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Home My WebLink About11-04-2013 Board of AppealsCITY OF IOWA CITY NOTICE OF PUBLIC MEETING The Iowa City Board of Appeals will convene at 4:00 p.m. on Monday November 4, 2013 in the Helling Conference Room, 410 Washington St., Iowa City, Iowa TENTATIVE AGENDA 1. Meeting to be called to order 2. Elect Officers for 2013 (Chair and Vice Chair) 3. Consider minutes of November 5, 2012 meeting. 4. Appeal the decision of the Building Official or Fire Chief. (944 Miller Ave.) 5. Adjournment MINUTES IOWA CITY BOARD OF APPEALS MONDAY, NOVEMBER 5, 2012 HELLING CONFERENCE ROOM, CITY HALL 410 E. WASHINGTON STREET IOWA CITY, IA 52240 MEMBERS PRESENT: John Roffman, Scott McDonough, Andrea French, Chad Campion MEMBERS ABSENT: Matt Neumiller STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City Attorney), John Grier (Fire Marshal), Jann Ream (Code Enforcement Asst. acting as minute taker) OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL Recommended by a unanimous vote (4-0) to adopt the 2012 International Fire Code with amendments as proposed. CALL TO ORDER: John Roffman called the meeting to order at 4:01 ELECTION OF OFFICERS: Campion moved to elect John Roffman as chairperson of the Board of Appeals. McDonough seconded. VOTE: John Roffman was elected Board of Appeals chairperson by a 4-0 unanimous vote. McDonough moved to elect Andrea French as vice -chairperson of the Board of Appeals. Campion seconded. VOTE: Andrea French was elected Board of Appeals vice -chairperson by a 4-0 unanimous vote. Discussion and possible recommendation to Council regarding adoption of the 2012 International Fire Code: John Grier explained that he had gone through the new code and had pulled out the notable new sections and revised amendments so that the Board could see the changes that would occur with the adoption of the 2012 International Fire Code. He explained that he could go through them item by item but wondered if anyone had any questions up front. He explained that the 2012 version of the code had been significantly re -organized so many of the code sections had changed reference numbers even though that section may or may not have changed or revised. He also explained that the amendments that are currently adopted would remain. For purposes of discussion for the Board, he had only pulled out those items that would be something new or revised. He mentioned one change that he had not highlighted for the Board which allows the Fire Department to send plans out for review by a third party and requires the applicant to pay for the review. He did not anticipate that the Fire Department would need to do that very often. Roffman asked about the new section that required monthly and yearly testing of emergency lighting equipment. He wondered how the Fire Department was going to educate property owners about this new requirement. Grier explained that the department would be do ongoing education when doing inspections and would slowly work towards getting compliance. He also clarified that this requirement applied to new buildings only and that he fully expected the technology for emergency lighting equipment would begin to incorporate automatic testing and reporting software. Grier mentioned reasons for some of the new requirements. Since many restaurants are now storing their cooking oil inside for recycling or re -processing, there are new requirements that relate to that storage. There is now a minimum size requirement for fire pump and riser rooms in new buildings because, without it, these rooms were being built so small that it was difficult to maneuver in them. The emergency responder radio coverage regulations address the issues with coverage being diminished because of current building design — repeaters become necessary for adequate coverage. Carbon monoxide alarms will now be required in certain occupancies with fuel burning appliances. Because solar panels are becoming more prevalent, there are new requirements that govern installation of such panels on roofs