CR 91-223 Schedule Appeal Hearinga
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October 9, 1991 P K` Council Report #91 -223
SCHEDULE APPEAL HEARING
Proposed Action.
Staff recommends approval of the following motion: Move to
schedule a hearing on November 19, 1991, at 7:30 p.m. on an
appeal of orders written to several residents of Westbrooke Patio
neighborhood.
This action is requested by these residents in accordance with
their right to appeal orders written under the Uniform Housing
Code.
overview.
As a result of inspections which were made in response to several
complaints from owners of units at the Westbrooke patio home
development, inspections personnel observed several garage door
headers that have sagged.
Inspections personnel began working with the Westbrooke Patio
Home Association who hired an engineer to look at the problem.
The engineer verified that a.problem existed with the headers and
provided design alternatives to allow,for the necessary
corrections.
The Westbrooke association maintains the position that the
headers are inside the wall of the units and, therefore, any
repairs are the responsibility of the individual unit owners.
Based on the associations position, the engineers report.and
observations by inspection personnel, orders were written to
individual owners of the units to correct the sagging headers.
The residents have exercised their right of appeal by circulating
and signing,a petition that was forwarded to the inspections
department.
Supporting nformation.
o Letter to Residents
o Letter from the engineers to Pat Graham
o Copy of petition with signatures
o Copy memo from the City Attorney
o Additional background
Tom Anderson
Building Official
C I T Y O F H O P K I N S
Date:
Name
Address
PID #
Dear:
At the end of 199o, inspections were completed on garage doors i
the Westbrooke Townhome area of Hopkins. At that time, an n
engineer was hired to 'render an opinion on selected addresses
that appeared to have failed.
Enclosed you will find ,a letter from the engineering company
defining outlining the problem and outl P e
g 2 possible solutions. The
association has informed us, "these failures will be the re
responsibility of the owners.
Your unit has been found to have a garage door header that has
failed. You are hereby ordered to repair or replace the failed
header within 60 Permits are
. da y s required and work commenced
within 60 days or the building could be posted and the Cit ma
proceed to cause -the work to be completed. y y
P You may appeal this
order in writing to the building official within 30 days
Failure to act within this time period will constitute a wa'
of all rights to'an administrative hearing, aver
If you have any questions, please feel free to contact me at
935-8474.
Sincerely yours,
Pat Graham
Building Inspector /Housing Specialist
1010 First Street South, Hopkins, Minnesota 55343 612/935- 8474
An Equal Opportunity Employer
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rite m titetstbra�Oke patio Homes ::.
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". • kb,Viquest, ; Ye ii ited the 'We �rtbrooke : Patio • Howes =in Hopkins on
�trpose. of .the,,- vieit:zrair to investigate the
of'the headers' ate the ,:addressee - :described : in the
rt �r� ,• �t 1fir Y �M i r f.�•• r ...
., .. ,�.City' Butil tih nspect6r 'to Kr.
the ` Hoaeoirner$ j Aecsociation, dated,: August 30,
rS )a} r � ! � f�•�.•i.%i�r'.•ty=y ��`. �. - ,s{ { '�•• y r•£r! ! t '
r +'� .I•,•. L �.T_Y_� ; � i = , • 4 � Cf. Z•N �.I,e,. 4 :1 ••- :
oiutd��the garage :headers ` at. the addresses in
a.;qu altrey All ;dee�tt3hgat - the:,centcir y o''the -spas` a. si nifican
8 t amount.
isieo robserveif t thee ,heade�c�c are = eupportin_g - residential decks
th ° 9 r , ^ :_Qe :The ::heads s� rhich: do-�iot :have a :deck over t
suppsr in only. a roof j' ire` fiot deflecting a si he
�-" gnificant
.� y -�.f i. FAr =our der; ,.! ;. Eli Y ,,. ;, z ,-• , ► j.Q ,the Me. Gook , eever field .'measurements 4.
