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HomeMy WebLinkAboutA4 ITEM # 2 DATE: 03-13-13 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: March 6, 2013 CASE FILE NO.: ZBA-13-01 REQUEST: To allow an energy healing practice as a Special Home Occupation PROPERTY OWNER: Betty Young APPLICANT: Betty Young LOCATION: 1121 Harding Avenue ZONING: UCRM (Urban Core Residential Medium Density) PROJECT DESCRIPTION: This application is to allow a certified energy healing practice to operate from the residential property owned by the applicant. An energy healing practitioner works with the patient's energy field to support natural healing abilities and to assist in balancing physical, mental, emotional and spiritual well-being. (See brochure attached.) 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 home is a one and one-half story house having 1,220 total square feet of gross floor area, of which approximately 144 square feet will be used for the business. A detached one-car garage is located on the property behind the house with a driveway with access to Harding Avenue. The home is in the middle of a long block of houses and faces single-family detached residences across the street. (See Attachment A) The applicant has indicated that the proposed hours of operation will be from 6:00 p.m. to 9:00 p.m., Monday through Friday, 10:30 a.m. to 9 p.m. on Saturday and 2:00 p.m. to 9 p.m. on Sunday. All clients will be seen by appointment only with an average of three to five appointments per day and no more than eight appointments made per day. Appointments last from one-half hour up to two and one-half hours and rarely overlap. Therefore, the applicant indicates that there will be no more than two client vehicles there at a time, one in the driveway and one on the street, during the time that appointments overlap. 1 f The applicant provided a floor plan (attached) that shows the room used for the business at the front of the house. Clients will use the front sidewalk and the front door. The only special equipment needed is a massage table. The applicant has stated that no sign will be installed and that the character of the residence will not be altered. APPLICABLE LAW: Ames Municipal Code Section 29.1304(3) establishes the criteria for reviewing a Special Home Occupation permit and describes the findings 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. 2 (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. (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 as well as to the contact person for the Emanon Neighborhood Association. In addition, a notice of public hearing 3 was placed in the front yard of 1121 Harding 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 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 144 square feet of the 1,220 square foot home will be used for the business, which is approximately 12% of the total floor area of the home. (25% is the maximum allowed) d. No sign is proposed. e. A massage table will be the only equipment. f. The applicant, Betty Young, will be the only employee. g. The business will be by appointment only from 6:00 p.m. to 9:00 p.m., Monday through Friday, 10:30 a.m. to 9 p.m. on Saturday and 2:00 p.m. to 9 p.m. on Sunday. h. The number of clients will be no more than eight daily. i. On most occasions one client will be present at a time and park in the driveway. On rare occasions appointments may overlap, requiring the newly arriving client to park on the street. On-street parking is common in this neighborhood. j. Since the minimum length of an appointment is one-half hour, more than four client vehicles will not be at the site within any hour. k. No deliveries will be made for the occupation. I. No classes will be conducted. m. There are no other home occupations at this location. Conclusions: The primary area utilized for the business will occupy 144 square feet, which complies with the maximum 25 percent of the total floor area of the residence. Since no exterior alterations are being made and 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. Energy healing sessions scheduled will not exceed the allowed 10 visits per day. The nature of this type of single-employee business is that generally one client vehicle will be parked in the driveway at a time. However, rarely appointments may overlap. In this situation, the second client is likely to park on the street, so as not to block in the client who is already there. In that case, the Parking Criteria (above) require one on-site 4 parking space in addition to the two required for a single family residence, one in the garage and one in the driveway. Since on-street parking is common in this neighborhood, the rare need for a client to park on the street may be considered not to be a significant impact. On the other hand, it may also be concluded that the home occupation as proposed may not meet the parking criteria. Scheduling appointments in a manner that avoids overlaps would avoid the criteria for the additional parking space on site. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a certified energy healing practice at 1121 Harding Avenue subject to the home occupation being operated as described herein, except with the further condition that appointments be scheduled so that two clients are not on the premises at the same time. 2. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a certified energy healing practice at 1121 Harding Avenue subject to the home occupation being operated as described herein, without further conditions. 3. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow a certified energy healing practice at 1121 Harding 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 with the certified energy healing practice at 1121 Harding Avenue subject to the home occupation being operated as described herein, except with the further condition that appointments be scheduled so that two clients are not on the premises at the same time. S:\PLAN SHR\Council Boards Commissions\ZBA\Special Home Occupation\1121 Harding Ave-Special Home Occupation-Energy- Healing-03-13-13.docx 5 r Attachment A �4 ' k e,� A r �� •• .,..J tiv 13TH ST.. Ar— s. 4 �e� �e M12TH ST a m f `"a s •k NInt m , IXA u � 4 Subject a Firm o Area Is. WWI Ell oil ; .� _.. wl R p R, a Location Map 1121 Harding Avenue 6 Attachment B - Listed Home Occupations From Ames Municipal Code Section 29.1304(l) Permitted,Special and Prohibited Home Occupations. The arc Permitted Home Occupations: tit Home scwmg or tailoring; (io Stud"os t-or pamtfti— sculpturing—ceramics or tither similar arts; (iii) Writing, or ethurw-, (iv) Telephone ans%vering,schedulin,-,ol'appointnients,Laid otheroffice activities where there are limited visits to the horricl- 1,v) Production ol'crafts such its handiwork, inod el-nia king, weaving, lapidary, and cabinet-making FOr the purpose Of,-elhng the product" tvi) Tutoring and giving lessons, limited to 4 students at any tivne time; (Ord. No,3591, 10-10-00) (vi i) k"lawring.fit)rnc-c uoking and preserving kir the purpose ol'Nelling the product; tviii) Computer pro_=raniming, services provided over the Internet and other similar activities; (ix) Mail cirder IILISiIWSSCS"here products are shipped directly 1'rom the supplier to the cumomer;and W Oil-ices for architects anti criginecr-s- f,h) The l'ollownw.are Special Horne Occupatioms: (i) Family,clay care home l'or the care of'six or JewcrpreschoulL:hildrcn and forthecarc of live or Ii werschool age children. The care ol'school age children shall be limited to bel"bre and after school care l'ur less than two hour.;, tit a time. Or in the alternative a day care,h.orne fin the care of'six or Jewer adults-, (ii) Physicians and Other liccriscd medical practitioners; (tit) Barber,,,tiop-,and beauty parlors; (iv) Sin a]I repairsh tip,s One ludi ng%rnall appliances,m owcrrepair.blade shar-p en ing and si milar use,,): (v) Real estate and related services; (0 rd. Nt f.2.5 9 J 10,1(1,0 01 (vi) Insurance agcrits; (%J i) Bed-and-hicakia,.,L opurall i,i Its; (viii) H orn e pro I Lcs%i oil,[I office`.. lawy crs an d mcni hers ci f similar pro t`cssions,and (Ord, No.3591, 10-10.00) nx) All oificractnities not included cvticither the per-trutted or prohibited list. (c) Th c fifflowiri� .ere prohibited Home Occupations: Amrnal (i i) Dancing sWLIIUS or exercise studios: (iii) Private CIL.111.1. (iv) Restaurants-, (V) Stables and kcrm(:Is: and (vi) Repair or painti I rig oi'motor vehicles,including inotorcycle.s. 101 MA MOO- • r `` Man \ \\: \ \ \ \ \� \EN - \ \ MN \••••iiii\ ••'� \ \ \ \ \ \\\ �\ \ \\ 'i' `x � \\ \ ? \ \ \ \ \ y rx \ \ \ \\; ._. .- I �. •