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Home My WebLink AboutA005 - Staff Report dated May 11, 2011 ITEM #: DATE: 05/11/11 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: May 5, 2011 CASE FILE NO.: ZBA-11-09 REQUEST: To allow the expansion of an existing home professional office located at 3314 Hoover Avenue PROPERTY OWNER: Becky and Brent Venneman APPLICANT: Becky Venneman LOCATION: 3314 Hoover Avenue ZONING: RL (Residential Low Density) PROJECT DESCRIPTION: The application is for a Special Home Occupation Permit to allow the expansion of an existing home professional office located at 3314 Hoover Avenue. The existing home occupation is a company that provides background check and applicant tracking support to businesses such as hospitals, physician clinics, retailers and manufacturers. A Permitted Home Occupation was approved for this address in 2007. The home is a one story house having 2,161 total square feet of gross floor area. The attached two car garage has 560 square feet of gross floor area, of which approximately 140 square feet will be used for the business. In addition to the two car garage, there are four available parking spaces in the driveway. Currently the business is operated primarily by Becky Venneman, with the occasional assistance from Brent Venneman. Both are members of the household. There is a growing need for the assistance of administrative personnel. The Zoning Board of Adjustment reviews this type of home occupation because Permitted Home Occupations can employ only members of the household residing in the dwelling unless approval for the employment of up to two (2) non-family members is granted by the Zoning Board of Adjustment. The applicant has indicated that the proposed hours of operation will be from 8:00 a.m.to 5:00 p.m., Monday through Friday.All clients are contacted through electronic means only. No clients are expected to visit the location. Traffic increased from the business would only be two (2)to four (4) visits per day by employee(s) that are not residents of the home. APPLICABLE LAW: 1 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): (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. 2 (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. (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 exceptions for such events as meetings, conferences,demonstrations,or similar events that are in no way a nuisance to adjoining residences. (g) Class Size. If the home occupation is the type in which classes are held or 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 3314 Hoover Avenue. 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 140 square feet of the 2,721 square foot home will be used for the business, which is approximately 5.1% of the total floor area of the home. (25% is the maximum allowed) d. Computer, printer, fax, scanner and other typical office equipment will be the 3 only equipment used. e. The applicant, Becky Venneman; her husband, Brent Venneman; and one or two part-time administrative assistants will be the only employees. f. The hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday through Friday. g. Employees will be instructed to park in the driveway. h. The only sign to be used is a sign that may get displayed if anticipating a delivery that may require such identification to be recognized as the proper location. This sign meets the criteria outlined in Section 29.1304(3)of the Ames Municipal Code. 2. There are two Permitted Home Occupations currently at this location. a. Permitted Home Occupation was approved on January 14, 2008 for the current business that provides background check and applicant tracking support to businesses. b. Permitted Home Occupation was approved on May 30, 2003 for website design and independent sales consulting. Conclusions: Enough off-street parking exists for residents and two employees. The nature of this type of business and having only one or two non-family member employees is 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 the applicant to continue her permitted home occupation and to hire up to two (2)non-family member employees at 3314 Hoover Avenue subject to the home occupation being operated as described herein. 2. The Zoning Board of Adjustment may approve the Special Home Occupation to allow the applicant to continue her permitted home occupation and to hire up to two (2) non- family member employees at 3314 Hoover Avenue 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 this business at 3314 Hoover Avenue, 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 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 Special Home Occupation at 3314 Hoover Avenue subject to the home occupation being operated as described herein. SAPLAN_SHR\Council Boards Comm issions\ZBA\Special Home Occupation\3314 Hoover-Special Home Occupation-PrescribeHire-05- 11-1 1.doc n ry ,y f 't3 e y� �Iit+Vinly`, � I'lyl iii! li u VJ V ail z,< 5 H ;a4 4p,� k�uw�-vr.m E•. g, n�j d Subject Property , �..• Z x G •\ '�. ,�p � / tom;' s'. 6 a' 3 Q Qa �Ii dr1�91Pt�i, W 'L gym Location Maps 3314 Hoover Avenue 0 75 150 300 450 600 Feet y 7