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HomeMy WebLinkAboutA11 ITEM # 3 DATE: 4-25-12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: April 16, 2012 CASE FILE NO.: ZBA-12-05 REQUEST: To allow an internet firearm sales home business on the property located at 4809 Utah Drive. PROPERTY OWNER: Greg Seaton APPLICANT: Greg Seaton LOCATION: 4809 Utah Drive ZONING: RL (Residential Low Density) PROJECT DESCRIPTION: An application was submitted on February 7, 2012 for a Special Home Occupation Permit to allow an internet firearm sales home business at 4809 Utah Drive. The location is a low density residential neighborhood. Greg Seaton, the applicant, proposes to start up an internet firearm sales office as a home business. His application states that the proposed business is to be a small part-time venture to allow extra monthly income. The business consists primarily of use of the internet for the sale of legal firearms which includes hunting rifles and shotguns. The transfer of firearms, as required by law, will be conducted at 4809 Utah Drive. Other activities include mail orders, offsite trade shows, and shipping items to or from other licensed dealers for trades. The business could also involve repair work and customizing of firearms. According to the application, there will be minimal amount of merchandises on the premises at any given time. The proposed hours of operation are to be 4:00 p.m. to 8:00 p.m., Tuesday through Friday, by appointment on Saturday and Sunday or other times depending on the availability. The business will occupy 698 square feet in the lower level of the 3,202 square feet of the total house, which is 21.79% of the total area. Mr. Seaton also states in his application that there will be no changes made to the site or to the exterior or interior of the building. Most of his work is computer related and will take place in an existing room/office in the lower level. According to the application, the internet firearm sale business would be the second 1 home business from the house. The real estate appraisal home business is conducted by Mr. Seaton himself using the same office, which does not require any additional equipment or signage. (A home occupation permit for this location was approved on April 2, 2012.) Mr. Seaton also states that the approval of the Zoning Board of Adjustment is required in order to obtain his Federal Firearms License (FFL)from the Bureau of Alcohol, Tobacco, & Firearms (ATF). The Police department, as long as the applicant meets all his permit requirements to sell firearms, sees no issues or concerns. There are different permits for different types of firearms. As far of being aware of any other instances elsewhere in the past, we have had officers on our Department and officers from other agencies who live in our community that have their permit to sell, but don't run a business from their home. The Fire department also has no concerns based on the fire codes. 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: Internet sales of Rifles, Shotguns, and Firearms." 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 bllowing 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 2 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. (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. 3 PUBLIC COMMENTS: Mailed notification was made to all owners of property within 200 feet on April 11 , 2012, 2012. In addition, a notice of public hearing was placed in the front yard of 4809 Utah Drive. On March 8, staff spoke with a neighbor, Angela Soukoulis of 1016 Idaho Avenue. Mrs. Soukoulis indicated her opposition to the proposal due to her concerns of safety and proximity to the school. On March 9, staff received a phone call from a neighbor who strongly objects since this is a quiet, family neighborhood with university professors and young children. She doesn't think firearm sales are appropriate for this neighborhood or in any residential neighborhood. She is concerned that it is located near a school which is not appropriate for the sale or repair of firearms. A number of written comments have been received. These are included with this report. 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. The business will not involve drop-in customers. Most contacts will be by appointments and, therefore, are easy to regulate. One or no customer vehicles are expected. Commercial delivery vehicles might be expected once a week. No additional parking is required. The proposed hours of operation are 4:00 p.m. to 8.00 p.m., Tuesday through Friday, by appointment on Saturday and Sunday, or other times depending on the availability. b. Approximately 698 square feet of the 3,203 total gross square feet in the house will be used for the business. (This is approximately 21 .79% 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 special equipment used for the home business. The anticipated types of gunsmithing that the applicant proposes will use ordinary hand tools. Most work will involve swapping out parts and installing accessory parts. d. The applicant, Greg Seaton, is the only employee of the business at 4809 Utah Drive. e. No sign is proposed for the business on the premises. 