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File #: RES 14-1305    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 8/6/2014
Title: Denying the request for a stay of implementation of RLH VO 14-5 (ordering vacation of 328-330 NINTH STREET EAST), pending appeal.
Sponsors: Dave Thune
Attachments: 1. Temporary Restraining Order Denied, 2. 328 - 330 9th St E.Westrick Ltr to Grewing.7-1-14
Title
Denying the request for a stay of implementation of RLH VO 14-5 (ordering vacation of 328-330 NINTH STREET EAST), pending appeal.

Body
WHEREAS, by letter dated January 28, 2014, City staff determined that the Fire Certificate of Occupancy for the structure located at 328-330 9th Street East ("Schurmeier Lofts") should be revoked and the Schurmeier Lofts vacated; and
WHEREAS, that determination was properly appealed to the Legislative Hearing Officer by Mr. James Bartholow, President of the Schurmeier Lofts Home Owners Association; and
WHEREAS, after numerous hearings before the Legislative Hearing Officer and the City Council, and significant effort on the part of City officials and staff to work with owners and occupants of the Schurmeier Lofts to resolve the problems at the building without requiring it to be vacated, the Legislative Hearing Officer recommended denying Mr. Bartholow's appeal; and
WHEREAS, on April 2, 2014, by resolution RLH VO 14-5, the City Council adopted the Legislative Hearing Officer's recommendation and ordered that, unless certain conditions were met, the Schurmeier Lofts property must be vacated by June 1, 2014, for the reasons provided in the record and discussion accompanying that resolution. The Council specifically found that no part of the building can be safely occupied because of defects in certain systems that affect life safety and are shared across the entire property, and that the owners and occupants of the Schurmeier Lofts are unlikely to be able to work together to timely and fully resolve those life safety issues; and
WHEREAS, the Schurmeier Lofts property has since been transferred into the City's Vacant Building Program under Chapter 43 of the Saint Paul Legislative Code; and
WHEREAS, in accordance with Chapter 43, the Schurmeier Lofts property has been placarded and inspected by City staff to ensure that it is vacant and secured; and
WHEREAS, on June 2, 2014, Mr. Robert D. Seltz, who owns several units in the S...

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