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98-378Council File # y� 7� Green Sheet # 60884 rresenrea Refesed To Committee Daze 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the Apri121, 1998 2 decision of the Legislafive Hearing Officer: 3 Pzoperiy Appealed 4 503 Cleveland Avenue North (Rescheduled from Aprii 7) A�pellant Judd Fulford 5 Decision: I.egislative Hearing Officer granted a variance with respect to the electrical wiring behind the mezzanine and 6 conduits if the owner wants it to be a service station. However, if the owner does not want to change the occupancy, 7 then it can be called and used as a warehouse. 0 � 11$ Litchfield Street Decision: Legislative Hearing Officer denied the appeal. 10 1320,1326,1336 Mississiuni Street 11 Decision: Legislarive Heating Officer denied the appeal. 12 56 Cook Avenue West l3 Decision: L.egislative Hearing O�cer denied the appeal. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Frank Steinhauser Robert McClay Karen Collings 1 9���a/ Yeas Na s Absent Blakey � Coleman � Harris ✓ Benanav f Reiter ✓ Bostrom � Lantry ✓ � O 1 2 3 4 S 6 7 3 Adopted by Council: Date 1" � Ado Uon C fied b Council Se����Y D By: p � -_._y � v- � -! l Approved by Mayor: �� Requested by Department of: � Form Approved by City Attorney [� Approved by Mayor for Submission to Council � 2 City Council Offices Dan Bostrom, 266-8660 TOTAL # OF SIGNATURE PAGES ���,�� 4J30/98 I/IIMBER FOR ROUTINfi ORDER GREEN SHEET � 9�%��� r,o 60884 wiauo�e. ancowa. ❑ CRYAITOPIEY ❑ ERYpatK � ❑ f1NMCJ1ILlEYVIGEfOYt ❑ AMNWLtEIN/ACCT6 ❑ WioltlGtAaLSIaHr) ❑ {CLlP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer £or Property Code Appeals at the' April 21, 1998 meeting for the following addresses: 503 Cleveland Avenue North; 118 Litchfield Street; 1320, 1326, 1336 Mississippi Street; 56 Cook Avenue West. PLANNING CAMMISSION Ci6 COMMITTEE CIVtL SERYICE COMMISSION RSONAL SEItVlCE CONiFACTS MUST ANSWER TNE PoLLO WING QUESiIONSf Has this persoMrrm everwaked under a con7act fa Mis deparfinent'7 � YES NO Has mie perBaNfimt ever been a city empbyse9 � YES NO ooes mis cersoNfirm a� a slon not rwrmalryr+�ssed cr a�v qmem citv emWoyeea YES NO Is this pe��sarfiim a tarpMed ve�xkYl � YES NO ,{e �,+ y,� n p &N�,i�LdS T:t�.�':�`•V;i 4�: +dC ��� � �� �g� �n:r.��y.� OF 7RANSAC710N S SOURCE COSTRtEVENUE BUDf3ETED I�RCLE ON� YES ACTNYiY NUMBER NO FlNANCIAL INFORM4710N (IXPINN) 9'� 37s� MINLTTES OF Tf� PROPERTY CODE ENFORCEMENT MEETING Apri121, 1998 Room 330, Ciry Hall Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: Tom LeClair, License, Inspections, Environmental Protection; Philip Owens, Fire Prevention; Maynazd Vinge, Public Heaith Gerry Strathman cailed the meeting to order at 128 pm. Note: AI1 addresses aze laid over to the May 6 City Council meeflng for apptoval except for 2121 Douglynn I,ane which is laid over to the Apri129 City Council meeting. 503 Cleveland Avenue North (Rescheduled from Apri17) Judd Fulford, owner, and Richard Johnson appeazed. Richard Johnson stated he wanted to get approval for a mentoring program. The Fire Deparhnent specified no automotive repairs on the properiy. Mr. Johnson is asking to be allowed to do light duty mentoring training. This would be on their own vehicles. Mr. Johnson presented a booklet containing his plans. Gerry Strathman asked are there any of the items on the DeficiencylCorrection List that have not been taken care of. Judd Fulford responded part of #5 wlth deals with the electrical panel would be a hardship to conect. Richard Johnson responded #2 which is for obtaining a business license and #3 which is for changing the occupancy have not been done. Mr. Fulford stated he does not want this to be a service station. Philip Owens reported this is the most information he has received. It has been difficult to ascertain what the owner will actually do. Even the Saint Paul Technical College and the high schoois aze repair gazages and must meet the fire and building code requirements for those occupancies. Gerry Strathman asked what would the building be if the corrections were all resolved. Philip Owens responded it wouid meet the requirements for a service garage. For a setvice garage there is an exchange of minor parts without significant tearing down ar rebuilding of major components and no major cutting. Richard 7okmson stated there would be no welding, cutting, uil changes, nor carburetor work on the premises. Gerry Strathman asked about the electrical panel and is it difficult to access. Philip Owens responded it is not difficult to access according to the inspector. The mezzanine is low and there is physical contact, which is the reason for a conduit. Also, it is not properly installed, therefore it may have been done without benefit of pernut or inspec6on initially. 7udd Fulford responded he took out all proper building pernuts including electricai. The balcony was installed by a tenant without pemrission. It has since been inspected, signed off, and upgraded to the standards required. Philip Owens stated he is concerned about the change of occupancy in Conection #3. Gerry Strathman asked what is the concern about changing the occupancy to a service facility. Judd Fulford responded he does not want it to be a repair facility because he is afraid what will happen I8-3 7fl PROPERTY CODE ENPORCEMENT MINLJ1`ES OF 4-21-98 Page 2 and it is not adequately protected in the lease. He is looking for an exemprion ar a waiver. He does not want the designation and to have it subject to different ttungs under a new set of codes. Mr. Strathman stated the building is what it is. If the conection list is taken caze of, he will get the change of occupancy. Richazd Johnson stated he is concemed about the heat exchanger. Philip Owens responded if a change of occupancy is done, the heat exchanger will be required. If the building is going to be a service gazage, then a ventilation and makeup air is not needed. Gerry Strathman granted a variance with respect to the electrical wiring behind the mezzanine and conduits if the owner wants it to be a service station and given the representation that everything is taken care of except #5. However, if the owner does not want to change the occupancy, then it can be called and used as a warehouse. If service type work is going to be done, the owner will have to say it is a service station, and it will have to meet those requirements. The City cannot be party to pretending the building is something that it is not. 118 Litchfield Street No one appeared; Crerry Siraffiman denied the appeal. 