HomeMy WebLinkAboutA4 ITEM #: 3
DATE: 01-09-13
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: December 26, 2012
CASE FILE NO.: ZBA-12-30
REQUEST: To allow a Certified Public Accountant Office as a Special Home Occupation
PROPERTY OWNER: 1403 Maxwell LC
APPLICANT: Deborah M. Flaherty
LOCATION: 1403 Maxwell Avenue (Attachment A)
ZONING: RL (Residential Low Density)
PROJECT DESCRIPTION: This application is to allow a certified public accountant office to
operate from the residential property at 1403 Maxwell Avenue. The home is a one story duplex
having 775 square feet on the main level, with 775 square feet in the basement. The applicant is
proposing to use approximately 120 square feet (one of the bedrooms) for the home occupation.
A detached two car garage is located on the property with a 19-foot wide driveway with access
to 14th Street, half of which is allowed for use of the unit at 1403. In addition to the one garage
space, there is three available parking spaces on the driveway for use by the business. (See
Attachment B) 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 C for complete list)
The applicant has indicated that the proposed hours of operation will be from 8:30 a.m. to 8:30
p.m., Monday through Saturday during the months of January through April and then be limited
to by appointment as needed during the months of May through December. All clients will be
seen by appointment only, with an average of six or seven per day with a maximum of ten
appointments made per day during the months of February thought April.
The applicant states in the application that the room used for the business is one of the
bedrooms as shown on the main level of the home. Clients will enter through the front door of
the house. The applicant has stated that in the future a sign may be installed on the storm door
or main entry door and will be no larger than 8" by 10" in size, which meets the maximum one-
foot square. According to the Zoning Ordinance the sign may include only the name of the
occupant and the type of business.
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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.
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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.
(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 1403 Maxwell 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 three off-street parking spaces available in the driveway with one additional
space in the garage if the garage is not used for storage purposes.
b. No changes will be made to the premises.
c. Approximately 120 square feet of the 775 square foot residential unit will be used for
the business, which is approximately 15.4% of the main floor level area of the home.
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(25% is the maximum allowed). If needed, the one car garage space (approximately
242 square feet) will be used for storage purposes, which does not exceed the 400
square feet permitted for use in an accessory structure.
d. A future sign is proposed, no larger than one foot square.
e. No special equipment is required.
f. The applicant, Deborah Flaherty, will be the only employee, with occasional
assistance from her daughter, who also resides in the home.
g. The hours of operation will be from 8:30 a.m. to 8:30 p.m., Monday through Saturday
during the months of January through April, and then as needed by appointment
during the months of May through December.
h. The number of vehicle visits will be no more than ten daily, with an average of
approximately 6-7, applicable typically only the months of February to mid April.
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.
k. 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
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 120 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 certified public accountant office at 1403 Maxwell 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 deny this request for a Special Home Occupation to
allow a certified public accountant office at 1403 Maxwell 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.
3. The Zoning Board of Adjustment may table this request for a Special Home Occupation, and
request additional information from City staff or the applicant.
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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 with a certified public accountant
office at 1403 Maxwell Avenue subject to the home occupation being operated as described
herein based on the findings of fact and conclusion in this report.
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Attachment A- Location Map
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Attachment B- Site Plan
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Attachment C - Listed Home Occupations
From Ames Municipal Code Section 29.1304(1)Permitted,Special and Prohibited Home Occupations.
Sec. 29.1304. HOME OCCUPATIONS.
This Section is intended to protect residential areas from potential adverse impacts of activities defined as home
occupations; to permit residents of the community a broad choice in the use of their homes as a place of livelihood in
the production or supplementing of personal/family income; to restrict incompatible uses; to establish criteria and
develop standards for the use of residential structures or dwelling units for home occupations. It is not the intent to
eliminate certain businesses and occupations that may be compatible with residential areas.
(1) Permitted, Special and Prohibited Home 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,scheduling of appointments,and other office activities 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. 3591, 10-10-00)
(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 home for the care of six or fewer preschool children and for the 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) Physicians and other licensed medical practitioners;
(iii) Barbershops and beauty parlors;
(iv) Small repair shops(including small appliances,mower repair,blade sharpening and
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. 35.91, 10-10-00)
(ix) All other activities not included on either the permitted or prohibited list.
(c) The following are prohibited Home Occupations:
(i) Animal 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.
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