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ITEM # 4
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: Christine Shimkus
PROPERTY OWNER: Michael and Christine Shimkus
ZONING: RL (Residential Low Density)
REQUEST:To allow a licensed massage therapist as a Special Home Occupation at 3206 Joy
Circle
PROJECT DESCRIPTION: This application is to allow a professional massage therapy
business to operate from the residential property which the applicant owns. The home is a
single-story house with a basement, part of which will be used for the business. The property
includes an attached two-car garage with a driveway that is 17 feet wide and 55 feet long,
accommodating four additional parking spaces. The home is on a cul-de-sac with three other
houses. (See Attachment A) 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 applicant has indicated that the proposed hours of operation will be from 1:00 to 7:00 p.m.,
Monday through Friday and on Saturday from 9:00 a.m. to 5:00 p.m.. All clients will be seen by
appointment only and there will be no more than four appointments made per day.
Appointments are scheduled with 30 minutes between the end of one section and the beginning
of the next session. Therefore, the applicant indicates that it is likely that no more than one client
vehicle will be on the premises in a given hour.
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
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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
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.
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(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. In addition, the applicant
previously notified additional neighbors of the home business. A notice of public hearing was
placed in the front yard of 3206 Joy Circle.
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 six off-street parking spaces: four in the driveway and two in the
garage.
b. No changes will be made to the premises.
c. Approximately 473 square feet of the 2,582 square foot home will be used for the
business, which is approximately 18.3% of the total floor area of the home. (25% is
the maximum allowed)
d. A future sign is proposed, no larger than one foot square.
e. There will be no specialized equipment.
f. The applicant will be the only employee.
g. The hours of operation will be from 1:00 to 7:00 p.m., Monday through Friday and on
Saturday from 9:00 a.m. to 5:00 p.m., and that business will be by appointment only.
h. The number of clients will be no more than four daily.
i. Appointments are scheduled to provide enough time between appointments to avoid
two clients needing to park at the same time.
j. Access for clients will be through the side door.
k. There are no other home occupations at this location.
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Conclusions:
Enough off-street parking exists for residents, one client at a time, and even an overlap of two
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lients, although that is not expected. The nature of this type of single-employee business will
prevent the overlapping of appointments. Massage therapy sessions scheduled will not exceed
the allowed 10 visits per day. The primary area utilized for the business will occupy less than the
maximum allowed 25 percent of the total floor area of the residence. 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.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation
to allow a licensed massage therapist at 3206 Joy Circle subject to the home occupation
being operated as described herein.
2. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to
allow a licensed massage therapist at 3206 Joy Circle, 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:
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 as a licensed massage therapist at
3206 Joy Circle subject to the home occupation being operated as described herein.
SAPLAN_SHR\Council Boards Commissions\ZBA\Special Home Occupation\3206 Joy Circle-Special Home Occupation-Massage Therapy-07-
09-14.docx
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Attachment A
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LOCATION MAP
3206 Joy Circle
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Attachment B - Listed Home Occupations
From Ames Municipal Code Section 29.1304(1)Permitted,Special and Prohibited Home Occupations.
(a) The l'ollowing, are Periiiitted Home Occupations:
0) Home sewing or tailoring:
60 Studios for painting, sculpturing.ceramics or other similar arts:
iiii) Writing or editing-,
(iv) Telephone answering,sch edulin o fappointm ents,mid other offic c activities where
there are limited visits to the hone;
(v) Proiluction of crafts such as handiwork. model-making, weaving, lapidary, and
cabinet-making for the purpose ofselling the product;
tvi), Tutoring and giving lessons, limited to 4 students, at any (--,tic tinic-,
(Ord. No, 3 i 9 1, 10-10-00)
(vii) Catering,home-cooking and preserving for the purpose:of selling the product;
(vi ii) Computcr programming. services provided over the Internet and other similar
activities.
fix) Mail order businesses where products are shipped directly from the supplier to the
customer-,and
(x) Offices for architects and engineers.
N The following are Special Home Occupations:
(i) fancily day carc home for the care ot'sixor fewer preschool children and fortliccarc
of five or*wcr school age children. The care of school age children shall be Innited to before and after school care for
less than two hours at a time. Or in the alternative a day care home for(tic"ire of six or fewer adults.
(n) Physicians anal other licensed medical practitioners.
(iii) Barbershops and beauty parlors:
(iv) Small repair shops(including,small appliances.niowerrepair,blade sharpeningand
Similar uses);
(v) Real estate and related services:
(Ord.A"o, 3591, 10,40-00)
(vi I insurance agent,,-.
(vii) Bed-and-breakfast operation,,,;
(Vili) [itmic professional offices, lawyers and members ol'sirnilar professions, and
(Ord. No, 3591, 10-10-001
lix) All other activities not included on either the permitted or prohibited list.
(c) The following are prohibited No Occupations,-
(i) Animal hospitals:
(Ii) Dancing studios or exercise studios-,
(iiij Private clubs-.
(iv) Restaurants,
(V Stables and kennels:and
(vi) Repair or painting ofinotor vehicles,including motorcycles.
(vii) Firearm sales