1320.1326,1336 Mississinpi 5treet No one appeazed; Gerry Strathman denied the appeai. 56 Cook Avenue West Kurtis Berg, Southem Minnesota Regional Lega1 Services, represenring Kazen Collings, appeazed and stated the owner Randy Greger had tried to evict Ms. Collings. It went to court and Ms. Collings was returned $300 of her rent and gave Mr. Greger time to make repairs. There was a correction notice at the time. In court, Mr. Greger represented that he had a$12,000 loan to make repairs. He lost at the proceedings. Mr. Berg feels that Mr. Greger decided not to make the repairs, have the properiy condemned, and get Ms. Collings out of the building that way. There is a tenant remedies action that will be heard on Apri123. Mr. Greger may be ordered to make the repairs. Ms. Collings lives in the upstairs unit and has offered to make some repairs so she can live there. Mr. Greger told her that she could not do that. There is a front and rear door missing. Ms. Collings was willing to put them on, but Mr. Greger refused to let her do it. Mr. Berg is asking for an extension or appeal to give the court a chance to handle this. Randy Greger stated he plans to redo the residence as a singie family home. He has tbe money coming and it should be here by the eazly part of next week. Karen Collings' family gets into arguments ail the time. Maynazd Vinge, inspector, appeazed and stated the violations speak for themselves. The floors and bathroom azeas would be di�cult to clean. The walls aze deteriorating in the bathroom. The electrical service needs work. The smoke detector should be properly installed. This is a single 98-3 � Y PROPERTY CODE ENFORCEMENT MINUTES OF 4-21-98 Page 3 family building and is listed as such. At one tune it was a duplex and was deconverted. If it can be brought back to a duplex, that would be a zoning issue and not something Mr. Vinge's department deals with. The person on the First F1oor has created most of the problems and then left. Tfris put a 1ot of estrangements betcveen the tenants and the landlord, which Mr. Vinge cannot address. As far as the building itself, if certain things are not done, it will be condemned. Gerry Strathman asked is the building unfit for human habitation. Mr. Vinge responded yes. Gerry Strathman denied the appeal based on Maynard Vinge's representation. The deficiencies are serious and more than just cosmetic. This decision will not be final until May 6 when it appeazs before the Council, therefore there will be ample time for the court to make decisions with respect to this properiy. The tenants will not be ret�uired to vacate the building until after the City Council approves this order. Mr. Stratiunan suggested Kurtis Berg agpear at the City Council. 2121 Dou2lvnn Lane David and Susan Wesely, owners, appeazed. David Wesely stated a year ago, they purchased a wooded piece of property. He taiked to neighbors about the property before buying it and discussed his plans for building on it. The Weselys set out to construct there. There were some situations with respect to the 1and because of the forry foot setback required for the river bluffs. The Weselys knew if they wanted to build there they would need a vaziance for the forty foot setback requirement. They warked with Kady Dadlez and Tom Beach in Zoning and repeatedly revised their plans. The Weselys went over a series of public hearings. Finally, the Zoning Commission granted a variance to a11ow building the structure witivn the 40 foot bluff setback. David Wesely stated they got the permit in May and were ready to construct. The land was cleared and they cut down the agreed upon trees specified in the tree plan. The foundafion was built and ready for installation. Zoning called and said the sepric plan had never been seen by the conect people in Zoning. The pernut was canceled. The lot has been purchased and lot of money has been spent. $17,000 of pre-fabricated foundation has been purchased. Mr. Wesely is asking far a variance with respect to the septic. Gerry Strathman asked what part of the sepric system will be in the 40 foot sepric zone. Tom Leclair responded the whole thing. Gerry Strathman stated some of the issues he has read about in the conespondence he has received concerning this matter deal with protecting the river corridor. He asked when the sepric system is installed, wiil it be seen, will it be more susceptibie to erosion, and in what way will the bluff be changed. Jeff Childers, Tripie AAA Pollufion, appeazed and responded the grades will be retumed to their slopes and contours. Once the ground cover is broken, it is open to erosion. There are products to minimize that. If the products are used properly, the area will regain iY s ground cover and stability. What is making the soil stable right now is dead fall and leaves, the blanket of muich that is created � � .� PROPERTY CODE ENFORCEMENT MINUTES OF 4-21-98 Page 4 from the trees. That will come back naturally because the oak trees as still there. The ground needs to be stabilized long enough for that to regain itself. About 900 feet of this product has been used for this purpose. Aan McGuiness, 2160 Ogden Avenue, appeared and stated he was the chair for the Highwood Task Force that developed the land use small area plan for the Highwood neighborhood. He is also a neighbor to this parcel. The Highwood Plan was adopted by the City Council in 1991. It has limitations about building slopes in the river corridor and also has a tree protecuon ordinance. The design of the house and the location of the house and the sepric system on the lot should be designed to meet the 40 foot setback from the bluff. Granting a variance to the street setback would be preferable. The river corridor regulations should be upheid. A septic system and drain field could damage the roots of the trees and hasten the onset of oak wilt disease. Mr. McGuiness' property could be damaged as well. Tom