two children. Mr. Strathman asked given that this is no longer rental property, would the interior be inspected normally. Mr. Friel responded it depends on the nature of the complaint. Code Enforcement follows up on anything an order was issued on. They do owner-occupied dwellings if there is a complaint for maintenance ar sanitation problems. However, if it looks like it was a single family, they would not have been called in. Gerry Strathman asked about the roof. Elizabeth Pool says the roof is fine. It does not leak on the inside. The paperwork says the roof is deteriorated. Thomas Friel responded the roof has a hole on one side that is about 6 to 9 inches directly through the sheathing on the house. Mr. Friel stated he has photographs of the roof, but the problem is hard to see. (Mr. Friel presented photographs to Mr. Strathman.) Mr. Strathman stated he cannot tell from the photographs if there is a hole. Gerry Strathman granted the appeal based on the owner's representation that the roof is sound, tight, and water impervious. If the City has any reason to find that it is not, new orders will be issued and action will be taken at that time. This is presently an owner occupied home, and would not have normally been inspected. 243 Lexington Parkwav South No one appeared representing the property. Steve Schiller appeared. Gerry Strathman denied the appeal. ��- �c��� PROPERTY CODE ENFORCEMENT NOTES OF 12-1-98 661-663 Fifth Street East No one appeared representing the property. Page 3 Pat Fish reported the owners aze not going to appear. The egress windows are four inches longer on the width. The previous owner installed the replacement windows; a pernut was probably not pulled. In the adjoining room there is a confornung window. The owner agreed to install an interconnected smoke detector between the basement and the third floor. With those two conditions, Ms. Fish did not feel the property was a hazard; a person could get out in an emergency. Gerry Strathman granted a variance on the windows. 195 Exchange Street (Laid over from 8-4-98) No one appeazed representing the property. Phillip Owens stated this matter was laid over because of a civil suit. He has no information as to whether this has been resolved. The wall has not been repaired. Mr. Owens recommended denying the appeal. Gerry Strathman denied the appeal. 1104 Rice Street Cheryl Hilyaz and Fay Hilyaz appeared. Fay Hilyar stated they are appealing the condemnation of the building. The conditions have been conected. There was allegation that the building was being lived in, but it is not. This is a Laundromat. Phillip Owens reported the inspector had reason to believe it was being occupied as a residence based on bedding, food, and other evidence at the time. However, this issue has been resolved, and there is no reason to believe that someone is living there. Phillip Owens further reported the Laundromat was condemned as unfit for human habitation for the following reasons: accumulation of refuse and debris inside and outside, animal waste inside and outside, and odors from the animal waste. The appellants have done a great deal to bring the property toward compliance. The place is in a better shape than in the last ten years that Mr. Owens has dealt with it The floors, walls, and machines ue clean. The outside still has to be cleaned. Once it is to compliance, the problem is how long it will stay there. The history of this property and the gross consumption of City services are unacceptable. There have been continuous inspections and marginal compliance. Just since August 1994, there have been 14 complaints, 12 certificate inspections, two criminal citations, and two condemnations. There are still unlicensed or inoperable vehicles on the premises. The owners say this matter will be taken caze of soon. There aze stiil junk materials in the back. There are still junk and debris in the ��c-�o�`� PROPERTY CODE ENFORCEMENT NOTES OF 12-1-98 Page 4 shed and the dog pen in the back. There has been hazazdous waste that needs to be taken to a disposal facility. Licensing and Animal Control has had the same problems with compliance. Gerry Strathman asked how long have they owned the property. Cheryl Hilyazd responded 12 yeazs. Gerry Strathman asked about the status of the condemnation. Phillip Owens responded the condemnation will be lifted when the interiar storage issues are finished. Cheryl Hilyar has assured him the exterior will be taken caze of by this weekend. The condemnation will not be based on the exterior probiems. Gerry Strathman denied the appeal because the original order is correct. If the matter can be taken care of to the point that Phillip Owens willlift the condemnation order by December 9, then the matter will go away. If the situation has not been remedied by December 9, then Mr. Strathman will recommend the appeal be denied. 