HomeMy WebLinkAboutAtt 3 ITEM # 28
DATE: 02-12-19
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT ALLOWING BEDROOMS IN PROGRESS TO
COUNT TOWARD OCCUPANCY
BACKGROUND:
During the Disposition of Communications to Council discussion at the Council meeting
on January 8. 2019, the City Council discussed the January 2, 2019 letter from Mr. Al
Warren regarding his ability to add bedrooms in a capped neighborhood. Council
discussed changing code language and ultimately referred it back to staff in the
following motion.-
Moved by Gartin, seconded by Cornen, to refer this item to city staff to provide us
with options and to place on a future agenda.
Vote on the Motion. 5-1. Martin voting nay.
In memos to Council sent in May 2018 and January 2019, staff indicated that a text
amendment would be the only way Mr. Warren could increase his maximum occupancy.
The code currently reads as follows:
Sec. 13.503(4) Limits based on Zoning District— Maximum Occupancy
(e) The maximum occupancy for a single-family or at two-family dwelling unit shall be
based upon compliance with all standards of the Code, including but not limited to
parking spaces, area requirements, habitable space requirements, and the following:
i) Three adult occupants for one. two and three bedroom dwelling units.
ii) One adult occupant per bedroom, with a maximum of five adult occupants, for
dwelling units with four or more bedrooms.
(iii) For rental dwelling units located within the Near Campus
Neighborhoods and that are registered as of January 1, 2018, the number
of bedrooms for determining maximum occupancy shall be determined by
the number of bedrooms listed in the records of the Ames City Assessor as
of January 1, 2018, or by the number of bedrooms reflected in the
inspection records of the City of Ames Inspections Division as of January
1, 2018, whichever number is higher.
(iv) For rental dwellings for which a registration is being sought after January 1.
2018, the number of bedrooms for determining maximum occupancy shall be
determined by an inspection by the Inspections Division.
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Mr. Warren's property at 2334 Storm is located in the SCAN neighborhood which is
listed as a Near Campus Neighborhood in Resolution 18-242 adopted on 4/24/18. The
code language in bold above freezes the number of occupants to what was allowed on
1/1/18. It does not prohibit bedrooms from being added. Rather, it prohibits those
additions from counting toward the allowed occupancy. Neighborhoods outside of the
Near Campus Neighborhoods have the same occupancy limitations, but are not
prohibited from increasing their allowed occupants by adding legal bedrooms.
In November of 2015, Mr. Warren demolished the existing home and constructed
a new home on the property at 2334 Storm Street. The home was constructed
with three finished bedrooms on the main floor. At the time of construction, the
occupancy ordinance limited the number of unrelated occupants to three people
so the layout was designed to accommodate three unrelated people.
Mr. Warren's building plan showed two egress windows in the basement (one
more than what is required for new construction), but no formal bedrooms. A
note on the approved permit states, "This permit includes (1) bathroom finished
in the basement & no other basement finishes."
Mr. Warren has stated that his intent was to add bedrooms in the basement if the
occupancy regulations changed in a way that would allow him more than three
occupants. Until that time, he felt it was better to not have bedrooms there because it
could encourage over-occupancy. At this time, there have been no additional
permits submitted to construct the bedrooms in the basement.
Mr. Warren would like to be able to finish the bedrooms in the basement and have
them count toward his maximum occupancy. This would change the allowed
number of occupants to a total of five, two more than what he is currently
allowed.
He proposed the following text amendment in his January 2. 2019 letter to Council:
Anyone who was in the process of adding bedrooms, with the City of Ames
Inspection Department, when the moratorium began. may finish these bedrooms
and have them count towards occupancy.
Staff is unaware of any other property owners in a similar situation as Mr. Warren.
However, if Council is interested in a text amendment. they should consider the
possibility of other owners requesting the same exception. If this language is used, the
burden of proof will be on the property owner to show that they were "in the process" of
adding bedrooms. Under the proposed language, it will be difficult for staff to verify the
property owner's claim. In fact, based on the materials on file for Mr. Warren's
house, it would be hard for staff to determine that he was "in process" because
there are no records showing the intent to establish bedrooms in the future.
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If Council is considering a text amendment, it would be helpful for staff to have direction
on what "in process" means when drafting the language. Options to determine if
someone is "in process" could include the application of a building permit for additional
bedrooms, dated plans with bedrooms on it, any written correspondence with city staff
regarding the addition of bedrooms, a construction bid from a contractor, or other
additional information as determined by Council.
In addition to determining if someone is . in process", staff recommends including
language about when the applicant needed to be in process and establishing a
timeframe for which applications would be accepted (ex. One month from effective date
of this ordinance). January 1 . 2018 would be an appropriate date for which someone
would be required to show they were "in process as this is the date that the bedroom
counts were frozen. Additional dates include October 27, 2017 (when the moratorium
in effect) r April 24. 2018 when the occupancy standards were set placing the
went into ect) o p ( p y p g
cap on properties in the Near Campus Neighborhoods.)
ALTERNATIVES:
1 . Deny the request for a text amendment, keeping the existing code in place. Mr.
Warren would not be able to add additional occupants under this option.
2. Direct staff to draft a text amendment that would allow only Mr. Warren's
property at 2334 Storm Street to increase occupants with the addition of two
bedrooms.
3. Direct staff to draft a text amendment similar to Mr. Warren's request that would
anyone who was "in process" of building additional bedrooms to qualify for the
exemption. If this alternative is preferred, Staff would need the following direction
to guide them in drafting the ordinance
a. What criteria will be used to determine that someone is "in process"?
Criteria may include the application of a building permit for additional
bedrooms, dated plans with bedrooms on it, any correspondence with
city staff regarding the addition of bedrooms, a construction bid from a
contractor?
b. When did the applicant need to be "in process"? Beginning of the
moratorium? January 11 2018 when occupancy was frozen?
c. What is the appropriate window of time for which these requests would
be accepted?
Example: "Anyone that was in the process of adding bedrooms prior to the
bedroom counts being frozen (January 1 . 2018) may apply to the
Inspection Division, within 30 days of the effective date of this ordinance,
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to have their bedrooms counted for occupancy purposes. In process
means an approved building permit dated prior to 1/1/18.7'
(The underlined text above are examples, not necessarily suggestions.)
CITY MANAGER'S RECOMMENDATION:
The question before the City Council is whether or not to create an exception to allow
additional bedrooms to be completed and used in determining occupancy after January
1 , 2018 as requested by Mr. Warren. Staff is not aware of any other rental property
owners who would request this same exemption.
Since it would be difficult for staff to determine that Mr. Warren was "in process''
because there are no records showing the intent to establish bedrooms in the future, it
is the recommendation of the City Manager that the City Council support Alternative #1
and thereby deny the request to amend the rental code to allow bedrooms to be added
in capped neighborhoods so as to count towards increased occupancy.
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