Kim
Sponsors:
Reduce the assessment from $615 to $387.
Jim Barnard, owner, appeared via phone
[Moermond gives background of appeals process]
Staff report by Supervisor Der Vue: this is a commercial property with 2 separate
building on the lots. They have separate Fire Certificate of Occupancy files per
ordinance. An inspection was done of both buildings and 2 separate bills were sent
with the same amount, which is typical. One for the main building, invoiced March 31
and paid by check. The billing for garage was invoiced February 28 and it was unpaid
and sent to assessment after the final notice March 31, 2025.
Barnard: we were inspected the end of February I believe. He looked at the building,
went outside and didn’t even go in the garage, said it was a separate building. I told
him we were going to be out of town for a month beginning March 1. He said that was
fine. I’m not sure when we were invoiced the second time, my thought was I had no
idea that it was a separate bill. It says, “per statute” and I’ve asked where it is stated
and called around because a house and garage isn’t a separate address. This has no
water, electricity, it is just storage. Why would it be any different for commercial.
Someone said if it was connected to the actual building it would be one building. I’m
just wondering where this separate fee, I pay taxes on the building and I am paying
another $225 for just a garage. That’s what I don’t understand. That’s where my appeal
comes from. I need clarification that this just isn’t something that was just done at
some point because it was easier in the software. That’s what it seems like. It wasn’t a
separate inspection, it was one inspection.
Vue: chapter 40 of the code, which covers the Fire Certificate of Occupancy, this is
where it covers that all separate buildings on the same commercial lot require a
separate Fire Certificate of Occupancy.
Barnard: I did look that up. I called the Minnesota Fire Association based in St. Paul,
is that Certificate of Occupancy just in St. Paul? Because that isn’t a Minnesota thing.
Moermond: yes. The City does have a Fire Certificate of Occupancy for commercial
buildings. Ms. Vue is correct that it is in the definition of existing building. Two other
points, I Would say it is arguable about whether it is a separate use. I do know
separate standards are applied in inspections, unlike a residential property. This is two
different buildings both being used for commercial purposes. I would say that needs to
be examined closer. When you purchased the building, and I’m not sure of the
disclosures, the storage building itself I can see it had a Certificate of Occupancy in
2010, again in 2013, 2016, and 2020, now again today. It does have a significant
history of being defined as a distinct building and Certificate of Occupancy. I’m happy
to look at those definitions closer, but my initial interpretation is it is appropriately
classified as a separate building. I will review Code one more time and see if it
changes my interpretation.
Barnard: can I find out when the statute originated? Is there literature showing it was
voted and agreed upon? Where does it come from?
Moermond: you’re asking when it was grandfathered in?
Barnard: I guess it seems because we cannot point to where it says specifically it was
brought up and statue voted on on specifically. Is this a case where someone said in
the 1970’s they just added to a statute. When did we decide we were doing this?