Title
Appeal of Linda Kohl and Nick Geng for Bigos Management/On the Park condos to a Correction Order at 380 JACKSON STREET (198 SIXTH STREET EAST). (Public hearing continued to August 2, 2023)
Date/Time of 1st LH: Tues, May 2, 2023 via telephone between 2 pm and 4 pm
Purpose of Appeal: see multi-page attachment, Bigos Management and the OTP HOA board believe that unlocking the door from the north stairwell into the lobby, as ordered by Correction Notice #86925, would dramatically increase the vulnerability of the building to intruders and severely increase potential danger to the safety of OTP residents.
Date of Order(s) Under Appeal: April 14, 2023
Inspector/Key Staff: George Niemeyer
Legislative Hearing Staff Comments: Confirmed with applicant to see which building/order appealing, indicated 380 Jackson St order. But in her statement, everything is related to 198 6th St E.
Body
AMENDED 7/12/2023
WHEREAS, in the matter of the Appeal of Linda Kohl and Nick Geng for Bigos Management/On the Park condos HOA to a Correction Order at 380 Jackson Street (198 Sixth Street East), the Legislative Hearing Officer has reviewed the appeal and considered the testimony of City staff and the appellant;
WHEREAS, the Legislative Hearing Officer finds that 1) the orders issued by the Fire Certificate of Occupancy Program are based on Fire Code provisions which also exist in the Building Code; and 2) the appellants indicate the condition in question has been in existence since the construction of the building and was approved under the Building Code in place at that time; 3) based on several meeting with the City's Building Official and the Supervisor for Commercial Building fire inspection; the Fire Certificate of Occupancy Orders are being re-issued to correctly include provisions from both the Fire Code and Building Code; and 4) the Legislative Hearing Officer is not allowed under the provisions of Saint Paul Legislative Code Chapter 18 to hear appeal of the Building Code; and
WHEREAS, the Legislative Hearing Officer's recommendation is forthcoming to refer the matter to the City's Building Official for a finding of fact and determination on the appealed matter, should the appellants wish to continue in an appeal process; Now, Therefore, Be It
RESOLVED, that the Saint Paul City Council hereby accepts and adopts the Legislative Hearing Officer's recommendation in this matter.