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Home My WebLink AboutA001 - Staff Report dated June 8, 2011 4 ITEM #: 3 DATE: 06-08-11 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: June 1, 2011 CASE FILE NO.: ZBA-11-14 REQUEST: To allow a licensed professional counseling office at 2507 White Oak Drive PROPERTY OWNER: Stephen & Valerie Bohlen APPLICANT: Stephen Bohlen LOCATION: 2507 White Oak Drive ZONING: RL (Residential Low Density) PROJECT DESCRIPTION: The application is for a Special Home Occupation Permit to allow a business in the home at 2507 White Oak Drive. The applicant, Stephen Bohlen, proposes that he would operate a licensed professional counseling service in his home. The applicant states that he would typically have clients visiting the home for appointments between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday, with occasional evening appointments, and appointments on the weekends only in rare instances. A minimum of 30 minutes will be scheduled between appointments to alleviate any traffic or parking concerns. The applicant would mainly see adult clients dealing with depression, anxiety, and marital issues. It is anticipated that there would be three to four counseling sessions with clients per day. This home occupation requires approval by the Zoning Board of Adjustment because it falls within the category of "home professional offices" under the category of Special Home Occupations. No other home occupations are proposed for this dwelling. The home is a one-story single-family dwelling with a total of 3,257 square feet of gross floor area. The business office would be located in the basement of the house and would occupy approximately 253 square feet of the dwelling. There is a separate outside entrance to the basement located on the east side of the house for use by the business clients. The attached garage includes 616 square feet, none of which is planned for use by the business. In addition to the two parking spaces in the attached garage, there are two additional parking spaces on the driveway between the front of the garage and the sidewalk. 1 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 2 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. (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 2507 White Oak Drive. 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 four off-street parking spaces: two in the driveway and two in the garage. b. No changes will be made to the premises. c. Approximately 253 square feet of the 3,257 square foot home will be used for the business, which is approximately 7.7% of the total floor area of the home. 3 (25% is the maximum allowed) d. Computer, printer, fax, scanner, and other typical office equipment will be the only equipment used. e. The applicant, Stephen Bohlen, will be the only employee. f. The hours of operation will be from 8:00 a.m. to 5:00 p.m., Monday through Friday, with evening appointments approximately once every other week on average, and weekend appointments once every several months only as necessary. Three to four counseling sessions are anticipated per day, Monday through Friday. g. Clients will be instructed to park in the driveway. h. The only sign to be used is a framed sign, 8-1/2 inches by 11 inches, on the outside entrance to the basement for new clients that are not familiar with which door to use as the business entrance. This sign meets the criteria outlined in Section 29.1304(3) of the Ames Municipal Code. i. There are no other existing or proposed home occupations at this address. Conclusions: Enough off-street parking exists for the residents and clients of the business. The primary area utilized for the business will occupy approximately 253 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 Zoning Board of Adjustment may conclude that the application meets all applicable criteria of the Ames Municipal Code. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a licensed professional counseling office at 2507 White Oak Drive 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 professional counseling office at 2507 White Oak Drive by adopting its own findings of fact and conclusions. 3. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow a licensed professional counseling office at 2507 White Oak 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. 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. 4 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 2507 White Oak Drive, subject to the home occupation being operated as described herein. SAPLAN_SHR\Council Boards Commissions\ZBA\Special Home Occupation\2507 White Oak Drive-Special Home Occupation-Licensed Professional Counseling-06-08-11.doc 5 f� Subject s v �t N; Q J b' / �I• yb. 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