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Home My WebLink About07-01-2019 Board of Appeals (2)CITY OF IOWA CITY NOTICE OF PUBLIC MEETING The Iowa City Board of Appeals will convene at 4:00 p.m. on July 1, 2019 in Heiling Conference Room, 410 Washington St., Iowa City, Iowa TENTATIVE AGENDA 1. Meeting to be called to order 2. Elect Officers for 2019 (Chair and Vice Chair) 3. Consider the minutes from the December 20, 2018 meeting. 4. Appeal the decision of the Building Official or Fire Chief because there are practical difficulties involved in carrying out the provisions of this code. Practical difficulties means that: (a) the strict letter of this code is impractical; (b) the modifications is in conformance with the intent and purpose of this code; and (c) such modifications does not lessen any fire -protection requirements or any degree of structural integrity. (837 Otto St.) 5. Appeal the decision of the Building Official or Fire Chief because there are practical difficulties involved in carrying out the provisions of this code. Practical difficulties means that: (a) the strict letter of this code is impractical; (b) the modifications is in conformance with the intent and purpose of this code; and (c) such modifications does not lessen any fire -protection requirements or any degree of structural integrity. (506 N. Linn St.) 6. Adjournment If you will need disability -related accommodations in order to participate in this program/event, please contact Tm Hennes at 319-356-5122 or tim-hennes@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. MINUTES FINAL IOWA CITY BOARD OF APPEALS THURSDAY, DECEMBER 20, 2018 EMMA HARVAT HALL, CITY HALL 410 E. WASHINGTON STREET IOWA CITY, IA 52240 MEMBERS PRESENT: Andrea French, Andy Martin, Scott McDonough, Jim Walker MEMBERS ABSENT: John Gay STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City Attorney), Danielle Sitzman (Development Services Coordinator), Brian Greer (Fire Marshal), Jann Ream (Code Enforcement Specialist), Marnie Teagle (Code Enforcement Specialist, acting as minute -taker) OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL: Recommended by a unanimous vote (4-0) to proceed with the adoption of the 2018 International Building Code with amendments, the 2018 International Residential Code with amendments, the adoption by reference of the State Electrical, Plumbing and Mechanical codes and the 2018 International Fire Code with amendments. CALL TO ORDER: Tim Hennes called the meeting to order at 4:02 PM 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 4-0 unanimous vote. Martin moved to elect Scott McDonough as vice -chair of the Board of Appeals. Walker seconded. VOTE: McDonough was elected vice -chair of the BOA by a 4-0 unanimous vote. Discussion and possible recommendation to City Council regarding the adoption of the 2018 International Building, Residential and Fire Codes. Hennes started the discussion by pointing out the memorandum in the meeting packet that delineates the most notable changes in the 2018 codes. He said he would briefly go through the notable changes and board members could ask questions as he went over them. Hennes highlighted a main change in section R314 of the 2018 code which states that remodels would be required to install interconnected smoke detectors in the entire house even in the rooms not affected by the remodel. This exception is the same as the 2015 code and would continue to make this not a requirement. Hennes explained that the reasons for this exception are that the wireless technology is not readily available and the costliness involved. McDonough asked about the first item on the memo, Table R301.2(1) regarding Manual J criteria for HVAC contractors and how it affects this location. Hennes explained that the IRC already has a table that gives design criteria to HVAC contractors for specific areas, similar to landscaping zones throughout the 2 country. This table allows the constant numbers (some examples are average temperatures, snow loads for specific locations) to be plugged into the computer software that HVAC contractors use to design heating and cooling systems. Hennes noted that the plumbing, electrical and mechanical codes are mandated by the State of Iowa. The State adopts the National Electrical Code which can be made more restrictive. The adoption of the 2018 Uniform Plumbing Code and International Mechanical Code is currently in the works and will be finalized in the