216 Sherburne Avenue Jack Sason appeazed. Gerry Strathman stated he received a call from the inspector who indicated Jack Saxon intended to remove the building. Mr. Saxon responded he is appealing the registration for a vacant house because the house will be demolished within two weeks. Gerry Strathman granted the appeal for the vacant building fee based on the owner's representation that the property will be demolished within 30 days. 836 Davton Avenue Michael Rivard, owner, appeared and stated his appeal is for an egress window. It is four inches too short and about 15 inches wider than it needs to be. Pat Fish reported the window has far more width then it needs. Gerry Strathman granted a vaziance on the windows. The meeting was adjourned at 2:12 p.m. rrn Council File # `�$ - lo�g aRIG1NA�. Presented Refesed To RESOLUTION OF SAINT PAUL, MINNESOTA Green Sheet # 62261 � Committee Date 1 BE IT RESOLVED, that the Council of the Ciry of Saint Paul hereby certifies and approves the December 1, 2 1998 decision of the L.egislative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Propert,L�pealed Appellant 643 Virginia Street Michael Ricci, Charter School Property, Inc. Decision: Laid over to the December 15, 1998, Property Code Enforcement meeting. 642 North Street Richazd and Elizabeth Pool Decision: Appeal granted based on the owner's representation that the roof is sound, tight, and water impervious. 243 I,exington Parkway South Decision: Appeal denied. 661-663 Fifth Street East Decision: Variance granted on the windows. 195 Exchange Street (Laid over from 8-4-98) Decision: Appeal denied. 1104 Rice Street Decision: Appeal denied. Patrick Byrne and Rachel Blank Mark Salzman James Killian, Attorney for PZA, LLC Cheryl Hilyar 22 216 Sherburne Avenue „ R& N Corporation 23 Decision: Appeal granted far the vacant building fee based on the owner's representation that the property will 24 be demolished in 30 days. 25 836 Dayton Avenue 26 Decision: Variance granted on the windows. Michael Rivard 1 98 - l o�q ORIGI{�AL 3 4 $ 6 � 8 9 Yeas Na s Absent Blakey ✓ Coleman � Harris ✓ Benanav ✓ Reiter � Bostrom � �r�' ✓ Q 10 ll 12 13 Adopted by Council: Date � x.� �� 10 Adopfion sy: 14 Approved 15 By: Green Sheet#62261 Requested by Department of: !'�3� Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 c{' � - I O G `t DEPARTMENTlOFFICElCOUNCIL DpTE INIiuiFD c�t coun��� �z-z-9s GREEN SHEET No 62261 CONTACT PERSON & PHONE InNbUDah InNIaVWh Gerry Strathman, 266-8575 oE.ue,rexrowECmn a,rcau+ci. MUST BE ON COUNCIL AGFNDA BY (�AT� nss�cx December 9, 1998 �.���, ❑�.� NUYBER PoR ROUTING ORDER RUIICMItERVICUtlR ❑ RUIICJIILlERV/1CCT6 ❑ r�wRlatuvsr� ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ' CTION REQUESTm Approving the 12-1-98 decision of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 643 Virginia Street, 642 North Street, 243 Lexington Parkway South, 661-663 Fifth Street East, 195 Exchange Street, 1104 Rice Street, 216 Sherburne Avenue, and 836 Dayton Avenue. RECOMMENDATION A�IPfOVO (A) Of R0J8C� (RJ PERSONAL SERVICE CONTRACiS MUST ANSWER TNE FOLLOWIN6 QUfSTIONS: 7. Has this persorJfirtn everwwked under a contract far Nia tlepartmeriY7 PLANNING COMMISSION VES NO CIB COMMITTEE 2. Has tMS personfirm e�er been a city empbyee? CIVILSERVICECAMMISSION YE3 NO 3. Dces ihis De�sooMrm P� a slall not normalbPO%� bY any artenf ciF/ emPbYee? YES NO 4. Is ihis peisonrTrm a tarpeted vendoYl YES NO F�rylain all Yes answers on seParste sheM arM attach to green sheet - INITIA7ING PROBLEM ISSUE, OPPORTUNi7Y (Who, Whffi, When, Where, Why) ADVAM'AGES IF APPROVED / � ,9 � � p� �9b°&`1'1JF� �a�ix'i`_�a? ��lii�': �t �. �, � � DISADVANTAGES IF APPROVED DISADVANTAGES IF NOT APPROVED TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDfiETED (dRCLE ON� YES NO FUNDIN6 SOURCE ACTNRV NUMBER FlNMlCW.INFORMATION (IXPW M � `1�S- IU(��=( MINiJTES OF THE PROPERTY CODE ENFORCEMENT MEE'I`ING December 1, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Pat Fish, Fue Prevention; Thomas Friel, Code Enforcement; Phillip Owens, Fire Prevention; Steve Schiller, Code Enforcement Gerry Strathman called the meeting to order at 1:31 p.m. 643 Virginia Street Richard Carter, LHB Engineers and Architects, appeared and stated this is a classic two story school building which houses four classes on each floor and a basement. Before purchasing, the building was walked through by building code and fire marshal personnel. The architects met with the building officials in Saint Paul and built what was required. The owners had moved in when they requested some help from the fire marshals to create an existing plan. As part of that, the owners received an order to correct five deficiencies. One conection was to remove the storage of clothing in the corridor unless noncombustible lockers or an automatic sprinkler system are provided. Mr. Carter feels this would be very expensive and difficult to do. He contacted Jon Nisja, State Fire Marshal. They never spoke, but exchanged voice messages. Mr. Nisja stated it was cleaz from the building code that was in effect when it was built that these were considered corridors and required to be fire rated. If the building was built today, the clothes closet would not be allowed. Mr. Nisja suggested Mr. Carter look at the cunent 1997 uniform building code. From looking at this code, Mr. Carter stated with these classes and the occupancies emptying into the central stairway, that area would be a hallway, not a corridor. Therefore, it does not require a fire rating. Based on Mr. Nisja's recommendation, a little reseazch, and concurrence with Mr. Carter's building code consultant, if this building was built today, the situation with the coat hooks and the closet in the hallway would be acceptable. Philiip Owens reported that he is surprised at the comments of Jon Nisja. Saint Paul Fire Prevention inspects schools under contract with the State Fire Marshal's Office. Saint Paul is enfarcing their rules. No combustibles in corridors is a State rule, and a policy of the Board of Education. Mr. Owens did not know there was a difference between a corridor and hallway. Mr. Owens suggested laying over this matter to give him a chance to discuss this with the State Fire Marshal's Office. Normally, they are closely aligned on these matters. Gerry Strathman laid over this matter to the December 15, 1998, Property Code Enforcement meeting in order for Phillip Owens and Jon Nisja to discuss this matter. Mr. Strathman suggested the interested parties meet together in order for everyone to hear the same thing at the same time. Phillip Owens stated he will set up a meeting with Deputy Nisja and advise the appellant. ��-����5 PROPERTY CODE ENFORCEMENT NOTES OF 12-1-98 642 North Street Page 2 Elizabeth Pool, owner, appeared and stated there were tenants at her property who called the City in 1996. There were five original items that have been taken caze of. Ms. Pool stated she was not going to rent anymore and the property was going back to single dwelling. That was the end of the matter. About a year later, Ms. Pool started received letters from Thomas Friel telling her to repair her roof, but Ms. Pool feels her roof does not leak. All the previous matters have been taken care of as long as the residence was going back to single family. Geiry Strathman asked what prompted the interior inspection. Thomas Friel responded he got the worksheet after pon Juenemann inspected it. Mr. Juenemann issued an order on July 29, 1997, for the interior ceilings, walis, refrigerator, and carpeting because the conditions still existed. Mr. Strathman asked was the property rental property then. Elizabeth Pool responded the house is now single family. The upstairs is occupied by her two children. Mr. Strathman asked given that this is no longer rental property, would the interior be inspected normally. Mr. Friel responded it depends on the nature of the complaint. Code Enforcement follows up on anything an order was issued on. They do owner-occupied dwellings if there is a complaint for maintenance ar sanitation problems. However, if it looks like it was a single family, they would not have been called in. Gerry Strathman asked about the roof. Elizabeth Pool says the roof is fine. It does not leak on the inside. The paperwork says the roof is deteriorated. Thomas Friel responded the roof has a hole on one side that is about 6 to 9 inches directly through the sheathing on the house. Mr. Friel stated he has photographs of the roof, but the problem is hard to see. (Mr. Friel presented photographs to Mr. Strathman.) Mr. Strathman stated he cannot tell from the photographs if there is a hole. Gerry Strathman granted the appeal based on the owner's representation that the roof is sound, tight, and water impervious. If the City has any reason to find that it is not, new orders will be issued and action will be taken at that time. This is presently an owner occupied home, and would not have normally been inspected. 