I,eClair, License, Inspec6ons, Environmental Protection, appeared and stated the trenches are located on a 25% downslope. Research has been done on the stability of the slope. The soil is receprive to these trenches. Mr. L.eCiair talked to Jeff Childers about the gravelless system and Mr. Childers stated he had installed many of these. Mr. L.eClair stated he and others from his office looked at the site this moming and noticed extended erosion on the west boundary of the site. The ground have very little ground cover. The soil is fragile and unstable. Gerry Strathman asked what is causing the erosion and it is natural or precipitated in some way. Mr. LeClair responded the slope and lack of ground cover is causing the erosion. Two different gulieys were looked at. Some rods were stuck in the ground to stabilize it. To the west side, there is a riwlet. It is big enough for two cars. With grading changes, maybe it can be eliminated. David Wesely stated the original plan showed a lazge wash out area on th� west boundary that Tom LeClair talked about is b1g enough for two cars. The neighbor on that sade says that has been there a long time. Douglynn and Winthrop streets act as drain gutters far the entire neighborhood. A lot of engineering time bas been spent discussing various ways to control all the run off and taking care of that drainage. The erosion area is another piece of runoff from Douglynn. There is a asphalt curbing that was installed on Douglynn and an intentional drain gap was left on that, which diverted some of the water before it reached the property. It has cut a nice channel across the flats above, which is now largely obscured by the results of al1 the tree cutting and such. It then heads down the steep slope, down across the rest of their property, heading straight north, and down across Dan McGuiness' property. Mr. McGuiness is the one who put in the stakes in order to prevent the run off. The Weselys propose to prevent that problem by building a house across it, which would guarantee that none of the water from Douglynn can get through the entire house and down that channel. David Wesely stated they had looked at the prospect of installing a septic field on the upper portion of the property, but ran into two difficulties: 1) there is no place for suitable soil that is less than 40 feet from the top of the bluff, 2) although there is enough room to put in a septic field, the Weselys were told they had to have a backup plan if there was a failure in that septic �ield. There is not room on the flats so the Waselys still would have to get approval to have y8 �7g PROPERTY CODE ENFORCEMENT MINUTBS OF 4-21-98 Page 5 something located on the slope. It seemed reasonable to get the thing approved as it stands. Jeff Childers stated the major issue is the erosion. The house is below this. Tf it already eroding now and they make it better, there will be an improvement. Gerry Strathman noted that he has received letters from the National Park Service Department of the Interior, Minnesota Department of Natural Resources, District 1 Community Council, and Dan McGuiness all objecting to the granting of a variance. Mr. McGuiness aiso sent a copy of the Highwood Plan. The objection letters all seem to evolve around changing the appearance of the bluff and hauing to do with creating erosion. The Ciry has some responsibility here. A variance has been granted for a structure to be built. It is not here for discussion today, but it is a fact. Pernuts were issued. Construction was begun and it seems that the City at this stage, barring a catastrophic effect on the bluff and a health and welfare danger, does have some responsibility to the landowner. Gerry Strathman granted the vaziance to the forty foot set back requirement with respect to the septic system. Also, the property owner is required to take every reasonabls step to preserve, return, and maintain the bluff as close to iYs natural state as possible. David Wesely stated there aze some financial arrangements relative to this issue and approval at the Mazch 5 Caty Council meeting may be too late. Mr. Strathman scheduled this for the City Council agenda on Apri129. The meeting was adjourned at 2:36 p.m. Council File # y� 7� Green Sheet # 60884 rresenrea Refesed To Committee Daze 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the Apri121, 1998 2 decision of the Legislafive Hearing Officer: 3 Pzoperiy Appealed 4 503 Cleveland Avenue North (Rescheduled from Aprii 7) A�pellant Judd Fulford 5 Decision: I.egislative Hearing Officer granted a variance with respect to the electrical wiring behind the mezzanine and 6 conduits if the owner wants it to be a service station. However, if the owner does not want to change the occupancy, 7 then it can be called and used as a warehouse. 0 � 11$ Litchfield Street Decision: Legislative Hearing Officer denied the appeal. 10 1320,1326,1336 Mississiuni Street 11 Decision: Legislarive Heating Officer denied the appeal. 12 56 Cook Avenue West l3 Decision: L.egislative Hearing O�cer denied the appeal. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Frank Steinhauser Robert McClay Karen Collings 1 9���a/ Yeas Na s Absent Blakey � Coleman � Harris ✓ Benanav f Reiter ✓ Bostrom � Lantry ✓ � O 1 2 3 4 S 6 7 3 Adopted by Council: Date 1" � Ado Uon C fied b Council Se����Y D By: p � -_._y � v- � -! l Approved by Mayor: �� Requested by Department of: � Form Approved by City Attorney [� Approved by Mayor for Submission to Council � 2 City Council Offices Dan Bostrom, 266-8660 TOTAL # OF SIGNATURE PAGES ���,�� 4J30/98 I/IIMBER FOR ROUTINfi ORDER GREEN SHEET � 9�%��� r,o 60884 wiauo�e. ancowa. ❑ CRYAITOPIEY ❑ ERYpatK � ❑ f1NMCJ1ILlEYVIGEfOYt ❑ AMNWLtEIN/ACCT6 ❑ WioltlGtAaLSIaHr) ❑ {CLlP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer £or Property Code Appeals at the' April 21, 1998 meeting for the following addresses: 503 Cleveland Avenue North; 118 Litchfield Street; 1320, 1326, 1336 Mississippi Street; 56 Cook Avenue West. PLANNING CAMMISSION Ci6 COMMITTEE CIVtL SERYICE COMMISSION RSONAL SEItVlCE CONiFACTS MUST ANSWER TNE PoLLO WING QUESiIONSf Has this persoMrrm everwaked under a con7act fa Mis deparfinent'7 � YES NO Has mie perBaNfimt ever been a city empbyse9 � YES NO ooes mis cersoNfirm a� a slon not rwrmalryr+�ssed cr a�v qmem citv emWoyeea YES NO Is this pe��sarfiim a tarpMed ve�xkYl � YES NO ,{e �,+ y,� n p &N�,i�LdS T:t�.