Ames appeals board allows five occupants at 3424 Woodland, urges council review of variance options

The Property Maintenance Appeals Board of the City of Ames voted to deem the occupancy limit at 3424 Woodland Avenue impracticable for that specific property and authorized up to five adult occupants for the rental so long as a continuous letter of compliance is held.

Staff told the board that the property’s January inspection identified five compliant bedrooms; a 2021 inspection recorded only two, and later work (permitted separations and basement modifications) made additional rooms habitable. Because the property sits in a neighborhood with an occupancy cap, staff said bedroom counts can increase but allowed adult occupants are limited unless the board or another authority modifies the determination. The owner, Brent, said he relied on inspection notes and pulled permits after being told the work would allow additional sleeping areas. He said he has invested about $25,000 in plumbing to address storm-water drainage and that the altered layout was completed with inspections.

Board members expressed sympathy for the owner’s investment and debated legal standards for impracticability and the risk of setting a citywide precedent. Several members proposed that any relief be explicitly limited to the single property; one member emphasized that a finding should be recorded with the property so future buyers see the determination. After deliberation, a board member moved to find the occupancy limit impracticable for 3424 Woodland and to allow five adult occupants in perpetuity for that property while a valid letter of compliance remains in place. The motion was seconded and carried by voice vote. Staff said rental records would be updated to show five bedrooms and five occupants in the rental system, though assessor and other records may still differ.

Members spent substantial time discussing whether the board should ask City Council to add a variance process or other administrative options to reduce repeated appeals resulting from differences between assessor listings and rental-code criteria. The board requested that staff prepare a memo for council explaining options for a variance pathway, improved interagency record-keeping, and outreach to realtors to reduce future confusion. Staff agreed to prepare the memo and return with options at a subsequent meeting.

The board’s action applies to the 3424 Woodland property only and was tied to the presence of a continuous letter of compliance; staff said the decision can be recorded with the property title and that a future owner who lets the LLC lapse could lose the status.