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Home My WebLink AboutA6 a CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: August 10, 2016 APPLICANT: Devon Uric PROPERTY OWNER: Devon Uric ZONING: RM (Residential Medium Density), O-SFC (Single Family Conservation Overlay) REQUEST: To allow an office for direct and online sales as a Special Home Occupation at 1009 Clark Avenue. PROJECT DESCRIPTION: An application has been submitted by Devon Uric requesting approval of a Special Home Occupation to allow for a direct and online sales business in the home at 1009 Clark Avenue. The home is a two and a half-story house with a basement. The business would be located on the main floor and occupy a total of 105 square feet of the 1,456 square feet of floor area in the house. This area will be large enough to allow for storage of inventory and a work space that includes a table/desk and laptop computer. No modifications to the home are being proposed for use by the business. There are no set hours, as customer visits are not expected to be a daily occurrence and visits will be light and intermittent. The applicant explains that there will be no other employees. The home has a detached garage and a driveway to Clark Avenue. The site will be able to accommodate 4 off- street parking spaces for potential clients. There will be occasional client visits to the site for demonstrations and gatherings. (See Attachment A — Location Map) 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, 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. (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: Mailed notification was made to all owners of property within 200 feet of the subject property. In addition, a sign was placed in the front yard of the property as notice of the public hearing. 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. No changes would be made to the premises. b. Approximately 105 square feet of the 1,456 square feet of gross floor area in the single-family dwelling would be used for the business, which is approximately 7.2% of the total floor area of the home (25% is the maximum allowed). c. The applicant does not propose to use any signs. d. There will be no specialized equipment or deliveries unusual to a residential area. e. Only one member of the household will be employed. f. Driveway parking can accommodate 4 vehicles; most trips will be no more than 5 minutes per visit. Customer visits are not expected to be a daily occurrence. Visits to the home will be light and intermittent. It is possible that up to 10 vehicles will visit in a day, but this would be a very busy day. Deliveries would be limited to no more than twice weekly and be from standard delivery services (FedEx, UPS, USPS, etc.) g. There will be no classes on site. h. There are no other home occupations proposed at this location. Conclusions: The proposed direct and online sales business will not exceed the ten vehicular visits allowed per day, and parking is acceptable as proposed in the driveway of the home. 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 direct and online sales business at 1009 Clark Avenue, 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, 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 establishing a direct and online sales business at 1009 Clark Avenue, subject to the home occupation being operated as described herein. 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