b rnifning eia of fies send •`loads #neluding deflec_tiono >of 'several
Ldef2ea pha range from `1/2!' '.�to, =t %2 * fat 'the center of the
w•.,_ t i3 .':•i.+ ` ;i» : .�.; -. M #'l�sa•' y tri, : N aR• •' H s �• , • 'E. " - •+
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e8e obBe i� rY j _
iwatt�nj .eld:.ia�east�reigentsand; usin t
L �•• ,..:- ...:.. ar r _:. �.. g he codes of standard
die *fat ° �requirecbl.oade_ }and sll
stresses'-
s :._ .: :. ,. eat.. , on a beam supporting a
§.._; .�doiuble
' 1
., : .nd3ag Anti =The - :Galcul n of
• •' ,• " !,.ri ° a , ;yy-1; f•C4y' • •. ..,s -Zf•# _:l:• iced ��deflect io
f n J - ' cAlCUlated :total load _ n , : . :bah aei� a concehn. = a _: t d lectivn
] b3, it :na_fir�t+�fi;'+�! " ~Bpn�usrifeY -qu y� :loads a 's
_ :. •fy' :'�.••• �_ : a�o ; a` r•r w• r " ' • . fi•T•ir t • �i eM ;. Q ual
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h _ 9W.,� fiiouf,#c�_a;eam: °epannin 1 �-
4 "'t s 4 ' 'Jfs �� v " •u.. .r. r• _ . t '.i♦�' 0
'`,.;...♦:.�. he conclusions above
-} y. y e. ►_ s` di ign _;: •.•• -.-- Therefore,. *
'rem
L �.: _ e -have
_
;as ��•-• ;'�._: • _ : ,Qr pf,�e, :garage :door 'headers.
,; . =�,'�y ` ., aomsaen''ts cteel, toy the exi
_ ,..x .: - K ?+Ceet .�, ,•,. ::. ' sting.-he ader
;. yr .��
firq't exi8ti header:....
e w•.�a)rt 3• v!. 'f ♦ i :Y.wo#a3:.fi. �.•.. iia w s. �g `s
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a'!. ..�"':_ : .♦ :., �:r::i.ryn "a'•' ✓- ` '':l.. a -.• • <•: :i4i
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, 7 : }:.:. T..`:Z• shets three tails r h
.: de hid
_....L:;...,;:. .. verstress headers
:�►0ictv3 tsl;bctedtc�: stirs
,..
Fla
n ' :j�� :.- the: °ex g 2x12 s .
Srii3:r- +.,At� ' y i • :'.Sep detgils /S2 nd 2152
a
rir+�t
aisen ,
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A ~ ..- ... _ .' Fes;: 'r •:.J .. .. ,
November 27, 1990
Hr. :T omas Leverenz'
Unfiled "`Homes - Corpoi atf.on
o4cond.; recommendat�.on t�quires +�aoking : =-the Tod;C-oaf :the _garage up, near
.-�.
the :garage door; reaoi n .the existing double 2k12 header and replacing it
-- the :'Jollowing wiaesberi
• t t a� �
�.-314•x117�* �2ftcrola�a beans:. (use ease length .as existing 2x12's?
• :.
rte_• :2 �i ` g_ _ a
. ,.,E .. _ 2, gas;
_ 410L _ too lei;
r Kau ..aeicrola�,�ea�as �
together with. a �aini�auma of 2. rows of 16d nails at
r1r1 •.._ x Y +\ �yr tit ti er . ! s ' !• •:
}i;�.a• + vo. ec•• iIC C ��•
, ez�i .. js.. r
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` +,s'''r;:_'• %'� =� arm " r.. , :. ^ +» ..
t T x;.. 3.{ w.. _;'v.: 'd:
_ ,;. ,.:� ��{ �,�.t {_ . � , ' • �• • � �..�• •• ••�••'- , • r � 2x4
.* 3 .-
. t ' :ear ' on = eziatn x4 V :vertiaal etude 't t i
.. fcrola�c. e�ai . f haii .b g ... _
y , r st deptti'`:.colaA.. and.aoaui1c4 /a to: <tiicrola�a rith Z-10d
tthbh �.'2�iakf a . = eaii •�to .2x4 • dbntiitiuot�s "pla p' above with i 0d nail at
�.{ a . the siding
;�. �aterqaae for• this od" t�f impair. • will have
g ' • "ei�obed and ;�arlge. door end track ra be removed.
++: lt7ti = l1. 3 i s s i a.. "' \ �; i+ •• ., r r D.
i ` f ' ' ___ }ai" �•. ,: •.{ i ! } i i i 4 S" y- _ .' c -
°' �toiiely„tetd: header 11 :-0 ei-. full load. Because
=„ r e f ntermittent
biibi, + �t4 + Sand snor. nhetieek ar
• i �'theet3 . I' , be: gdequgtof #deglM al Y use. at Y the . present
'' taent `.cdnd ti sn; f� hir- Rd er ° beck; there is
,r :to odour: r ' 1`hf ea.�rao d jAd d to - the: problem of
fori�a.:kag
th�r tressed Seadr P
°` *`because. of she otentiaf .:foir- this problem to
jt '"� ~ sire be "made in the• near future.
