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HomeMy WebLinkAbout~Master - Property Maintenance Appeals Board Minutes 04/07/2017Property Maintenance Appeals Board Meeting April 6, 2017 Call to Order The regular meeting of the Property Maintenance Appeals Board was called to order by Chairman Al Warren at 4:01 pm. Warren read the opening statement. Present from the Property Maintenance Appeals Board were Al Warren, Bert Schroeder, Gary Denner, Dustin Mason and Delores Ball. City of Ames staff present were Scott Ripperger, Sara VanMeeteren, Holly McDonald, Natalie Herrington, Shawn Bayouth, Mark Lambert, Vickie Feilmeyer and Amy Colwell. Approval of Minutes Approved May 7, 2015 minutes with corrections noted by Delores Ball. Corrections were on page 1 changing the word “Departing” to “Department” and on pa ge two under Board/Staff Comments in the fourth paragraph removing the extra words “the where”. Delores Ball stated on the previous meeting minutes the did not elect a co -chair and was to be on the next agenda also the minutes reflected that each member of the board should receive an updated copy of the rental code as defined by Chapter 13. Al Warren stated that he had spoken with Amy Colwell and she emailed out a PDF and if unable to print it out to let her know. A motion was made by Gary Denner; Bert Schroeder seconded the motion Old Business Al Warren stated that on the last appeal on 3412 Jewel Drive it was stated that the property owner was supposed to bring their property up to City code and someone has asked him how follow ups are done with the City. Sara VanMeeteren came up to the lectern stating that this was her case but no follow up was done as no further complaints were made. Al Warren wanted to know how the City follows up on Unregistered Rentals. Ms. VanMeeteren stated that the current procedure would be that another complaint would need to be filed to warrant more investigation. The neighbors were notified as to what the board’s decision was. She stated that currently if someone filed a complaint against a property they would look to see if it was a registered rental and if not then would send a letter and this usually prompts a response from them however, there are very few that are unregistered. New Business 1. Election of Officers – Delores Ball nominated Al Warren for Chairman, Bert Schroder seconded, passed 5-0. Bert Schroder nominated Gary Denner for Co-Chair, Dustin Mason seconded, passed 5-0. 2. Hearing on Appeal of owner at 214 Main Street #201 regarding a full bathroom; stating it would be costly to add another full bathroom and would displace a tenant and deem apartment uninhabitable- Natalie Herrington, Rental Inspector, gave an overview of the case to the board . There are two apartments in the upstairs that were registered as new rentals in 2014 and a two year letter of compliance was issued with a noted item that if Unit 202 (rear unit) is rented, a full bathroom must be provided for this unit within the unit itself. The letter of Compliance expired in December 2016 and a new inspection was done and at that time it was noted that both units were being rented, a letter of deficiency was sent stating they had three years to correct the issue. She then presented the layout of the upstairs apartments. She did ask the commission to choice between three options of approving the decision of the building official, tabling the request, or approving the appeal. Mr. Schroder asked for clarification on where the bathroom was. Natalie explained that unit 202 has its own bathroom inside the unit while unit 201 is outside of their apartment in the hallway. Mr. Warren wanted to know why there was a compromise back in 2014 to allow the bathroom across the hall as long as no one was living in the other unit. Natalie stated there was a lot of discussion about it and it was mainly a pr ivacy issue as the tenant in 201 at the time was not wanting the bathroom to be moved as it would disrupt his life so they gave the applicant more time to work around this. Testimony from Appellant Steve Wedeking, Property Owner, stated that 201 has an inclusive restroom but you have to walk across the hallway to get to it but there is no sharing of restrooms. Mr. Wedeking stated that this has never been an issue before because anyone that rents the apartment is aware that the bathroom is across the hall. He stated that the main reason for not being able to move the unit 201 bathroom to the east is because of the sewer line as it all runs along the west side of the build ing for downstairs and upstairs. Mr. Warren asked if the joists run east to west which means the sewer line could be possibly be run through the joists to the west wall. Mr. Wedeking stated he is sure it could be done but from the two estimates he received it was going to be close to $20,000. Mr. Warren asked if there were any written estimates they could see, he stated no. Bert Schroder asked what kind of security is offered at the door since the person in unit 201 has to cross the hall. Mr. Wedeking stated that everyone has a key for the street level door. Mr. Schroder stated he can see where this would be a concern especially if the tenant was sick and needed the bathroom and might not be fully dressed and come across someone coming up the stairs. Mr. Wedeking stated he wanted to know what his options are besides moving a bathroom. Gary Denner stated that if he made the unit all one big unit it is not uncommon for people to find roommates and live together. Mr. Denner asked if he has considered putting a set of stairs on the back side of the building so 202 would have a rear entrance. Mr. Warren stated you would have to have two main ways of egress windows. Mr. Wedeking stated he doesn’t believe there is room for a set of stairs. Mr. Warren questioned the layout of unit 201. Mr. Wedeking stated that between the two units there is a storage area. Mr. Warren stated that with the joists running east to west the lines could be run to that side and a bathroom could be put in. Delores Ball asked how big the storage room was and if big enough could change it into a bedroom and then could charge more for a two bedroom unit. Mr. Denner stated that without a window it would be not be able to meet code but could open up that storage area and make the living room a bedroom and the storage area a living room. Mr. Warren stated that in the Cities records the last transfer was in March 2005 as two apartment units with two full baths. A conversation was had about different City codes and which one applies. Mr. Lambert, Assistant City Attorney stated that if one part of the code conflicts then the one that is more specific governs. The board then discussed their recommendations. Mr. Schroder, Ms. Ball, and Mr. Mason stated that the bathroom needs to be moved. Mr. Denner recommended tabling the request in order for the Property Owner to get real estimates for different options. Ms. Ball made a motion to table this appeal for 60 days to allow time for the Property Owner to get estimates. Mr. Denner seconded. Motion passed 5-0. Board/Staff comments Mr. Warren asked Staff about the other hearing that was taken off the agenda. A discussion was had regarding the case that was dropped. Shawn Bayouth, Fire Chief, stated that the board had some good questions and he would be happy to have a conversation regarding their concerns at a later time. Mr. Denner wanted to know how things were going with the Cities new software update. Shawn Bayouth, Fire Chief, stated the board will see a few changes and more in the coming months as they have moved to an electronic version where permits etc. can be emailed to them, there are still going to be glitches and we are continually working on those. He stated some outreach letters should be going out to the community to let them know what they are going to see in the field etc. Mr. Denner asked if the newsletter would be coming back. Mr. Bayouth stated probably not until a new Building Official is hired as currently short staffed. Mr. Denner asked how the new search for a Building Official is going. Mr. Bayouth stated that will be starting back up in the next month and will be using an outside company that will help initiate the search. Adjourn Schroeder moved to adjourn. Ball seconded. Motion to adjourn passed unanimously at 5:11 PM.