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Home My WebLink AboutA5 ITEM # 3 DATE: 07-10-13 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: July 1, 2013 APPLICANT: Linda Kamm ZONING: RL (Residential Low Density) REQUEST: To allow a cleaning business as a Special Home Occupation at 2402 Melrose Avenue. PROJECT DESCRIPTION: In January, 2012 the applicant submitted an application for a Special Home Occupation for a cleaning business operating out of 2402 Melrose Avenue. The application included, among other things, information that the business employed 6-10 employees, most of whom were not residents of that address. The application was rejected because staff determined that, because of the number of employees, the definition for a Special Home Occupation was not met. The applicant appealed that decision; and on March 14, 2012 the Zoning Board of Adjustment upheld that determination. The applicant has adjusted her business and now seeks approval of a Special Home Occupation for the cleaning 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): (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. 1 (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. (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. 2 (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 cleaning business at this address b. The activity at this location will consist of a home office, and the storage of the materials, apparatus, and vehicles to conduct the cleaning business. c. The applicant states that there is no activity that would affect neighbors. d. The applicant states that 450 square feet of the house will be used, out of a total area of the house of 2064 square feet (22%). e. No sign is proposed. f. The applicant states that two residents of the home are employees. The applicant further states that one employee does not reside at the house, and that there is an intent to employ one additional person. g. The applicant states that the employees come to the house to pick up a vehicle and to return the vehicle. This happens, according to the applicant, at most two times a day. h. The applicant states that no client vehicles come to the home and that there are no delivery vehicles. There are, however, service vehicles that are parked in the driveway when not in use and employee parking on Melrose Avenue when the service vehicles are in use. i. The driveway allows for parking of three vehicles side by side. j. There are no other home occupations at this location. Conclusions: The Ames Municipal Code allows for home occupations to permit residents a broad choice of livelihood or to supplement incomes. . The Code, however, is intended to protect residential areas from the adverse impacts of such activities. The applicant has stated that the number of employees has been reduced to two or less. That certainly is less of an impact to the neighborhood than the previous number of 6 to 10. While this change required a significant alteration of their business plan, it appears that they have moved to comply with the requirements of the ordinance. Based on the findings above and the review of the applicant's application, staff can conclude that all the criteria are met. 3 ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a cleaning business as a Special Home Occupation at 2402 Melrose Avenue. 2. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow a cleaning business as a Special Home Occupation at 2402 Melrose 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. DEPARTMENT RECOMMENDATION: Because of the changes made to the operation of the business, the cleaning business operated by the Kamms now meet the various criteria for a Special Home Occupation Permit. Therefore, it is the recommendation of the Planning and Housing Department that the Zoning Board of Adjustment adopt Alternative No. 1, approving the request for a Special Home Occupation to allow a cleaning business as a Special Home Occupation at 2402 Melrose Avenue. S:\PLAN_SHR\Council Boards Commissions\ZBA\Special Home Occupation\2402_Melrose_Kamm_cleaners-07-10-13.docx 4 ATTACHMENT A— LOCATION MAP 4 r .. .. 3 t � r a f s ` - d n ', .�x�� ""�� .��rt� -' � : 'eye•' rrr�•a�y�� ,�� '..� ... c —24TH ST s �j Feet Location Map �J - N 0 15 30 A l p'€ e s 5