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HomeMy WebLinkAboutA4 ITEM # 3 DATE: 07-09-14 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: July 3, 2014 APPLICANT: Kyle Thompson PROPERTY OWNER: Dickson and Luanne Jensen ZONING: F-PRD (Planned Residence District) REQUEST: To allow a reptile breeding and sales business as a Special Home Occupation at 4630 Twain Street PROJECT DESCRIPTION: Kyle Thompson's hobby for the past twenty years has been raising and keeping snakes and reptiles. In the last two years, his hobby has evolved into a business of breeding and selling certain snakes. Over the past few months he has been working with the City of Ames to comply with the city ordinance regarding treatment and control of animals (Chapter 3 of the Ames Municipal Code). The Applicable Law section of this report describes those requirements and Mr. Thompson's compliance with them. Mr. Thompson is seeking a Special Home Occupation for reptile breeding and sales. Mr. Thompson currently has 44 snakes in his three bedroom residence, in two of the bedrooms in the basement level. None of the snakes are venomous. All are pythons and boas, 15 of which are more than six feet long and are thus registered with the city. The food source is rodents, which are shipped to the residence frozen and then kept in a freezer until needed. Delivery of these rodents occurs approximately once per month. The only other business elements are enclosures and enclosure supplies, which are purchased infrequently. The breeding snakes produce eggs and offspring. Once they have reached a certain development phase, the snakes are available for purchase. The business is conducted through the Internet and e-mail. Snakes are shipped by commercial shipper, who requires certification of the shipper and thus certain standards to be met. The applicant also uses a third party who has the required certification. The applicant takes the snakes to be shipped to the shipper. Because the snakes are not shipped in the winter months and due to the life cycle of the snakes, the business is somewhat seasonal. The applicant states that snakes are also sold at reptile expositions, which involves transporting the snakes to and from those locations. The applicant states that he expected to sell about 20 snakes over the next year. The applicant also has two other reptiles (skinks), but is not breeding or selling these reptiles at this time. APPLICABLE LAW: The purpose of Chapter 3 Division III ("Dangerous Wild Animals") of the Ames Municipal Code is to protect the public from the hazards associated with dangerous animals of wild species listed in Section 3.301(4) includes: 1 (y) Those more than six feet long of the following: anaconda, boa constrictor, amythistine python, African rock python, Burmese python, and reticulated python; Those snakes that the applicant has on this list are registered and the registration must be renewed annually. The applicant is complying with Section 3.308 on space requirements for reptiles. Since these are based on size of the snake, the animal control officer can inspect the facility as needed to verify that compliance is maintained. Of particular relevance to the applicant's collection is Section 3.310 Keeping of Large Non- Venomous Reptiles: (1) No person shall be permitted to keep a snake as specified in Section 3.301(4)(y) unless the person can show two years of experience in the secure and humane keeping of constricting snakes. (2) Snakes as specified in 3.301(4)(y) shall be kept in locked cages in locked rooms. (3) Cages shall be so constructed as to not break or give way as a result of reasonably foreseeable accident or misuse. (4) No person shall be permitted to keep a reticulated python, African rock python or an anaconda except after demonstrating to the satisfaction of the animal control officer that the person has sufficient knowledge and experience to keep such reptiles in a safe and humane manner. The animal control has officer has determined that these standards are met as applicable. 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. 2 Exception: For family day care homes, the entire dwelling unit may be used to 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 3 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. Ames Municipal Code Section 29.1304(2b) states in part: The Board may, if warranted by the evidence, impose such additional conditions as may be deemed necessary to protect the legitimate use and enjoyment of neighboring properties. PUBLIC COMMENTS: Notification was made to all owners of property within 200 feet and a sign has been posted on the property. At the time of the writing of this report, city staff has received no comments. FINDINGS,OF FACT & CONCLUSIONS: Based upon the project description the following findings of fact and conclusions may be made: Findings: The applicant states: a. The business is conducted over the Internet and at expositions with no customers on the premises. b. The activity at this location will consist of snake and reptile breeding which will not require any revisions to the home. The proposed use will be conducted in the basement of the home. c. 220 square feet of the house will be used, out of a total area of the house of 1650 square feet (13%), which meets the maximum (25%) code area permitted for a special home occupation. d. No mechanical equipment is used. e. No exterior sign is proposed. f. There are no employees. g. There will be no visits to the home; the applicant delivers the snakes to the shipper. h. Deliveries to the home will be seldom. i. There are no other home occupations at this location. Staff has determined that there will be no emission of smoke, dust, odor, fumes, glare, noises, vibration, electrical or electronic disturbances. One affect on the neighbors would be uneasiness for some if they became aware of the existence nearby of so many snakes, especially large ones. However, if a large constricting snake were to escape from its cage and the applicant's residence, there is real danger to the safety or life or other animals or people. 4 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. 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. However, under certain circumstances as described above, the proposed business could be perceived as a nuisance to some and become a safety hazard. This is most likely to happen due to carelessness or unforeseen circumstances. In either case, the business could affect the use and enjoyment of neighboring properties. The Zoning Board of Adjustment could conclude that, these circumstances arise from the keeping of snakes, not from the proposed home occupation. The city permits the keeping of these snakes, as long as compliance with the animal control standards is maintained. Alternatively, the Zoning Board of Adjustment could require additional conditions to be met in order for the hobby to become a business, such as restricting the volume of the business in order to reduce the risk of nuisance or to safety. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a reptile breeding and sales business at 4630 Twain Street, with the following conditions: a. The permit be for the period of one year and the Zoning Board of Adjustment must approve a new permit in order for the home occupation to continue beyond that period b. No more than eight breeding pairs of snakes be used for the business c. No other reptiles are bred or sold 2. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a reptile breeding and sales business at 4630 Twain Street, without conditions. 3. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow a reptile breeding and sales business at 4630 Twain Street, 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: Under normal circumstances, the proposed home business would have no impact on the neighborhood whatsoever. No one in the neighborhood may be aware of it. However, there are circumstances under which the business could be a nuisance or even a danger to surrounding residents. Animal control standards exist for these snakes for that reason. But the animal control officers can only confirm at certain times that the standards are still being met; they can't prevent carelessness or other unexpected circumstances. 5 Operating a business is different than having a hobby. There is a tendency and need for a business to grow. The protection of the neighborhood and the neighbors requires that the business does not grow beyond the applicant's ability to manage the snakes responsibly. 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 reptile breeding and sales business at 4630 Twain Street, with the following conditions: a. The permit be for the period of one year and the Zoning Board of Adjustment must approve a new permit in order for the home occupation to continue beyond that period b. No more than eight breeding pairs of snakes be used for the business c. No other reptiles are bred or sold If the Zoning Board of Adjustment concludes that the proposed activity is a substantial risk to the use or safety of the neighborhood, it can adopt Alternative No. 3 and deny this request for a Special Home Occupation to allow a reptile breeding and sales business at 4630 Twain Street and find and conclude 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. SAPLAN_SHR\Council Boards Comm issions\ZBA\Special Home Occupation\4630 Twain_Special Home Occ_Reptile breed ing-07-09-14.docx 6 ATTACHMENT A LOCATION MAP `e gyVA ER, � .; 1i11E8STERST �; ms � RJI 2x W� Y z; R, .^. � X WIC ter. i�u t a ` _. JlibjeCt 'a p S . Property pw .' N8E w �STE! CK S7 �STEIN x-. W Q Jv y —10 W fW y 1 c �O xa—3 LOCATION MAP 4630 Twain Street �r"'