HomeMy WebLinkAboutA001 - Memo from Legal Department July 6,2018 CITY OF MEMO
Ames- Legal Department
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To: Mayor Haila and City Council Members
From: Mark O. Lambert, City Attorney
Date: July 6, 2018
Subject: Item No. 27: Rental Cap/Hardship Exceptions ordinance amendments
I thought it would be helpful to you if I detailed the changes made in the
hardship/rental cap exceptions ordinance, in response to motions to amend the
ordinance adopted at first reading.
There was a motion to rewrite section 13.300(10)(a) to ensure that all of the
conditions for receiving the exception were applied also to the property owners
who had obtained a building permit prior to October 27, 2017. This was
accomplished by deleting subparagraph "vi" which included the building-permit
language and incorporating it into subparagraph I."
Previously, subparagraph "i" read:
i. The property owner must have owned
the property as of October 27, 2017 and the property must be
the primary residence of the property owner as of the date of
application.
And subparagraph "vi" previously read:
vi. A property owner who, prior to October 27, 2017, had
obtained a building permit which would indicate an intent to
convert the property to a rental property is also eligible for
the exception, regardless if the property is the property
owner's primary residence.
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As already stated, subparagraph "vi" was deleted and incorporated into
subparagraph "i" so that 13.300(a)(i) is now amended to read:
i. The property owner must have owned the property as of
October 27, 2017 and either 1) the property must be the
primary residence of the property owner as of the date of
application, or 2) the property owner had obtained, prior to
October 27, 2011, a building, electrical, plumbing or
mechanical permit which would indicate an intent to convert
the property to a rental property.
Another motion approved by Council was to add "electrical, plumbing, or
mechanical' to "building permit." This was accomplished in the above
paragraph.
The words "of a primary residence" were stricken from subparagraph "iii"
because not only primary residence owners but also certain building/etc. permit
holders can qualify for the exception. This was a necessary clean up to address
the Council motions. The sentence "The exception only applies to the primary
residence of a property owner established prior to the date of application" was
deleted from the first paragraph under paragraph (10), as it was not accurate
given the building/etc. permit exception, and the topic is addressed in
subparagraph "i."
Another motion adopted was to strike the words "and current mortgage balance"
from (11)(a)(v), and that was done (and the word "and" was inserted between
the two items remaining).
If you have any questions, feel free to contact me.