�':�`•V;i 4�: +dC ��� � �� �g� �n:r.��y.� OF 7RANSAC710N S SOURCE COSTRtEVENUE BUDf3ETED I�RCLE ON� YES ACTNYiY NUMBER NO FlNANCIAL INFORM4710N (IXPINN) 9'� 37s� MINLTTES OF Tf� PROPERTY CODE ENFORCEMENT MEETING Apri121, 1998 Room 330, Ciry Hall Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: Tom LeClair, License, Inspections, Environmental Protection; Philip Owens, Fire Prevention; Maynazd Vinge, Public Heaith Gerry Strathman cailed the meeting to order at 128 pm. Note: AI1 addresses aze laid over to the May 6 City Council meeflng for apptoval except for 2121 Douglynn I,ane which is laid over to the Apri129 City Council meeting. 503 Cleveland Avenue North (Rescheduled from Apri17) Judd Fulford, owner, and Richard Johnson appeazed. Richard Johnson stated he wanted to get approval for a mentoring program. The Fire Deparhnent specified no automotive repairs on the properiy. Mr. Johnson is asking to be allowed to do light duty mentoring training. This would be on their own vehicles. Mr. Johnson presented a booklet containing his plans. Gerry Strathman asked are there any of the items on the DeficiencylCorrection List that have not been taken care of. Judd Fulford responded part of #5 wlth deals with the electrical panel would be a hardship to conect. Richard Johnson responded #2 which is for obtaining a business license and #3 which is for changing the occupancy have not been done. Mr. Fulford stated he does not want this to be a service station. Philip Owens reported this is the most information he has received. It has been difficult to ascertain what the owner will actually do. Even the Saint Paul Technical College and the high schoois aze repair gazages and must meet the fire and building code requirements for those occupancies. Gerry Strathman asked what would the building be if the corrections were all resolved. Philip Owens responded it wouid meet the requirements for a service garage. For a setvice garage there is an exchange of minor parts without significant tearing down ar rebuilding of major components and no major cutting. Richard 7okmson stated there would be no welding, cutting, uil changes, nor carburetor work on the premises. Gerry Strathman asked about the electrical panel and is it difficult to access. Philip Owens responded it is not difficult to access according to the inspector. The mezzanine is low and there is physical contact, which is the reason for a conduit. Also, it is not properly installed, therefore it may have been done without benefit of pernut or inspec6on initially. 7udd Fulford responded he took out all proper building pernuts including electricai. The balcony was installed by a tenant without pemrission. It has since been inspected, signed off, and upgraded to the standards required. Philip Owens stated he is concerned about the change of occupancy in Conection #3. Gerry Strathman asked what is the concern about changing the occupancy to a service facility. Judd Fulford responded he does not want it to be a repair facility because he is afraid what will happen I8-3 7fl PROPERTY CODE ENPORCEMENT MINLJ1`ES OF 4-21-98 Page 2 and it is not adequately protected in the lease. He is looking for an exemprion ar a waiver. He does not want the designation and to have it subject to different ttungs under a new set of codes. Mr. Strathman stated the building is what it is. If the conection list is taken caze of, he will get the change of occupancy. Richazd Johnson stated he is concemed about the heat exchanger. Philip Owens responded if a change of occupancy is done, the heat exchanger will be required. If the building is going to be a service gazage, then a ventilation and makeup air is not needed. Gerry Strathman granted a variance with respect to the electrical wiring behind the mezzanine and conduits if the owner wants it to be a service station and given the representation that everything is taken care of except #5. However, if the owner does not want to change the occupancy, then it can be called and used as a warehouse. If service type work is going to be done, the owner will have to say it is a service station, and it will have to meet those requirements. The City cannot be party to pretending the building is something that it is not. 118 Litchfield Street No one appeared; Crerry Siraffiman denied the appeal. 1320.1326,1336 Mississinpi 5treet No one appeazed; Gerry Strathman denied the appeai. 56 Cook Avenue West Kurtis Berg, Southem Minnesota Regional Lega1 Services, represenring Kazen Collings, appeazed and stated the owner Randy Greger had tried to evict Ms. Collings. It went to court and Ms. Collings was returned $300 of her rent and gave Mr. Greger time to make repairs. There was a correction notice at the time. In court, Mr. Greger represented that he had a$12,000 loan to make repairs. He lost at the proceedings. Mr. Berg feels that Mr. Greger decided not to make the repairs, have the properiy condemned, and get Ms. Collings out of the building that way. There is a tenant remedies action that will be heard on Apri123. Mr. Greger may be ordered to make the repairs. Ms. Collings lives in the upstairs unit and has offered to make some repairs so she can live there. Mr. Greger told her that she could not do that. There is a front and rear door missing. Ms. Collings was willing to put them on, but Mr. Greger refused to let her do it. Mr. Berg is asking for an extension or appeal to give the court a chance to handle this. Randy Greger stated he plans to redo the residence as a singie family home. He has tbe money coming and it should be here by the eazly part of next week. Karen Collings' family gets into arguments ail the time. Maynazd Vinge, inspector, appeazed and stated the violations speak for themselves. The floors and bathroom azeas would be di�cult to clean. The walls aze deteriorating in the bathroom. The electrical service needs work. The smoke detector should be properly installed. This is a single 98-3 � Y PROPERTY CODE ENFORCEMENT MINUTES OF 4-21-98 Page 3 family building and is listed as such. At one tune it was a duplex and was deconverted. If it can