= we recomiaend the: prep
1 {{ -:r�•1 ..�.. 3`{ � =c � t ~ ;: `. n t.,r • tip • a ' .'. a f : ,' ...
4 tour �`under8sad3fig,`the= scope 'of this :MO�k iyafatited to observing the
r,llttlt� door header$t Rhp - addrescses fri _.question and waking recommendations
: t �► ` p�ciir- of t�ieae -headers as ; required.
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.._ i., CCa11Mwe if'� thve.: any �questf ons re this :1
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September 19, 1991
Mr. Pat Graham
Building Inspector /Housing Specialist
City of Hopkins
1010 First Street South
Hopkins, Mn. 55343
RE: Westbrooke Patio Homes
Garage Door Headers
Dear Mr. Graham:
We, the undersigned, acknowledge your letter of 9./9/91 and the
copy of the letter of 11/27/90 from Wenzel Engineering, Inc.,
addressed to a Mr. Thomas Leverenz, United Homes Corporation,
Minneapolis.
We have been furnished a list of 31 units of (according to
the first paragraph of your letter) "selected addresses that
appeared to have failed"
There are other garages with headers which are 'warped' and
are not on the list of "selected addresses Further, it ap-
pears that some of the "selected addresses" are not in need
of repair. In many cases the headers settled 10+ years ago
and have not, in the majority of cases, changed position since.
In the second paragraph of your letter you state, "The Associ-
ation has informed us, 'these failures will be.the responsibil
ity of the owners' ". VIho informed you of this ifact�?
1. According to the Westbrooke Patio Homes Non - Profit
Corporation' Declaration of Covenants (Article VI,
Page 17 and 18)
"The Association, subject to the rights of the
Owners and Owners /Tenants as set forth in the
Declaration, shall be responsible for ....
.......the maintenance and repair of the exterior
of all Living Units and Garages located on Lots,_
which responsibility shall include, but not limited
to, the following: The maintenance and repair of
exterior surfaces of all buildings on the Property....
. necessary painting, staining and repair
of patio structures on a lot as originally built."
Further, quoting from the second paragraph.of the Wenzel Engineer-
ing letter of 11/27/90, "it was also observed that these headers
are supporting residential decks over the top of the garage
5
i
Mr. Pat Graham -2- September 19, 1991 .
In view of the above, it would seem obvious that the headers
supporting the patio decks are an integral part of the patio
and therefore the responsibility of the Association.
2. We request a written legal and technical .explanation
from the Westbrooke Patio Home Board�of Directors as
to why the replacement or repairs of these headers is
the responsibility of_the homeowners and not the As-
sociation.
Also, we request that these written explanations be
furnished to the City of Hopkins.
3. From the City of Hopkins we request a copy'of the
original design and who approved it. Also, a docu-
mented summary of building inspection during the
initial installation of the headers in question, and
also the name (s) of the contractor (s) who did the in-
stallation.
4. We question why an inspection was made in 11/27/90
and nothing said to the homeowners until September
1991. Why is an arbitrary deadline set for November
1991? If this work, with necessary painting, etc.
has to be done, wouldn't spring, summer or fall be a
better time to do the work?
5. We intend to secure header replacement bids from re-
sponsible and proven contractors
6. In reference to the last two sentences of the third
paragraph of your 9/9191 letter, we submit our letter
as an appeal to the City within the 30 days allowed.
We realize that this matter may well end up in an
administrative hearing.
It is our belief that this entire matter has been approached
without proper legal guidance.
Your letter (third paragraph) states that "Your unit has been
found to have a garage door header that has failed" We be-
lieve the word "failed is incorrectly used. What appears to
have occurred, in all but two cases, is that the original City
of Hopkins approved design has settled somewhat and has re--
mained that way for many years.
The letter from the engineers refers to water leakage, etc.
We feel that much of the water leakage proglem is caused by im
proper maintenance by the Association, i.e., lack of caulking
the concrete stairways and lack of.properly caulking and main-
Mr. Pat Graham -3- September 19, 1991
taining the construction behind the furnaces. Also, the lack
of waterproofing /tarring the area underneath the outside fur
naces. Where there is leakage, we believe it is caused by
lack of maintenance.
