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HomeMy WebLinkAbout~Master - Special Home Occupation Permit to allow a tortoise rescue and sanctuary facility at 2516 White Oak DriveCITY OF AMES, IOWA MAR 1 4 2018 IN THE MATTER OF THE APPLICATION CITY OF AMES. IOWA OF KIMBERLY VANOUS, FOR A CASE NO. 18-01 SPECIAL HOME OCCUPATION PERMIT, SECTION 29.1304 OF THE AMES GEOCODE NO. 09-16-403-120 MUNICIPAL CODE, TO ALLOW A TORTOISE RESCUE AND SANCTUARY DECISION & ORDER FACILITY ON THE PROPERTY LOCATED AT 2516 WHITE OAK DRIVE FACTS Applicant Kimberly Vanous is requesting approval of a Special Home Occupation Permit to allow a tortoise rescue facility in the home at 2516 White Oak Drive. The home is a split level house and the business would be located on the basement floor occupying 213 of the total 3,191 square feet of floor area in the house. 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. 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. City Planner Justin Moore reviewed the site plan, project description, applicable law and Findings of Fact and Conclusions. There will be no clients visiting the business and those surrendering or adopting are met in a neutral location elsewhere. The facility is also deemed not to be an "animal hospital" which is prohibited as a home occupation, as the tortoises coming into 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. Some phone calls were received requesting more information but no letters of concern were submitted from surrounding property owners. Kimberly Various, 2516 White Oak Drive, testified that most of the rules and regulations do not apply in this case since she desires the home occupation remain private. She does not want unannounced visitors or unexpected drop-offs. Ms. Vanous said inspections are conducted by the State of Iowa, and 14 tortoises are currently cared for. If cages are shared, she could accommodate 15-20 tortoises but has no intention of doing so at this time. DECISION The Board considered the facts as detailed above and provided in the staff report, and found that all of the relevant standards in Section 29.1304(3) were met and established by the Applicant. WHEREFORE, IT IS ORDERED that the applicant is GRANTED, pursuant to Ames Municipal Code Section 29.1304, a Special Home Occupation Permit to allow a Tortoise Rescue and Sanctuary facility in the home located at 2516 White Oak Drive. Any person desiring to appeal this decision to a court of record may do so within 30 days after the filing of this decision. Done this 141h day of February 2018. �4'0� - az� Heidi Petersen Secretary to the Board Chair