HomeMy WebLinkAbout~Master - D&O for Special Home Office Use Permit to operate a medical office equipment supply at 327 Hartford Drive L [
CITY OF AMES, IOWA NOV 10 2011
ZONING BOARD OF ADJUSTME
CITY CLERK
CITY OF AMES,IOWA
IN THE MATTER OF THE APPLICATION
CASE NO. 11-10
OF FOLKERTS FOR A SPECIAL HOME
GEOCODE NO. 09-06-380-110
OCCUPATION PERMIT,SECTION
29.1304(3),AMES MUNICIPAL CODE,TO
OPERATE A MEDICAL OFFICE
EQUIPMENT SUPPLY ON THE DECISION & ORDER
PROPERTY LOCATED AT 327 HARTFORD
DRIVE
FACTS
The property at this address is a single family detached home in an FS-RL(Suburban Residential
Low Density) zoning district. The home is a two story home with 3,184 square feet of gross floor
area, and it has an attached three car garage with an additional 848 square feet of floor area. The
owner of this property was observed to have numerous commercial delivery vehicles coming to the
home every day,prompting the City to inquire of the owner about that activity.The owner indicated
that the delivery vehicles were bringing to the home medical office equipment that he sells to others
as his business.When he was advised that he needed a Special Home Occupation permit to conduct
the business, this application followed. The applicant's business is called "ERI, Inc." and it is a
business that sells at retail medical office equipment primarily through its website. Servicing of the
equipment sold is also part of this business. The business buys the equipment from manufacturers,
has it shipped to this residence and then fills orders made online and by phone from the inventory.
The merchandise is then packaged and shipped to the customer via parcel service. There is no walk
in customer traffic.The equipment used in the business is primarily computers and printers,as well
as telephone and fax machines. The business employs the homeowner, and the brother of the
homeowner,who lives at a different residence in another part of the city. The inventory is stored in
the basement,where it occupies 392 square feet of area, and there is an additional 508 square feet
of inventory storage and packaging space in the garage. This totals 900 square feet, which is over
22% of the home's total floor area. The home's driveway has space for three cars to park off the
street,though vehicles are not usually kept there so that delivery vehicles can back up to the garage
to off load their freight. Occasionally, sales representatives come to the home so parking for them
is not of concern, but the employee who lives elsewhere does park in the street daily. The main
source of traffic associated with the business is delivery vehicles, which arrive several times each
dayto either drop off or pick u deliveries. The liveries a often large enough that the come on
e p p c p s. e de are g gh y
pallets and require a pallet jack to off load, so the vehicles may be at the home more than
momentarily. There is no sign for the business and there are no other home occupations at this
residence.
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DECISION
The Board considers the standards applicable to Special Home Occupations under the provisions of
the zoning ordinance in light of the evidence presented. In this case, the Board has received
uncontroverted testimony that the applicant has a thriving medical equipment sales and servicing
business, one which requires delivery vehicles coming to the neighborhood multiple times every
weekday and to which substantial space in this large home is devoted. The Board's concerns are
whether this business meets the standard regarding the area to be used. This business has nearly
reached the maximum percentage of space which can be devoted to a business in a residence, and
the volume of commercial traffic to the home far surpasses that of other residences.However,if this
growth continues to go slowly, it may yet be a while before the business outgrows this location.
Forcing it to move to a commercial location immediately does not appear to be required.The Board
determines that the applicant fully meets the standards for signs, equipment, client parking and
number of home occupations and classes. The standards which are a closer question are area to be
used, traffic and employment. The Board determines that the applicant does presently meet these
standards, and to assure that continues,conditions can be attached to any permit granted to provide
for limits on these most visible impacts of this business and which will allow for an assessment of
the ability of this business to comply with the ordinance going forward.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is Granted a Special Home Occupation
Permit, Section 29.1304, Ames Municipal Code, to allow a medical equipment sales and service
business,with the following stipulations:
1. That one employee, Joel Folkerts,who is not a resident of this home may be employed
at this business;
2.That the applicant shall leave two off-street parking spaces open at all times to allow for
brief occasional use by delivery vehicles;
3. That the hours of operation be limited to 7:30 a.m.to 5:30 p.m.,Monday through Friday,
with no delivery vehicle visits to the house allowed outside of those hours of operation;
4. Delivery vehicle visits to the site are limited to the following:
a. No more than 20 deliveries per week;
b. No more than one straight truck vehicle visit per week; and
c. No semi truck deliveries are allowed.
5. This home occupation will expire in one year, and the applicant will be required to apply
for a new permit to continue operations after one year.For the month prior to filing the
new application,the applicant shall maintain a log of the number of delivery vehicle trips
to the house,the type of truck, and the time of visit, and shall submit that log to Planning
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and Housing as a part of the record for the new permit application. The applicant must
also at that time submit a drawing with measurements and photos documenting the total
floor area of the residence used for the business,
all for the property located at 327 Hartford Drive.
Any person desiring to appeal this decision to a court of record may do so within 30 days after the
filing of this decision.
Done this 10' day of August, 2011.
Emily B on Bruce Calhoun
Secret to the Board Chair
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