Fire Certificates of Occupancy
14
RLH FCO
22-127
Appeal of Matthew Byrne to a Correction Notice-Reinspection Complaint
at 884 LAUREL AVENUE.
Balenger
Sponsors:
Grant to January 3, 2023 for compliance with item 3 (to be verified by inspector), and
grant to June 1, 2023 for balance of orders.
Matthew Byrne, owner, appeared via phone
[Moermond gives background of appeals process]
Staff report by Supervisor Mitch Imbertson: the property is a 2-unit duplex in the
Certificate of Occupancy program. It has a current Certificate of Occupancy due for
renewal in 2023. We received a complaint to our office with reports of no fire
extinguisher in home and basement bedroom being rented with no egress windows.
Our inspection department went out to try to access the basement and was unable to
so, so an inspection was scheduled. There was also some information that wasn’t
included in the initial complaint, which was possible missing smokes and carbons, so
we needed access to the entire house. December 1 we were out there to look into that.
The basement had proper egress window and no concern with lack of fire extinguisher
as they aren’t required. We did find missing smoke and carbon monoxide alarms as
well as concerns as how the house was leased.
It appeared to have been split into additional units than what we were aware of. It is
best described as 3 rooming units and 2 dwelling units. 2 rooming units in basement
with shared kitchen and bathroom. One unit first floor in rear with separate door. One
larger unit in the first and second floor with a full kitchen and 4 bedrooms, and then a
separate dwelling unit on the 3rd floor. It was approved as a duplex, the first, second
and basement were one unit and the third floor was the second. Looks like on
reinspection on December 5 to confirm the smokes were put back up in basement
and third floor, which was done. Updated orders were sent out for zoning changes and
additional occupancy. We did some research on how this building was set up. It is well
documented as a duplex. It started as a single-family home and moved to this site
from down the block at 853 Laurel in 1980. 1992 there was a zoning variance given to
add a second unit which was the third-floor apartment. It was approved as a duplex on
a nonconforming lot size. A variety of permits over the years list the house as a duplex
and at least one has the owner affidavit signed saying it was a duplex. It seems clear it
was intended and used as a duplex. There was a zoning complaint in 1992 about
possible use as a triplex which was closed as unfounded at that time. Additional
complaints in 1996 and 2001 with limited notes but it appears each time they found it
legal as a duplex.
Moermond: the rooming units themselves have shared bathroom? Any other shared
facilities? And how are they separated from the other 2 units?
Imbertson: in the basement, I’m not sure how it is leased out, but based on comments
by tenants and our observations there are 2 basement units with locked doors. The
tenant present at the inspection explained he didn’t have access to the first or second
floor and he only leased in the basement. There was a shared bathroom and kitchen in
the basement.
Moermond: I looked at the zoning records yesterday and in there it looks like in 1992
Ms. Margaret Byrne applied for a zoning variance to go from a single-family home to a