243 Lexington Parkwav South No one appeared representing the property. Steve Schiller appeared. Gerry Strathman denied the appeal. ��- �c��� PROPERTY CODE ENFORCEMENT NOTES OF 12-1-98 661-663 Fifth Street East No one appeared representing the property. Page 3 Pat Fish reported the owners aze not going to appear. The egress windows are four inches longer on the width. The previous owner installed the replacement windows; a pernut was probably not pulled. In the adjoining room there is a confornung window. The owner agreed to install an interconnected smoke detector between the basement and the third floor. With those two conditions, Ms. Fish did not feel the property was a hazard; a person could get out in an emergency. Gerry Strathman granted a variance on the windows. 195 Exchange Street (Laid over from 8-4-98) No one appeazed representing the property. Phillip Owens stated this matter was laid over because of a civil suit. He has no information as to whether this has been resolved. The wall has not been repaired. Mr. Owens recommended denying the appeal. Gerry Strathman denied the appeal. 1104 Rice Street Cheryl Hilyaz and Fay Hilyaz appeared. Fay Hilyar stated they are appealing the condemnation of the building. The conditions have been conected. There was allegation that the building was being lived in, but it is not. This is a Laundromat. Phillip Owens reported the inspector had reason to believe it was being occupied as a residence based on bedding, food, and other evidence at the time. However, this issue has been resolved, and there is no reason to believe that someone is living there. Phillip Owens further reported the Laundromat was condemned as unfit for human habitation for the following reasons: accumulation of refuse and debris inside and outside, animal waste inside and outside, and odors from the animal waste. The appellants have done a great deal to bring the property toward compliance. The place is in a better shape than in the last ten years that Mr. Owens has dealt with it The floors, walls, and machines ue clean. The outside still has to be cleaned. Once it is to compliance, the problem is how long it will stay there. The history of this property and the gross consumption of City services are unacceptable. There have been continuous inspections and marginal compliance. Just since August 1994, there have been 14 complaints, 12 certificate inspections, two criminal citations, and two condemnations. There are still unlicensed or inoperable vehicles on the premises. The owners say this matter will be taken caze of soon. There aze stiil junk materials in the back. There are still junk and debris in the ��c-�o�`� PROPERTY CODE ENFORCEMENT NOTES OF 12-1-98 Page 4 shed and the dog pen in the back. There has been hazazdous waste that needs to be taken to a disposal facility. Licensing and Animal Control has had the same problems with compliance. Gerry Strathman asked how long have they owned the property. Cheryl Hilyazd responded 12 yeazs. Gerry Strathman asked about the status of the condemnation. Phillip Owens responded the condemnation will be lifted when the interiar storage issues are finished. Cheryl Hilyar has assured him the exterior will be taken caze of by this weekend. The condemnation will not be based on the exterior probiems. Gerry Strathman denied the appeal because the original order is correct. If the matter can be taken care of to the point that Phillip Owens willlift the condemnation order by December 9, then the matter will go away. If the situation has not been remedied by December 9, then Mr. Strathman will recommend the appeal be denied. 