be brought back to a duplex, that would be a zoning issue and not something Mr. Vinge's department deals with. The person on the First F1oor has created most of the problems and then left. Tfris put a 1ot of estrangements betcveen the tenants and the landlord, which Mr. Vinge cannot address. As far as the building itself, if certain things are not done, it will be condemned. Gerry Strathman asked is the building unfit for human habitation. Mr. Vinge responded yes. Gerry Strathman denied the appeal based on Maynard Vinge's representation. The deficiencies are serious and more than just cosmetic. This decision will not be final until May 6 when it appeazs before the Council, therefore there will be ample time for the court to make decisions with respect to this properiy. The tenants will not be ret�uired to vacate the building until after the City Council approves this order. Mr. Stratiunan suggested Kurtis Berg agpear at the City Council. 2121 Dou2lvnn Lane David and Susan Wesely, owners, appeazed. David Wesely stated a year ago, they purchased a wooded piece of property. He taiked to neighbors about the property before buying it and discussed his plans for building on it. The Weselys set out to construct there. There were some situations with respect to the 1and because of the forry foot setback required for the river bluffs. The Weselys knew if they wanted to build there they would need a vaziance for the forty foot setback requirement. They warked with Kady Dadlez and Tom Beach in Zoning and repeatedly revised their plans. The Weselys went over a series of public hearings. Finally, the Zoning Commission granted a variance to a11ow building the structure witivn the 40 foot bluff setback. David Wesely stated they got the permit in May and were ready to construct. The land was cleared and they cut down the agreed upon trees specified in the tree plan. The foundafion was built and ready for installation. Zoning called and said the sepric plan had never been seen by the conect people in Zoning. The pernut was canceled. The lot has been purchased and lot of money has been spent. $17,000 of pre-fabricated foundation has been purchased. Mr. Wesely is asking far a variance with respect to the septic. Gerry Strathman asked what part of the sepric system will be in the 40 foot sepric zone. Tom Leclair responded the whole thing. Gerry Strathman stated some of the issues he has read about in the conespondence he has received concerning this matter deal with protecting the river corridor. He asked when the sepric system is installed, wiil it be seen, will it be more susceptibie to erosion, and in what way will the bluff be changed. Jeff Childers, Tripie AAA Pollufion, appeazed and responded the grades will be retumed to their slopes and contours. Once the ground cover is broken, it is open to erosion. There are products to minimize that. If the products are used properly, the area will regain iY s ground cover and stability. What is making the soil stable right now is dead fall and leaves, the blanket of muich that is created � � .� PROPERTY CODE ENFORCEMENT MINUTES OF 4-21-98 Page 4 from the trees. That will come back naturally because the oak trees as still there. The ground needs to be stabilized long enough for that to regain itself. About 900 feet of this product has been used for this purpose. Aan McGuiness, 2160 Ogden Avenue, appeared and stated he was the chair for the Highwood Task Force that developed the land use small area plan for the Highwood neighborhood. He is also a neighbor to this parcel. The Highwood Plan was adopted by the City Council in 1991. It has limitations about building slopes in the river corridor and also has a tree protecuon ordinance. The design of the house and the location of the house and the sepric system on the lot should be designed to meet the 40 foot setback from the bluff. Granting a variance to the street setback would be preferable. The river corridor regulations should be upheid. A septic system and drain field could damage the roots of the trees and hasten the onset of oak wilt disease. Mr. McGuiness' property could be damaged as well. Tom I,eClair, License, Inspec6ons, Environmental Protection, appeared and stated the trenches are located on a 25% downslope. Research has been done on the stability of the slope. The soil is receprive to these trenches. Mr. L.eCiair talked to Jeff Childers about the gravelless system and Mr. Childers stated he had installed many of these. Mr. L.eClair stated he and others from his office looked at the site this moming and noticed extended erosion on the west boundary of the site. The ground have very little ground cover. The soil is fragile and unstable. Gerry Strathman asked what is causing the erosion and it is natural or precipitated in some way. Mr. LeClair responded the slope and lack of ground cover is causing the erosion. Two different gulieys were looked at. Some rods were stuck in the ground to stabilize it. To the west side, there is a riwlet. It is big enough for two cars. With grading changes, maybe it can be eliminated. David Wesely stated the original plan showed a lazge wash out area on th� west boundary that Tom LeClair talked about is b1g enough for two cars. The neighbor on that sade says that has been there a long time. Douglynn and Winthrop streets act as drain gutters far the entire neighborhood. A lot of engineering time bas been spent discussing various ways to control all the run off and taking care of that drainage. The erosion area is another piece of runoff from Douglynn. There is a asphalt curbing that was installed on Douglynn and an intentional drain gap was left on that, which diverted some of the water before it reached the property. It has cut a nice channel across the flats above, which is now largely obscured by the results of al1 the tree cutting and such. It then heads down the steep slope, down across the rest of their property, heading straight north, and down across Dan McGuiness' property. Mr. McGuiness is the one who put in the stakes in order to prevent the run off. The Weselys propose to prevent that problem by building a house across it, which would guarantee that none of the water from Douglynn can get through the entire house and down that