HomeMy WebLinkAbout~Master - Special Home Occupation Permit to allow a reptile breeding and sales business at 4630 Twain StreetAUG 2 7 2014
CITY OF AMES, IOWA M_
ZONING BOARD OF ADJUSTMENL
IN THE MATTER OF THE
APPLICATION OF KYLE THOMPSON CASE NO. 14-20
FOR A SPECIAL HOME OCCUPATION
PERMIT, § 29.1304(3), AMES GEOCODE NO. 09-07-425-040
MUNICIPAL CODE, TO ALLOW A
REPTILE BREEDING AND SALES DECISION & ORDER
BUSINESS ON THE PROPERTY
LOCATED AT 4630 TWAIN STREET
FACTS
The property at this address is a single -story, single-family attached rental home with a two car
attached garage. The property is located in a residential neighborhood in an "F-PRD" (Planned
Residence District) zoning district. The applicant is seeking a Special Home Occupation Permit
to allow the operation of a reptile breeding and sales business at this location. The reptile
business is proposed to be conducted over the Internet and at expositions with little to no
customer activity on the premises. The activity at this location will consist of snake and reptile
breeding, which will not require any revisions to the home. The applicant currently has
44 snakes, 15 of which are more than six feet long. All of the snakes are pythons and boas, none
of the snakes are venomous. The proposed use will be conducted in the basement of the home.
The applicant proposes to use 220 square feet of the house out of a total area of 1,650 square
feet, or 13%, which is under the maximum code area of 25% permitted for a special home
occupation. No exterior signage is proposed. There will be little to no customer visits to the
home as the applicant delivers the snakes to the shipper. There are no other home occupations at
this location. The business is seasonal in nature, and there are periods of time during the year
when there would be a lot of activity.
Staff presented evidence that although there will be no emission of smoke, dust, odor, fumes,
glare, noise, vibration, electrical or electronic disturbances, this home occupation could be seen
as preventing the use and enjoyment of the neighbors' homes. One effect on the neighbors
would be uneasiness for some if they became aware of the nearby existence of so many snakes,
especially large ones. If a large constricting snake were to escape from its cage and the
applicant's residence, there is a real danger to the safety or life of other animals and/or people.
The Ames Animal Control Department determined that the applicant is in compliance with the
standards for owning the snakes. Staff commented that the Code is intended to protect
residential areas from the adverse impacts of certain home occupations. Staff s recommendation
was to approve the application and was based on the issue of operating a business from the
home, not whether or not the applicant can have snakes in the home. Staff noted that since the
writing of the staff report, several emails and comments were received in opposition to the
request.
The applicant presented evidence that the raising and keeping of snakes and reptiles is his hobby
and his passion. In the past few years, the hobby has turned into a small business. The applicant
stated that he desired to grow his business. The applicant provided information regarding the
typical behaviors of snakes in an attempt to allay some of the common fears. He described how
a snake is transported and removed from the home. The applicant urged the Board to approve
his application despite the opposition.
Many neighbors spoke about their fear of the snakes in the neighborhood. Some neighbors
stated that they believe the home occupation would negatively affect their property value.
Almost all of the neighbors expressed a concern that they would not be able to enjoy their yards,
for fear that a snake may have escaped, regardless of the safeguards. One neighbor brought to
the attention of the Board that there is a new elementary school in the neighborhood and has a
concern about the high traffic of young children in the area.
DECISION
The Board considers the standards applicable to Special Home Occupation Permits from the
provisions of the zoning ordinance. Having heard the evidence presented about this proposed
business, the Board finds that this particular home occupation is incompatible with the residential
neighborhood. It is the Board's opinion that this type of occupation is more compatible in a
commercial area, where people have a choice to avoid the area if they desire. In light of the
evidence presented and the findings in the staff report, the Board determines that all the criteria
for a Special Home Occupation Permit required by Ames Municipal Code section 29.1304(3)
have not been met and the denial of this permit is appropriate.
WHEREFORE, IT IS ORDERED that the applicant is DENIED a Special Home Occupation
Permit, section 29.1304(3) of the Ames Municipal Code, to allow operation of reptile breeding
and sales business at the property located at 4630 Twain Street.
Any person desiring to appeal this decision to a court of record may do so within 30 days after
the filing of this decision.
Done this 9th day of July 2014.
mily Burto
cretary t the Board