first quarter of 2019. Hennes discussed the amendment 422.2.1 of the UPC which was a request from a member of the public. This amendment will require single user restrooms to have signage indicating usage by either sex. Note, this is an item included in the 2018 UPC which will be adopted by the State. Hennes commented on the draft of the UPC regarding a requirement that all CSST gas piping have an arc fault protection, like a protective coating, which could eliminate the use of yellow CSST. The draft also proposes amending the single stack drainage system which is an engineered plumbing system with a bigger pipe allowing multiple fitting without separate venting. Hennes noted that he met with Homebuilders Association and they sent a letter of support agreeing with the amendments. Greer explained that the he would discuss a few of the items on the memorandum regarding the International Fire Code. Greer explained that for kitchen hood systems in restaurants, it is required to add rolling castor docks to fryers so that they can be placed in the appropriate location. This has been a local requirement for approximately a year and a half and is common practice along the corridor. This now is formalized by section 607.4. For code 901.6.02, Greer describes the use of "The Compliance Engine" which is a resource tool that fire company contractors use when inspecting fire alarms and sprinkler systems. If the report they generate shows a deficiency, the system automatically sends out a letter on Fire Department letterhead to the company. Greer advised the time saved using this tool equals one quarter to one half a person. Greer has used this system for about 2 years, North Liberty has used it for 5 years, Cedar Rapids for 2 years, and Coralville just started. Greer briefly described section 901.7 which details expectations for fire watch. For section 905.4 Greer explained that for standpipe systems this code cycle changed back from installation on intermediate landings to main floor landings. Greer explained that since Roger Jenson was Fire Marshal, installation was on intermediate landings. Fire personnel are trained for intermediate landings. For consistency, Greer has revised this section to continue to remain using intermediate landings. Hennes advised code cycles are every three years. When the 2015 codes were adopted, the prior code was the 2009 code as the 2012 code cycle was skipped because there were no significate changes. Hennes advised that numbering issues and other unintended issues result from skipping a code cycle. Greer advised that the Fire Department did adopt the 2012 code as accreditation requires the most current code. MOTION: McDonough moved that the adoption of the 2018 International Building Code with amendments, the 2018 International Residential Code with amendments, the adoption by reference of the State Electrical, Plumbing and Mechanical Codes and the 2018 International Fire Code with amendments be recommended to City Council. Martin seconded. VOTE: The motion passed by a unanimous vote 4-0. OTHER DISCUSSION: Board members discussed the City's climate action committee as they look to learn more about energy usage. Hennes advised that tiny houses are now listed in the code's appendix and is a topic for possible future review. Solar readiness, solar permits and the initial costs of such projects are also issues of interest. Radon tests on new homes were discussed. Downtown construction projects were mentioned. Adjourned at 4:26 PM Chairperson, Board of Appeals Date r CITY OF IOWA CITY � M E M 0 RA N D U M -•,,.� Date: June 27, 2019 To: Board of Appeals From: Tim Hennes, Senior Building Inspector Re: 506 N. Linn Street Appeal The owner of 506 N. Linn Street (Prestige Properties IV LLC) has appealed the decision by the City rental inspector to deny a request for an additional extension to complete work needed to renew a rental permit. Attached are the decision of City staff (June 5, 2019 email from Erik Tatge to Mike Oliveira), the appeal submitted by the property owner, and Section 17-5-13 of the Housing Code. Copy w/enc. to: Mike Oliveira/Prestige Properties Stan Laverman, Sr. Housing Inspector Stan Laverman From: Sent: To: Subject Erik Tatge Wednesday, June 26, 2019 8:54 AM Stan Laverman FW: 506 N. Linn and 837 Otto From: Erik Tatge Sent Wednesday, June 5, 2019 9:35 AM To:'moliveira@prestigeprop.com' <molivelra@prestigeprop.com> Subject: 506 N. Linn and 837 Otto Mike, Your request for