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HomeMy WebLinkAboutA12 ITEM#: 2 DATE: 02/14/18 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: February 7, 2018 CASE FILE NO.: HOC-000303 REQUEST: To allow a Bed and Breakfast as a Special Home Occupation PROPERTY OWNER & APPLICANT: Robert & Emily Howell (Owner & Applicant) LOCATION: 107 South Riverside Drive ZONING: Urban Core Residential Medium Density Zone (UCRM) PROJECT DESCRIPTION: The site of the proposed bed and breakfast is a home of approximately 2,148- square feet at 107 South Riverside Drive, a part of the Riverside Addition Subdivision. Robert & Emily Howell own and reside at the property in a single-family home. The home is located in the Urban Core Medium Density (UCRM) Residential District, which allows for a maximum of five (5) guest rooms for bed and breakfast establishments with approval of Special Home Occupation. Based on the applicant's statement, the only meal that will be served is breakfast. and this service will occur before 11:00 a.m. The owner plans to provide three (3) guest rooms for lodging. The home will provide off street parking for a maximum of four (4) vehicles. As part of the proposed plan the property owner will create a paved parking area on the south side of the property. Three (3) parking spaces will be available for the guests and one (1) for the owner. The parking area is separated from the neighbor to the south by a six-foot wood fence. According to the applicant, guests of the bed and breakfast will be required to register upon their arrival at the location and provide the following information: name, current address, and license plate number. The register will be kept on site and will be available for inspection upon one day's notice. The length of stay of any guest will not exceed two (2) weeks from the time of registry. The applicant states that they are aware that the Special Home Occupation is not transferable to subsequent owners or to another property, and also aware that the establishment must comply with all local and state regulations. APPLICABLE LAW: The laws applicable to this case file are as follows: 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 which causes 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. (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 (See Bed and Breakfast standards below) (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. Additionally, in order to obtain a Special Home Occupation for a Bed and breakfast, the following standards must be met in accordance with Ames Municipal Code 29.1302: 1 . Guest rooms. A maximum of 5 per structure in the RM and RH Zones and a maximum of 2 per structure in the RL Zone. The Zoning Board of Adjustment may restrict the number of guest rooms to a lesser number. 2. Breakfast shall be the only meal served. This service must occur before 11.00 a.m. Only guests residing in the structure or persons living in the premises may be served. The structure shall not be remodeled into a commercial kitchen unless required by Environmental Health rules and regulations established pursuant to Municipal Code Chapter 11 . 3. Off-Street Parking Requirements. One space per guest room, plus one space for the owner is required. The parking spaces shall meet standards established by section 29.406 of this Ordinance. 4. Guests shall register upon arrival, stating their names, current residence address, and the license plate number of the vehicle that is being used by the guest. The registration form shall be kept by the owner for a period of 3 years and shall be made available for examination by a representative of the City upon one day's notice. 5. Guest stays shall be limited to 2 weeks. 6. The Special Use Permit is not transferable to a subsequent owner or to another property. 7. The establishment must comply with local and state regulations regarding all applicable permits and licenses including, but not limited to fire, health. food service, hotel, liquor, revenue, building/zoning permits and licenses. FINDINGS OF FACT Based upon the project description the following findings of fact and conclusions may be made: FINDING 1. The applicant identifies within the submitted application that there will be no physical changes made to the single family home. Paved driveway and parking area for guests will be added to the site increasing impervious surface area to be used for parking. The proposed parking improvements are consistent with zoning standard for the principal use of the site as a single-family home with an accessory use of a Bed and Breakfast. The applicant also