216 Sherburne Avenue Jack Sason appeazed. Gerry Strathman stated he received a call from the inspector who indicated Jack Saxon intended to remove the building. Mr. Saxon responded he is appealing the registration for a vacant house because the house will be demolished within two weeks. Gerry Strathman granted the appeal for the vacant building fee based on the owner's representation that the property will be demolished within 30 days. 836 Davton Avenue Michael Rivard, owner, appeared and stated his appeal is for an egress window. It is four inches too short and about 15 inches wider than it needs to be. Pat Fish reported the window has far more width then it needs. Gerry Strathman granted a vaziance on the windows. The meeting was adjourned at 2:12 p.m. rrn Council File # `�$ - lo�g aRIG1NA�. Presented Refesed To RESOLUTION OF SAINT PAUL, MINNESOTA Green Sheet # 62261 � Committee Date 1 BE IT RESOLVED, that the Council of the Ciry of Saint Paul hereby certifies and approves the December 1, 2 1998 decision of the L.egislative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Propert,L�pealed Appellant 643 Virginia Street Michael Ricci, Charter School Property, Inc. Decision: Laid over to the December 15, 1998, Property Code Enforcement meeting. 642 North Street Richazd and Elizabeth Pool Decision: Appeal granted based on the owner's representation that the roof is sound, tight, and water impervious. 243 I,exington Parkway South Decision: Appeal denied. 661-663 Fifth Street East Decision: Variance granted on the windows. 195 Exchange Street (Laid over from 8-4-98) Decision: Appeal denied. 1104 Rice Street Decision: Appeal denied. Patrick Byrne and Rachel Blank Mark Salzman James Killian, Attorney for PZA, LLC Cheryl Hilyar 22 216 Sherburne Avenue „ R& N Corporation 23 Decision: Appeal granted far the vacant building fee based on the owner's representation that the property will 24 be demolished in 30 days. 25 836 Dayton Avenue 26 Decision: Variance granted on the windows. Michael Rivard 1 98 - l o�q ORIGI{�AL 3 4 $ 6 � 8 9 Yeas Na s Absent Blakey ✓ Coleman � Harris ✓ Benanav ✓ Reiter � Bostrom � �r�' ✓ Q 10 ll 12 13 Adopted by Council: Date � x.� �� 10 Adopfion sy: 14 Approved 15 By: Green Sheet#62261 Requested by Department of: !'�3� Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 c{' � - I O G `t DEPARTMENTlOFFICElCOUNCIL DpTE INIiuiFD c�t coun��� �z-z-9s GREEN SHEET No 62261 CONTACT PERSON & PHONE InNbUDah InNIaVWh Gerry Strathman, 266-8575 oE.ue,rexrowECmn a,rcau+ci. MUST BE ON COUNCIL AGFNDA BY (�AT� nss�cx December 9, 1998 �.���, ❑�.� NUYBER PoR ROUTING ORDER RUIICMItERVICUtlR ❑ RUIICJIILlERV/1CCT6 ❑ r�wRlatuvsr� ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ' CTION REQUESTm Approving the 12-1-98 decision of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 643 Virginia Street, 642 North Street, 243 Lexington Parkway South, 661-663 Fifth Street East, 195 Exchange Street, 1104 Rice Street, 216 Sherburne Avenue, and 836 Dayton Avenue. RECOMMENDATION A�IPfOVO (A) Of R0J8C� (RJ PERSONAL SERVICE CONTRACiS MUST ANSWER TNE FOLLOWIN6 QUfSTIONS: 7. Has this persorJfirtn everwwked under a contract far Nia tlepartmeriY7 PLANNING COMMISSION VES NO CIB COMMITTEE 2. Has tMS personfirm e�er been a city empbyee? CIVILSERVICECAMMISSION YE3 NO 3. Dces ihis De�sooMrm P� a slall not normalbPO%� bY any artenf ciF/ emPbYee? YES NO 4. Is ihis peisonrTrm a tarpeted vendoYl YES NO F�rylain all Yes answers on seParste sheM arM attach to green sheet - INITIA7ING PROBLEM ISSUE, OPPORTUNi7Y (Who, Whffi, When, Where, Why) ADVAM'AGES IF APPROVED / � ,9 � � p� �9b°&`1'1JF� �a�ix'i`_�a? ��lii�': �t �. �, � � DISADVANTAGES IF APPROVED DISADVANTAGES IF NOT APPROVED TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDfiETED (dRCLE ON� YES NO FUNDIN6 SOURCE ACTNRV NUMBER FlNMlCW.INFORMATION (IXPW M � `1�S- IU(��=( MINiJTES OF THE PROPERTY CODE ENFORCEMENT MEE'I`ING December 1, 1998 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Pat Fish, Fue Prevention; Thomas Friel, Code Enforcement; Phillip Owens, Fire Prevention; Steve Schiller, Code Enforcement Gerry Strathman called the meeting to order at 1:31 p.m. 643 Virginia Street Richard Carter, LHB Engineers and Architects, appeared and stated this is a classic two story school building which houses four classes on each floor and a basement. Before purchasing, the building was walked through by building code and fire marshal personnel. The architects met with the building officials in Saint Paul and built what was required. The owners had moved in when they