October is denied. We have pushed everyone's exterior paint extensions back to be completed by July 1rt due to cool weather and rain in April and May. Let me know if you've gotten the work done prior to that so I can drive by and check. Thanks, CITYOF IOWA CITY ErikTatge UNESCO CITY OF LIT*RATVRE Buildinginspector i��,v�ORC p:319-356.5119 �y 410 E Washington St 0 +� Iowa City. IA 52240 Sterling Codifiers, Inc. Page 1 of 2 17-5-13: APPEALS BOARD; VARIANCES AND APPEALS: A. Jurisdiction Of Appeals Board: 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 this chapter 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 §17-3; 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 prior to 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 or why 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. https://www.sterlingcodifiers.com/codebook/printnow.php 6/27/2019 Sterling Codifiers, Inc. Page 2 of 2 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) https://www.sterlingcodifiers.com/codebook/printnow.php 6/27/2019 LQUEST FOR A HEARING BEFORE THE BOARD OF APPEALS City clerk City of Iowa City 410 East Washington Iowa City, Iowa 52240 Property Address: HEARING REQUEST FOR: ❑ Appeal of Notice of Housing Code Violation. ❑ Request for a Variance from Housing Code Section Date: APT®b�I�3 tr CITY OF IOWA CITY App*ea�l the decision of the Building Official or Fire Chief (attach copy of decision) because: ,fit (1) There are practical difficulties involved in carrying out the provisions of this code. Practical difficulties means that: (a) the strict letter of this code is impractical; (b) the modification Is in conformance with the intent and purpose of this code; and (c) such modification does not lessen any&e-protection requirements or any degree of structural Integrity; or _ 4 (2) Any material, alternate design or method of construction not specifically appropriate. Any material, alternate design or method of construction rib`s by th�i a) t is proposed design is satisfactory and complies with the provision of this c� p � i)te(a) the method or work offered Is, for the purpose intended, at least the uivaler ate ol" the material,inis code in suitability, strength, effectiveness, fire resistance, durability,eQ safe sc in this safety artifetion"M ❑ (3) The building officlel/fire chief has incorrectly interpreted a provision of the cue; ores' ❑ (4) The provisions of the code do not fully apply. - i State all code provisions applicable to the appeal. Explain basis for appeal. Attach relevant supporting documentation. Signature: Please print name: Address: Daytime Phone #. Am,# —I :-32,1 E (Zux+ S't &E 2— 11 51Z �� IR — `{'oo - 13s4 If you will need dlsabilfty 10ted accommodations in order to participate in this program event, please contact Tim Hennes at 31"56-5222-tim-hennes@iowa-dty.org. 5122,tim-hennes@lowa-city.org. Early requests are strongty encouraged to allow sufjieient time to meet your access needs FILING FEE - $900.00 h18h19r*m.dao 6119 1 N C% City Clerk 3> C- City of Iowa City 2-< 410 E Washington Street ,Er~ Iowa City, 52240 T RE: 837 Otto St co Dear Board of Appeals, I am writing to appeal the recent decision made by the building inspector Erik Tatge for our residential rental property at 837 Otto Street, giving us only until July 1 to complete deficiencies from a rental inspection. Erik inspected this house on 1/9/2019, citing a broken handrail, peeling paint and missing or damaged shakes. While the handrail has been repaired, the other exterior work has been delayed first by the extremely cold winter and then by the very rainy spring and summer. The replacement and repair to the shakes requires the work of both a carpenter and a painter. The carpenter has ordered and received in the materials needed for the job, including replacement shakes. Some window sills also need to be repaired. Due to the excessive amount of rain this season, our workers have been unable to complete this work. Our carpenter has been working at another of our properties (at 506 N Linn) but will be moving back to this property next week to complete the repairs needed so the painter can come in to finish his work. We have been doing our best to complete the project, but the weather continues to hamper us. Rain is forecasted every day for the next week. Thus we are requesting an extension until September 30 to complete this work. Thank you very much for your consideration of this matter. Sincerely, Mike Oliveira General Manager (319) 512-7616, EXT 5 329 E Court Street Suite 2 Iowa City, IA 52240 319.512.7616 admin@pmstigeprop.com \ Qo 0 x% rr, > $ CITY OF IOWA CITY REVENUE DIVISION 410 E WASHINGTON ST IOWA CITY, IA 52240 (319) 356-5066 009887-0046 Trina S. 06/20/2019 03:28PM MISCELLANEOUS Description: OTHER (OTHER) OTHER (OTHER) 2019 Item: OTHER 1 0 100.00 OTHER (OTHER) 100.00 95900000-101100- 100.00D 10610610-341900- 100.000 Payment Id: 346009 100.00 Subtotal 100.00 Total 100.00 CHECK 100.00 Check Number 21726 Change due 0.00 Paid by: PRESTIGE THANK YOU FOR YOUR PAYMENT CUSTOMER COPY r NO=^i.