states that only 20% of the home consisting of 436 square feet will be used for the bed and breakfast. FINDING 2. The applicant identifies in the application that there will be no sign. FINDING 3. According to the applicant's request, the proposed business does not require specialized equipment, nor is the applicant proposing to sell, repair, or display merchandise on-site. FINDING 4. The applicant identifies within the application that the innkeeper resides at the bed and breakfast and requires only occasional assistance with cleaning. FINDING 5. Due to the nature of the business, the applicant has stated there will be no regular delivery vehicles or other service traffic associated with the proposed business aside from occasional cleaning staff. FINDING 6. Three off-street parking spaces are provided for guests in addition to one space for the owner. Only those who are registered guests of the bed and breakfast will park at the location. FINDING 7. The owner proposes to pave the remaining gravel driveway, maneuvering and parking area to conform to standards of the Zoning Ordinance. Paved driveways and paved parking areas are allowed in single-family residential zones provided the parking is not in the front yard and the property has a minimum of 60% open space. The proposed four paved parking stalls shown on the site plan are in conformance with Urban Core Residential Medium Density (UCRM) zone residential zone standards and site development standards for single-family homes. Bed & Breakfasts, which are a permitted accessory use in the UCRM zone, are required to provide parking at a rate of one space per guest room along with one for the homeowner. The existing site does not have established conforming parking to meet these standards and must be improved. The newly paved parking area is not found to alter the residential character of the neighborhood due proposed location on the site. FINDING 8. No classes will be held at this location. FINDING 9. There are no other home occupations. CONCLUSION: Based upon the above findings, staff concludes that the proposed bed and breakfast complies with all criteria for bed and breakfasts. Moreover, staff has reviewed the proposed bed and breakfast against all applicable sections of the Ames Municipal Code and finds that the applicant has met all minimum requirements to acquire a Special Home Occupation. ALTERNATIVES: 1 . The Zoning Board of Adjustment can approve this request for a Special Home Occupation to allow a bed and breakfast as proposed by the applicant at 107 South Riverside Drive, subject to staff's findings and conclusions with the following conditions: A. That the existing gravel driveway and maneuvering area be paved no later than August 1 , 2018. B. The homeowner must be present during the occupancy of bed and breakfast bedrooms by guests. C. Maximum occupancy bed and breakfast is limited to two (2) adults per guest room. 2. The Zoning Board of Adjustment can deny this request for a Special Home Occupation to allow a bed and breakfast at 107 South Riverside Drive, if it finds that the proposed use does not comply with all criteria and requirements for a bed and breakfast. 3. The Zoning Board of Adjustment can approve this request for a Special Home Occupation to allow a bed and breakfast at 107 South Riverside Drive, with modifications. 4. The Zoning Board of Adjustment can refer this request back to the applicant and/or to City staff for additional information. PLANNING AND HOUSING DEPARTMENT RECOMMENDATION: Based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative #1 which is a recommendation to approve the request for a Special Home Occupation to allow a bed and breakfast at 107 South Riverside Drive as proposed by the applicant with conditions. Attachment A- Location Map Inv 4 6V <•- 42NDST DST ! "� ■ lid : x f g > y W LINCOLN WAY L114COL11 0AY LINGO LN WAY LINGO LN WAY i 107SP=� DI t, SLA r * 2NDS y W � J 1 J _ Location Map 107 S Riverside Drive Attachment B- Zoning Map W O � n w S N W ✓� K � 2 Z - - LIN COLA WAY LINCOLry„AY LINCO LN VAY LIN OD LN WAY 107 S RNerslde Dr S-GA w UCRM W 0 an � N W Q � N � •1 S2NOST 521ID ST a w o > w < o � w m > > Q (If p� N Zoning Map 107 S Riverside Drive Attachment C- Site Plan MO PROP LINE PROPER-_INS f•4 GATE FENCE UNE 8'ry PLAY AR - - (GARDE IGREEN AREA II 79 Q] b .- .I - PARKING TREE LL GRAVEL 70 BE PAVED 4 I 8 m II b WARKI O 'GONG _ EFP 1ZB ~ II S GATE F.OATE .. T. NOUBE II 1Y' rO pa S$$ Lfi 9B '.l'�Tr-.__ TREEI 8 i &pF, i oo WALK • wj..- DRFLN AREA a ' • PROPERTY UNE SIDE WALK SIDE WALK SIDE WALK- SIOE WALK 8 RWERS DE OR SITE PLAN acuc»r.+a