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Home My WebLink AboutA7 ITEM #: 2 DATE: 02-08-17 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: January 30, 2017 APPLICANT: Michelle DeMarie PROPERTY OWNER: Sam and Michelle DeMarie ZONING: RL (Residential Low Density) REQUEST: To allow massage therapy as a Special Home Occupation at 4933 Utah Drive PROJECT DESCRIPTION: This applicant is requesting allowance for a professional massage therapy business to operate as a home business from the residential property. The home is a one-story house with a basement. One of the existing bedrooms (144 square feet) of the residence will be used for the home occupation. No modifications to the home are being proposed for use by the business. The applicant has indicated that the proposed hours of operation will be Monday through Friday from 8:00 a.m. to 5:00 p.m. The applicant explains that no more than 4 clients will visit the home per day and there should not be more than 1 client at the home at any given time. The home has a double car attached garage and at least a double width driveway off of Utah Drive. It is anticipated that clients to the business who arrive by car will park in the applicant's driveway in front of the residence. (See Attachment A) 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. 1 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 2 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. A notice of public hearing was placed in the front yard of the property. 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. On-street parking is allowed on McCarthy and available in front of the residence on Utah Drive, however the applicant has a driveway that is of adequate size to serve clients. Approximately 144 square feet of the 1905 square foot home will be used for the business, which is approximately 8% of the total floor area of the home. (25% is the maximum allowed). No changes will be made to the premises in order to accommodate the home occupation. b. No sign is proposed. c. There will be no specialized equipment or deliveries. d. The applicant will be the only employee. e. The hours of operation will Monday through Friday from 8:00 a.m. to 5:00 p.m. The number of clients will be no more than four in a day. f. NO deliveries associated with the home occupation are expected. The applicant is expecting four clients/day; well under the four clients/hour that is recommended in the Zoning Ordinance and the 10 trips per day limit for clients. g. No classes will be offered. h. There are no other home occupations at this location. Conclusions: The proposed massage therapy business is not expected to exceed 4 visits per day. The primary area utilized for the business will occupy less than the maximum allowed 25 percent of 3 the total floor area of the residence. Parking is acceptable in the applicants driveway and if needed on the street in front of the home. Due to the nature of the business as an appointment based use 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 4933 Utah Drive 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 a massage therapy business at 4933 Utah Drive subject to the home occupation being operated as described herein. 4 "°'� •yin '� � -' ,.. �- .t �. i`. J 1 1 � C J II r � I II r �� w I