® CITY OF IOWA CITY 220 '� � MEMORANDUM Date: June 27, 2019 To: Board of Appeals From: Stan Laverman, Senior Housing Inspector Re: 837 Otto Street Appeal Introduction: The owner of 837 Otto Street (Prestige Properties III LLC) has appealed the decision to deny a request for an additional extension to complete work needed to renew a rental permit Housing Code at Issue: With the recent changes at the State level which limits City's ability to regulate occupancy, changes were made both in policy and in the Housing Code to increase the enforcement of Iowa City Housing Code. One policy change is that properties 60 days past their initial inspection to be in compliance with the Iowa City Housing Code or to have an approved extension letter on file. 6-month extensions are commonly given to property owners to complete exterior work when seasonal conditions prevent the completion of the work within 60 days. The Housing Code was changed effective 1/1/18 to reflect that extensions cannot be granted that would extend the rental permit 12 months past its initial expiration. Section 17-5-16.C. states: Expiration Of Permit; Extensions: Rental permits shall be valid through the expiration date contained thereon. However, extensions shall be granted to cover any time period between the stated expiration date and the period of time permitted by the inspector to remedy any violations cited subsequent to a maintenance inspection, provided a rental application is on file with fees paid, up to a maximum of twelve (12) months. Dates of Permit/Inspection/Extension: Systematic rental housing inspections are conducted under the premise that properties are in compliance with the Iowa City Housing Code at all times. The inspections are done to verify compliance and not to give owner's a punch list of items they need to correct to bring the property back into compliance. The rental permit for the property located at 837 Otto Street expired on 12/31/2018 (Exhibit A is a copy of the rental permit) and was initially inspected on 1/9/2019 (Exhibit B is a copy of the inspection report). Because of seasonal weather conditions an extension for the exterior work was requested. (Exhibit C is a copy of the extension.) All that remains for the owner to do to comply with the Housing Code is to repair painted surfaces of window trim and replaced shakes. In the past year, approximately 90 extensions were granted to complete seasonal code issues and a majority of those rental property owners were given until June 1, 2109 to comply with the Housing Code. Because of the spring weather, all owners that needed additional time were given to July 1,2019. Conclusion: The owner has had ample time to bring this income property into compliance with the Iowa City Housing Code. To allow this property to remain out of compliance for a greater length of time violates the intent of the Housing Code and the direction of the City Council to maintain healthy and vibrant neighborhoods in Iowa City. RENTAL PERMIT =..:.`_.r -Sk City Of Iowa City �� 24, -- CITY OF IOWA CITY Permit # : REN02113 Issued On : 02/23/2017 Valid Through : 12/31/2018 Premises Address : 837 OTTO ST CIEKIIJBIT Owner Information : PRESTIGE PROPERTIES LLC — 329 E COURT ST STE 2 IOWA CITY, IA 52240 Agent Information : Type/Use of Structure : 1 Dwelling Units CAUTION: This Permit certifies that this structure was in compliance with the requirements of Section 17-5-19 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. Unit Specific Information Unit # Accessible Bedrooms Occupancy 837 N 1 Depends on # of off street parking spaces provided and floor area requirements. 