HomeMy WebLinkAboutA4 ITEM # 3
DATE: 02-12-14
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: February 3, 2014
APPLICANT: Jamie O'Donnell
ZONING: F-VR (Village Residential)
REQUEST: To allow a daycare business as a Special Home Occupation at 2604 Kingston Drive
PROJECT DESCRIPTION: An application has been submitted by Jamie and Michael O'Donnell
to request approval of a Special Home Occupation to allow for a Home Daycare business
located at 2604 Kingston Drive (See Attachment A, Location Map). The home daycare business
would allow for up to 6 children on Monday through Friday from 7:30am to 5:30pm. The
applicant has noted that the business will not interfere with the surrounding residences and
would not require any revisions to the home to accommodate the proposed business. A total of
370 square feet of the basement area is being proposed for the proposed home daycare
business. (See Attachment B, Basement Floor Plan)
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.
Exception: For family day care homes, the entire dwelling unit may be used to
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serve the various needs of day care (e.g., kitchen, bathroom, napping rooms, '
play areas, etc.). However, the day care can provide care to no more than one
person per 35 square feet of the total dwelling unit, exclusive of baths,
hallways, closets, kitchens, and dining areas. The dining area may be included
in the square footage calculation if used by day care participants for activities
other than meals.
(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
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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. 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 daycare business for up to 6 children that will run
from 7:30 am to 5:30 pm, Monday through Friday.
b. The activity at this location will consist of a home daycare which will not require any
revisions to the home. The proposed use will be conducted in the basement of the
home.
c. The applicant states that there is no activity that would affect neighbors.
d. The applicant states that 370 square feet of the house will be used, out of a total area
of the house of 2280 square feet (16%), which meets the minimum code requirement
of 35 square feet required for each child, exclusive of baths, hallways, closets,
kitchens, and dining areas.
e. No sign is proposed.
f. The applicant states that one resident of the home is an employee..
g. The applicant states that there will be no additional visits to the home other than the
drop off and pick of the child..
h. The driveway allows for parking of three vehicles side by side.
i. 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 is limited to only the occupant of the home. The daycare business proposed will not
exceed the 6 students allowed by the code and will provide for the minimum living area required
for the number of students proposed. 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.
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ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation
to allow a home daycare business as a Special Home Occupation at 2604 Kingston Drive.
2. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to
allow a home daycare business as a Special Home Occupation at 2604 Kingston Drive, 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:
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 home daycare business as a Special Home Occupation at 2604 Kingston Drive.
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ATTACHMENT A
LOCATION MAP
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