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HomeMy WebLinkAboutA005 - Staff Report dated October 24, 2012 ITEM #: 4 DATE: 10/24/12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: October 24, 2012 APPLICANT: Lisa Victoria ZONING: RL (Residential Low Density) REQUEST: To allow an art studio as a Special Home Occupation at 2029 Prairie View East. A location map is included as Attachment 1 . PROJECT DESCRIPTION: The applicant seeks to conduct a business in her home, comprised of creating and selling art work. Work is created in the studio and sold on-line or at art shows. The applicant also teaches art classes, primarily to children. Only the applicant, and occasionally her husband, is involved in the home occupation. There are no outside employees. The applicant has indicated that the proposed hours of operation will be Monday to Thursday; generally after school from 4:00 p.m. to 7:00 p.m. in two sessions. Classes on Monday are anticipated to last until 8:00 p.m. by adding a third session. The applicant also proposes classes some mornings, although no schedule is included. The proposed business (studios for painting, sculpturing, ceramics or other similar arts) is considered a Permitted Home Occupation by the Ames Municipal Code as is a business that involves tutoring and giving classes for up to four students. Se Attachment 2 for an excerpt of the Ames Municipal Code. A Permitted Home Occupation can be approved by staff. However, the applicant asks to be allowed up to eight students in her application. The Ames Municipal Code allows for no more than 4 students at any one time unless the Board finds that up to 6 students will not result in any additional traffic. To obtain approval for up to 8 students would require a variance from the Board, which is not being requested at this time. This will be discussed further in the report. The applicant states in the application that the area used for the business is in the basement. Students will enter through the garage to the stairs to the basement. 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: 1 (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. (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. (i i) 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. 2 (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. To date, no comments or inquiries have been received. FINDINGS OF FACT & CONCLUSIONS: Based upon the project description the following findings of fact and conclusions may be made: Findings: a. The applicant proposes a home art studio and associated classes. b. The applicant seeks approval to allow 8 students at a time in a class. c. The Ames Municipal Code allows no more than 6 students at a time, and then only with a finding that the additional students will generate no more additional traffic than 4 students. d. The applicant states that normal art supplies are used (acrylic paint, water colors, oil paint, oven-bake clay). e. The applicant's home has 3,775 square feet. The proposed use will occupy 868 square feet, or 23 percent of the home. The Ames Municipal Code limits home occupations to no more than 25 percent of the home. f. No sign is proposed. g. The applicant states that equipment will include completer, printer, paper cutter, mat cutter, small heat press (16" by 16"), and a shrink wrapper for packaging orders. The kitchen oven will be used for oven-baked clay sculptures. h. The applicant states that many of her students car pool. Students are dropped off for class by parents or arrive by foot or bicycle. i. The applicant states that she uses her personal vehicle for delivery. j. The applicant states that they have a two-car garage and only one vehicle. The driveway allows for parking of two cars. k. The applicant states that no more than four client vehicles will be at the property at any one time. 3 I. The applicant seeks to be allowed to have up to 8 students at any given time or the maximum allowable number. m. There are no other home occupations at this location. Conclusions: The Ames Municipal Code allows for home occupations. The Code, however, is intended to protect residential areas from the adverse impacts of such activities. Traffic is one such impact that is directly addressed in the criteria which a home occupation has to meet. That criterion is "Not more than 10 vehicular visits per day shall be allowed." If a "vehicular visit" is defined as the coming and going of a single car, then a vehicle dropping of a student and then returning an hour later for a pick up is 2 vehicular visits. In this instance, then, one class of six students would generate 12 vehicular visits. Two classes in a day would generate 24 vehicular visits a day. It would take a concerted effort to arrange car pooling to limit these trips to 10 per day. If, however, the Board saw a drop off and a pick up occurring an hour later as a single "vehicular visit," then one class of six students would be 6 visits and two classes would be 12 visits. It would take a minimal amount of car pooling or trips by walking or bicycling to get this number to 10. The Board needs to discuss and decide whether a separate drop off and pick up is a single "vehicular visit" or two. If it is considered a single visit, the applicant would need to demonstrate that the 10 vehicular visits per