6/27/201 8:31:32AM INSPECTION REPORT Date : 1/10/2019 CITY OF IOWA CITY PRESTIGE PROPERTIES LLC 329 E COURT ST STE 2 IOWA CITY, IA 52240 CASE # : REN02113 LOCATION OF PROPERTY: 837 OTTO ST The Department of Housing and Inspection Services inspected the property listed above on 1/9/2019. The following items are not in compliance with Title 17, Chapter 5; the Iowa City Housing Code and are hereby brought to your attention for correction: Unit: 837 Exterior - 19-R : Handrail is in disrepair. Exterior - 19-F : Peeling paint on window and door trim and door. Replace pieces of missing shakes. REINSPECTION DATE: 1/11/2019 8:00 am INSPECTOR: - This reinspection will be carried out to determine code compliance. No fee will be assessed for the initial reinspection and for one reinspectlon of exterior work that has been granted an extension to complete. A $60 fee will be assessed for each additional reinspection which must be scheduled. A $50 "no show" fee will be assessed for each reinspection at which the owner agent fails to appear in order to provide interior access. FAILURE TO CORRECT THE VIOLATION(S) WITHIN THE TIME SPECIFIED MAY RESULT IN ISSUANCE OF A CITATION AND FURTHER LEGAL ACTION BEING TAKEN. Should you wish to contest this order, Appeal Request forms can be obtained at the Housing Inspection office, 410 E. Washington Street. Any appeal must be received In the office of the City Clerk within ten (10) days of your receipt of this notice. Failure to request an appeal shall constitute a waiver of the right to a hearing and this notice shall become a final determination and order. When all applicable provisions of the Housing Code of the City of Iowa. City have been complied with, the Department of Housing and Inspection Services will issue a Certificate of Structure compliance and/or Rental Permit. If seasonal weather or extraordinary circumstances prevent compliance, an extension of time may be requested in writing from your inspector. 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 341-4020 y, -w� January 10, 2019 EXHIBIT CITY OF IOWA CITY � 410 East Washington Street Iowa City, Iowa 52240-1826 (319)356-5000 (319) 356-5009 FAX www.icgov.org A request for extension has been requested for 837 Otto St. The owner/agent of the property is Prestige Properties. The initial inspection was scheduled for 1/9/2019. The property was re -inspected on the following dates: N/A The following items from the inspection report dated 1/9/2019 have not been corrected: These items have not been corrected for the following reasons: X Seasonal conditions are preventing exterior work from being completed. o The work requires Historic Preservation Commission approval. o Substantial repairs or upgrades will be taking place that will require more than 60 days to complete. o Other: X The extension will be granted by Erik Tatge with a re -inspection to be conducted on( ) upon receipt of signed extension or e-mail acknowledging receipt of letter. o Email attached o Signature: Stan Laverman From: Erik Tatge Sent: Wednesday, June 26, 2019 8:49 AM To; Stan Laverman Subject: FW: 837 Otto Extension Attachments: extension letter,doc From: Erik Tatge Sent: Wednesday, January 16, 2019 12:00 PM To: Erik Tatge <Erik-Tatge@iowa-city.org> Subject: 837 Otto Extension From: cbarnett0prestigeprop.com(mailto:cbarnettia)orestigeprop.comj Sent: Thursday, January 10, 2019 12:37 PM To: Erik Tatge <Erik-Tat¢e(a)iowa-citv.or¢> Cc: moliveira@prestigeorop.com Subject: Prestige Properties Extension Letter Erik, Attached is the extension letter you requested Mike fill out. Please let me know If there is anything else you need. Have a good day! - Conor Barnett Stan Laverman From: Erik Tatge Sent: Wednesday, June 26, 2019 8:53 AM To: Stan Laverman Subject: FW:Inspection Report Attachments: 837 Otto St.pdf; extension Ietter.doc From: Erik Tatge Sent: Thursday, January 10, 2019 8:27 AM To: inquiry@prestigeprop.com Subject: Inspection Report I don't plan on completing a re -inspection on the date and time on the report. Please complete the extension letter and return it and call me in the spring when it's done. You'll have up to 6 months from yesterday to get the work done. Thanks, CITY OF iOWVA CITY ErikTatge UNESCO CITY OF LITERATURE Building Inspector WWw1cG0v0RG p:319-356-5119 �J� 410 E Washington St Iowa City, IA 52240 REQUEST FOR A HEARING BEFORE THE BOARD OF APPEALS City Clerk City of Iowa City 410 East Washington Iowa CRY, Iowa 52240 Property Address: HEARING REQUEST FOR: �Iq- c�DlD� Ayr 1 1 1 CITY OF IOWA CITY Date: T" I q ao 19 ❑ Appeal of Notice of Housing Code Violation. ❑Request for a Variance from Housing Code Section JyAppjeaal.the decision of the Building Official or Fire Chief (attach copy