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Home My WebLink AboutA3 4 ITEM # DATE: 05-13-15 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: May 8, 2015 APPLICANT: Melissa Ausborn PROPERTY OWNER: Scott and Melissa Ausborn ZONING: RL (Low Density Residential) D Care Home as a Special Home Occupation at 5418 Frost REQUEST: To allow a Family a Q Y Y p p Drive PROJECT DESCRIPTION: An application has been submitted by Melissa Ausborn to request approval of a Special Home Occupation to allow for a Family Day Care Home business located at 5418 Frost Drive (See Attachment A, Location Map). The day care home business would allow for up to 6 children on Monday through Friday from 7.00am to 5:15pm. 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 725 square feet of the area of the basement (450 sgft) and first floor (275 sgft) is being proposed for the proposed home daycare business. 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. (1) 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 1 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. (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 2 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. 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 family day care home business for up to 6 children that will run from generally 7:00 am to 5:15 pm, Monday through Friday. b. The activity at this location will consist of a family day care home which will not require any revisions to the home. The proposed use will be conducted in the basement and first floor levels of the home. c. The applicant states that there is no activity that would affect neighbors. d. The applicant states that approximately 725 square feet of the basement and first floor levels will be used, 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 she resides in the home and is the only 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 3-4 additional vehicles on the driveway, in addition to the garage. 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 family day care home 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 3 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 family day care home business as a Special Home Occupation at 5418 Frost Drive, based on the findings of fact and conclusions described above. 2. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow a family day care home business as a Special Home Occupation at 5418 Frost 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 family day care home business as a Special Home Occupation at 5418 Frost Drive. 4 ATTACHMENT A LOCATION MAP 5440 w1 0 5409 O 5415 5421 1- IR Subject Property e � 5410 5414 RI 5418 5422 y 5426 vg c U£ 4 IN �x i 3 sa 5321 5418 Frost Drive F, Special Home Occupation Day Care Home 5