4 f. Apart from the internet firearm sales business, he also runs a real estate appraisal business from his home. g. All activities will take place inside the house. There will be no noise or loud activities involved. h. No exterior changes will be made to the premises that will impact the neighboring residences. i. There will be minimal amount of merchandises on the premises at any given time. Any merchandise repair work can fit easily in a small room at the lower level. j. Out of the six existing vehicles parked on-site and off street parking (Corvette, Mazda, Chevy pickup, Honda Civic, Golf Cart on Trailer, and Volvo) the applicant has agreed to sell 2 vehicles (Corvette and Golf Cart on Trailer) and put Honda Civic and Mazda in the double garage and Chevy Pickup on the driveway, leaving one on-site parking for the customer parking. Conclusions: 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 is one other home occupation at 4809 Utah Drive, but there are no other employees. 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 meets all the applicable criteria, as described in Section 29.1304(3) of the Ames Municipal Code. OTHER CONSIDERATIONS: Staff appreciates that this type of merchandise may be of concern to neighbors. This is evidenced by the number and nature of responses that the City has received. However,the Board has been presented with at least five of these types of businesses in the past twenty years and has approved them. Those approvals have been with conditions similar to those 5 noted below. There have been no zoning or police enforcement issues with those businesses that have been approved. The City ordinance concerning home occupations is to allow limited amounts of businesses in residential neighborhoods. These businesses are to be, for the most part, invisible to the neighbors with limited traffic, deliveries, signage and employees. Special Home Occupation Permits allow for commercial sales with the approval of the Zoning Board of Adjustment. The conditions that the Board can impose are intended to ameliorate any impacts that the business is expected to have on the neighborhood. ALTERNATIVES: 1 . The Zoning Board of Adjustment may approve this request with the conditions mentioned below for a Special Home Occupation to allow an internet firearm sales home business at 4809 Utah Drive, subject to the home occupation being operated as described herein. The conditions are as follows: i. That the applicant complies with all Federal, State, and local firearms licensing and reporting requirements; ii. That the business operates by appointment only; iii. That the hours of operation for the firearms dealer's license be limited to 4:00 p.m. to 8:00 p.m., Tuesday through Friday, by appointment on Saturday and Sunday or other times depending on the availability; iv. That all customers be instructed to park in the driveway and to accomplish this, the owner is restricted to keeping no more than four vehicles on site; V. That if there is advertising, that all advertising, including any listing or advertisement in the "Yellow Pages" of the telephone directory, include a statement that the business will be done by appointment only; vi. That there be no sign for the business; vii. That it is understood that this is a special order firearms and sporting goods sales business; that all sales stock be kept in a secure gun safe as part of the business; and that no ammunition sales be included as part of the proposed home occupation; viii. That the firearms portion of the business shall not commence until the city has received proof that a Federal firearms license has been obtained; ix. That this permit shall expire after one year; all for the property located at 4809 Utah Drive. 2. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow an internet firearm sales home business at 4809 Utah 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. 3. The Zoning Board of Adjustment may approve the request for a Special Home Occupation Permit to allow an internet firearm sales home business at 4809 Utah Drive 6 by adopting its own findings of facts and conclusions and imposing its own conditions. 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 an internet firearm sales home business at 4809 Utah Drive with the specific conditions. SAPLAN_SHR\Council Boards Commissions\ZBA\Special Home Occupation\4809 Utah Drive-Special Home Occupation-Internet Firearm Sales Home Business-04-25-12.doc 7 �. A Zip � 011"LAHONIA DR Mom... :.. \ .. w t � Subject '' Property UTAH DR ii .9�`r � N.w ��'� �➢. r y 2 r WA. 4 Apt Location Map " 7 - 4809 Utah Drive Subject Property Prepared by Planning and Hoeing Department N Map Prepared. 3/02/2012 0 65 130 260 Feet s s � R �s �.,...,4L.. VS,,.. 9 COMMENTS RECEIVED AS OF APRIL 19 Dear Mr. Kuester, Reference is made to the request by Gregory Seaton in regard to a special home occupant permit to allow a firearm sales home business. My wife and I reside at 1004 Idaho Ave. and feel okay with the firearms sales. Our question is how many people now live at this address? We believe parking could be a problem. We walk by Mr. Seaton's home and notice a car and trailer with golf cart in his garage as well as two vehicles in the driveway and one pickup and one car parked in the street. We also hope that the room provided for deliveries is well secured. Thank you for your time. Dennis E. Gano Mr. Kuester: We are Lindy and Larry Huisman and live at 4822 Utah Dr. We have concern about the home based business being reviewed for approval at 4809 Utah Dr. 1: We have concerns about the increased traffic this will bring to our quiet neighborhood. 