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Home My WebLink About~Master - Special home Occupation Permit to operate a Firearms Sales and Repair Home Business at 4809 Utah DriveCITY OF AMES, IOWA ZONING BOARD OF ADJUSTMEN IN T1 I V M ATTE R 0 U-141 E APPLICATION OF SEATON FOR A SPECIAL HOME OCCUPATION PE'RMIT, SECTION 29.1304, AMES MUNICIPAL CODE,TO OPERATE A FIREARMS SALES AND REPAIR HOME BUSINESS ONTHE PROPERTY LOCATED AT4809 UTAII DRIVE FACTS CASE NO. 12-05 IL MAY 7 2012 X !(`7A GEO(Il'Ol)l,'NO, -.-09-00-201-200 DECISION & ORDER The property 4it this address is <r two story Sill(11C family OWI'ICI--O(.',CLI[)IC(I I-CSI(ICTICC in rii RL, (L.ow Density Residential) coning district. The homeowner is a hobby 01.111 ClIthUSIaSt and wants to start a part-time business in firearms sales acid light repair anal custorriiration of firearms. fie is requesting a Special I forrie 0cCLIPa.tIOII I)CI-11111, to allOW this. Sales of'firearms are regulated by State and federal law, which afTcts the 111all1ler III Which this I)LISII'ICSS IS Operated, SO that process was explained ill some detail. There are licenses necessary in many Instances for both parties to the transaction. A seller will need a Federal Ili-carnis License and a I)Llycr will need a 1 1 will ('()Vcl-ll What types permit to acquire. With IOFIg guns (rifles �uid shotguns), the seller's 11 `1 of'weapons call be bought and sold. III the CASC Ot'.I. t)Llycr, lie or she may acquire a long gun WIthOLIt a permit to acquire but rrlLISt Still LI]ICICI-1-10 a national check before the sale is Boric. It is even more stringent for handgun sales. III order to buy a laandgui7 file POICIltiil buyer must go thrOLIgh an application process ill order to obtain a permit frorn the Sheriff to aCCILIII-C a, 11,111(117,ull. The weapon can only be transferrcd through a Federal Firearms I-Icense holder. The 11,1, holder -vll have to have face-to-face contact with the person accil-III-IfIg file halld"LlIl SO that identification and the permit to acquire can be verified and logged. This his requirement of facc-to- Cace contact means that there will have to be customers coniing to this home for these sales transactions. The homeowner anticipates this will be Only about OIICC a week. He Will (10 this by appointment only and to further limit CLIStOIIlCF visits, isits, he will schedule appoint ments for only designated hours of the day. T'he borne has sufficient driveway space to park a visitors vehicle off the street, and the homeowner will Instruct visitors to park there. The honicowner has arl oil -ice for a permitted real estate appraisal service he runs and this sales business will share that space. Six hundred ninety-eight square feet of the 3,202 square foot home will be dedicated to business use. The 01171CC C(ILIipIIICnt used will be a computer and phone. For the gunsnuthilig and repair activities, tools like vises, special screwdrivers and similar CC.ILIIPIIICflt of hOLISChOld scale will be LISCCI, Stich as can he purchased at many major shooting sports retailers. Arrin-itinition sales will not be done. The applicant anticipates fie will from time to time have a small number of' guns oil hand, as he participates ill (11-111 Shows and sales off site and may buy t, 11 arms there for his own resale needs. These will be store(] inside a gun Safe at the I-CSI&FICC. If' Ile acquires firearms that are shipped, this will be done by commercial delivery service and packages must be signed for by the recipient or they will not be delivered. 'file borne will not have a sign nor will classes be COFICILIcted. DECISION The Board considers the facts of this application in fight of the standards applicable to Special I Ionic OCCLIPatIOIIS under the provisions of the Zoning ordinance. III this instance, the zomr)(1 ordinance does not distinguish among retail sales by type ofinerchandise, so this sales bLISHICSS will be treated like others as one which may be conditionally permitted. The evidence presented shows that the applicant will devote less than 25% of the square footage of the home to this business by using a space that is already Set III) as a hoiric office. The firearms trade is More regulated than many, so the homeowner will have to have a I , cderal Firearms license to sell these goods directly. As part of the reqUirCIIIC1ItS, a face-to-face Interaction is necessary between the licensed firearms dealer and the customer. These will be done by appointment only and only during limited hOLH-S OFthC week. TlIcre will be 110 SigflagC Or PLII)IiC,,It]011 ofthe address so there will not be drop in traffic. While the equipment Used In the bUSInCSS generally is of household scale, a gL1II safe will be used to store any inventory kept on site. The sales transactions will be tracked and dOCUmentcd. ']"he hoiric has a large driveway sufficient to accommodate a Customer vehicle and deliveries will be by conventional commercial delivery service, although any packages will be delivered only when in adult is present to sign for receipt. There will be no Classes COMILIcted as part ol'the bLISHicss. In view of the facts presented, the Board finds that it can grant this application, and it provides for conditions so that the concerns raised by tj c I neighbors can be mitigated and monitored.I ORDER WHERETORE, 11' IS ORDERED that the applicant is Granted a Special fIOIIIC Occupation Permit, Section 29.1304 of the Ames Municipal Code, to Operate a Firearms Sales and Repair hLISHICSS, With the following stipulations: That the applicant complies with all Federal, State, and local firearms licensing and reporting I-CCILlirements; 1 That the business operates by appointment only and appointments may only be set during the 11OUrs of'4:00 p.rn. to 8:00 P.M. Tuesday through Friday and 12:00 p.m. to 5:00 p.m. on Saturday; no appointments shall be set oil Sunday; 3. "Mat all CLIStOrrlcrs be instructed to park III the driveway and to accornplish this, the owner is restricted to keeping no more than I'OLII- Vehicles Oil Site; 4. That ifthcre is advertising, all advertising, including any fisting or advertisement in the Yellow Pages or on the Internet, IIICILIde a StatCrIlCrIt that the hLISHICSS %VIII be done by appointment only and that the address of the business not be listed III any advertising; S. That there be no sign f'()i- the business; 6. That it is understood that this is a special order firearms and sporting goods sales bUSIIICSS; all Sales stock IS to be J�Cpt III a SCCLII-C, &1LHI sale as part Ot'thC hLISIness, and no ammunition sales shall be HICIL(.IC(l as part of the proposed ],ionic OCCLIP,11,1017); 7. That the Firearms portion 01the I)LISIFICSS ShJl1 not C011111MICC Until the City has received proof that a Federal Iii-can-ris license has been obtained; 8. That the applicant shall ],,ecp a lot-, of all appointments and - transfers that take 0 1 gun n place on the site for one year Jrorn the (.late of* this permit, and this log shall be r)ade available to stafI'upon request; 9. This permit shall expire after One yCar and IS subject to the LISLIL11 CrIfOrCCHICI-it procedures; and 10. No classes or group activities related to firearms shall be COn(lLICtCd Oil Site; on the property located at 480() Utah Drive. Any person desiring to appeal this decision to a court of' record may do so within 30 days after the Filing ol'this decision. Done this 25"' day ol'April, 2012. ......... . ..... . - ----- ...... . ... Bruce Calhoun Chan,