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File #: RLH FCO 17-11    Version: Name: 853 Fairmount Avenue
Type: Resolution LH Fire C of O Status: Passed
In control: City Council
Final action: 2/15/2017
Title: Appeal of Brian D. Alton, McClay-Alton Attorneys, on behalf of Bridget and Tom Lee, to a Correction Notice-Reinspection Complaint at 853 FAIRMOUNT AVENUE.
Sponsors: Rebecca Noecker
Ward: Correction Order, Fire C of O Letter, Ward - 2
Attachments: 1. 853 Fairmount Ave.appeal.1-5-17, 2. 853 Fairmount Ave.photo.12-18-15, 3. 853 Fairmount Ave.Photo.9-22-16, 4. 853 Fairmount Ave.Photo.12-13-16, 5. 853 Fairmount Ave.Alton Ltr.1-19-17

Title

Appeal of Brian D. Alton, McClay-Alton Attorneys, on behalf of Bridget and Tom Lee, to a Correction Notice-Reinspection Complaint at 853 FAIRMOUNT AVENUE.

 

Date/Time of 1st LH:  Tuesday, January 17, 2017, 1:30 p.m.

Purpose of Appeal:  The Minnesota State Fire Code section referenced in the Deficiency List (MSFC 307.1) is not applicable to the fireplace that the owners have in their backyard.  See attached section of MSFC.  The outdoor fireplace located on the owners' property is not in violation of any municipal code requirements.

Date of Order(s) Under Appeal:  December 13, 2016

Inspector/Key Staff:  Sara Naglosky

Legislative Hearing Staff Comments:  photos attached

 

Body

WHEREAS, in the matter of the Appeal of Brian D. Alton, McClay-Alton Attorneys, on behalf of Bridget and Tom Lee, to a Correction Notice-Reinspection Complaint at 853 FAIRMOUNT AVENUE, the Legislative Hearing Officer has reviewed the appeal and considered the testimony of City staff and the appellant; and

 

WHEREAS, the Legislative Hearing Officer recommends that the City Council grant the appeal; Now, Therefore, Be It

 

RESOLVED, that the Saint Paul City Council hereby accepts and adopts the Legislative Hearing Officer's recommendation in this matter.