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Home My WebLink AboutA3 ITEM #: 6 DATE: 3-14-12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: March 8, 2012 MEETING DATE: March 14, 2012 APPEAL FROM A DECISION OF THE ZONING ENFORCEMENT OFFICER: An appeal from a decision of the Zoning Enforcement Officer denying consideration of an application for a permit for a home occupation due to the number of employees. PROPERTY OWNERS: Daniel and Linda Kamm, 2402 Melrose APPELLANT: Linda Kamm LOCATION: 2402 Melrose - See Attachment A Location Map ZONING: RL (Residential Low Density) SUPPORTING INFORMATION: See the Appeal from a Decision of the Zoning Enforcement Officer Supporting Information Form (Attachment B) and the letter of February 3, 2012, from the Director of Planning and Housing interpreting the zoning code (Attachment C). BACKGROUND: In August 2011, staff sent the appellant a letter stating that it appeared that a business was being conducted at 2402 Melrose. Several vehicles with commercial business signs were at the property and people were picking up and dropping of these vehicles on a daily basis. The letter informed the appellant that a permit is required for a home business. On January 19, 2012, the appellant submitted a Permitted Home Occupation application form for 2402 Melrose. On the application, where there is a list of various occupations,the box was checked by "Telephone answering, scheduling of appointments and other office activities where there are limited visits to the home."The application contained information describing the business as residential and commercial cleaning. It also stated that the business has from six to ten employees, who only come to the residence to pick up and return vehicles and pickup paychecks. Employees are only paid for time at the customers' homes or businesses that are being cleaned. On February 3, 2012, a letter from the Director of Planning and Housing was sent to Linda Kamm stating that the business does not meet the zoning code definition of a home occupation and therefore no application can be processed. APPLICABLE CODE: Section 29.201(86) of the Ames Municipal Code defines Home Occupation as follows: "Home Occupation means an occupation, profession, activity, or use conducted for financial gain or profits in a dwelling that is clearly secondary to the residential use of the dwelling, does not alter the exterior of the dwelling or affect the residential character of the property or the neighborhood, and does not employ more than 2 persons, not including resident(s) of the dwelling." FINDINGS AND CONCLUSIONS: The Director of Planning & Housing has found that the definition of "Home Occupation" limits the number of employees of a home occupation to not more than 2 persons. Inasmuch as the definition does not state that only those employees that actually work in the home are counted in the definition of home occupation,the Director has concluded that any business employing more than 2 persons, regardless of the actual working location of those employees, does not meet the definition of home occupation, and may therefore not be processed as a home occupation. Accordingly, since the number of employees in the appellant's business exceeds two, as stated in the above Code section, the business cannot be considered a Home Occupation. BASIS FOR APPEAL: The appellant states that the cleaning takes place at other locations and that the business carried out "in a dwelling" is scheduling, financial activities, distribution of checks, and a small amount of storage. She further states that there are no employees involved in these activities beyond the two owners, and that this is the business activity that should be considered for a home occupation permit. (See Attachment B) ALTERNATIVES: 1. The Zoning Board of Adjustment can find that the Director of Planning & Housing made the correct decision in determining that the business activity does not meet the zoning code definition of a home occupation and an application for a permit cannot be considered. Under this alternative, the business would need to be relocated to a commercial or industrial zoning district or the business would need to be closed. 2. The Zoning Board of Adjustment can grant the appeal if it finds that the Director of Planning & Housing did not make the correct decision in applying City code to the business activity. Under this alternative, the application for a Special Home Occupation could be submitted and brought to the Zoning Board of Adjustment for consideration. 2 3. The Zoning Board of Adjustment can table this appeal application, and request additional information from City staff or the applicant. S:\PLAN_SHR\Council Boards Commissions\ZBA\Appealing the Decision of the Zoning Officer\2402 Melrose Appeal Decision of ZEO 03- 14-12.docx 3 Attachment A ' A MT1 S7 , y g � r' w - , a LL y • S00 o L i is , yy i ,i' �, ;y7am �� 24TH.ST n Subject Area on r z w r , � �, IA�lil i4ll�'l 3 i 'fib= Location Map 2402 Melrose U E Area T � 0 100 200 400 Feet 4 Attachment B Special Home Occupation(Supporting information) The activity for Kamm's Gleaning that is conducted at 2402 Melrose Ave Ames la is secondary to the normal residence that Dan and Linda reside in.The business is limited to the office room in the basement of their home.Both Dan and Linda have desk where they do their scheduling and finances for the business. They store a small amount of supplies that is purchase by them at local stores. Dan and Linda supply the commercial building with the supplies need for the jobs.Employees pick up their checks on.Fridays. The residential employees pick up their schedules and van daily. There is no cleaning business done by the employees,No employees work at 2402 Melrose,Any paid work that is done is at the job sites. There are no signs posted at their residence for the business.The activity in the yard outside in normal play areas for the grandchildren. Signature Date F-R ECEIWED MAR 0 1 cuiZ CITI Oi-AMES,IOWA DEP f.6 PLANNING&HOUSINR 5 Attachment C MPARTMENT OF PLANNING & J,10USING 515 Clark Avenue,P.O.Box 81 J,Anies,IA 50010 Phone:515-239-5400 + Fax: 5 15-239-5404 sosguthorpcf.f��ci ty.arries.ia.us February 3,2012 Ms.Linda.Kann 2402 Melrose Avenue Ames.IA 50610 RE: Application for Special Home Occupation at 2402 Melrose ])car Ms.Kamm: On January 20, 2012, you submitted an application for a Special Home Occupation permit for 2402 Melrose for your cleaning business.In tire application you stated that the business has six to ten employee.,.,,. Section 29.201f 86)of the Arnes.,Wunicil?al Code defines Horne Occupation as follows "Home Occupation means an occupation,profession,activity,or use conducted for financial gain or profits in a dwelling that is clearly secondary to the residential use of the dwelling,does not alter the exterior of the dwelling or affect the residential character of the property or the neighborhood, and does not employ more than 2 PerSOTIS,not including resident(s)of the dwelling." Since the number of employees in your business exceeds two,as stated in the above Code section,it cannot be considered a Horne Occupation and a permit cannot be considered for this use at 2402 Melrose. You may appeal this interpretation of the Zoning Ordinance to the Zoning Board of'AdjUSI.ulcot within 30 days of the date of this letter in accordance with Ames Alunie:zpal Code Section 29.1403(8). Based on your description of the business as providing cleaning of residences and retail businesses, the business would be considered a corninercial or industrial use, which is permitted in the commercial and industrial zoning districts of the city. We can provide information about the location of these zoning districts so that you can identify another location for your business. If you do not file art appeal to this interpretation of the Zoning Ordinance within 30 days, please provide evidence that you have arranged for another location for your business within 90 days of the receipt of this letter. If not, we are required to take action to bring the property into conformance with the Zoning Ordinance. Please feel free to contact tire if you have further questions. Sincerely, Steve Osgirthorpe,AICP Director SO\c1h S Sit(.)02 03 12Aoc 6