HomeMy WebLinkAboutA3 ITEM # 3
DATE: 04-12-17
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: April 7, 2017
APPLICANT: Emrah Simsek
ZONING: RL (Residential Low Density)
REQUEST: Special Home Occupation for the purchase and resale of electronic equipment
PROJECT DESCRIPTION: Emrah Simsek has submitted an application requesting approval of
a Special Home Occupation to allow for the purchase and sale of electronic equipment. The
applicant purchases electronic equipment which is delivered to his home by parcel delivery. He
repackages it and resends it.
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
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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
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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. At the time of the writing of this
report, no public comment has 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 business involving the purchase and resale of electronic
equipment.
b. The activity at this location will be conducted within the existing dwelling. No exterior
changes are proposed.
c. The applicant states that 600 square feet of the principal building will be used, out of a
total area of the house of 2,738 square feet (22%), which is within the maximum
(25%) area permitted for a special home occupation.
d. The applicant proposes no signs.
e. The applicant states that there will be no other employees.
f. The applicant states that incoming shipments by standard UPS or Fed Ex truck will
occur up to five times a week. Outgoing shipments will be picked up by similar parcel
pickup and will occur less frequently—about once a month.
g. No customers will arrive and no additional parking is required. Parcel delivery trucks
typically park in the street. Berkshire Avenue is classified as a local street.
h. No classes will be taught.
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 application indicates the home
occupation falls within the maximum area permitted for such occupation, it meets the parking
and customer visit allowances of the code, and will be limited to typical business hours. 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 the Ames Municipal Code.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation
to allow an electronics purchase and resale business at 3907 Berkshire Avenue based upon
the findings and conclusions above.
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2. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to
allow an electronics purchase and resale business at 3907 Berkshire Avenue, 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 an electronics purchase and resale business at 3907 Berkshire Avenue.
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