channel. David Wesely stated they had looked at the prospect of installing a septic field on the upper portion of the property, but ran into two difficulties: 1) there is no place for suitable soil that is less than 40 feet from the top of the bluff, 2) although there is enough room to put in a septic field, the Weselys were told they had to have a backup plan if there was a failure in that septic �ield. There is not room on the flats so the Waselys still would have to get approval to have y8 �7g PROPERTY CODE ENFORCEMENT MINUTBS OF 4-21-98 Page 5 something located on the slope. It seemed reasonable to get the thing approved as it stands. Jeff Childers stated the major issue is the erosion. The house is below this. Tf it already eroding now and they make it better, there will be an improvement. Gerry Strathman noted that he has received letters from the National Park Service Department of the Interior, Minnesota Department of Natural Resources, District 1 Community Council, and Dan McGuiness all objecting to the granting of a variance. Mr. McGuiness aiso sent a copy of the Highwood Plan. The objection letters all seem to evolve around changing the appearance of the bluff and hauing to do with creating erosion. The Ciry has some responsibility here. A variance has been granted for a structure to be built. It is not here for discussion today, but it is a fact. Pernuts were issued. Construction was begun and it seems that the City at this stage, barring a catastrophic effect on the bluff and a health and welfare danger, does have some responsibility to the landowner. Gerry Strathman granted the vaziance to the forty foot set back requirement with respect to the septic system. Also, the property owner is required to take every reasonabls step to preserve, return, and maintain the bluff as close to iYs natural state as possible. David Wesely stated there aze some financial arrangements relative to this issue and approval at the Mazch 5 Caty Council meeting may be too late. Mr. Strathman scheduled this for the City Council agenda on Apri129. The meeting was adjourned at 2:36 p.m. Council File # y� 7� Green Sheet # 60884 rresenrea Refesed To Committee Daze 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the Apri121, 1998 2 decision of the Legislafive Hearing Officer: 3 Pzoperiy Appealed 4 503 Cleveland Avenue North (Rescheduled from Aprii 7) A�pellant Judd Fulford 5 Decision: I.egislative Hearing Officer granted a variance with respect to the electrical wiring behind the mezzanine and 6 conduits if the owner wants it to be a service station. However, if the owner does not want to change the occupancy, 7 then it can be called and used as a warehouse. 0 � 11$ Litchfield Street Decision: Legislative Hearing Officer denied the appeal. 10 1320,1326,1336 Mississiuni Street 11 Decision: Legislarive Heating Officer denied the appeal. 12 56 Cook Avenue West l3 Decision: L.egislative Hearing O�cer denied the appeal. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Frank Steinhauser Robert McClay Karen Collings 1 9���a/ Yeas Na s Absent Blakey � Coleman � Harris ✓ Benanav f Reiter ✓ Bostrom � Lantry ✓ � O 1 2 3 4 S 6 7 3 Adopted by Council: Date 1" � Ado Uon C fied b Council Se����Y D By: p � -_._y � v- � -! l Approved by Mayor: �� Requested by Department of: � Form Approved by City Attorney [� Approved by Mayor for Submission to Council � 2 City Council Offices Dan Bostrom, 266-8660 TOTAL # OF SIGNATURE PAGES ���,�� 4J30/98 I/IIMBER FOR ROUTINfi ORDER GREEN SHEET � 9�%��� r,o 60884 wiauo�e. ancowa. ❑ CRYAITOPIEY ❑ ERYpatK � ❑ f1NMCJ1ILlEYVIGEfOYt ❑ AMNWLtEIN/ACCT6 ❑ WioltlGtAaLSIaHr) ❑ {CLlP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer £or Property Code Appeals at the' April 21, 1998 meeting for the following addresses: 503 Cleveland Avenue North; 118 Litchfield Street; 1320, 1326, 1336 Mississippi Street; 56 Cook Avenue West. PLANNING CAMMISSION Ci6 COMMITTEE CIVtL SERYICE COMMISSION RSONAL SEItVlCE CONiFACTS MUST ANSWER TNE PoLLO WING QUESiIONSf Has this persoMrrm everwaked under a con7act fa Mis deparfinent'7 � YES NO Has mie perBaNfimt ever been a city empbyse9 � YES NO ooes mis cersoNfirm a� a slon not rwrmalryr+�ssed cr a�v qmem citv emWoyeea YES NO Is this pe��sarfiim a tarpMed ve�xkYl � YES NO ,{e �,+ y,� n p &N�,i�LdS T:t�.�':�`•V;i 4�: +dC ��� � �� �g� �n:r.��y.� OF 7RANSAC710N S SOURCE COSTRtEVENUE BUDf3ETED I�RCLE ON� YES ACTNYiY NUMBER NO FlNANCIAL INFORM4710N (IXPINN) 9'� 37s� MINLTTES OF Tf� PROPERTY CODE ENFORCEMENT MEETING Apri121, 1998 Room 330, Ciry Hall Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: Tom LeClair, License, Inspections, Environmental Protection; Philip Owens, Fire Prevention; Maynazd Vinge, Public Heaith Gerry Strathman cailed the meeting to order at 128 pm. Note: AI1 addresses aze laid over to the May 6 City Council meeflng for apptoval except for 2121 Douglynn I,ane which is laid over to the Apri129 City Council meeting. 503 Cleveland Avenue North (Rescheduled from Apri17) Judd Fulford, owner, and Richard Johnson appeazed. Richard Johnson stated he wanted to get approval for a mentoring program. The Fire Deparhnent specified no automotive repairs on the properiy. Mr. Johnson is asking to be allowed to do light duty mentoring training. This would be on their own vehicles. Mr. Johnson presented a booklet containing his plans. Gerry Strathman asked are there any of the items on the DeficiencylCorrection List that have not been taken care of. Judd Fulford responded part of #5 wlth deals with the electrical panel would be a hardship to conect. Richard Johnson responded #2 which is for obtaining a business license and #3 which is for changing the occupancy have not been done. Mr. Fulford stated he does not want this to be a service station. Philip Owens reported this is the most information he has received. It has been difficult to ascertain what the owner will actually do. Even the Saint Paul Technical College and the high schoois aze repair gazages and must meet the fire and building code requirements for those occupancies. Gerry Strathman asked what would the building be if the corrections were all resolved. Philip Owens responded it wouid meet the requirements for a service garage. For a setvice garage there is an exchange of minor parts without significant tearing down ar rebuilding of major components and no major cutting. Richard 7okmson stated there would be no welding, cutting, uil changes, nor carburetor work on the premises. Gerry Strathman asked about the electrical panel and is it difficult to access. Philip Owens responded it is not difficult to access according to the inspector. The mezzanine is low and there is physical contact, which is the reason for a conduit. Also, it is not properly installed, therefore it may have been done without benefit of pernut or inspec6on initially. 