requested some help from the fire marshals to create an existing plan. As part of that, the owners received an order to correct five deficiencies. One conection was to remove the storage of clothing in the corridor unless noncombustible lockers or an automatic sprinkler system are provided. Mr. Carter feels this would be very expensive and difficult to do. He contacted Jon Nisja, State Fire Marshal. They never spoke, but exchanged voice messages. Mr. Nisja stated it was cleaz from the building code that was in effect when it was built that these were considered corridors and required to be fire rated. If the building was built today, the clothes closet would not be allowed. Mr. Nisja suggested Mr. Carter look at the cunent 1997 uniform building code. From looking at this code, Mr. Carter stated with these classes and the occupancies emptying into the central stairway, that area would be a hallway, not a corridor. Therefore, it does not require a fire rating. Based on Mr. Nisja's recommendation, a little reseazch, and concurrence with Mr. Carter's building code consultant, if this building was built today, the situation with the coat hooks and the closet in the hallway would be acceptable. Philiip Owens reported that he is surprised at the comments of Jon Nisja. Saint Paul Fire Prevention inspects schools under contract with the State Fire Marshal's Office. Saint Paul is enfarcing their rules. No combustibles in corridors is a State rule, and a policy of the Board of Education. Mr. Owens did not know there was a difference between a corridor and hallway. Mr. Owens suggested laying over this matter to give him a chance to discuss this with the State Fire Marshal's Office. Normally, they are closely aligned on these matters. Gerry Strathman laid over this matter to the December 15, 1998, Property Code Enforcement meeting in order for Phillip Owens and Jon Nisja to discuss this matter. Mr. Strathman suggested the interested parties meet together in order for everyone to hear the same thing at the same time. Phillip Owens stated he will set up a meeting with Deputy Nisja and advise the appellant. ��-����5 PROPERTY CODE ENFORCEMENT NOTES OF 12-1-98 642 North Street Page 2 Elizabeth Pool, owner, appeared and stated there were tenants at her property who called the City in 1996. There were five original items that have been taken caze of. Ms. Pool stated she was not going to rent anymore and the property was going back to single dwelling. That was the end of the matter. About a year later, Ms. Pool started received letters from Thomas Friel telling her to repair her roof, but Ms. Pool feels her roof does not leak. All the previous matters have been taken care of as long as the residence was going back to single family. Geiry Strathman asked what prompted the interior inspection. Thomas Friel responded he got the worksheet after pon Juenemann inspected it. Mr. Juenemann issued an order on July 29, 1997, for the interior ceilings, walis, refrigerator, and carpeting because the conditions still existed. Mr. Strathman asked was the property rental property then. Elizabeth Pool responded the house is now single family. The upstairs is occupied by her two children. Mr. Strathman asked given that this is no longer rental property, would the interior be inspected normally. Mr. Friel responded it depends on the nature of the complaint. Code Enforcement follows up on anything an order was issued on. They do owner-occupied dwellings if there is a complaint for maintenance ar sanitation problems. However, if it looks like it was a single family, they would not have been called in. Gerry Strathman asked about the roof. Elizabeth Pool says the roof is fine. It does not leak on the inside. The paperwork says the roof is deteriorated. Thomas Friel responded the roof has a hole on one side that is about 6 to 9 inches directly through the sheathing on the house. Mr. Friel stated he has photographs of the roof, but the problem is hard to see. (Mr. Friel presented photographs to Mr. Strathman.) Mr. Strathman stated he cannot tell from the photographs if there is a hole. Gerry Strathman granted the appeal based on the owner's representation that the roof is sound, tight, and water impervious. If the City has any reason to find that it is not, new orders will be issued and action will be taken at that time. This is presently an owner occupied home, and would not have normally been inspected. 