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HomeMy WebLinkAbout07-13-2017 Board of AppealsCITY OFIOWA CITY NOTICE OF PUBLIC MEETING The Iowa City Board of Appeals will convene at 4:00 p.m. on Thursday July 13, 2017 in Helling Conference Room 410 Washington St., Iowa City, Iowa II II A 0Ill I/e'll! II U/ WiTel A 0 1 IIIIA1 1. Meeting to be called to order 2. Request for a Variance from Housing Code Section 17-5-17 F. 1. f., 17-5-17 G.1. (Proposed building at 820 Cross Park Ave) 3. Adjournment If you will need disability -related accommodations in order to participate in this meeting, please contact Tim Hennes, Building Inspection Services, at 319-356-5122 or at tim-hennes@iowa- city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. AP ihll-00r) REQUEST FOR A NEARING BEFORE i l THE 80ARD OF APPEALS #�'l�'��®"f4� City Clerk CITY Of IOWA CIT)` C101ESaindif a 410 shi aahl5224 Date' June 30, 20 V Iowa CRY, Iowa 52240 CRY, I Property Addreee: 820 Close Park Ave HEARING REQUEST FOR: Appeal of Notice of Housing Code Sinai t Recommit for a Variance from Housing Code Section 17-0-17 F 1 f.17-5-i7 G-1. ❑ Appeal Un deo'aiw C the Ba Hm, Officlel or Fire Cheat, land, any of deGslum bepaUaa: ❑ (1) There are practical dif5eoltiev ImoNed in cari out she prooddra of code. FoHnal difficulties dadlv that (a) the ahtet letter of this code is Impraeties. (h) the medifiwtlon aid coof.scence wM the Intent and puns ao of thin code, and to) such modlficser, does not lessen anyThe -pmtdr iou re"Iddlents or aoy degree of stedow al Intai or ❑ de Any material, alternate design or Horned of construcRon not spedfipeHy levorlbed by this code Is appropriate. Any material. ahernate design or method of cendood e Is appropriate if, (a) the Proposed design Is catISHery antl cam0las see the come" of this code: antl (b) the material. meNad orwark offered is, for the prunes intended, at least the equivalent of that p2acdbed in this coda In dic a villy, shenUh, etfectiveni fire redeemed, dorablllry, safety antl aen¢etien; or ❑ (3) The milk, offleia lf. chief hes incorea ,interpreted a pmalsion of the code. or ❑ (a) the corrosion, of the code do net fel, apply. State ali code provisions appliaabla to the appeefn See eftinhmente `= —. EYplam bash for appeal. In See attachments =' Attach relevant supporting documentation Signature. �� Please print nameDgnlel J Btoff'it Address: 221 E C II St.. Suite 303 Daytime Phone #. 319-333-]878 FILING FEE—$100.00 le'nomri Applicable Housing Code PrtWslons: 17-517 F.1, F. Basements and floors above the second story shall have not less than two (2) ex4; except when such floors or basements are used e¢Iusivell for the service of the building. Uwelnog units and/or rooming units in a haseri may have access to only one common exit when the occupant load seined by that exit does not exceed inn (ID). Escape and b eme va ndow(i) must be iiii dfor each Seeping room. Such windows)shall damply with the buiitling men epedflcatlons. Existing third floor and attic area, less then floe handred (500) square feet may be used as hahitable rooms lithe following wnditions are met. 1} one exit fully meets buiitling code requieements to iM1e omslde of the building; 2) [he other exit can bit an attfcffre escapes. If "0", to the att, fire escape is through a window, Inch window met meet the Enriched rode requlremen[z for escape antl reswe window, 17 51J G. 1. Even, habitable to except a kitchen, shall have at least one saver. or tender, faang directly to the outdoors The minimum total glazed window or skylight area, for every habitable xceptthe kitchen, shall beat least eight percent(h%) of the floora,,. of verb mom. 2. For he purpose of detansining natural light antl natural ventilation requirements, any damn may be wnsidered as portion of an adjoining room when one half (112) ofthe area of the vinvirrean wall is open and onobstrutted and pn v des an opening of not less then onedentb (1110) of the floor area of the maermr room or twenty five (25) square feet, whimever 1, greater. Project Background: - Shelter House intends tocamth,I 24 rental units through which permanerR po'W. housed, will be made available for the [hronicell, homeless using a Housing East appmdflii in l.,a CI}�jy } The FUSE (Frequent