2: This house has a parking problem. Today for example there were two cars in the driveway and at least two on the street. It is our understanding there is at least one more car in the garage and a golf cart on a trailer. If his customers must park in the driveway then the household will park one or more additional cars on the street. This is too much street parking in our neighborhood. We can not attned the meeting on this zoning change since we will be at the Mayo Clinic that day. Thank you: Larry and Lindy Huisman Charlie My reading of the report is that, given similar businesses have been approved elsewhere in Ames with no apparent problems, it is likely the permit application will be approved and so seeking concessions or probationary status may be more productive. nevertheless, even if the likelihood that the permit will be denied is slight, the neighbors do have concerns I would prefer 1) a one-year probationary permit where the business can be evaluated by neighbors for time of business (the application specifies when business will be conducted) volume of sales -- the business plan limits this to aprt time and taking no more than 25% of the residence nuisance--there should be very limited walk up and parking related to the business 10 2) To insure the nuisance to neighbors from customers or deliveries in minimal and to insure safe transfer of ownership, can we ask that deliveries all occur at the FEDEX or UPS business and not in the neighborhood. I think the biggest concern is that somehow the wrong person(s) would end up with the delivery. 3) I was relieved to learn that the storage area was quite secure--I thought it would be useful that the neighbors get a note from the business operator that specifies how he plans to conduct the business in ways that minimize any nuisance to the neighbors . Maybe he already did that, but he certainly should after the fact. thanks Peter Peter F. Orazem University Professor of Economics Department of Economics 267 Heady Hall Iowa State University Ames IA 50011-1070 RE: Special Occupation Permit for 4809 Utah Drive. Greetings Mr. Kuester, We reside at 4819 Utah Drive and would like to share our concerns about the proposed special occupation permit for 4809 Utah Drive. Although we have no problem with individuals purchasing or owning guns, a business which stocks and sells firearms and is located in a residential district brings to mind the following concerns: • Since the business and the address will be advertised it would seem to have a higher potential for robbery. It does not appear that the house has any special security provisions such as an alarm system or video surveillance. We also have several families with small children who have recently moved into the neighborhood. We view this as a safety concern for those families. • The owner currently has a home business for which we don't believe he has a special occupancy permit. He has operated this business since he moved into the neighborhood, a number of years ago, and if he didn't feel it was necessary to comply with city regulations until now it causes us to wonder how well he will abide by the statements he has made in his application. • In the conditions for approval it states that customers will be instructed to park in the driveway. The applicant currently has more vehicles than can be parked in this driveway. Currently two vehicles are parked in the garage, two in the driveway and an additional two on the street. Those parked on the street are not generally moved as prescribed in the city parking regulations and are a problem for traffic and snow removal. Utah Drive is a typical two lane road and if a car is parked on the opposite side of the street while his vehicles are on his side the street is almost impassable. Asking customers to park in the driveway will not work if he has vehicles parked there. They could pull into the driveway but would block the sidewalk. • The applicant does not generally remove snow from his sidewalk, as the city regulations prescribe. This creates a hazard for foot traffic and would also be a problem for customers. 11 • We are also concerned as to the effect it will have on our property value and how prospective buyers would view having a firearm dealer as a neighbor. We certainly don't view this as an improvement to our neighborhood and feel that this type of business should be in a commercial district not a residential neighborhood. In summary, We ask the board of adjustments to strongly consider our concerns and those of the other families in the neighborhood. Thank you for your consideration, Bill & Carolyn Holt Thanks very much for meeting with my wife and me last Monday. We have reviewed the report that you provided us during that meeting and have the following comments: 1) Mr. Seaton clearly violated an Ames regulation to obtain a Special Home Occupation Permit for the business that he has been operating for many years. The fact that he ignored an Ames regulation for many years is one more example of why he should not be allowed to start a second home business. Based on his past performance, there is no reason to believe that Mr. Seaton will abide by the City of Ames' regulations or the statements he has made in his application. 