of decision) because: �q (1) There are practical difficulties involved in carrying out the provisions of this code. Practical difficulties means that: (a) the strict letter of this code is impractical; (b) the modification Is in conformance with the intent and purpose of this code; and (c) such modification does not lessen anyfire_protection requirements or any degree of structural Integrity, or ❑ (2) Any material, alternate design or method of construction not specifically �' appropriate. Any material, altemate design or method of construction Prescrib by this code Is proposed design is satisfactory and compiles with the provision of this prfateif:-(a) the method or work offered is, for the purpose Intended, at least the equivalertvRiia b) the material, code in suitability, strength, effectiveness, fire resistance, durability, safe t Press in this b safety ar%tion or ❑ (3) The building official/fire chief has incorrectly Interpreted a provision of theRr"I orb 1 r t ❑ (4) The provisions of the code do not full apply. 37 N Yto State all code provisions applicable to the appeal. CX3 Explain basis for appeal. Attach relevant supporting documentation. Please print name: Address: Daytime Phone #. 32q E [o 21 3(9-`l00- i3S4 If You will need d1 sa611ity-related accommodations in order to part/dpate"this program event, please contact rim Hennes at 32g-35B.5122,tim-hennes@Jowa�ltyorg, Early requests ore s to meet your access needs, trodgly encouraged to allow srrffdent rime FILING FEE - $100.00 hlsblgygathrghm,dps 6N9 PRESTIG� City Clerk City of Iowa City 410 E Washington Street Iowa City, 52240 o RE: 506 N Linn St ca Dear Board of Appeals, `> cn I am writing to appeal the recent decision made by the building inspector Erik Tatge for our residential rental property at 506 N Linn Street, giving us only until July 1 to complete deficiencies from a rental inspection. Erik inspected this house on 9/12/2018, citing some the interior items of replacing the fire extinguisher, moving sleeping arrangements out of a dining room and back into a bedroom, and adding a carbon monoxide detector to the unit. These items are all complete. Exterior work was cited of peeling/ defective paint, and rotted wood siding that needed to be replaced prior to painting. This exterior work was delayed first by the extremely cold winter and then by the very rainy spring and summer. When the weather permitted, my carpenter procured and installed cedar siding where needed. There were many areas on the existing siding that needed to be repaired by filling the holes with a putty like substance, so this was the next step. You can see these many putty -filled areas in white on the photo. Once filled the putty needed to dry for several days, then get sanded smooth. Due to the size of the house, the uncooperative weather and the amount of work needed, it took the contractor 4 weeks to complete the siding repair/ replacement. Now the painter must scrape, prime and paint the surfaces. This is a very large house. The forecast is for rain every day this week. We are showing good faith by working to our best ability to complete this project, but we are requesting an extension as the weather continues to hamper us in our efforts. Please grant us an extension until September 30 to complete this work. Thank you very much for your consideration of this matter. Sincerel ike 1 Zira General Manager 329 E Court Street Suite 2 Iowa City, IA 52240 319.512.7616 admin@prestigeprop.com o c-s c C) ^C N r rn CA m 4j� r -�h® CITY OF IOWA CITY 41,60 M E M 0 rRAANDUM Date: June 27, 2019 To: Board of Appeals From: Stan Laverman, Senior Housing Inspectd> . Re: 506 N. Linn Street Appeal Introduction: The owner of 506 N. Linn Street (Prestige Properties IV LLC) has appealed the decision to deny a request for an additional extension to complete work needed to renew a rental permit. Housing Code at Issue: With the recent changes at the State level which limits City's ability to regulate occupancy, changes were made both in policy and in the Housing Code to increase the enforcement of Iowa City Housing Code. One policy change is that properties 60 days past their initial inspection to be in compliance with the Iowa City Housing Code or to have an approved extension letter on file. 6-month extensions are commonly given to property owners to complete exterior work when seasonal conditions prevent the completion of the work within 60 days. The Housing Code was changed effective 