HomeMy WebLinkAboutA001 - Staff Report dated March 9, 2011 ITEM #: 2
DATE: 03/09/11
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: February 22, 2011
CASE FILE NO.: ZBA-11-02
REQUEST: To allow a licensed massage therapist as a Special Home Occupation
PROPERTY OWNER: Jeff and Molly Larson
APPLICANT: Molly Larson
LOCATION: 4122 Quebec Street
ZONING: RL (Residential Low Density)
PROJECT DESCRIPTION: This application is to allow a professional massage therapy
business to operate from the home of the applicant/property owner. The home is a one
and one-half story split-level house having 3,020 total square feet of gross floor area, of
which approximately 280 square feet will be used for the business. A detached two-car
garage is located on the property with a 10 foot wide driveway with access to Quebec
Street. In addition to the two car garage, there are four available parking spaces in the
driveway. The home is near the corner of the block and faces single-family detached
residences across the street. The Zoning Board of Adjustment reviews this type of home
occupation because this business is not on the permitted or prohibited list of home
occupations. Moreover, it is similar to a licensed medical practitioner,which is listed as one
category of Special Home Occupations. (See Attachment A for complete list)
The applicant has indicated that the proposed hours of operation will be from 8:00 a.m. to
6:00 p.m., Monday through Friday. All clients will be seen by appointment only.
Appointments are scheduled with 30 minutes between each session. Sessions will last
approximately 60 to 90 minutes on average; therefore, the applicant indicates that it is
likely that no more than one client vehicle will be on the premises in a given hour.
APPLICABLE LAW:
Ames Municipal Code Section 29.1304(3) establishes the criteria for reviewing a Special
Home Occupation permit and describes the finding of fact that the Zoning Board of
Adjustment must address before a Special Home Occupation permit can be granted.
Ames Municipal Code Section 29.1304(3):
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(3) Criteria. All home occupations must meet the following criteria:
(a) Area to Be Used.
(i) The activity shall be conducted in a manner that will not alter the normal
residential character of the premises nor, in any way cause a nuisance to
adjoining residents, nor shall there be any structural alteration to
accommodate the occupation. There should be no emission of smoke,
dust, odor, fumes, glare, noises, vibration, electrical or electronic
disturbances detectable at the lot line that would exceed that normally
produced by a single residence. Special noise exceptions will be allowed
for day care homes due to the nature of the clients using the facility.
(ii) The activity shall be located within the principal building or within an
accessory structure. It shall occupy no more than 25% of the total floor
area of the residence and shall not exceed 400 square feet of an
accessory building.
(b) Signs. Any sign utilized at the home occupation shall be limited to one
flush-mounted sign on the main residential structure, which shall not exceed
one square foot in area. Such sign shall not be lighted and nonreflecting
materials shall be used. The legend shall show only the name of the occupant
and the type of occupation. Color shall be consistent with the residential
character.
(c) Equipment. There shall be no mechanical equipment used except as customary
for domestic household purposes. Any merchandise or stock in trade sold,
repaired, or displayed shall be stored entirely within the residential structure or in
any accessory building. No storage is to be visible from lot lines.
(d) Employment. The activity shall employ only members of the household residing
in the dwelling unless the Zoning Board of Adjustment grants approval for the
employment of up to two non-family members.
(e) Traffic. The activity shall not generate significantly greater traffic volumes than
would normally be expected in a residential area. Not more than 10 vehicular
visits per day shall be allowed. An exception to the number of visits allowed per
day may be permitted for family day care homes and adult day care due to the
number of children or adults allowed on-site and the need for parent or caregiver
contact during the day. The delivery and pick up of materials or commodities to
the premises by commercial vehicles shall not interfere with the delivery of other
services to the area.
(f) Parking Criteria.
(i) Only one delivery vehicle associated with the activity may be parked on
the street near the premises for not more than four consecutive hours.
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(ii) One additional on-site parking space is required above the normal
parking requirements where two or more clients are likely to visit the
premises concurrently.
(iii) No more than four client vehicles during any given hour shall be allowed
on the site. This requirement shall not be construed to prohibit occasional
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exceptions for such events as meetings, conferences,demonstrations,or
similar events that are in no way a nuisance to adjoining residences.
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Class Size. If the home occupation is the t d o
(g) p type in which classes are
instructions given, there shall be no more than four students or pupils at any
given time. The Board may approve up to six students if it finds that the
additional students will not generate additional traffic. Day care homes may have
up to six children or adults at a time. Additional children or adults will require a
Special Home Occupation Permit for a day care center.
(h) Number of Home Occupations. The total number of home occupations within a
dwelling unit is not limited, except that the cumulative impact of all home
occupations conducted within the dwelling unit shall not be greater than the
impact of one home occupation. This will be determined by using the home
occupation criteria.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. In addition, a notice of
public hearing was placed in the front yard of 4122 Quebec Street.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description the following findings of fact and conclusions may be
made:
Findings:
1. The applicant has stated that:
a. There are a total of six off-street parking spaces: four in the driveway and two in
the garage.
b. No changes will be made to the premises.
c. Approximately 280 square feet of the 3,020 square foot home will be used for
the business, which is approximately 9.3% of the total floor area of the home.
