HomeMy WebLinkAboutA5 ITEM #:
DATE: 11/12/14
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: November 6, 2014
APPLICANT: Victoria S. Keinert
PROPERTY OWNER: Fritz and Victoria S. Keinert
ZONING: RM (Residential Medium Density) O-SFC (Single Family Conservation Overlay)
REQUEST: To allow massage therapy as a Special Home Occupation at 619 8th Street
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 two-
story house with a basement. The property includes an accessory building/single car garage
near the alley in the rear. Clients who arrive by car will park on 8th Street in front of the
residence. (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 9:00 a.m. to 6:00
p.m. Monday through Friday. Clients will be seen one at a time by appointment only and there
will be no more than seven appointments made per day. Appointments last for 50 minutes with
ten minutes between the end of one session 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
adjoining residents, nor shall there be any structural alteration to accommodate
the occupation. There should be no emission of smoke, dust, odor, fumes,
1
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.
2
(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 has
provided a statement signed by both adjacent property owners stating no objection to this home
business. A notice of public hearing was placed in the front yard of 619 8tn Street.
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 is no off-street parking available to clients; on-street parking is allowed on 8tn
Street and there is 140 feet without driveways in front of the applicant's property and
the two adjacent properties.
b. No changes will be made to the premises.
c. Approximately 144 square feet of the 2119 square foot home will be used for the
business, which is approximately 7% of the total floor area of the home. (25% is the
maximum allowed)
d. A sign is proposed, no larger than one foot square.
e. There will be no specialized equipment or deliveries.
f. The applicant will be the only employee.
g. The hours of operation will be from 9:00 a.m. to 6:00 p.m., Monday through Friday
and business will be by appointment only.
h. The number of clients will be no more than seven daily.
i. Appointments are scheduled to provide enough time between appointments to avoid
two clients needing to park at the same time.
j. There are no other home occupations at this location.
3
Conclusions:
Enough on-street parking space exists for one client at a time. The timing of appointments will
prevent the overlapping of visits and vehicle trips. 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 massage therapy business at 619 8th Street 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 massage therapy business at 619 8 h 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.
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 with a massage therapy business at
619 8th Street subject to the home occupation being operated as described herein.
SAPLAN_SHR\Council Boards Commissions\ZBA\Special Home Occupation\619 8th-Special Home Occupation-Massage Therapy-11-12-
14.docx
4
Attachment A
9TH ST 9TN ST 9TH ST
a � �
Nab
g
a N,
C�
$ Y
$ W W
G
Subject
Property
mania°' 8TH 5T 8TMrH
ST i, R
u
Ul
01,
s
w ,
s
A'3 7TH ST / TfH;Si "
o �1
�'.• mow, �-n'�2�, s '.`e' / a f ''� ti Ci"
8TH ST ;,u � K 6TH ST,F 3 6fH ST
i
w
LOCATION MAP
s .
619 8th Street 07
E
5
Attachment B - Listed Home Occupations
From Ames Municipal Code Section 29.1304(1)Permitted,Special and Prohibited Home Occupations.
I a) The following are Ilertnitted Home Occupations:
to Home sewhig or m5irin4-,
i 10 studws for Painting, sculpturing, cer,antics or o0icrsin-tilar arts-,
t i'.1) Writing or citiling:
IN) Telephone other office act ivifics whem
theno are finn(cd %wits to The honic:
(v) Production of crates hwh as hand:Utica mmiel-niaknig, ancavinly ApWary. and
cabinet-nmking 6w We puMose ofscUirig be pmdw
to) Tuw6ng and giving ksmins, litunted to 4 NhWerits at any one time-,
(OM, No 3591. 10-10-0M
{via) Catering, homcNoukhg and preserving Rw the purl;ime of selling the product;
(oil Compurcr programmly vemwes pni"ded over the Internet and other similar
activitics:
(ix 1 Mail order busincs-.cs�vhcrcprratlu t ar,. shipped direct,Dern the supplier to the
custumcro and
(X) Officats for architects and cnginucrs.
tan) The 141h,wirig am Special Htinw (k"Wmwns:
I i) Farm ly da) care horns for the care of six or 1hu c r prewc hool childt,en and for the care
of live or kwer whool age chiklmn. The care of school age children:.}tall he hmowd w before and ahe"chool cam for
Ics"than two hours at a time. Or in the ahemWive as day care litone far 01C ClirC or fewer adults:
ow Physicians and titer Imew"d inedwal pracunones.
jiiil Barbershops anti beauty parlors-,
(11 Snndhcpairshops(iticitidiii,,sinall appininces,mowerrepain blade sharparing and
sirnibr imev
I heal CsTate and related services-,
(ch't Na. 3591.
(b11) Insurance
{vii) Bed-and-breakfast
(vi ii) Home pro fcssi on it I wTce m lawyers canal i i i ci n 1)crs o t's i 111 i lar professions, and
(A) 101 other activities not included on either the pernimcd or prohibited list.
let The iblWwhg are pmWNwd Home Occqmkiris:
Animal hoNpitjls�
Dancin�g studios or cxcrc:sc studio'N;
to) Pdvaw chow
i iv i R estauwlt s;
01 Smbks and Icruvely and
(0) Repair or pwnring of motor vchwlcs.nwWdIg mow"y0m.
(vii) Firearm sales