HomeMy WebLinkAboutA6 ITEM #: 3
DATE: 02-14-18
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: February 8, 2018
APPLICANT: Kimberly Vanous
PROPERTY OWNER: Thomas and Lori Brown
ZONING: RL (Residential Low Density)
REQUEST: To allow a Tortoise Rescue and Sanctuary facility on the property located
at 2516 White Oak Drive.
PROJECT DESCRIPTION: An application has been submitted by Kimberly Vanous
requesting approval of a Special Home Occupation to allow a tortoise rescue facility in
the home at 2516 White Oak Drive. The home is a split level house. The business
would be located on the basement floor and occupy a total of 213 square feet of the
3191 square feet of floor area in the house (including basement area). The business is
a 501(c)3 non-profit organization and licensed as an animal welfare facility. The
purpose is to rescue, rehabilitate and foster unwanted tortoises, adopt them to new
owners off site and provide education on proper care off site. (See Packet item — Floor
Plan). No modifications to the home are being proposed for use by the business. The
business will have no designated hours of operation as it will not be open to the public.
There will be no employees other than residents of the home who are family. (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 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. There will be no clients visiting the business as the home will be kept private.
Those surrendering or adopting are met in a neutral location elsewhere. No
changes would be made to the premises.
b. Approximately 213 square feet of the 3191 square feet of gross floor area in
the single-family dwelling would be used for the business, which is
approximately 6.7% of the total floor area of the home (25% is the maximum
allowed).
c. There will be no signage for the business.
d. There will be no specialized equipment or deliveries.
e. The applicant will have to no employees working for them.
f. There are no scheduled hours of operation for the business as the home is to
be kept private.
g. No clients will be coming to the house.
h. There are no other home occupations proposed at this location.
Conclusions:
The proposed tortoise rescue facility will not have clients or deliveries coming to the
home directly. The primary area utilized for the business will occupy less than the
maximum allowed 25 percent of the total floor area of the residence. The facility is also
deemed not to be an 'animal hospital' which are prohibited as a home occupation as the
tortoises coming to this facility are not arriving to receive medical care. There will be no
noise or odors as a result of the presence of the tortoises due to their location in the
basement of the home. 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 an office for a Tortoise Rescue Facility at 2516 White Oak 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.
PLANNING AND HOUSING 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 Tortoise Rescue Facility, subject to the home occupation being operated as described
herein.
Attachment A- Location Map
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Zoning Map
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