and how to shut off the power in emergency situations. MOTION: McDonough moved to recommend to City Council that the 2012 International Fire Code with all proposed amendments be adopted. Campion seconded. VOTE: The motion passed 4-0. OTHER BUSINESS: Hennes noted that the terms for French and Roffman were expiring at the end of December, 2012. Roffman had already applied for a new term and French indicated that she would be turning in her application to the City Clerk after the meeting. ADJOURNMENT: Chairperson Roffman adjourned the meeting at 4:20PM. Chairperson, Board of Appeals Date FOR A HEARING BEFORE [REQUEST HE BOARD OF APPEALS City Clerk City of Iowa City 410 East Washington Iowa City, Iowa 522400 �j Miller/� I, Property Address: i � l / F " j HEARING REQUEST FOR: ❑ Appeal of Notice of Housing Code Violation. ❑ Request for a Variance from Housing Code Section Date: 101 / IZ0 13 -10i'4K (—I" A -600D CITY of IGWA CITY -5�Z 0 Appeal the decision of the Building Official or Fire Chief (attach copy of decision) because: ❑ (1) There are practical difficulties involved in carrying outthe provisions of this code. Prac4w difficulties means that: (a) the strict letter of this code is impractical; (b) the modification islaconfot ttance with the intent and purpose of this code; and (c) such modification does not lessen QAe-potectiomn requirements or any degree of structural integrity; or D.:� —4 ❑ (2) Any material, alternate design or method of construction not specifically presc6R416bymis coP€'I§ appropriate. Any material, alternate design or method of construction is apriate if: (a proposed design is satisfactory and complies with the provision of this code; ) tlp mat r a , method or work offered is, for the purpose intended, at least the equivalent of tscziD ed it code in suitability, strength, effectiveness, fire resistance, durability, safety and nitationl' or 0 ❑ (3) The building officialfre chief has incorrectly interpreted a provision of the code; or ❑ (4) The provisions of the code do not fully apply. State all code provisions applicable to the appeal. Explain basis for appeal. �Gl�Y2�y' nt supporting documentation. Signature: Please print name / /'lam Address: 3W I Daytime Phone #: �►q- a- 5 FILING FEE - $100.00 hishiorcisthry m.rloc 1112 City of Iowa City, Iowa - Official Web Site Page 1 of 1 RENTAL PERMIT _k City of Iowa City orroerL c Permit # : REN03945 Permit Issued On: 12/08/2004 Permit Valid Through: 08/31/2007 Premises Address: 944 MILLER AVE N O Owner Information : ANNA BUSS p BOX 2807 �n A � l 0 c> —t IOWA CITY, IA 52244 E-Mail : abuss2662@acl.com Phone 1 : 339-4783 (H) R -'a Phone 2 : 331-1120 (M) w Type/Use of Structure : 1 Dwelling Unit(s) o CAUTION: This Permit certifies that this structure was in compliance with the requirements of Section 145E-19 of the Iowa City Housing Code at time of issuance. This does not imply that the property is in compliance with the Iowa City Zoning ordinance, State of Iowa Fire Code, or current Building Codes. Specific Information : Unit # Accessible Bedrooms Occur 9 4 1 Data current as of : 12/8/2004 http://www.iowa-city.org/rentals.asp?c=REN03945&pm=yes 12/8/2004 In 2006 1 purchased the property at 944 Miller Ave. When I purchased the prope rtythe realtor had it marketed as a two bedroom, the Iowa City rental inspection had it approved for a two bedroom, and the city assessor had it approved as a two bedroom. Recently I went through the rental inspection process and found that the stairway height is not to code. The height in question is a 113 year old structural support beam that is 6' 2" off the basement floor and overlaps the last step by 2". 