Photographs of all garages with patio decks are included for
your reference. The photographs of the "selected addresses"
have a black X on a white background visible in the photo-
graphs.
Sincerely,
(NAME SIGNATURE',
/ %
V ( DATE) ' (PHONE)
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
X0
(NAME / SIGNATUR (DATE) (PHONE)
J/49
(ADDRESS)
(UNIT
#
IF DIFFERENT
FROM ADDRESS)
3 •
( NAM / I GNATURE)
(DATE)
(PHONE
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Ize
(ADDRESS)*
/ 19 �f �1
4. t �I
(UNIT
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IF DIFFERENT
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/
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(DATE)
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(UNIT
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5.
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(DATE)
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fry l &kj
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(ADDRESS)
(UNIT
#
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6.
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IF DIFFERENT
Mr. Pat Graham -3- September 19, 1991
taining the construction behind the furnaces. Also, the lack
of waterproofing /tarring the area underneath the outside fur-
naces. Where there is leakage, we believe it is caused by
lack of maintenance.
Photographs of. garages with patio decks are included for
your reference. The photographs of the "selected addresses"
have a black X on white background visible in the photo-
graphs.
Sincerely,
xlot� (� . : � Z (1 � - 3 7 C1 j
(NYE/SIGNATURE) (DATE) (PHONE)
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
2.
(N E / AT ) ( ATE (PHONE)
DRESS) (UNIT #' IF DIFFERENT FROM ADDRESS)
? /-� / �/
( E/ SIGNATURE) (DAT (PHONE)
e AD:S! S) (UNIT # IF DIFFERENT FROM ADDRESS)
(N /SIGNATURE) J ( ATE) ) (PHONE)
/�-f ivNC 7 of
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
5 Y / 1 4 Of
( NAM SIG AZURE) (DA ) (PHONE)
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
6.
(NAME/SIGNATURE) ; ...... -= DATE )�' . ; . '..' ?' .. :(PHONE)
(ADDRESS) ,(UNIT # IF DIFFERENT FROM ADDRESS)
Mr. Pat Graham -3- September 19, 1991
taining the construction behind the furnaces. Also, the lack
of waterproofing /tarring the area underneath the outside fur-
naces. Where there is leakage, we believe it is caused by
lack of maintenance.
Photographs of all garages with patio decks are included for
your reference. The photographs of the "selected addresses"
have a black X on a white background visible in the photo-
graphs.
Sincerely,
(NAME /SIGNATURE) (DATE) (PHONE)
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
2.
(NAME /SIGNATURE) (DATE) (PHONE)'
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
( AME /SIGNATU` ) (DATE) (PHONE)
(ADDRESS) (UNIT # IF hIFFERENT FROM ADDRESS)
qaMaM /SIGNATURE -DA E) (PHONE)
ax—
(AD RESS) '(UNIT # IF DIFFERENT FR ADDRESS)
s.
(NAME /SIGNA URE) (DATE) (PHONE)
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
6.
(NAME/SIGNATURE) i .('DATE J'
. ' (PHONE)'
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
s a
Mr. Pat Graham -3- September 19, 1991
taining the construction behind the furnaces. Also, the lack
of waterproofing /tarring the area underneath the outside fur-
nace's. Where there is leakage, we believe it is caused by
lack of maintenance.
Photographs of all garages with patio decks are included for
your reference. The photographs of the "selected addresses"
have a black X on a white background.visible in the photo
graphs.
Sincerely,
3 `
(ADDRESS~
•('UNIT # IF DIFFERENT
FROM ADDRESS)
2.
(NAME /SIGNATURE)
(DATE)
(PHONE)
(ADDRESS)
(UNIT # IF DIFFERENT
FROM ADDRESS)
3. �., ° -a -a
(MM E/SIGNATURE)
(DATE)
(PHONE)
P . I A(P 1U L
T�,aJ
(ADDRESS),_
(UNIT # IF DIFFERENT
FROM ADDRESS)
4
( E /SIGNATUR )
( )
('PHONE)
(ADDRESS)
(UNIT # IF DIFFERENT
FROM ADDRESS)
5
(NAME /SIG
(ADDRESS)
6.
