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ITEM #: 2
DATE: 08-08-12
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: August 2, 2012
CASE FILE NO.: ZBA-12-17
REQUEST:To allow a beauty salon as a Special Home Occupation
PROPERTY OWNER: Randy and Joni Gorman
APPLICANT: Joni Gorman
LOCATION: 2121 Burnett Avenue
ZONING: RL (Residential Low Density)
PROJECT DESCRIPTION: This application is to allow a beauty salon business to operate from
the residential property. The home is a one story house having 1964 total square feet of finished
space, of which approximately 150 square feet will be used for the business. An attached one-
car garage is located on the property with a 12-foot wide driveway with access to Burnett
Avenue. In addition to the one car garage, there is one available parking space in the driveway.
The home is on the corner of two local, residential streets 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 on the list of Special Home Occupations in
the Zoning Ordinance. (See Attachment B for complete list)
The applicant has indicated that the proposed hours of operation will be from 8:00 a.m. to 8:00
p.m., Monday through Saturday. All clients will be seen by appointment only, with an average of
six per day with a maximum of ten appointments made per day. Appointments are scheduled
such that one client will be there at a time.
The applicant states in the application that the room used for the business is in the basement.
Clients will enter through the garage and the house. The applicant has stated that in the future
a sign may be installed on the house next to the garage that is no more than one-foot square.
According to the Zoning Ordinance the sign may include only the name of the occupant and the
type of business.
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):
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(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 athe
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.
(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.
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(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 2121 Burnett 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 two off-street parking spaces: one in the driveway and one in the garage.
b. No changes will be made to the premises.
c. Approximately 150 square feet of the 1964 square foot home will be used for the
business, which is approximately 7.6% 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. No special equipment is required.
f. The applicant, Joni Gorman, will be the only employee.
g. The hours of operation will be from 8:00 a.m. to 8:00 p.m., Monday through Saturday,
and that business will be by appointment only.
h. The number of clients will be no more than ten daily.
i. 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:
Since two clients are not likely to be at the business at the same time, the Zoning Ordinance
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does not require off-street parking in addition to the one space in the driveway. Clients will be
scheduled to not exceed the allowed 10 visits per day. The primary area utilized for the business
will occupy 150 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 beauty salon at 2121 Burnett Avenue subject to the home occupation being
operated as described herein based on the findings of fact and conclusion in this report.
2. The Zoning Board of Adjustment may approve the Special Home Occupation to allow a
licensed massage therapist at a beauty salon at 2121 Burnett 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 beauty salon at 2121 Burnett 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.
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
based on the findings of fact and conclusion in this report.
S:\PLAN_SHR\Council Boards Commissions\ZBA\Special Home Occupation\2121 Burnett Ave-Special Home Occupation-Beauty Salon-08-08-
12.docx
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Attachment A
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Location Map
2121 Burnett Avenue
0 125 250 500
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Attachment B - Listed Home Occupations
From Ames Municipal Code Section 29.1304(1)Permitted,Special and Prohibited Rome Occupations.
(a) The following are Permitted Home Occupations:
(i) Home sewing or tailoring;
(ii) Studios for painting,sculpturing,ceramics or other similar arts;
(iii) Writing or editing-,
(iv) Telephone answering,sebedulingof appointments,and otherofficeactiviticswhere
there, are limited visits to the home;
(V) Production of crafts such as handiwork-, model-making, weaving, lapidary, and
cabinet-making for the,purpose of selling the product;
(vi) Tutoring and giving lessons,limited to 4 students at any one time;
(Ord. No.3591, 10-10-00,)
(vi j) Catering,home-cooking and preserving for the purpose of selling the product;
(Vill) Computcr programming, services provided over the Internet and other similar
activitics;
(ix) Mail order businesses where,products are shipped directly from the supplier to the
customer:and
W Off-tees for architects anti engineers.
N The following are Special Home Occupations-
(i) Family day cart home for the care of six or fewer preschool children and for the care.
of five or fewer school age children. The care ol'school age children shall be limited to before and after school care.for
less than two hours at a time. Or in the alternative a day care,home for the care,of six or fewer adults,
(ii) Physicians and other licensed medical practitioners;
(iii) Barbershops and beauty parlors;
(iv) Small repairshops(including small appliances,mowertepair,blade sharp.eningand
similar uses);
(v) Real estate,and related services;
(Ord. No.3591, 10-10-00)
(VI) Insurance agents:
(vii) Bed-and-breakfast operations;
(viii Home professional offices, lawyers and members of similar professions,and
(Ord. No,3591, 10-10-00)
All other activities not included on either the permitted or prohibited list.
(c) The following are prohibited Home Occupations:
W Animal hospitals;
00 Dancing studios or exercise studios;
(iii) Private clubs-,
(iv) Restaurants;
(V) Stables and kerincls;and
(vi) Repair or painting of motor vehicles,including motorcycle.
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