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HomeMy WebLinkAbout~Master - Special Home Occupation Permit to operate accounting business at 1403 Maxwell AvenueCITY OF AMES, IOWA ZONING BOARD OF ADJUSTMEN IN THE MATT1,,R OF THE APPLICATION OF FLAHERTY FOR A SPECIAL HOME OCCUPATION PERMIT, § 28.1304(3), AMES MLJNICIPAI- CODE, TO OPERATE AN ACCOUNTING BUSINESS ONTHE PROPERTY LOCATED AT 1403 MAXWELL AVENUE FACTS CASE NO. 12-30 E ViA[i 20 2013 (,EO(-1'ODE NO. 051-35-452-130 DECISION & ORDER The property at this address is single story duplex in an RL (Low Density Residential) zoning district that is on a corner lot. One of the units is addressed on Maxwell while the other unit fronts on East 14"' Street. The resident in the Unit facing .14"' Street wants to operate a certified public accountants office in that ]ionic, and is here seeking a Special Horne OcCLIP',11[1011 PCI-Inn to allow that. The applicant is proposing to use a sin -le room in the home with 120 square feet of the 1,550 square feet of the ]ionic residence for an office, which will be equipped with conventional home office furnishings. There will be no structural alterations to the home except that a sign is anticipated in the future. Itt, will meet the ordinance size restrictions. The resident. of the ]ionic is the only regular employee of the business, although the resident receives occasional assistance in the business from her daUghter, who also resides in this home. The applicant expects there will be no more than ten visits daily from clients, with six to seven visits the daily typical average CILII-111- the months of February to rind -April. The duplex has a detached two car garage for the two LII'IItS to share and there is a 19 foot wide driveway that provides three parking spaces for each Unit. Client appointments will be spaced so there are not two clients present at the same time. The applicant proposes to be open from 8:30 a.m. to 8:30 p.m. Monday through Saturday from January to April, and then It WOLI]d be limited to an appointment only basis &11-11-1g the balance of the year. The room which will be dedicated to this business is on the main floor of the home and clients will enter through the main door of the house. This is the only home occupation at this location and there are no classes associated with it. F)Ffl I q I ON The Board considers the standards applicable to Special [tome Occupation permits Under the provisions of the zoning ordinance. Having heard the evidence presented and presented in the I Z71 staff report, the Board finds that the proposed bLIS111OSS will not alter the normal residential character of the borne or of the neighborhood. The evidence establishes that the applicant's proposal rneets the standards for area to be used, CCILIT111CIlt, Signs, C111plOyrnent, traffic and parking. The class size and number of' home OCCUIX11101-1 criteria do not apply to this situation. The Board finds, based on the staff's findings of facts and concILISIons, and on the evidence presented, that this Special Home Occupation permit should be granted. 4:71 ORDER WHEREFORE, IT IS ORDERED that the applicant is granted a Special Home Occupation pen -nit, § 29.1304(3), Ames Municipal Code, to operate a certified Public accountants office Subject to the .[Ionic Occupation being operated as described in the "I',indings" portion of the staff report, which are incorporated herein by this reference, with the exception that the hours of operation shall be from 8:30 a.m. to 8:00 p.m. Monday thi-OLI(Ill Saturday during the months of .January through April, and then as needed by appointment during the months of May thi-OL1011 December, on the property located at 1403 Maxwell Avenue. Any person desiring to appeal this decision to a court of'record may do so within 30 days of the filing of this decision. Done this 9'1 ' day of January, 2013. .Elizabeth Erbes Chair