(NAME /SIG]
(ADDRESS)
.TATURE) ( DATE) (PHONE)
(UNIT # IF DIFFERENT FROM ADDRESS)
vATURE) ('DATE )�'
( PHONE) . -
(UNIT # IF DIFFERENT FROM ADDRESS)
Mr. Pat Graham -3- September 19, 1991
taining the construction behind the furnaces. Also, the lack
of waterproofing /tarring the area underneath the outside fur-
naces. Where there is leakage, we believe it is caused by
lack of maintenance.
Photographs of all garages with patio decks are included for
your reference. The photographs of the "selected addresses"
have a black X on a white background.visible in the photo
graphs.
Sincerely,
�/ , r, . _ t .� ✓F t..i /� ✓fir y 1 a
T AlME /SIGNATURE) (DATE)' (PHONE)
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
64
2.
(NAME /SIG ATURE) (DATE) (PHONE)
(ADDRESS) (UNIT # IF DIFFERENT FROM ADDRESS)
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C I T Y O F H O P K I N S
MEMO
Date: October 9, 1991
To: Tom
Pat Graham, Inspections Department
From: Jerry Steiner
Res Non - complying Garage Door Headers at Westbrooke
It is my understanding that Pat has inspected a number of
garages at Westbrooke and has discovered that the overhead
garage door headers in these structures are inadequate,
possibly unsafe and did not comply with the building code at
the time of their installation. You intend to issue
correction orders ordering the owners of the affected
properties to replace the non - complying garage door headers
and have asked that I provide you with this memo as to the
City' potential liability in this situation.
In my opinion, it is very unlikely that the City could be
held liable for failing to require the original builder to
construct the garage door headers in a manner that complied
with the building codes in effect at that time. Under the
so- called "public duty" doctrine established by the Minnesota
Supreme Court in the 1972 case of Hoffert v. Owatonna Towne
Motel 199 N.W.2d 158, and the 1 °979 case of Cracraft v. City
of St. Louis Park 279 N.W.2d 801, a municipality cannot be
held liable for negligent inspection unless special
circumstances exist to create a special duty to individual
members of the public. Based on the circumstances as you
have explained them to me, it does not appear that any such
special circumstances existed when the garage door headers
were originally installed. Therefore, I believe that it is
very unlikely the City could be found liable for failing to
require the original builder to construct the garage door
headers in a manner that complied with the building code in
effect at that time.
A more significant cause for concern is the possible
liability that could result from the City failing to take
action to correct code violations that the City is aware of
and which constitute safety hazards. If the garage door
1010 First Street South, Hopkins, Minnesota 55343 612/935 -8474
An Equal Opportunity Employer
headers do not comply with the building code, and they
constitute a safety hazard, the possibility does exist that
an individual injured as a result of the failure of one of
the garage door headers could claim damages from the City for
failing to take action to see that the defective headers were
replaced. While the public duty doctrine may also protect
the City from liability in this situation, the City may have
acquired a special duty to see that the defective garage door
headers are replaced because you have become aware of their
defective and unsafe condition. For this reason, I believe
that liability concerns dictate that the City take immediate
action to have the defective headers replaced if they do, in
fact, constitute a safety hazard.
iss
Background
The Inspection Department has been working on housing code
corrections at the Westbrooke Patio Homes. This action is a
result of inspections which were made last summer due to
complaints received from homeowners regarding siding, paint,
leaking garages, sagging headers, etc. These inspections
revealed that the garage door headers are undersized and in
a state of deterioration. Some of these headers are in such
poor that the owners have installed posts in the center to
support them. These sags are causing some ponding on the
roofs and roof leakage.
The homeowners association has been working with the
Inspection staff in an effort to determine the header
problem and provide. a solution. The Association hired an
engineer, at the department's request, who verified that the
headers are not adequate and provided design alternatives to
allow for the necessary corrections. The Association
.maintains that the headers are the owner's responsibility.
Due to concerns that the headers may give way and collapse,
orders were sent to the affected property owners in an
attempt to gain correction under the housing code. A few of
the owners have or are in the process of making - the
necessasrycorections, but most have signed a petition and
are appealing the orders.
The homeowner's appeal centers around three issues.
o First, the owners feel the headers are the
responsibility of the Association. This is not an
issue the Department can resolve.
o Second, homeowners feel the Inspection Department did
not issue orders to all of those that have sags. We
are in the process of reviewing the letters sent out
and will issue additional orders if necessary.
o Third, the homeo
permits in 1972,
be installed. As
City should make
Staff is working
this point.
wners maintain the City issued
and allowed substandard headers to
a result, the homeowners feel the
the corrections at its expense.
with the City Attorney to address