Users Synta ns Engagement) Housing First Project is distinctly diferedIbbytrtyll anyov ocher available housing resource and will beademonrtraCion pmfed forthe State of lok✓a.. Ttt9rt has been supportive of the profeR and 111,flc baling regulations were recently adopted to pormKrd, type Of fadifty (14 shi 6 Cornrnedity Service -Long Term Housing). We believe the pro7eR to be in compliance with the inning code inducting this section. The Inc.,wdwelling unit plan I,,, UnI m intbelow)provide, a separate bedroom are a with babvoom entrance oriented towards the corridor and a living mom and slashed pI,a oriented toward the eAIliar wall Only one tenant wdl be permitted to live in each dwelling on t ad no door separating the bedroom from the living room has been provided City off he, mnflrmed they will review tar, layout as a one bedroom as the open space between the loan rooms does not meet minimum habitable dimensions and Niectleely divides he unit into two spaces. An efildenay layout could he used to satisfy housing code Emaximm at issue, but Shelter House mmingly Prefers the one bedroom layout for several 1. Opea91ona1[,I Iselpled bedroom and bathroom entrance out of direct view of the window is enriched for prr aW mnrnrvsand is intended as is oremudon and promIXfon hrboth tenant and neighbors. 2, The one bedroom layout offers substantial advantages for in -process federal grant applications, 3, Hesurs,gvouchers will provide a rigirmeant percentage ofthe ongoing operateral Pat funding. Efficiency units are subudlaed at a lower rate than one bedroom thus This loss of Income would represent a 4gnifived: cludlice, and Panel to the long farm apemlon of the ough , It is not possible to re design the building to unen the provisions of the housing code with a one bedroom unit configuration due to the geometry van, rota The deep, narm ufootprot of the sots is driven by the acidic ofthe site, Property lines etbacks and on site parking requirements consxraln the tobding In the other direction Aso. Basisfof Appeal: Housing the, provision 17-5-17 F.1, Appears to closely mirrorihe building code amendment A IBC 3f13o. , erceptial, 2. The underlying sate both of these and, ones appears to be life safety. The project does comply with the building code amendment on the bask that it IT being reviewed as an throb tesuft budding (1,1, condition 1) and that amendment applies only to R-2 ocmpall. The housing code provision however, only makes rererenm fe"dwelling ants'. Thensuddyber al ccupancy has several additional layers of life safety protectionbuilt -in that we beiby2 w°e weid�i a suitable level of safety: — "" 0 1. Afull Ntuti 13 occupancy,are,, provire ded will be provided. 2. AfuII NFPA 13 spnnkleroystem soli 6e povided 3. Thefmnt desk wgl be staffed 24'l end will be able to assse otsound the alarm in ffle car p an emergency. ' In addition to the mailullonal occupancy prao,pas, a rexue window will be provided in the IMng moul, Given Thu size of the unit and the by, of barrier between the window and the bedroom our belief is that the arangemem not significantly had ofe than a typical bedroom rescue vendas. add wtbthe added ar,lemonalroom, measures actually provides .greater level of aferythank typically required for mull ant Indent, Housing code provision 17 517 G, odds a requirement far natural daylight in both the bedroom and living space. As discussed above there is not a practical way to preserve the preferred one bedroom layout and achieve a window V the bedroom ,are However, our design is somewhere between a typo I one seemed and an eff.Uenq layout and the bedroom space will be able to below llghtfinal ihe living room windows When taken as a whele the total area ofound glauog is 12%of the total floor area of the bedroom and living room which erceeds the minimum required glazing for any given space. GNen the prollmM ofthe bedroom to the wndea, the parmanentp open space between the bedroom and the window, and the total amount of vision gbaing provided we feel this provides a level of M1ealth and weliere thatk fn Ilne with the requirements of the code. ®n r-a' e.re UNIT PLAN NEUMANN MONSON kki:!II i PRES7 FUSE HOUSINGMI IS 0-3 061Nt7 clu w im RRIT MIKE DIVISION TIC i.AEYRIKT;' IRA CITY, U 52740 (317) 35655% OIMLAREOM DTN19 CONE0.1 FpfprncP I v TOO C-OREE IAOC IT iVEF WO.WD TERM T,Wl 100.00 CREM IR0 tPAA9 R.'"EM"FM Np++�% �EIOEUM ------------ ChzT,,, Due CAQ FzIa E, FM EEIIA — --------- --- --, 111. 