Moermond: ultimately it may need an architect.
Sundberg: this is about 200 square feet. What do you expect to put in a box that big?
It has never been that way. You have the drawings of the layout. It is impossible to do
what you are asking. It has been this way for 20 years. It has only been advertised as
a sleeping room with a separate bathroom. Never been promoted as having a
kitchenette. We provide a small dorm sized fridge. No microwave, oven, or range.
That’s how it has been done 20 years. The most recent inspection was 2015 and it was
never brought up. I had 3 prior inspections and it hasn’t been brought up. It is
unreasonable to expect a property that has been this way for 20 years to provide this
when it has never been implied it has this. There is some sort of grandfathering that
would be reasonable. Every tenant has accepted it as is, with appropriate rent. I
understand the kitchen sink has to be separate from the bathroom. Where does code
say it has to have a kitchen in the unit? I would be hard pressed there isn’t another
situation like this in renovated duplexes throughout the City. I think this is an
unreasonable request for the property. Why would this come up after 20 years? I’m not
sure how many times it was inspected prior to our ownership. I understand if it has a
kitchen why it would need to be separate. I just don’t understand why it needs a
kitchen.
Moermond: I don’t have an order saying you have to have a kitchen. I have an order
saying you need a kitchen sink. Which is incomplete. That implies a whole bunch of
things. I am thinking the department is going to amend its orders, and I’m not sure
what those reissued orders will look like. I’m not sure if I do if I would look at it or
someone else would. I understand it has been operating this way, you’ve done so in
good faith. No one is trying to take advantage of anyone. It is neither an apartment nor
a rooming house. That is where the problem lies. Both those cases have kitchen
access. It isn’t a dormitory, that’s for sure. I’d like the Department to clean up its
orders so its expectations are clear and we can talk about what specifically is being
looked for and what deadline we put on it. I’ll keep the appeal open while they do that.
The code is actually really clear on it. I don’t know circumstances of other buildings.
This should have been caught over time, the fact they didn’t doesn’t mean it isn’t a
problem. This isn’t grandfathered in because of an error like this. Ms. Shaff, what are
the department’s plans in terms of orders?
Shaff: I’ll bring this to Supervisor Neis and we will revise the orders to reflect what
would be required and expect it to be out by the end of the week.
Sundberg: if I am reading what Ms. Shaff is saying, you’re going to ask for us to add a
kitchenette in an area that it is physically impossible to do so. The bed and desk or
dresser reduce the area by 50%. For sure 30%. You need a counter, a sink. You have
to have so many feet away. You’re putting that room out of service, it doesn’t seem
fair. I’ll be appealing to City Council.
Shaff: and that’s why we’re here. That’s what this forum is for. I understand. It isn’t
personal.
Moermond: and I haven’t landed on my recommendation yet. I’m saying I know what
the Department needs to do and they haven’t put that order in front of me. I have an
open book on this right now, so you have a chance to add more information at this
level and of course at the Council level after that. There are steps. We can pause,
grant your appeal, and they issue new orders. You win but you lose.
Sundberg: what do you mean by that?
Moermond: you have no kitchen right now. Even if I give that requirement to you, you
still lose because they’re going to come back with orders you need a kitchen. With the
