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HomeMy WebLinkAboutA6 ITEM#: 4 DATE: 01/10/18 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: December 27, 2017 CASE FILE NO.: ZBA Case File: HOC--000322 REQUEST: To Allow a Bed and Breakfast as a Special Home Occupation PROPERTY OWNER & APPLICANT: Ning & Lawrence Truitt (Owner & Applicant) LOCATION: 2323 Suncrest Drive ZONING: RL (Residential Low Density) PROJECT DESCRIPTION: The site of the proposed Bed and Breakfast (B&B) is a home of approximately 3210 square feet at 2 323 Suncrest Drive, a part of the Suncrest Subdivision. Phase II. The home is a single-story four (4) bedroom house with two (2) bedrooms on the main floor and two (2) bedrooms in the basement, according to Assessor records. The home is located in a low-density residential zone, which allows for a maximum of two (2) guest rooms for bed and breakfast establishments. Based on the applicant's statement, no meals will be served. The home currently provides off street parking for a maximum of six (6) vehicles- three (3) within the attached garage and three (3) in front of the garage. According to the applicant, guests of the B&B 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 (2)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. 2 (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 (2) 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. 3 (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. PUBLIC COMMENT: Notification is being sent to all owners of property within 200 feet. No public comment has been received, at the time this report was prepared. FINDINGS OF FACT: Based upon the project description the following findings of fact and conclusions may be made: 1 . The applicant proposes a B&B in a low density residential zoning district (RL base zone to the FS-RL zoning). 2. No exterior changes are proposed. No activities will be conducted which could cause disturbances detectable at the lot lines. 3. The applicant states that approximately 725 square feet of the principal building will be used, out of a total area of 3210 square feet (23%), which is within the maximum (25%) area permitted to be used for the special home occupation. 4. The applicant indicates that no signs are proposed. 5. No specialized equipment is required and there will be no selling, repairing, or displaying of any merchandise. 6. The applicant resides at 2323 Suncrest Drive and states that no additional employees will be required. 7. No delivery vehicles or other service traffic will be required. 8. No additional parking will be required. Of the six total off-street parking spaces available, two (2) off-street parking spaces will be provided for guests. The remaining four spaces will be available for use by the owner. 9. No classes will be held at this location. 10. There are no other home occupations at this location. 4 CONCLUSION: The Zoning Ordinance allows for home occupations to permit residents a broad choice of livelihood or to supplement incomes. The Zoning Ordinance. however, is intended to protect residential areas from the adverse impacts of such activities. The application indicates the home occupation falls within the criteria for bed and breakfasts. The proposed B&B will not exceed the maximum area permitted and existing parking is currently available to meet the required parking requirements. 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. Staff recommends that clarifying operating parameters of the use with conditions for having a homeowner present on site and a maximum occupancy of two (2) persons per bedroom assists in determining the consistency of the proposed use with the Special Home Occupation criteria. Therefore, based upon the application as described herein, the ZBA may conclude that the application has met all minimum requirements to acquire a Special Home Occupation. ALTERNATIVES: 1 . The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a two (2) bedroom Bed and Breakfast as proposed by the applicant at 2323 Suncrest Drive, subject to staff's findings and conclusions. with the following conditions: a. A homeowner must be present during rental of bed and breakfast bedrooms. b. Occupancy of the two (2) permitted bed and breakfast rooms is limited to two (2) persons for each room. 2. The Zoning Board of Adjustment may deny this request for a Special Home Occupation to allow a Bed and Breakfast at 2323 Suncrest Drive, if it finds that the proposed use does not comply with all criteria. 3. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a two (2) bedroom Bed and Breakfast at 2323 Suncrest Drive, with modifications. 4. The Zoning Board of Adjustment may refer this request back to the applicant and/or to City staff for additional information. 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 . This is a recommendation to approve the request for a Special Home Occupation to allow a two (2) bedroom Bed and Breakfast at 2323 Suncrest Drive, as proposed by the applicant. 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