2) It is impossible for Mr. Seaton to meet the City of Ames' fourth condition for operating a home business, namely customers will be instructed to park (off the street) in his driveway. With five vehicles plus a golf cart and trailer, he can't meet this condition without parking more of his vehicles in front of other people's property. He keeps one car(the Corvette) and the golf cart with trailer in his two-car garage, two other cars (Mazda and Honda) in his driveway, and his Chevy pickup truck and a Volvo on the street (Utah). One of his vehicles is currently parked most of the day in front of our property. Any visitors will just put more vehicles in front of Mr. Seaton's neighbors' property. 3) When UPS or other delivery services make a delivery to Mr. Seaton's house, they double park in front of Mr. Seaton's house rather than park further away. Even though the actual deliveries generally take only a few minutes, they often effectively block Utah while the actual delivery is being made. 4) It is apparent that the City of Ames will NOT be monitoring Mr. Seaton's business based on your comments during our meeting on Monday. Once Mr. Seaton obtains his permits, he is on his honor to follow the conditions specified by the City of Ames, but no one will be checking to make sure that he does. 5) We find it hard to believe that Mr. Seaton won't sell ammunition on occasion since no one will be monitoring his actions. 6) If this business was located in commercial environment, a normal business would have one or more security systems (gun vault, video security system, alarm system, etc.). We don't believe that Mr. Seaton has installed any type of security system and is relying on a typical hollow core door to a closet or utility room for storage. According what you told us, the City of Ames has NOT inspected his house for adequate security. 12 7) To the best of our knowledge, the City of Ames has NOT required Mr. Seaton to have or maintain an umbrella insurance policy protecting himself from law suits brought by customers and/or others who are injured on Mr. Seaton's property especially since Mr. Seaton rarely, if ever, removes snow and ice from his sidewalks and driveway. 8)Mr. Seaton's proposed business venture has the potential to bring undesirable people, including criminals, into our residential neighborhood. 9) What records, including NCIS contacts, will Mr. Seaton be required to keep and who will check these records for accuracy? In talking with an official of a nearby city yesterday, we were surprised to learn that, aside from Des Moines, no other nearby community allows firearm sales within its city limits. Maybe these communities care more about their residents than Ames appears to care. Finally, we believe that Mr. Seaton's gun sales will have a substantial negative impact of both property values and the number of potential home buyers if Mr. Seaton's application is approved. Once again, we formally request that Mr. Seaton's application be rejected. Hello, I am sending this email in support for the citizen of Ames who will be applying for the Special Home Occupation Permit in order for running a firearms related business out of his/her residential home. It is my understanding that there are/is petition(s)being distributed legally or illegally by a group of parents or a PTO organization(s) of a local elementary school. This petition apparently sites that this citizens home run business will be a safety concern to children of the school because it is related to firearms and it will be located within 0.6 miles of an elementary school. Even though there is a commerical business that sells firearms and ammunition approx. 1 mile from this same elementary school (Jax Mercantile), two registered sex offenders within one mile of Sawyer Elementary(iowasexoffenderregistry com), and a large scale coorporate retail store that sells ammunition/firearms related equipment within a half mile or so of three public elementary schools and one private school in north Ames (Walmart). Please take these items into consideration when making the decision for the Special Home Occupation Permit for this Ames citizen. Thank you, Daniel Nyren 1909 Roosevelt Ave Ames, IA 50010 Zoning Commission, City of Ames I am expressing my disapproval to re-zoning of property 4809 Utah Drive. It would be unsafe for me and my grand children to be around the neighborhood due to traffic. Furthermore, parking and neighborhood congestion would be a problem, too. If approved, such zoning would drive my property value down. For these reasons, I am expressing my disapproval to rezoning the property on Utah Drive. 