Loading...
HomeMy WebLinkAboutA6 r ITEM #: 3 DATE: 3-14-12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: March 2, 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 equipments or signage. (There is currently no record of a home occupation permit for this location.) 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 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 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,dernonstrations, 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 February 9,2012. 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. 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 does not require drop-in. Most contacts, if required, will be by appointments and 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. 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. 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 4 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. 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 does meet all the applicable criteria, as described in Section 29.1304(3) of the Ames Municipal Code. Staff appreciates that this type of merchandise may be of concern to neighbors. 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 noted below. There have been no zoning or police Enforcement issues with those businesses that have been approved. 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 5 Sunday or other times depending on the availability; iv. That all customers be instructed to park in the driveway; 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 no other sales stock be kept 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 the zoning board of adjustment may conduct a review based on the staff or neighbors' complaint; X. That there being a second home occupation, real estate appraisal business, the applicant must apply for a permitted use application for the above mentioned, 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 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\Draft-4809 Utah Drive-Special Home Occupation-Internet Firearm Sales Home Business-03-02-12.doc 6 o_ 01(LAHOIAA DR w Subject Property 9 � , ��, UTAH DF x2 OF M„ �.. ¢Al �a w •, r ir r- O u r r ,- J l- SRC a �. 4 t• ' }�. O Q * a-s a OO � � � a ♦ � J� i � � §,Paz "t f'F, r ! �. ♦` : OPTY �a"' •.� a,• Location Map Subject Property 4809 Utah Drive I�17 Prepared by Planning and Houing Department N Map Prepared: 3/02/2012 0 65 130 260 Feet 7 E 'a Akf } ag x , ;t 12 u t ' t E x xa� 8