day can be met with some car pooling. However, if the Board considers it as two vehicular visits, then there would need to be a lot of evidence needed to determine whether the applicant can meet the limit of 10 vehicular visits per day. It may be possible to do so with a single class per day, but two or three classes per day would be difficult to show. The scale of this business is quite large for a single family residential neighborhood. The request of the applicant goes beyond what the code allows in number of students(8 are requested per class). Further, even at six students and two classes per day, without a concerted effort to car pool or to ensure students walk or bike to class, the limit of 10 vehicular visits per day will be difficult to adhere to. The Board may wish to consider a time limit on this approval in order for the applicant to demonstrate that the limitations are met. Based on the findings above and the review of the applicant's application, staff can conclude that, except for the criteria regarding vehicular visits, that all other criteria are met. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow art classes at 2029 Prairie View East if the Board determines that a drop off and a pick up are one "vehicular visit" with the adoption of the findings of fact and conclusions stated herein, and subject to the following condition: a) That there be no more than two classes per day. b) That classes be limited to no more than 6 students. c) That the applicant demonstrate that at least some of the students are car pooling or arriving by foot or bicycle so that no more than 10 students per day arrive by vehicle. d) That the approval require a review by the Board in one year, at which time the applicant will provide evidence that the limitations on vehicular visits is met. 4 2. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow art classes at 2029 Prairie View East if the Board determines that a drop off and a pick up are two "vehicular visits" with the adoption of the findings of fact and conclusions stated herein, and subject to the following condition: a) That there be no more than one class per day. b) That the class be limited to no more than 6 students. C) That the applicant demonstrate that at least some of the students are car pooling or arriving by foot or bicycle so that no more than 10 students per day arrive by vehicle. d) That the approval require a review by the Board in one year, at which time the applicant will provide evidence that the limitations on vehicular visits is met. 3. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow art classes at 2029 Prairie View East by adopting its own findings of fact and conclusions stated herein, and subject to the any conditions the Board feels is appropriate to mitigate any adverse impacts. 4. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow art classes at 2020 Prairie View East, 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. 5. 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: If the Board concludes that a single vehicular visit consists of both a drop off and a pick up of a student at a later time, then the Board may act in accordance with Alternative #1. This will allow art classes at 2029 Prairie View East with the conditions noted. SAPLAN_SHMCouncil Boards Commissions\ZBA\Special Home Occupation\2029_Prairie_View East_Special_Home_Occ-Art_Studio-10-24-12.docx 5 ATTACHMENT A— LOCATION MAP 011 , d,'r 2029 Prairie View East LU �r a ;ems 'w+, Y �Igl9 r� i Y by G_ t f , h� R N Feet 0 50 300 f) ATTACHMENT B - LISTED HOME OCCUPATIONS From Ames Municipal Code Section 29.1304(1)Permitted,Special and Prohibited Home Occupations. (a) The following are Permitted Home Occupations: 0) Home sewing or tailoring; (ii) Studios for painting,sculpturing,ceramics or other similar arts; (iii) Writing or editing; (iv) Telephone answering,schedulingof appointments,and other office actiNi ties where 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. 3 59 1, 10.10-0 0) (Vii) Catering, home-cooking and preserving for the purpose of selling the product; (viii) Computer programming, services provided over the Internet and other similar activities; (ix) Mail order businesses where products are shipped directly from the supplier to the customer,and (-X) Offices for architects and engineers. (b) The following are Special Home Occupations: (i) Family day care borne for the care of six or fewer preschool children and fortbe care of five or fewer school age children- The care of 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) Physician,,and other licensed medical practitioners; (iii) Barbershops and beauty parlors; (iv) Smallrcpairshops(includ.iny small appliances,mowel"Tepair,blade sharpening and similar uses); (v) Real estate and related services; (Ord. No-3591, 10-10-00) (vi) Insurance agents, (vi i) Bed-and-breakfast operations, (yiii) Home professional offices, lawyers and members of similar professions,and (Ord.No.3 5 91, 10-10-0 Q) (ix) All other activities not included on either the permitted or prohibited list. (c) The following are,prohibited Home Occupations: (i) Aninial hospitals; (ii) Dancing studios or exercise studios; (iii) Private clubs; (iv) Restaurants; (V) Stables and kennels;and (vi) Repair or painting of motor vehicles,including motorcycles.