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HomeMy WebLinkAbout~Master - Special Home Occupation Permit to operate a snake breeding & sales business at 4630 Twain StreetCITY OF AMES, IOWA ZONING' BOARD OF ADJUSTMENT IN TIIE MATTER OFTHEAPPLICATION OF KYLE THOMPSON FOR A SPECIAL 110MEO(""CUPATION PERMIT, § 29.1304(3), AMES MUNICIPAL CODE, To OPERATE A SNAKE' BREEDING & SALES BUSINESS ONTHEPROPER' Y LOCATED A,r 4630 TWAIN STREET FACTS CASE NO. 15-16 N OV 1 3 2 015 CITY OF AVF-S, IOWA G'E'OCODE NO. 09-07-425-040 DECISION & ORDEIR Applicant Kyle 'I'lionipson is seeking a Special 11011-IC OCCLIpati011 Perrint, to allow for a snake breeding, and sales bUSiflCSS at his home at 4630Twain Street. Tlic home is rental and is zoned F-PRD (Planned Residence District). The owner ol'the property is in support ol'the application. Mr. Thompson previously applied for a. Special I forne Occupation Permit in JUly 2014, but was denied, and lie now reapplies. Mr. Thompson currently has about 44 snakes in the basement, of his three bedroom residence. None ol'the snakes are VC110111OUs. All are pythons and boas, 15 of'which are more than six feet long and, therefore, are registered with the (.-'Ity's Animal Control. Tlicir food SOLII-CC Is rodents, which are shipped to the residence frozen and kept ill a freezer until needed. Delivery ot'the rodents occurs approximately once per month. The applicant sells the snakes mostly through the Internet, and ships the snakes to the purchaser. He also sells snakes at reptile expositions. The applicant has worked with Ames Aninial ('ontrol to ensure compliance with the "D,111Z- 0CMLIS Wild Animals- section of" the Ames Municipal (.,,'Ode, Chapter '). DIVIS101-1 11, il'ICILIding, Section 3.30 1 (4), and is currently in conipliance. Stafftestified that it believes Mr. Thompson's application meets the requirements (.)I' Allies Municipal (.'ode section 29.1304(3), and recommends approval. MCrnbCrS 01'tllC public testified both in favor of, and in opposition to, the application. Veterinary SILI(ICIIIS with all exotic - animals club 1rom Iowa State University testified in support ot'the Application. Landlords who own property near the subject property noted they had lost tenants because of the snakes. Several written corrimUniCations noting opposition were received from neighbors. (.)lie other reptile owner/breeder, also an Ames resident, testified in I'lavor ol'the application, Mr. Thompson testified that tie has required permits from the I, 1S t)ept. of' Agriculture, and the Iowa Department of'Agriculture. The business is conducted over the Internet and at expositions %vitli 110 CLIStomers on the premises. The activity at this location will consist of snake/reptile breeding which will not reqLlll'e any revisions to the ]ionic. The proposed use will be COIRILICtCd in the basement of the home. Two Hundred forty square feet of' the house will be used, out of a total area of the 110LISC of 1,696 square I'm (14(Xo), which meets the maximum (25%) code area permitted lor as Special lion -le occupation. No mechanical equipment is used. No exterior sign is proposed. There are no employees. There will be a ITIaXiIIII-1111 of one to two visits per week to the liorric; a mix 01' customers and delivery vehicles. Likely average will be one or two visits per month. Deliveries to tile home will be seldom. There Lire no other home occupations at this location. Staff recommended conditions on approval, as allowed Under section 29.1304(2)(b). The conditions were: a) The permit will he 1`6r the period of' one year rind the ZonHig Board of' AdJUStIllent must approve a new permit in order fir the home occupation to continue beyond that period; b) No more than eight breeding pairs of'snakes shall be used, lor the business; c) No other reptiles are bred or sold. Mr. Thompson indicated he would accept those conditions. Ttie Board Lidded another condition, d) that the applicant MUSt maintain all active licenses and permits. DECISION The Board considers the requirements of Ames Municipal. Code section 29.1403(3). and the facts as described above, and approves the applicant's Special home Occupation permit with the following conditions: a) J'he permit will be for the period of one year and the Zoning Board of Adjustment must ij­,)prove a new permit in order lor the home occupation to coritMUC beyond that period; b) No more than eight breeding pairs of'snakes shall be used for the bUSiFICSS, c) No other reptiles are bred or sold; and, d) The applicant must maintain all active licenses and perrnits. ORDER WHEREFORE, IT IS ORDERED that the applicant is GRANTFI), section 29.1403(31) of' the Ames Municipal Code, a Special Horne Occupation Permit J`Or a snake breeding/sales business on the property located at 4630 Twain Street, subject to the conditions noted above. Any person desiring to appeal this decision to a COUrt of' record may do so within 30 (.lays after the filing of this decision. Done this 28t" day ol'Oetober, 2015. Erin Cain Secretary to the Board