HomeMy WebLinkAboutA001 - Staff Report dated June 8, 2011 ITEM #: 4
DATE: 06-08-11
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: June 3, 2011
CASE FILE NO.: ZBA-11-10
REQUEST: To allow a medical office equipment home business on the property located
at 327 Hartford Drive, and to allow the employment of a family member who
does not reside at this address.
PROPERTY OWNER: Brett J. Folkerts
APPLICANT: Brett J. Folkerts
LOCATION: 327 Hartford Drive
ZONING: FS-RL (Suburban Residential Low Density)
PROJECT DESCRIPTION:
The application is for a Special Home Occupation Permit to allow a medical office
equipment home business at 327 Hartford Drive, (operating as ERI, Inc.)and to allow the
employment of the property owner's brother who does not reside at this address.
This is a business operating as a retail store and service center in a single-family
residential neighborhood. The business was brought to the attention of the City by a
neighboring property owner, Andrzej Janus, at 324 Hartford Drive . Complaints were
received by the Department of Planning and Housing from Mr. Janus concerning the
number and frequency of courier vehicles that visit the site. Mr. Janus continues to observe
multiple deliveries to the subject property on a daily basis.
Mr. Janus states that "FedEx delivery trucks, UPS and others make deliveries several
times a day, sometimes having several trucks at the same time on the driveway and on
the street — honking, slamming wooden pallets, and making other havoc like in a
warehouse." This neighbor, whose property is directly across the street from the
driveway for 327 Hartford Drive also states, "You need to know that the delivery trucks
from FedEx do damage to the grassy area between the street and the sidewalk(it's what
some people call `parking) by driving on it. What most drivers do, they want to back up
in the driveway, so they drive close to the curb on the street, turn the wheels and back
up, often riding on the grass with their front wheels. How do I know this? 1 have seen it,
they had done it to the grass I take care of
1
In response to the complaints, City staff sent a letter to the property owner that included
an application packet for a Special Home Occupation Permit. The property owner
(Applicant) has completed the application and submitted it to the City Clerk's Office for
consideration by the Zoning Board of Adjustment. According to Joel Folkerts(brotherof
the Applicant and employee of the business),the business has been in operation at this
address since August, 2010.
"ERI, Inc." is a retail business that sells medical office equipment and supplies on-line
through this website: http://www.eri-iowa.com. As shown on `AttachmentA"from the ERI
website, the business hours are listed as 7:30 a.m. to 5:30 p.m. and the mailing/ship to
address is listed as 327 Hartford Drive. The application submitted states that the hours of
operation are 7:00 a.m. to 6:00 p.m.,with deliveries between 8:30 a.m. and 5:30 p.m. This
is a thriving business in Ames that sells several types of medical equipment and supplies
described in detail on their website and listed as follows:
• Black and white thermal paper;
• Color print packs;
• Ultrasound accessories;
• Black and white printers;
• Color printers;
• Displays;
• Recorders; and,
• Handheld Dopplers.
The business occupies 392 square feet of the unfinished basement forthe business office,
which includes two desks with computers and printers, an area for the storage of medical
office equipment sold by the business, and an area for the servicing of medical equipment.
Please refer to `Attachment B"for more information from the ERI website on the repair
services offered at the site. A large portion of the 3-car garage, including 508 square feet
of the 848 total area (59.90%), is used for the storage of merchandise and for the
packaging of merchandise for shipping to their customers. The house includes 3,184 total
gross square feet of living area in the basement and the two floors above. The total gross
area of the house, including the garage, is 4,032 square feet. The business occupies 900
square feet, which is equal to 22.32% of the total gross floor area.
The driveway is wide enough to park three vehicles at one time as it provides access to a
two-car garage and a single-car garage spaces. Delivery vehicles use the driveway for
backing up to the garage doors. There is no need for customer parking in the driveway
since customers do not visit the site. Sales representatives come to the business site
approximately once every six months. It is reported by Andrzej Janus, the resident and
owner of property directly across the street at 324 Hartford Drive, that the vehicle for the
business owner and others are always parked either in the driveway, and/or on the street,
but not inside the 3-car garage.
This business offers excellent customer service by shipping products purchased by the
customers on the same day that the customers place the order. If the order is received by
4:00 CST the order will be shipped the same day. Please refer to `Attachment C"as found
2
on the ERI website.
In a phone conversation with Joel Folkerts, contact person for this application, it was stated
that deliveries occur in the morning by Fed Ex Ground, FedExAir, UPS,and the U.S. Postal
Service. Joel Folkerts states that there are not more than two deliveries in the morning by
all couriers combined. The deliveries consist of one to ten boxes of equipment/supplies
per delivery and the boxes delivered range in size from a shoe box size to a box that is
12"by 12" by 10" and weighs up to forty pounds. It was stated in the phone conversation
that courier vehicles from the same companies return in the afternoon to pick up boxes that
ERI is shipping to its customers. The number of packages shipped in the afternoon varies
from ten to thirty packages with an average of twenty packages for each pick up made at
the business. For the loading of packages to be shipped in the afternoon, the courier
vehicles back up into the driveway and up to the garage door. The deliveries and pick up
of packages for shipping are made by the standard Fed Ex and UPS courier vehicles. The
loading of vehicles typically takes no more than five minutes.
Once everyone to two weeks, a straight truck, the size of a large moving van,delivers one
to two pallets of equipment for unloading with a pallet jack into the garage. This unloading
typically takes no more than fifteen minutes. Once every six months, approximately,a full-
size semi-truck delivers equipment to the business. According to Joel Folkerts, efforts are
made for the semi truck to deliver the equipment to another commercial site in Ames where
the products are unloaded into pickup trucks for ERI. However, it is not always possible to
avoid deliveries by semi-truck to the site.