7udd Fulford responded he took out all proper building pernuts including electricai. The balcony was installed by a tenant without pemrission. It has since been inspected, signed off, and upgraded to the standards required. Philip Owens stated he is concerned about the change of occupancy in Conection #3. Gerry Strathman asked what is the concern about changing the occupancy to a service facility. Judd Fulford responded he does not want it to be a repair facility because he is afraid what will happen I8-3 7fl PROPERTY CODE ENPORCEMENT MINLJ1`ES OF 4-21-98 Page 2 and it is not adequately protected in the lease. He is looking for an exemprion ar a waiver. He does not want the designation and to have it subject to different ttungs under a new set of codes. Mr. Strathman stated the building is what it is. If the conection list is taken caze of, he will get the change of occupancy. Richazd Johnson stated he is concemed about the heat exchanger. Philip Owens responded if a change of occupancy is done, the heat exchanger will be required. If the building is going to be a service gazage, then a ventilation and makeup air is not needed. Gerry Strathman granted a variance with respect to the electrical wiring behind the mezzanine and conduits if the owner wants it to be a service station and given the representation that everything is taken care of except #5. However, if the owner does not want to change the occupancy, then it can be called and used as a warehouse. If service type work is going to be done, the owner will have to say it is a service station, and it will have to meet those requirements. The City cannot be party to pretending the building is something that it is not. 118 Litchfield Street No one appeared; Crerry Siraffiman denied the appeal. 1320.1326,1336 Mississinpi 5treet No one appeazed; Gerry Strathman denied the appeai. 56 Cook Avenue West Kurtis Berg, Southem Minnesota Regional Lega1 Services, represenring Kazen Collings, appeazed and stated the owner Randy Greger had tried to evict Ms. Collings. It went to court and Ms. Collings was returned $300 of her rent and gave Mr. Greger time to make repairs. There was a correction notice at the time. In court, Mr. Greger represented that he had a$12,000 loan to make repairs. He lost at the proceedings. Mr. Berg feels that Mr. Greger decided not to make the repairs, have the properiy condemned, and get Ms. Collings out of the building that way. There is a tenant remedies action that will be heard on Apri123. Mr. Greger may be ordered to make the repairs. Ms. Collings lives in the upstairs unit and has offered to make some repairs so she can live there. Mr. Greger told her that she could not do that. There is a front and rear door missing. Ms. Collings was willing to put them on, but Mr. Greger refused to let her do it. Mr. Berg is asking for an extension or appeal to give the court a chance to handle this. Randy Greger stated he plans to redo the residence as a singie family home. He has tbe money coming and it should be here by the eazly part of next week. Karen Collings' family gets into arguments ail the time. Maynazd Vinge, inspector, appeazed and stated the violations speak for themselves. The floors and bathroom azeas would be di�cult to clean. The walls aze deteriorating in the bathroom. The electrical service needs work. The smoke detector should be properly installed. This is a single 98-3 � Y PROPERTY CODE ENFORCEMENT MINUTES OF 4-21-98 Page 3 family building and is listed as such. At one tune it was a duplex and was deconverted. If it can be brought back to a duplex, that would be a zoning issue and not something Mr. Vinge's department deals with. The person on the First F1oor has created most of the problems and then left. Tfris put a 1ot of estrangements betcveen the tenants and the landlord, which Mr. Vinge cannot address. As far as the building itself, if certain things are not done, it will be condemned. Gerry Strathman asked is the building unfit for human habitation. Mr. Vinge responded yes. Gerry Strathman denied the appeal based on Maynard Vinge's representation. The deficiencies are serious and more than just cosmetic. This decision will not be final until May 6 when it appeazs before the Council, therefore there will be ample time for the court to make decisions with respect to this properiy. The tenants will not be ret�uired to vacate the building until after the City Council approves this order. Mr. Stratiunan suggested Kurtis Berg agpear at the City Council. 2121 Dou2lvnn Lane David and Susan Wesely, owners, appeazed. David Wesely stated a year ago, they purchased a wooded piece of property. He taiked to neighbors about the property before buying it and discussed his plans for building on it. The Weselys set out to construct there. There were some situations with respect to the 1and because of the forry foot setback required for the river bluffs. The Weselys knew if they wanted to build there they would need a vaziance for the forty foot setback requirement. They warked with Kady Dadlez and Tom Beach in Zoning and repeatedly revised their plans. The Weselys went over a series of public hearings. Finally, the Zoning Commission granted a variance to a11ow building the structure witivn the 40 foot bluff setback. David Wesely stated they got the permit in May and were ready to construct. The land was cleared and they cut down the agreed upon trees specified in the tree plan. The foundafion was built and ready for installation. Zoning called and said the sepric plan had never been seen by the conect people in Zoning. The pernut was canceled. The lot has been purchased and lot of money has been