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HomeMy WebLinkAboutA5 i A ITEM # 4 DATE: 07-25-12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: July 18, 2012 CASE FILE NO.: ZBA-12-14 REQUEST: To allow a licensed massage therapist as a Special Home Occupation PROPERTY OWNER: Allen Miller (seller of property) APPLICANT: Deb Kline (buyer of property) LOCATION: 1910 George Allen ZONING: RL (Residential Low Density) PROJECT DESCRIPTION: This application is to allow a professional massage therapy business to operate from the residential property that the applicant is purchasing. The home is a two-half story house having 2,141 total square feet of gross floor area, of which approximately 350 square feet will be used for the business. An attached two-car garage is located on the property with a 16-foot wide driveway with access to George Allen Avenue. In addition to the two car garage,there are two available parking spaces in the driveway. The home is in the middle of four houses on the block and faces single-family detached residences across the street. (See Attachment A) The Zoning Board of Adjustment reviews this type of home occupation because this business is not on the permitted or prohibited list of home occupations. Moreover, it is similar to a licensed medical practitioner, which is listed as one category of Special Home Occupations. (See Attachment B for complete list) The applicant has indicated that the proposed hours of operation will be from 9:00 a.m. to :00t p.m., Monday through Friday and on occasional Saturdays. All clients will be seen by appointment only and there will be no more than five appointments made per day. Appointments are scheduled with 15 to 20 minutes between each session. Therefore, the applicant indicates that it is likely that no more than one client vehicle will be on the premises in a given hour. The applicant states in the application that the room used for the business is behind the attached garage and has a separate entrance. Clients will use a sidewalk around the north side of the garage to walk from the car parked in the driveway to the outside entrance of the room used for the business. An existing step will be removed and sreplaced t towith the garage that isnoapplicant more thantone� that in the future a sign may be installed on the houe nex foot square with the name of the business only: "Wellspring Wellness." 1 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 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. 2 (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. PUBLIC COMMENTS: Notification was made to all owners of property within 200 feet. In addition, a notice of public hearing was placed in the front yard of 1910 George Allen Avenue. 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 are a total of four off-street parking spaces: two in the driveway and two in the garage. b. No changes will be made to the premises. c. Approximately 350 square feet of the 2,141 square foot home will be used for the business, which is approximately 16.3% of the total floor area of the home. (25% is the maximum allowed) d. A future sign is proposed, no larger than one foot square. e. A massage table will be the only equipment. f. The applicant, Deb Kline, will be the only employee. g. The hours of operation will be from 9:00 a.m. to 6:00 p.m., Monday through Friday and 3 an occasional Saturday, and that business will be by appointment only. h. The number of clients will be no more than five daily. i. Clients will be instructed to park in the driveway and appointments are scheduled to provide enough time between appointments to avoid two clients needing to park at the same time. j. On-street parking is common in this neighborhood. 2. There are no other home occupations at this location. Conclusions: Enough off-street parking exists for residents and one client at a time. Even though on-street parking is common in this neighborhood, due to the spacing of appointments it should be unnecessary for clients to have to park on the street. The nature of this type of single-employee business will prevent the overlapping of appointments. Massage therapy sessions scheduled will not exceed the allowed 10 visits per day. The primary area utilized for the business will occupy 350 square feet, which complies with the maximum 25 percent of the total floor area of the residence. Due to the nature of the business as described 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 ZBA may conclude that the application meets all applicable criteria of Ames Municipal Code. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a licensed massage therapist at 1910 George Allen Avenue subject to the home occupation being operated as described herein. 2. The Zoning Board of Adjustment may approve the Special Home Occupation to allow a licensed massage therapist at 1910 George Allen Avenue by adopting its own findings of fact and conclusion. 3. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow a licensed massage therapist at 1910 George Allen 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. 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. 4 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 allow the applicant to proceed as a licensed massage therapist at 1910 George Allen Avenue subject to the home occupation being operated as described herein. 5 Attachment A q 3k A as � din 3y ` Subject Property zor►sr � _ �, ST PAUI SONIDR .g W� key .R 16TH ST E 16TH`ST� + 'Q Q O O Z s Location Map 1910 George Allen Avenue xs 0 150 300 600 Feet 6 Attachment B - Listed Home Occupations From Ames Municipal Code Section 29.1304(1)Permitted,Special and Prohibited Home Occupations. (a) The 1'02110WMI�—' are:Permitted 1401114:OCCUPAtians: (i) home sekving or tailoring, (ii) Studio,, for painting,sculpturing.,ceratrues or other similar arts: (iii) Writing or cclitiny: (iv) Telephone unswe'ring,sch ed u I in 9,ol'appointm ents,art d otheroffice azEivilics where there are limited visits to the home; (V) Prooitiction of crafts such as handiwork, model-[Waking, weaving, lapidary-, and cabinet-making for the purpose of selling the product-. (vi) Tutoring.and giving lessons, limited to 4 students at any one ante; (Ord. No.3 591, 10-10-(1o) (vi i) Catering. honic-cooking and preserving for the purpose of selling the product; tviii) Computer programming. services provided over the Internet and other similar ac 0 Vitics; 0x) Mail order businesses where products are shipped directly from the supplier to the customer;and (X) Offices IZ)r architeets and engineers. (b) The following are Special Home Occupations- (a) I'amily day care home for the care of six or fewer prese hool children arid forthecare of five or ii:wcrschool age children. The care of'school age children shall be limited to before and afterschool care for less than two hours at a time. Or in the alternative a day care home for the tare 01'six or fewer adults; l'bysiciansand other licensed medical practitioners: Barhcrshops and beauty parlors-. Ov) Sit)all repairshops tm rlL,,i ludi small Ippli'.tiii:cs,iiiiLiwe.rrcpair,blade sharpeningand similar uses); f-0 Real estate and related services; Wrd. No. 3591, 10.1(-00) fvi) Insurance agents, tvil) Bed-and-breakfast operations: f1viii) Horne Professional offices. lawyers and members of similar professions, and (Ord. ;Vo 3591, 10,10-00) 0x) All other activities not included on either the permitted or prohibited list, (c) The following are.prohibited Home Occupations:Animal hospitals: 00 Dancing studios or CXCrCiNC.studios; (ifi) Private clubs, (iv) Restaurants-, tv) Stables and kennels;and (VI) Repair or painting of motor vehicles,including motorcycles.