1/1/18 to reflect that extensions cannot be granted that would extend the rental permit 12 months past its initial expiration. Section 17-5-16.C. states: Expiration Of Permit; Extensions: Rental permits shall be valid through the expiration date contained thereon. However, extensions shall be granted to cover any time period between the stated expiration date and the period of time permitted by the inspector to remedy any violations cited subsequent to a maintenance inspection, provided a rental application is on file with fees paid, up to a maximum of twelve (12) months. Dates of Permit/Insnection/Extension: Systematic rental housing inspections are conducted under the premise that properties are in compliance with the Iowa City Housing Code at all times. The inspections are done to verify compliance and not to give owner's a punch list of items they need to correct to bring the property back into compliance. The rental permit for the property located at 506 N Linn Street expired 8/31/2018 (Exhibit A is a copy of the rental permit) and was initially inspected on 9/11/2018 (Exhibit B is a copy of the inspection report). Because of seasonal weather conditions and work requiring Historic Preservation Commission review, an extension was requested by the property owner. (Exhibit C is a copy of the extension.) The Historic Preservation Commission review was requested 10/9/2018 and was approved by the staff and commission on 10/10/2018. (Exhibit D is a copy of the HPC decision). All that remains for the owner to do to comply with the Housing Code is repair damaged siding and paint all wood surfaces. In the past year, approximately 90 extensions were granted to complete seasonal code issues and a majority of those rental property owners were given until June 1, 2109 to comply with the Housing Code. Because of the spring weather, all owners that needed additional time were given to July 1, 2019. The decision that the owner is appealing is the owner's 2"d extension request to be given until 10/30/2019 to complete the work. This is 2 months past the time allowed in the Housing Code, and City staff denied the request. With the appeal, the owner is asking to be given until 9/30/2019 which is 1 month past the time allowed in the Housing Code. In an appeal, the Board cannot extend the renewal period for a period longer than what the Housing Code allows, which is 12 months. In order for the Board to grant an extension beyond 12 months, the owner would need to apply for and the Board would need to grant a variance under Section 17-5-13134c of the Housing Code. June 27, 2019 Page 2 Conclusion: The owner has had ample time to bring this income property into compliance with the Iowa City Housing Code. To allow this property to remain out of compliance for a greater length of time violates the intent of the Housing Code and the direction of the City Council to maintain healthy and vibrant neighborhoods in Iowa City. RENTAL PERMIT City Of Iowa City`-�� CITY OF IOWA CITY Permit # : REN01940 Issued On : 11/01/2016 Valid Through : 08/31/2018 EXHIBIT Address : 506-506 1/2 N LINN ST A Owner Information : PRESTIGE PROPERTIES LLC 329 E COURT ST STE 2 IOWA CITY, IA 52240 Agent Information : Type/Use of Structure 2 Dwelling Units CAUTION: This Permit certifies that this structure was in compliance with the requirements of Section 17-5-19 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. Unit Specific Information Unit # Accessible Bedrooms Occupancy 506 N 1 Depends on # of off street parking spaces provided and floor area requirements. 506.5 N 2 Depends on # of off street parking spaces provided and floor area requirements. 6/27/201 8:25:33AM INSPECTION REPORT Date : 9/12/2018 PRESTIGE PROPERTIES LLC 329 E COURT ST STE 2 IOWA CITY, IA 52240 CASE # : REN01940 LOCATION OF PROPERTY: 506 N LINN ST CITY OFIOWA CITY EXHIBIT Q The Department of Housing and Inspection Services inspected the property listed above on 9/11/2018. The following items are not in compliance with Title 17, Chapter 5; the Iowa City Housing Code and are hereby brought to your attention for correction: Unit: REN01940 Exterior - 19-F : Peeling/defective paint on all wood surfaces including, but not limited to, siding, window and door trim, fascia and porch components must be scraped, primed and painted; replace any rotten wood before repainting.. For all structures constructed before 1978, or where lead paint may be present, see http://www.idph.state.ia.us/eh/lead-poisoning—prevention.asp