HomeMy WebLinkAbout~Master - Property Maintenance Appeals Board Minutes 01/03/2019
Page | 1
MINUTES OF THE REGULAR MEETING OF THE PROPERTY MAINTENANCE APPEALS BOARD
AMES, IOWA JANUARY 3, 2019
Call to Order
The regular meeting of the Property Maintenance Appeals Board was called to order by Chairman Gary
Denner at 4:00 p.m., January 3, 2019, in Room 235 in City Hall, 515 Clark Avenue. Denner read the
Opening Statement.
Roll Call
Present from the Property Maintenance Appeals Board were Gary Denner, Rachel Norem, Dustin
Mason, and Delores Ball. Rich Lepper and Nathan Joens were absent.
Staff members present were Sara Van Meeteren, Adam Ostert, Dan Thomas, Natalie Herrington, and
Jane Chang.
Approval of Minutes
Moved by Mason, seconded by Norem, to approve the minutes of December 6, 2018 with a change to
the wording of the motion to deny the appeal from “the space did meet” to “the space did not meet”.
Vote on Motion: 4-0. Motion passed unanimously.
Old Business
A. Update on appeal at 1501 Summit Avenue
Natalie Herrington stated that the appellant withdrew the appeal for the property at 1501 Summit
Avenue. The property has been sold and will be removed from the rental database.
B. Rescind Decision on Appeal of December 6, 2018 at 3107 Ellis Street
Moved by Ball, seconded by Mason, to rescind the Decision on Appeal of December 6, 2018
Vote on Motion: 4-0. Motion passed unanimously.
New Business
A. Appeal of the City of Ames Municipal Code, Section 13.503(1)(b) Minimum ceiling heights and
Section 13.402(4)(e) Specific conditions approvable at 3107 Ellis Street by James Gunning
Dan Thomas gave a summary of the situation. He performed a rental inspection at 3107 Ellis Street on
October 16, 2018, and observed that the ceiling height in the upstairs bedroom appeared to be too low
to meet the code requirement. He returned to the office and researched the height requirement, and
confirmed that the 6’1” ceiling height is not code compliant.
Appellant, James Gunning, presented his appeal. He has owned the property since 1993 and it has been
Page | 2
a registered rental property since that time. The property has been inspected and granted multiple
Letters of Compliance over the years and the upstairs bedroom ceiling height has never been
questioned in the past. He does not dispute the measurement of the ceiling. However, it is Gunning’s
opinion that the ceiling height is an existing condition and strict compliance with the code is impractical.
Therefore, the bedroom should be allowed to continue to be rented.
Gary Denner asked how many bedrooms the property had. Gunning answered three. The Board
reviewed the staff report which noted the discrepancy over the years about the number of bedrooms
for the property.
Delores Ball asked if the space was an attic and if the space had a bathroom. Gunning replied that to his
knowledge, the space was not an attic. There is not a bathroom in the space. He added the house layout
is similar to other properties of the same age in the Roosevelt area.
Denner asked what year the code requirement for the ceiling height started. Adam Ostert replied 2006.
Sara Van Meeteren stated that the Rental Housing Code does give an exception to ceiling height in
certain situations, but this property does not meet the requirement. Gunning stated the 2006 code was
not what the house was built to.
Ball added that the space does not fit normal bedroom dimensions. It looks like it was not built with the
intention of being a bedroom.
Rachel Norem asked why there is a ceiling height requirement and questioned what the safety concern
was. Ostert replied that the height requirement is for occupant safety and fire fighter safety. A space
with a short ceiling height would quickly fill with smoke in the event of a fire.
Moved by Mason, seconded by Ball, to deny the appeal and require that the attic area be brought into
compliance with the Rental Housing Code if it is to be used as habitable space.
Vote on Motion: 4-0. Motion passed unanimously.
Board or Staff Comments
None
Adjournment
Moved by Ball, seconded by Norem, to adjourn at 4:22 p.m.
_____________________________________
Eileen Carter, Recording Secretary