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HomeMy WebLinkAboutA001 - Staff Report dated December 14, 2011 ITEM #: 2 DATE: 12-14-11 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: December 8, 2011 CASE FILE NO.: ZBA-11-25 REQUEST: To allow a mystery theatre home business on the property located at 1313 Ridgewood Avenue. PROPERTY OWNER: Susan N. Wolfe APPLICANT: Shelley King LOCATION: 1313 Ridgewood Avenue ZONING: RL (Residential Low Density) PROJECT DESCRIPTION: An application was submitted on November 29, 2011 for a Special Home Occupation Permit to allow a mystery theatre home business at 1313 Ridgewood Avenue.The location is a low density residential neighborhood. Shelley King, the applicant, proposes to start up a mystery theatre as a home business. Her application states that the hours of operation are 6:00 p.m. to 10:00 p.m.,three to four nights in a month. There will be four couples attending on the event night. Ms. King believes that there is demand for this business and it will be the first in Ames. She states that she has never operated such business before but she has attended them several times as a participant and is very familiar with how they operate. The business functions as a social event for the clients centered on a pre-written script that is acted out in the property owner's family room. Ms. King serves as the host and will manage the reservations for the clients. Dinner is not provided, only snacks. Ms. King has ensured that the snacks provided are not required to comply with state health and safety inspections. The business will occupy 450 square feet in the family room of the 2,100 square feet of the house for the mystery theatre event, which is 21.42% of the total area. 1 In conversations with Ms. King, it was stated that the driveway in front of the house can occupy at least four vehicles and up to six, depending on vehicle size. (See attached map showing example parking locations) The site plan that Ms. King submitted shows a driveway along the south property line. However all that remains of the driveway is the curb cut. Ms. King has no intention of restoring the driveway as she believes it is not needed for parking. The owner's two vehicles will be kept in the garage or off-site during the events so the driveway is completely open. According to Ms. King, there will be no need or use for on street parking. While making the reservation, Ms. King will instruct clients that they should pull all the way forward when they park. She will be outside during the arrival and departure times to ensure safe ingress and egress from the driveway. Ms. King has explained to staff that because of the lack of vegetation and the curved lot frontage, there is very good visibility for backing out of the driveway compared to typical neighborhoods with parallel streets. 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"Other activities: A mystery theatre." 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. 2 (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. (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. 3 (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: Mailed notification was made to all owners of property within 200 feet on December 2, 2011. In addition, a notice of public hearing was placed in the front yard of 1313 Ridgewood Avenue. There was one phone call to the City from one of the recipients of the 200 foot notice inquiring about the application. After City staff explained the business the caller had no objection to it. 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 is street parking available, but the applicant is not going to use them. Visiting vehicles are normally limited to up to four parking spaces in the driveway three to four times a month from 6:00 p.m. to 10:00 p.m. There are no courier vehicles for delivery to be used. Personal vehicles will be kept in garages or off site during the event nights. The old curb cut at the southeast corner of the lot will not be used. b. Approximately 450 square feet of the 2,100 total gross square feet in the house will be used for the business. (This is approximately 21.42% of the total floor area of the home, which is within the maximum of 25% of the floor area allowed for the business.) c. There will be no equipment used during the events. d. The applicant, Shelley King, is the only employee of the business at 1313 Ridgewood Avenue. There is a roommate which is not associated with the business. e. No sign is proposed for the business on the premises. f. No other home occupations exist or are proposed at this home business location. 4 g. All activities will take place inside the house. There will be no music or loud activities involved during the event. There will be people with scripts solving a mystery during each event. h. No exterior changes will be made to the premises that will impact the neighboring residences. i. No meal services or overnight stays are provided. j. There will be four couples attending on the event night only. Conclusions: A mystery theatre can become a successful business in Ames. Based upon the above findings, staff concludes that the proposed Special Home Occupation meets the criteria pertaining to: • 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 1313 Ridgewood Avenue. Due to the nature of the business, as evidenced by information provided by the applicant and the information 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 does meet all the applicable criteria, as described in Section 29.1304(3) of the Ames Municipal Code. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a mystery theatre home business at 1313 Ridgewood Avenue, subject to the home occupation being operated as described herein. 2. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow a mystery theatre home business at 1313 Ridgewood 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. 3. The Zoning Board of Adjustment may approve the request for a Special Home Occupation Permit to allow mystery theatre home business at 1313 Ridgewood Avenue by adopting its own findings of facts and conclusions. 5 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 approve the request of the applicant for a Special Home Occupation to allow a mystery theatre home business at 1313 Ridgewood Avenue. S:\PLAN SHR\Council Boards Commissions\ZBA\Special Home Occupation\1313 Ridgewood Avenue-Special Home Occupation-Mystery Theatre Home Business-1 2-14-1 1.doc 6 r � . ?v Subjects ay Property � n �t i \. RIF, y g r 61 S- s �^ Location Map Ns -;'� r 1313 Ridgewood Avenue Map Area 0 25 50 100 150 Feet 7 Nt SZ r GRESG� ' z .. �. /,, o/e r i 9 / / s /% 2 \ y G Example Parking Locations 9 ' Y s, Potential Parking N 1313 Ridgewood Avenue Ma Area ifs J t.. 0 25 50 100 ;:. Feet t..:.::.:.....: ....... 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