(25% is the maximum allowed)
d. No sign is proposed.
e. A massage table will be the only equipment.
f. The applicant, Molly Larson, will be the only employee.
g. The hours of operation will be from 8:00 a.m. to 6:00 p.m., Monday through
Friday and that business will be by appointment only.
h. Appointment length ranges from 30-90 minutes. Most are one hour.The number
of clients will range from three to six daily.
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i. Clients will be instructed to park in the driveway and appointments are
scheduled to provide enough time between appointments to avoid two clients
needing to park at the same time.
j. The property owners have two personal vehicles. Their schedule is such that
neither vehicle needs to be moved during business hours.
k. On-street parking is common in this neighborhood.
2. There are no other home occupations at this location.
Conclusions:
Enough off-street parking exists for residents and one client at a time. Even though on-
street parking is common in this neighborhood, due to the spacing of appointments it
should be unnecessary for clients to have to park on the street. The nature of this type of
single-employee business will prevent the overlapping of appointments. Massage therapy
sessions scheduled within a ten-hour period are unlikely to exceed the allowed 10 visits per
day. The primary area utilized for the business will occupy less than 400 square feet,which
complies with the maximum 25 percent of the total floor area of the residence. Due to the
nature of the business as described in the application, it can be concluded that the
proposed use will not alter the normal residential character of the area.
Therefore, based upon the application as described herein,the ZBA may conclude that the
application meets all applicable criteria of Ames Municipal Code.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for a Special Home
Occupation to allow a licensed massage therapist at 4122 Quebec Street subject to the
home occupation being operated as described herein.
2. The Zoning Board of Adjustment may approve the Special Home Occupation to allow a
licensed massage therapist at 4122 Quebec Street by adopting its own findings of fact
and conclusion.
3. The Zoning Board of Adjustment may deny this request for a Special Home Occupation
to allow a licensed massage therapist at 4122 Quebec Street, if the Board finds and
concludes that the proposed Special Home Occupation is not consistent with adopted
policies and regulations, or that the Special Home Occupation will impose impacts that
cannot be reasonably mitigated.
4. The Zoning Board of Adjustment may table this request for a Special Home
Occupation, and request additional information from City staff or the applicant.
DEPARTMENT RECOMMENDATION:
Based upon the Findings of Fact and Conclusions herein, it is the recommendation of the
Department of Planning and Housing that the Zoning Board of Adjustment act in
accordance with Alternative #1. This will allow the applicant to proceed as a licensed
massage therapist at 4122 Quebec Street subject to the home occupation being operated
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as described herein.
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A*hmemt A
least the L2 standard. Where the setback abuts a Residential Zone,the setback must be landscaped to at least the L3
standard.
(2) Design and Layout. Stacking lanes must be designed to provide adequate on-site maneuvering,
queuing and circulation area,so that stacking vehicles will neither impede traffic on abutting streets nor interfere with
vehicle circulation.
Sec.29.1304. HOME OCCUPATIONS.
This Section is intended to protect residential areas from potential adverse impacts of activities defined as home
occupations;to permit residents of the community a broad choice in the use of their homes as a place of livelihood in
the production or supplementing of personal/family income; to restrict incompatible uses; to establish criteria and
develop standards for the use of residential structures or dwelling units for home occupations. It is not the intent to
eliminate certain businesses and occupations that may be compatible with residential areas.
(1) Permitted,Special and Prohibited Home Occupations.
(a) The following are Permitted Home Occupations:
(i) Home sewing or tailoring;
(ii) Studios for painting,sculpturing,ceramics or other similar arts;
(iii) Writing or editing;
(iv) Telephone answering,scheduling of appointments,and other office activities where
there are limited visits to the home;
(v) Production of crafts such as handiwork, model-making, weaving, lapidary, and
cabinet-making for the purpose of selling the product;
(vi) Tutoring and giving lessons,limited to 4 students at any one time;
(Ord.No. 3591, 10-10-00)
(vii) Catering,home-cooking and preserving for the purpose of selling the product;
(viii) Computer programming, services provided over the Internet and other similar
activities;
(ix) Mail order businesses where products are shipped directly from the supplier to the
customer;and
(x) Offices for architects and engineers.
(b) The following are Special Home Occupations:
(i) Family day care home for the care of six or fewer preschool children and for the care
of five or fewer school age children. The care of school age to before and after school care for
less than two hours at a time. Or in the alternative a d care home for the care of six fewer adults;
(ii) Physicians and of er licensed medical practitioners;
(iii) Barbershops and b* s•
(iv) Small repair shops(including small appliances,mower repair,blade sharpening and
similar uses);
(v) Real estate and related services;
(Ord.No. 3591, 10-10-00)
(vi) Insurance agents;
(vii) Bed-and-breakfast operations;
(viii) Home professional offices,lawyers and members of similar professions,and
(Ord.No. 3591, 10-10-00)
(ix) All other activities not included on either the permitted or prohibited list.
(c) The following are prohibited Home Occupations:
(i) Animal hospitals;
(ii) Dancing studios or exercise studios;
(iii) Private clubs;
(iv) Restaurants;
(v) Stables and kennels;and
(vi) Repair or painting of motor vehicles,including motorcycles.
Sup#2010-1 Chapter 29,Article 13-2 Rev. 1-1-10