1 do not understand how this was acceptable in 2006, but not acceptable currently, considering nothing has changed regarding the stairway or structural support beam. The city made a decision during the last rental inspection and I do not understand how they can change it now. I made my decision to purchase that property using information the city generated. N _O Cl)-< �� CJ Z'r � PDPPN: 001+1 D I042701 1 944 MILLER AVE. IOWA CITY URBANIRESIDENIIAL LegaVBAILEY&BECK ADDRION LOT 40 Land Basis I Front Rear Side FF hlatn W00 5000 12500} Sup Total Grand Total Sales Iowa City Assessor Deed: MEYER. TIMOTHY W Map Area: 21500-Res Contract: Route: 063.003-120 CIDk_ 070-5332000O Tax Dist: 0050 BEA: Plat Page: 10A641N MLS: Slbdiv: NOW Land Tue, 52Pr2013, 826 AM Page 1 CheckruTags: LlsletlDele: RS. 1OMWI999 Revew/Dale: ABC,070112000 Entry Slaws_ Inspact.d Si del 1 R. Lot SF Acres FEE I Ou3lAand 12500 O00 0.94 47.00 R-600 6,250.00 OA,14 8,250.00 0.144 Building Permits Values Dale $Am out WTC I Recording I Dole I Number tall $Amout I Reason I Type I Appraised I BofR I SLEqualized I Pr Yr:2013 0822/2012 $0 D1 970-380 Land $28,200 $0 $0 $28 200 04282006 $90,000 DO 025 953 Dwlg $57,500 $0 $0 $57 500 08/18/1998 $53500 DO 567-4 1-or $0 $0 Total $85,700 $0 $0 $35,700 Res.Structure 141 Finish Plumbing Addition Garage Amom No Additions oaage No garages oa cote 101 7an,.Ab.4 3 1 eawrum Amex 1 Full Bath 1 oa. pest. Snele-Famiy/ nlaomeoawrx 1 eemomaseas 1 Shower Stall Bath Ysoreau We vanes Nean 100 Table Owner Occupied Toilet Room EFA wxL Ban Fln Nea R3 L.Icry EFAYaar Area(90 YtmraulM1 1900 ,.R,N.a. Wear Closet $la Ntni Foma,:m CBN EFA/EFM 1121 190D Sink Arex(.F) EFA AndK 0.an N/A Ftlelrrwalls AIWI Shower StalYTW Coujs.n EFF War Rear Asph/Gable Mill St Sh Bath 1 sMe 1Story Frame harsh Flnlaa Dad/Papal MI Stall Shower ..0`9 cuflWn nmuny Carp/Vint No Bathroom Noa.,m F[Nsn asm(s0 AraeS`. 624/ 624 Wet Bar Nonb ase Heating Fireplace 17 Ora",ow ruara 624/ 0 Whirlpool Bathroom A. plrsaertsn FIairmar, 0 Whrl Atlk(sn plreAC onnaele$x 0 lspsxa�. No Hot Water Tank F ,]Flr.dv N) No No Plumbing Doeroas. rxnmeon D Sewer & Water Ony _ Applleness Water Only w/Sink Range Unt Bur I -In Vacuums Hal Tub 71- Bassein! Full Oven - Single Intercom System Bidet Oven -Double el Stereo(5pkrsonlyl Fbgls Service Sink M asrt Fn. 0 Distmastrer Urinal Hea FHA- Gas Microwave Scum Trash Compactor W'PoOI Bath w/9mwer _ Ac No Jenreir Whltlpoot5auna At, Nave Security System N O d O •'a n :% C.) A r r t `_,. -4 CITY OF I O WA CITY Ott MEMORANDUM Date: October 31, 2013 To: Board of Appeals From: Stan Laverman, Senior Housing Inspector Re: 944 Miller Avenue — Appeal of decision of Housing Inspector Introduction• The current owner of 944 Miller Avenue is appealing the decision of the Iowa City Housing & Inspection Services Department to not recognize the room in the basement as a bedroom because of the non- compliant head height on the basement stairs. HistorvBackeround: In September of 1998 a rental permit for a 1 bedroom dwelling unit was applied for. After that point in time 1 of 3 inspectors, all of who are no longer with the City, recognized the room in the basement as a bedroom bring this up to a two bedroom dwelling. I believe the recognition of this room as a bedroom was done in error. In September of 2007 when the rental application was sent to renew the rental permit Mr. Meyer informed us the property was owner occupied and we canceled the rental permit. When a rental permit is not in a renewal status or is allowed to lapse for one year, many "grandfathered" issues and "grandfathered" occupancies lose their conforming status. This fall (2013) when the Meyer's called to get a rental permit we inspected the property, and it was at that time the inspector noticed the headroom issues in the basement. The actual basement room ceiling height is 6'8" with some ductwork in the room bringing the ceiling height down to 6'4" in allowable areas. This in itself would be acceptable per the City Housing Code and past Board of Appeals decisions. At the base of the basement stairs is an 8"x8" beam which limits the headroom over the last stair tread to 5'4". Per the building code this measurement is taken vertically from the stair tread up. At the base of the stairs under the existing beam the ceiling height is 6'T'. Discussion of Solutions: See the attached drawing for what is existing and a proposed solution. I look forward to discussing all of this at the meeting. I 10, c: a 1- a 0 C