13 Thank you Caroline S. Faisal, 4934 Utah Drive, 3/14/12 2320744 Charlie Kuester, We are writing to express our strong opposition to Mr. Greg Seaton's request for a zoning adjustment in our neighborhood. We feel that his request to have a Special Home Occupation Permit to conduct Internet firearm sales carries a risk to the safety of our neighborhood. There are families with very young children who live within the block who may be impacted by the trafficking of firearms. We intend to attend the meeting of the Zoning Board of Adjustment to demonstrate our opposition in person and have had to readjust our schedules because the hearing has been postponed. Please keep us posted as to when it is rescheduled. Sincerely, Lou and Cosette Scallon, 812 Idaho Ave. Hello, Mr. Kuester, I'm sending this email to express my concern about a pending application for selling guns in the Spring Valley neighborhood. We bought our house in Spring Valley almost 8 years ago because the neighborhood was free from much traffic and so quiet. No one proceeds down Utah Drive, which turns into Idaho Avenue, except for the families who live there and people visiting them. This sense of calm and quiet will be disrupted with the retail sale of firearms if Mr. Seaton obtains his permit. I have a problem with that. I believe the city of Ames should not issue permits to sell internet guns in residential neighborhoods. If someone wishes to buy a gun, JAX operates a retail outlet less than one mile south of here. It is in a commercial area right on Lincolnway, and there's no need to issue a permit to an individual in a neighborhood of family-owned homes. There is little oversight on the part of the city and the ATF once his application is approved. Since Mr. Seaton has been operating an appraisal business out of his home for years without the required Special Home Occupation Permit, it's obvious he doesn't think he needs to "play by the rules." I have a problem with that also. I understand the meeting of the City of Ames Zoning Board of Adjustment scheduled for April 11 has been postponed. I had planned to attend and voice my support against the approval of Mr. Seaton's application. I want my voice added to all the others who are speaking out against this proposal. Respectfully, Jean Morz 14 I am opposed to this as are a large percentage of the neighborhood. Please deny the Permit. Sincerely, Walter K. Morz As most of you are probably aware, Mr. Greg Seaton, at 4809 Utah Drive, has applied for a Special Home Occupation Permit in order to conduct Internet firearms sales out of his home. Mr. Charlie Kuester, of the City of Ames Planning and Housing Department, has written a report supporting this application for the Zoning Board of Adjustment, which will meet at 7:00 pm on April 11 to consider Mr. Seaton's application 8 March 2012 Dr. Costas M. Soukoulis Distinguished Professor of Physics Mrs. Angela Soukoulis Homemaker 1016 Idaho Ave. Ames, Iowa 50014 515-292-7581 Re: Application of Gregory S. Seaton for permission to sell firearms from his residence, 4809 Utah Drive,Ames, Iowa 50014, through the Internet. We, at 1016 Idaho Ave., DO NOT support this application for firearms home business for the following reasons: • This is a FAMILY-oriented neighborhood. • Small children play outside throughout the year and bicycle in the streets. • People like to walk safely in the neighborhood. • Will lead to questionable traffic that could include other unscrupulous types of behavior. • What kinds of people will come through the neighborhood and at what times of day or night? • Truck deliveries with guns could lead to gang people infiltrating the neighborhood. • Property values will drop. Who wants to live next door to a gun dealer? • If he wants to open this business, he should go to an area zoned for business purposes. 244 I have lived in this neighborhood for 23 years. He lives 400 feet from our house. I never thought I would hear someone wants to sell guns and have customers visit the neighborhood, To me, it is unthinkable. 15 March 13, 2012 To: City of Ames Zoning Board of Adjustment I write to voice my strong objection to granting the request by Gregory S. Seaton, 4809 Utah Drive, Ames, IA 50014, for a Special Home Occupation Permit to allow an internet firearm sales home business. I ask the Zoning Board of Adjustment to carefully consider the following arguments before making a decision. • The Seaton home is in a residential area and would not be an appropriate location for such a commercial business. • Residents would not feel safe having this type of business in their neighborhood where school children walk by the home and play in the vicinity. • Visits from customers and delivery trucks would certainly increase traffic on Utah and present a potential safety hazard for nearby residents. • There is little parking space available since the garage and driveway are usually fully occupied by Seaton vehicles; street parking is very limited in front of their house. • If no one is available to receive deliveries, firearm packages may have to be left at the front door or diverted to a neighbor creating another potential safety hazard. For all these reasons, I request unanimous denial of this permit for a firearms business to Gregory S. Seaton at 4809 Utah Drive because approving such a commercial enterprise would materially infringe on the quality of life in this residential neighborhood. Sincerely, kz'I e� Elaine Dekovic 4814 Utah Drive Ames, IA 50014 515-296-2961 16 March 11, 2012 Zoning Board of Adjustment City of Ames 515 Clark Ave. Ames, IA 50010 RE: Application of Gregory S. Seaton of 4809 Utah Drive for a Special Home Occupation Permit As the adjacent property owners immediately to the east of the applicant's property, we strenuously urge the rejection of the above application for a number of reasons. Although we are NOT anti-gun ownership for hunting and target