'Et -OR PIE'E" 0.IT019 Iffy I Nr a J .MEETING E%P.M UTILI IX 1 PROGRAM CASEWORK . CASEWORK MANAGER I _ I � NEUMANN MONSON ARCHITECTS N5E-HOUSNG P:RST le0G3 01312011 RECEPTON FIRST LEVEL FLOOR PLAN MIIITI-0ORPpSE V„ i F V ' i PRES 1 4'-0' il, NEUMANN MONSON SECOND LEVEL FLOOR PLAN PRES2 FUSF-HOUSNG F,R5T 4'.0' f6-0" 1 16.013 Ot t11017 17-5-13: APPEALS BOARD; VARIANCES AND APPEALS: A. Jurisdiction Of Appeals Board: 1. Appeals to the appeals board may be taken by any person affected by any decision of the director or designee or by any written notice. Any person wishing to seek a variance to the housing code may petition the appeals board for relief. (Ord. 03-4082, 5-20-2003) 2. If the appeals board sustains or modifies a decision or a notice, it shall be deemed to be an order, and the owner, operator or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time which shall be determined by the appeals board. (1978 Code §173; amd. 1994 Code; Ord. 03-4082, 5-20-2003) B. Appeals Board Procedures: 1. The appeals board, upon receipt of an appeal request and payment of the filing fee, as established by resolution of the city council, shall set a time and a place for the hearing. The applicant shall be advised, in writing, of such time and place at least seven (7) calendar days priorto the date of the hearing. 2. At such a hearing, the applicant shall have an opportunity to be heard and to show cause as to why such notice or order should be modified, extended, revoked orwhy a variance should be granted. 3. The appeals board, by a majority vote, may sustain, modify, extend or revoke a notice to grant or deny a variance. 4. The appeals board may grant variances or extensions of time to make repairs. In the event that an extension and/or variance is granted, the appeals board shall observe the following conditions: a. In lieu of or in addition to administrative extensions, the appeals board may grant an extension or extensions of time for the compliance of any order or notice, provided the appeals board makes specific findings of fact based on evidence relating to the following: (1) There are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order, and (2) Such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. b. Except under extraordinary circumstances, the extension or sum of extensions shall not exceed eighteen (18) months. c. The appeals board may grant a variance in a specific case and from a specific provision of this chapter, subject to appropriate conditions, and provided the appeals board makes specific findings of fact based on the evidence presented on the record as a whole and relate to the following: (1) There are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order. and (2) Due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and (3) An extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and (4) Such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. d. Upon appeal or by petition, the appeals board shall consider the adoption of a general variance. The appeals board, by a majority vote, may establish a general variance for existing structures which cannot practicably meet the standards of the code. Prior to considering any general variance, public notice shall be given. A general variance, if granted, shall: (1) State in what manner the variance from the specific provision(s) is to be allowed; and (2) State the conditions under which the variance is to be made; and (3) Be based upon specific findings of fact based on evidence related to the following: (A) There are practical difficulties or unnecessary hardships in carrying out the strict letter of the specific provision, common to dwellings, dwelling units or rooming units to which the variance will apply; and (B) Such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. e. The effective date of the variance shall be thirty (30) calendar days after notification to the city council unless vetoed by an extraordinary majority of the city council during said thirty (30) day period. (1978 Code §17-3; amd. 1994 Code)