243 Lexington Parkwav South No one appeared representing the property. Steve Schiller appeared. Gerry Strathman denied the appeal. ��- �c��� PROPERTY CODE ENFORCEMENT NOTES OF 12-1-98 661-663 Fifth Street East No one appeared representing the property. Page 3 Pat Fish reported the owners aze not going to appear. The egress windows are four inches longer on the width. The previous owner installed the replacement windows; a pernut was probably not pulled. In the adjoining room there is a confornung window. The owner agreed to install an interconnected smoke detector between the basement and the third floor. With those two conditions, Ms. Fish did not feel the property was a hazard; a person could get out in an emergency. Gerry Strathman granted a variance on the windows. 195 Exchange Street (Laid over from 8-4-98) No one appeazed representing the property. Phillip Owens stated this matter was laid over because of a civil suit. He has no information as to whether this has been resolved. The wall has not been repaired. Mr. Owens recommended denying the appeal. Gerry Strathman denied the appeal. 1104 Rice Street Cheryl Hilyaz and Fay Hilyaz appeared. Fay Hilyar stated they are appealing the condemnation of the building. The conditions have been conected. There was allegation that the building was being lived in, but it is not. This is a Laundromat. Phillip Owens reported the inspector had reason to believe it was being occupied as a residence based on bedding, food, and other evidence at the time. However, this issue has been resolved, and there is no reason to believe that someone is living there. Phillip Owens further reported the Laundromat was condemned as unfit for human habitation for the following reasons: accumulation of refuse and debris inside and outside, animal waste inside and outside, and odors from the animal waste. The appellants have done a great deal to bring the property toward compliance. The place is in a better shape than in the last ten years that Mr. Owens has dealt with it The floors, walls, and machines ue clean. The outside still has to be cleaned. Once it is to compliance, the problem is how long it will stay there. The history of this property and the gross consumption of City services are unacceptable. There have been continuous inspections and marginal compliance. Just since August 1994, there have been 14 complaints, 12 certificate inspections, two criminal citations, and two condemnations. There are still unlicensed or inoperable vehicles on the premises. The owners say this matter will be taken caze of soon. There aze stiil junk materials in the back. There are still junk and debris in the ��c-�o�`� PROPERTY CODE ENFORCEMENT NOTES OF 12-1-98 Page 4 shed and the dog pen in the back. There has been hazazdous waste that needs to be taken to a disposal facility. Licensing and Animal Control has had the same problems with compliance. Gerry Strathman asked how long have they owned the property. Cheryl Hilyazd responded 12 yeazs. Gerry Strathman asked about the status of the condemnation. Phillip Owens responded the condemnation will be lifted when the interiar storage issues are finished. Cheryl Hilyar has assured him the exterior will be taken caze of by this weekend. The condemnation will not be based on the exterior probiems. Gerry Strathman denied the appeal because the original order is correct. If the matter can be taken care of to the point that Phillip Owens willlift the condemnation order by December 9, then the matter will go away. If the situation has not been remedied by December 9, then Mr. Strathman will recommend the appeal be denied. 216 Sherburne Avenue Jack Sason appeazed. Gerry Strathman stated he received a call from the inspector who indicated Jack Saxon intended to remove the building. Mr. Saxon responded he is appealing the registration for a vacant house because the house will be demolished within two weeks. Gerry Strathman granted the appeal for the vacant building fee based on the owner's representation that the property will be demolished within 30 days. 836 Davton Avenue Michael Rivard, owner, appeared and stated his appeal is for an egress window. It is four inches too short and about 15 inches wider than it needs to be. Pat Fish reported the window has far more width then it needs. Gerry Strathman granted a vaziance on the windows. The meeting was adjourned at 2:12 p.m. rrn