shooting, we do feel that the proposed business would be better located in a non-residential neighborhood rather than one where children are present. We will be the people most impacted if this application is approved. We are also concerned about the potential decrease in personal safety, potential decrease in property value, potential decrease in the future number of buyers when we decide to sell our home, and potential increase in crime. A more detailed list of current conditions and our concerns are presented in the attachment to this letter. Further, the application has created a lot of unfavorable discussion regarding a neighbor who is already very unpopular. None of the people in Spring Valley that we have talked with are in favor of approval of this application. We formally request that the Board reject this application in its entirety considering the neighborhood and NOT just the applicant. Sincerely, D John Wm. Lamont & Kathryn M. Lamont 1005 Idaho Ave, Ames, IA 50014 515-292-5541 17 Zoning for Internet Firearms Sales Greg Seaton 4809 Utah Drive Ames, IA 50014 1. Current conditions: a. Parking. Application indicates on-site parking for 2 vehicles (plus a double garage), i. He currently has (1) Corvette, (2) Mazda, (3) Chevy pickup, (4) Honda Civic, (5) Golf Cart on Trailer, and (6) Volvo driven by 3"1 party living in home. ii, At least one of these vehicles is constantly parked in front of our property. iii, Any customers will have to park in front of other homes because of the number of vehicles already associated with his house. b. People- 2 adults have lived in the home for several years plus for 2 adult children until fairly recently. Now, a 3rd party (a male adult) appears to lae living there on a full-time basis in addition to the 2 afore-mentioned adults. If that person is not a blood relative, is he paying rent? Is it against the law to have renters in this neighborhood? c, His property upkeep is already extremely poor: i. He only mows lawn 2 or 3times per year. ii. He has completely destroyed beautiful flower beds of previous owner.. iii. Fie rarely, if ever, rernoves snow andfor ice from sidewalks, iv. He has woodpecker damage to side of his house. Which has gone unrepailred. v. He, never rakes up and removes any leaves from the trees on his property. vi. He performs no weed control in his lawn and often has weeds 15-18" growing in his lawn, vii. His property Is an eyesore to the neighborhood. d. He is an unfriendly neighbor.- i- Not only does he not speak to neighbors, he looks the opposite way to avoid any possible eye contact, ii, When they moved in the house, he hired what appeared to be a fly-by-night group to trim the trees on his back property line. Their truck darnaged our lawn. When I went and took pictures of the damage to my property, he came out of his house demanding to know"What the Hell I was doing", He never said "I'm sorry," -I'll have it fixed" or"I'll pay you to have it fixed" 2, Concerns: a. Gun storage. The previous owners, who were our friends, did not have any protected gun storage in the basernent, which has several ground-level, unprotected windows (hidden from street view), nor did they have a security system protecting the house. To our knowledge, no gun vault has been installed- If his customers and delivery personnel come to his premises and discover that the guns are NOT adequately secured (A locked closet is NOT sufficient), we are concerned that there will be attempted robberies and other felonies occurring in the neighborhood endangering our lives and property. b. What types of firearms is he planning on selling? If they include large caliber weapons, 18 c, Will ammunition be stored on the premise? If 5o, will it be stored in a fireproof storage? Other,ovise, it creates a potential danger to the neighbors including us. d, To finance a reasonable firearms iriventory would require substantial capitat, Are any other people involved financially in this undertaking? If so, why aren't they listed on the application? e, Does he (and anyone else involved financially) have an arrest record? IF, It's not really Internet sales if the customers come to his site. He is just advertising on the Internet. g. Has he applied for a license, to do business in Ames? h. The application says that he plans to do gun repair work-, does he have formal training to peit,orm this type of service? How can gun repair or assembly work NOT require special equipment stools)? i. This type of business should be located in a non-residential environment. j. Utah drive is too narrow for parking on both sides of the street in addition to two-way traffic. k. klany of our neighbors and their families have expressed that the discussion alone has already caused them mental anguish, which will only increase if the application is approved, 1. Having a bLISirICSS immediately adjacent to backyard deck will most likely impact our outdoor entertaining during spring/surnmer/fall months of the year, it also endangers anyone visiting us or our neighbors, m We believe that having such a business in our neighborhood would substantially lower the property values and reduce the number of people who would be interested in buying existing properties in the future. John W. and Kathryn N1. Larnont 1005 Idaho Ave, Ames, ]A 50014 515-292-5541 March 11, 2012 19