HomeMy WebLinkAboutBoard of Appeals Packet 9.9.2020BOARD OF APPEALS
Wednesday, September 9, 2020
Electronic Meeting – 4:00 PM
Zoom Meeting Platform
Agenda:
1. Call to Order
2. Roll Call
3. Elect Officers for 2020 (Chair and Vice Chair)
4. Consideration of Meeting Minutes: July 1, 2019
5. Request for a Variance from Housing Code Section 17-5-17 F. 1. f., 17-5-17
G.1. (Proposed building on Parcel # 1022133012 [east of Shelter House at 429
Southgate Ave and west of 505 – 509 Southgate Ave])
6. Adjournment
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Electronic Meeting
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MINUTES FINAL
IOWA CITY BOARD OF APPEALS
MONDAY, JULY 1, 2019
HELLING CONFERENCE ROOM, CITY HALL
410 E. WASHINGTON STREET
IOWA CITY, IA 52240
MEMBERS PRESENT: Andrea French, Scott McDonough, Jim Walker
MEMBERS ABSENT: John Gay, Andrew Martin
STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Stan Laverman (Senior Housing
Inspector), Marnie Teagle (Neighborhood and Development
Specialist)
OTHERS PRESENT: Ryan Moss (Johnson County Attorney’s Office, sitting in for the City
Attorney representative), Dan Frowlen (Construction Manager,
Prestige Properties)
RECOMMENDATIONS TO COUNCIL:
Recommended by a unanimous vote to deny the appeal for 837 Otto Street.
Recommended by a unanimous vote to deny the appeal for 506 North Linn Street.
CALL TO ORDER:
Tim Hennes called the meeting to order at 4:00 PM
ELECTION OF OFFICERS:
MOTION: McDonough moved to elect Andrea French as chairperson of the Board of Appeals. Walker
seconded.
VOTE: French was elected as chairperson of the BOA by a 3-0 unanimous vote.
MOTION: McDonough moved to elect Jim Walker as vice-chair of the Board of Appeals. French
seconded.
VOTE: Walker was elected vice-chair of the BOA by a 3-0 unanimous vote.
CONSIDERATION OF MINUTES:
MOTION: McDonough moved to approve the minutes from the December 20, 2018 meeting. Walker
seconded.
Vote: The motion was approved by a 3-0 unanimous vote.
Appeal the decision of the Building Official or Fire Chief because there are practical
difficulties involved in carrying out the provisions of this code (837 Otto Street):
French noted the owner of 837 Otto Street has requested an extension.
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Hennes stated the appeal for 837 Otto Street is an appeal of a decision not to grant a further
extension, and this is an appeal of the Building Official for not granting that extension. Hennes noted
the Board needs to review if there are existing violations, those would still continue to be violations.
This appeal is from the applicant who asked for an extension to remedy certain deficiencies which
was denied. Therefore today the extension could be granted by the Board (to overturn the decision
by the Building Inspector) or to uphold the decision by the Building Inspector and deny the request
for an extension and if the applicant is not wanting to go forward with the appeal that needs to be
stated. Hennes noted there must be evidence presented for due process.
French opened the floor for public discussion.
Dan Frowlen (Construction Manager, Prestige Properties) stated they don’t need an extension, they
have completed the work required on the house which was to repair painted surfaces of window trim
and replaced shakes. Frowlen noted it had been a harsh winter from snow to freezing temperatures.
The work that needed to be done could not be accomplished in such elements. The argument is
Prestige Properties does their best to do quality repairs and not just put a band-aid on things so
there is the same problems year after year.
Walker asked if this property was originally cited in September of last year. Laverman said the
property on Otto was cited in January, so there was a six month time period to complete the work
which expired in June and because of the weather issues everyone that had a June 1 expiration was
granted a new date of July 1. Laverman noted that when they do the inspections they require
properties to be in compliance and good condition. This property was not, there was paint on the
windows, on door trim and he felt it could be fixed within the time period. Since the work has been
completed then the applicant proved that it was possible for the work to be done in the time period
allotted. Laverman noted there has been some changes in the Code in the past year limiting the
City’s ability to regulate occupancy and the State noted there are a lot of other ordinances on the
books to control nuisances of rental preorders and that is what the City intends to do. The City has
been very clear on expectations and will be enforcing stricter timelines on compliances and not
carrying extensions for so long. Laverman noted they have been directed by Council to tighten up
these inspections and make sure properties are in compliance at all times.
McDonough asked how long the automatic six-month period of compliance has been in place.
Laverman responded for 18 months. McDonough asked if there have been other properties with
issues. Laverman said not to this level, they have in the past year issued approximately 90
extensions and all but couple were complete before the deadline. McDonough asked if the Board
votes on the side of the City what is the next steps. Laverman said the applicant would then be
issued a 10 day notice to comply, if they do not come in compliance within that 10 day period then
the City can revoke the rental permit and issue a citation and he added it was codified in City Code
they cannot give extension that surpass one year. Within one year after a rental permit expires the
property must either be brought back into compliance or citations issued for not maintaining a valid
rental permit.
MOTION: Walker moved to deny the appeal for 837 Otto Street based on the City Ordinances already
allowing for sufficient time for compliance to be met. McDonough seconded.
VOTE: The motion passed by a unanimous vote 3-0.
Appeal the decision of the Building Official or Fire Chief because there are practical difficulties
involved in carrying out the provisions of this code (506 N. Linn St.):
Laverman noted this property was inspected in September 2018 (9/11/2018), this property is in an
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historic district and requires historical approval for some of the work that needed to be done. The
Historic Preservation Commission review was requested 10/9/2018 and was approved by the staff
and commission on 10/10/2018. Laverman noted the violation was on the exterior of the structure
and the expectation is properties should be in compliance with the Housing Code at all times.
Laverman noted the City did grant extensions on this property because of The Historic Preservation
Commission review and the second extension request is for the extension to extend to 10/30/2019
and under the City’s Housing Code that is not feasible, even in the appeal asking for the 9/30/2019
extension is not feasible and Laverman again makes the argument that having this property out of
compliance for longer than other properties violates the Housing Code and the direction they have
received from City Council to maintain healthy and vibrant neighborhoods.
French noted that due to City Code an extension could only be extended through August.
French opened the floor for public discussion.
Dan Frowlen (Construction Manager, Prestige Properties) stated they have been working on the
property for well over one month, it is not a band-aid fix, they are not just trying to slap paint on it,
they had to scrap off lead-based paint and had to get the workers training and qualified to work
there. He noted that the property next door is in worse condition but because it is not a rental it is
not held to the same standards. Having to deal with all the rain this spring has really hampered their
ability to work on this property.
MOTION: McDonough moved to deny the appeal for 506 North Linn Street based on the City
Ordinances already allowing for sufficient time for compliance to be met. Walker seconded.
VOTE: The motion passed by a unanimous vote 3-0.
OTHER DISCUSSION :
None.
Adjourned at 4:2 8 PM
Chairperson, Board of Appeals Date