The Zoning Board of Adjustment reviews this type of home occupation because it is
included in the category of Special Home Occupations described as follows: "All other
activities not included on either the permitted or prohibited list." The applicant has listed
the type of Special Home Occupation falling in the category of"Home professional offices,
lawyers, and members of similar professions, excluding physicians and other licensed
medical professionals." However,this is a retail business that sells products to customers
that place orders online, and services medical office equipment in the home at 327
Hartford Drive for its customers. The Zoning Board of Adjustment is also reviewing the
proposed home occupation because the applicant employs a person who is not a member
of the household. Section 29.1304(3)(d) of the Ames Municipal Code specifies that "the
activity shall employ only members of the household residing in the dwelling unless
approval for employment of up to two non-family members is granted by the Zoning Board
of Adjustment."
3
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):
(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
4
interfere
the premises by commercial vehicles shall not e rfere 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.
(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:
5
Findings:
1. The applicant has stated that:
a. There are a total of three off-street parking spaces in the driveway. Customers
of the business do not visit the site. Visiting vehicles are normally limited to
courier vehicles. There are courier vehicles that deliver equipment and other
merchandise to the business on a daily basis and use the driveway for unloading
and pickup. Delivery vehicles reside for no longer than fifteen minutes,which is
within the allotted time allowance for the "parking criteria."
b. Approximately 900 square feet of the 4,032 total gross square feet in the house
is used for the business. (This is approximately 22.32%of the total floor area of
the home, which is within the maximum of 25% of the floor area allowed for the
business.)
c. Computer, printer, fax, scanner and other typical office equipment will be the
only equipment used. There was no information provided by the applicant to
explain if there is mechanical equipment used in the serving of the medical office
equipment, except as is customary for domestic household purposes.
d. The applicant, Brett J. Folkerts, and his brother,Joel A. Folkerts, (who does not
reside in the home) are the only employees of the business at 327 Hartford
Drive. (Approval by the Zoning Board of Adjustment is required to allow the
employment of Joel A. Folkerts at the home business location.)
e. The hours of operation are listed as 7:00 a.m. to 6:00 p.m. in the application,
and as 7:30 a.m. to 5:30 p.m. on the website for ERI, Inc.
f. No sign is proposed for the business on the premises.
g. No classes nor instructions are offered at the home business location.
h. No other home occupations exist or are proposed at this home business
location.
i. Deliveries by courier vehicles occur each morning and pick up of products sold
by the business occurs each afternoon, Monday through Friday. In addition,
deliveries by a Forward Air (a straight truck the size of a large moving van)
occurs as frequently as once per week and deliveries by a semi-truck and trailer
occur as frequently as once every six months.
j. No changes will be made to the premises that will impact the neighboring
residences.
6
Conclusions:
ERI, Inc. is a thriving Ames business that is experiencing a great deal of success, as
evidenced by the commercial traffic generated in the immediate vicinity of the home
business location. The business owner has effectively offered customers throughout the
United States, as well as internationally, medical office equipment and supplies through the
use of the ERI website. The demand for their products and service is high given the need
for daily deliveries to and shipping from the business location.
Based upon the above findings, staff concludes that the following criteria for a Special
Home Occupation have been met:
• Parking;
• Percentage of the total floor area of the residence used for the home occupation;
• No signs are proposed;
• No classes are held, or instructions given; and,
• There are no other home occupations at 327 Hartford Drive.
However,the business generates significantly greatertraffic volumes of commercial courier
vehicles than is customary and appropriate for a single-family residential neighborhood.
The frequency of visits, the size of some of the commercial vehicles, and the disruption
caused by these courier vehicles to surrounding properties alters the normal residential
character of the premises, as evidenced by the complaints received from the neighboring
property owner. Noises are not to be detectable at the lot line that would exceed that
normally produced by a single residence (See Section 29.1304(3)(a)(i) of the Ames
Municipal Code.). The property owner across the street at 324 Hartford Drive reports
significant noise from vehicles and the moving of pallets used in the delivery of products to
the site.
Due to the nature of the business as evidenced by information provided by the neighboring
property owner, information in the application and information obtained from the ERI, Inc.
Webster, it can be concluded that the proposed use will alter the normal residential
character of the area.
Therefore, based upon the application as described herein, the Zoning Board of
Adjustment may conclude that the application does not meet the applicable criteria for the
"Area to be Used", as described in Section 29.1304(3)(a)(i) and the applicable criteria for
"Traffic", as described in Section 29.1304(3)(e) of the Ames Municipal Code..
7
ALTERNATIVES:
1. The Zoning Board of Adjustment may deny this request for a Special Home Occupation
to allow a medical office equipment home business (ERI, Inc.) at 327 Hartford Drive, 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.
2. The Zoning Board of Adjustment may approve this request for a Special Home
Occupation to allow a medical office equipment home business (ERI, Inc.), and to hire
one (1) non-family member employee at 327 Hartford Drive, subject to the home
occupation being operated as described herein.
3. The Zoning Board of Adjustment may approve the request for a Special Home
Occupation Permit to allow a medical office equipment home business(ERI, Inc.), and
to hire one (1) non-family member employee at 327 Hartford Drive by adopting its own
findings of facts and conclusions.
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 deny the request of the applicant for a Special
Home Occupation to allow a medical office equipment home business (ERI, Inc.) at 327
Hartford Drive.
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