for applicable regulations. Unit : 506 Kitchen - 19-Q : Fire extinguisher is out of date. Dinning Room - 19-X (2) : This area cannot be used as a sleeping room. All furnishings, bedding, electronics and daily use items must be removed from the dinning room and relocated into one of the approved sleeping areas. Living Room - 19-L : Unit lacks a required Carbon Monoxide detector. It should be located outside of the bedrooms. REINSPECTION DATE: 10/11/2018 9:15 am INSPECTOR: - This reinspection will be carried out to determine code compliance. No fee will be assessed for the initial reinspection and for one reinspection of exterior work that has been granted an extension to complete. A $60 fee will be assessed for each additional reinspection which must be scheduled. A $50 "no show" fee will be assessed for each reinspection at which the owner agent fails to appear in order to provide Interior access. FAILURE TO CORRECT THE VIOLATION(S) WITHIN THE TIME SPECIFIED MAY RESULT IN ISSUANCE OF A CITATION AND FURTHER LEGAL ACTION BEING TAKEN. Should you wish to contest this order, Appeal Request forms can be obtained at the Housing Inspection office, 410 E. Washington Street. Any appeal must be received in the office of the City Clerk within ten (10) days of your receipt of this notice. Failure to request an appeal shall constitute a waiver of the right to a hearing and this notice shall become a final determination and order. When all applicable provisions of the Housing Code of the City of Iowa City have been complied with, the Department of Housing and Inspection Services will issue a Certificate of Structure compliance and/or Rental Permit. If seasonal weather or extraordinary circumstances prevent compliance, an extension of time may be requested In writing from your inspector. 410 EAST WASHINGTON STREET 6 IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 341-4020 September 28, 2018 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319)356-5000 (319) 356-5009 FAX www,lcgov.org A request for extension has been requested for 506 N Linn Street. I EXHIBIT The owner/agent of the property is Prestige Properties LLC. The initial inspection was scheduled for 9/11/2018 . The property was re -inspected on the following dates 10/11/2018 The following Items from the inspection report dated 9/12/2018 have not been corrected: Exterior Painting These items have not been corrected for the following reasons: o Exterior Painting under the mandate of the Historic Preservation Committee and any work to be done needs to be processed and approved, which generally also takes longer than the reinspection window. By the time we have gone through the process of getting the work allowed it will be too far into winter and wet weather to do exterior painting and we will have to wait until a part of the year with more appropriate weather. o The extension will be granted by Erik Tatge with a re -inspection to be conducted on July 1st 2019 upon receipt of signed extension or e-mail acknowledging receipt of letter. o Signature: �' 1 AM '' .. Marie Preryerv� on CQ*�lniesi�la * -.. City Hall, 470E Washington Smet, Iowa City, IA. 52240 CERTIFICATE OF NO MATERIAL EFFECT 506Notth Linn Street On October 10, 2018, the Chair of the Iowa City Historic Preservation Commission and staff conducted a review and approved a Certificate of No Material Effect for the proposed siding and trim repair project at 506 North Linn Street, a contributing property in the Northside Historic District The proposed project includes repairing existing siding and trim on the house. Individual pieces deteriorated beyond repair will be replaced to match existing. The Chair and staff find that the proposed work will have no material effect on the exterior appearance of the property. The project, as stipulated above, is approved, as provided in City Code Section 14-8E-2. Any additional work that falls under the purview of the Historic Preservation Commission that is not specified in this certificate will need a separate review. Historic Review Approval does not constitute final approval for a project Contact the Building Department to acquire a building permit before beginning the project The Historic Preservation Commission does not review applications for compliance with zoning ordinance and building code. Kevin Boyd Iowa City Historic P.reservation.C;A Jessica Blow, w, Historic Preservation Specialist apartment of Development Services Date