spent. $17,000 of pre-fabricated foundation has been purchased. Mr. Wesely is asking far a variance with respect to the septic. Gerry Strathman asked what part of the sepric system will be in the 40 foot sepric zone. Tom Leclair responded the whole thing. Gerry Strathman stated some of the issues he has read about in the conespondence he has received concerning this matter deal with protecting the river corridor. He asked when the sepric system is installed, wiil it be seen, will it be more susceptibie to erosion, and in what way will the bluff be changed. Jeff Childers, Tripie AAA Pollufion, appeazed and responded the grades will be retumed to their slopes and contours. Once the ground cover is broken, it is open to erosion. There are products to minimize that. If the products are used properly, the area will regain iY s ground cover and stability. What is making the soil stable right now is dead fall and leaves, the blanket of muich that is created � � .� PROPERTY CODE ENFORCEMENT MINUTES OF 4-21-98 Page 4 from the trees. That will come back naturally because the oak trees as still there. The ground needs to be stabilized long enough for that to regain itself. About 900 feet of this product has been used for this purpose. Aan McGuiness, 2160 Ogden Avenue, appeared and stated he was the chair for the Highwood Task Force that developed the land use small area plan for the Highwood neighborhood. He is also a neighbor to this parcel. The Highwood Plan was adopted by the City Council in 1991. It has limitations about building slopes in the river corridor and also has a tree protecuon ordinance. The design of the house and the location of the house and the sepric system on the lot should be designed to meet the 40 foot setback from the bluff. Granting a variance to the street setback would be preferable. The river corridor regulations should be upheid. A septic system and drain field could damage the roots of the trees and hasten the onset of oak wilt disease. Mr. McGuiness' property could be damaged as well. Tom I,eClair, License, Inspec6ons, Environmental Protection, appeared and stated the trenches are located on a 25% downslope. Research has been done on the stability of the slope. The soil is receprive to these trenches. Mr. L.eCiair talked to Jeff Childers about the gravelless system and Mr. Childers stated he had installed many of these. Mr. L.eClair stated he and others from his office looked at the site this moming and noticed extended erosion on the west boundary of the site. The ground have very little ground cover. The soil is fragile and unstable. Gerry Strathman asked what is causing the erosion and it is natural or precipitated in some way. Mr. LeClair responded the slope and lack of ground cover is causing the erosion. Two different gulieys were looked at. Some rods were stuck in the ground to stabilize it. To the west side, there is a riwlet. It is big enough for two cars. With grading changes, maybe it can be eliminated. David Wesely stated the original plan showed a lazge wash out area on th� west boundary that Tom LeClair talked about is b1g enough for two cars. The neighbor on that sade says that has been there a long time. Douglynn and Winthrop streets act as drain gutters far the entire neighborhood. A lot of engineering time bas been spent discussing various ways to control all the run off and taking care of that drainage. The erosion area is another piece of runoff from Douglynn. There is a asphalt curbing that was installed on Douglynn and an intentional drain gap was left on that, which diverted some of the water before it reached the property. It has cut a nice channel across the flats above, which is now largely obscured by the results of al1 the tree cutting and such. It then heads down the steep slope, down across the rest of their property, heading straight north, and down across Dan McGuiness' property. Mr. McGuiness is the one who put in the stakes in order to prevent the run off. The Weselys propose to prevent that problem by building a house across it, which would guarantee that none of the water from Douglynn can get through the entire house and down that channel. David Wesely stated they had looked at the prospect of installing a septic field on the upper portion of the property, but ran into two difficulties: 1) there is no place for suitable soil that is less than 40 feet from the top of the bluff, 2) although there is enough room to put in a septic field, the Weselys were told they had to have a backup plan if there was a failure in that septic �ield. There is not room on the flats so the Waselys still would have to get approval to have y8 �7g PROPERTY CODE ENFORCEMENT MINUTBS OF 4-21-98 Page 5 something located on the slope. It seemed reasonable to get the thing approved as it stands. Jeff Childers stated the major issue is the erosion. The house is below this. Tf it already eroding now and they make it better, there will be an improvement. Gerry Strathman noted that he has received letters from the National Park Service Department of the Interior, Minnesota Department of Natural Resources, District 1 Community Council, and Dan McGuiness all objecting to the granting of a variance. Mr. McGuiness aiso sent a copy of the Highwood Plan. The objection letters all seem to evolve around changing the appearance of the bluff and hauing to do with creating erosion. The Ciry has some responsibility here. A variance has been granted for a structure to be built. It is not here for discussion today, but it is a fact. Pernuts were issued. Construction was begun and it seems that the City at this stage, barring a catastrophic effect on the bluff and a health and welfare danger, does have some responsibility to the landowner. Gerry Strathman granted the vaziance to the forty foot set back requirement with respect to the septic system. Also, the property owner is required to take every reasonabls step to preserve, return, and maintain the bluff as close to iYs natural state as possible. David Wesely stated there aze some financial arrangements relative to this issue and approval at the Mazch 5 Caty Council meeting may be too late. Mr. Strathman scheduled this for the City Council agenda on Apri129. The meeting was adjourned at 2:36 p.m.