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HomeMy WebLinkAboutA004 - Staff Report Dated September 21, 2018 ITEM #: 18-08 DATE: 09-26-18 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: September 21, 2018 CASE FILE NO.: HOC-000534 PROPERTY OWNER & APPLICANT: Derek Larson ZONING: UCRM (Urban Core Residential Medium Density) REQUEST: To allow a hedgehog breeding and sales business as a home occupation on the property located at 125 S. Russell Avenue. PROJECT DESCRIPTION: The applicant proposes to operate a hedgehog breeding and sales business, out of his home at 125 S. Russell Avenue (see Attachment A—Location &Zoning Map). To operate the business at this location requires a Special Home Occupation Permit issued by the Zoning Board of Adjustment. The property, which includes 7,000 square feet, is located in the Urban Core Residential Medium Density (UCRM) zoning district in an older established neighborhood. On this property is a one and one-half (1-1/2) story house, with a one-car detached garage (see Attachment B — Photo of the House at 125 Russel! Ave.). The house was built in 1928, and the detached garage was constructed in 1930. The house includes a total of 2,335 square feet of gross floor area, counting the basement and the two levels above ground. There are four bedrooms with two on the first floor and two on the second. The owner proposes to keep the hedgehogs in a bedroom, and the bedroom closet on the second floor of the house. The size of the bedroom and closet together totals 198 square feet. The number of hedgehogs in the bedroom, including the closet, will fluctuate throughout the year. The applicant states that he anticipates to have approximately fifty (50) adult hedgehogs, and sixteen (16) baby hedgehogs on site on any given day. Holidays near the end of the year will be the busiest time for the hedgehog operation. Approximately fifty (50) adults, and sixty(60) baby hedgehogs will be kept on-site during this busy period. The hedgehogs are kept in plastic bins that includes an exercise wheel. The space required in the plastic bins is approximately three (3) to four (4) square feet. The size of the bins varies depending upon whether it is for males, females, or pregnant females. The animals will be African Pygmy Hedgehogs, also known as four-toed hedgehogs (see Attachment C— Hedgehog Information). They typically range in size from one (1) to two (2) pounds. The breeders will stay in the home at 125 Russell Avenue for a period of three (3) to five (5) years, but only two (2) to three (3) months for the babies. Hedgehogs will be purchased through the business web site. It will then be necessary for the customers to pick up the animals at 125 S. Russell Avenue. A license is required from the USDA (United States Department of Agriculture), and from the Iowa Department of Agriculture. The applicant has obtained a license from the State of Iowa, and issuance of a license from the USDA is pending. The business is registered and recorded with Story County under "Iowa Family Hedgehogs." 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. (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 ail 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: Based upon information provided by the applicant, the following findings of fact may be made: FINDING 9. According to the applicant's request, that the activity conducted in this single family dwelling will be the breeding and sales of hedgehogs. There will be no physical changes made to the house, nor will there be any noise, or odors, evident outside the house. The applicant makes the following statement in the application: "You would never know I even owned the animals unless 1 brought you upstairs inside my house." The applicant states that the activity will be located entirely inside the house, which includes a total of 2,335 square feet of floor area, including the basement and two floors. There are two bedrooms on the first floor, and two on the second floor. The hedgehogs will reside in one of the bedrooms on the second floor. The size of the bedroom, including the closet is 191 square feet. The desk used by the applicant for the business adds another seven square feet, for a total of 198 square feet, which comprises 8.47% of the total floor area of the house. This is within the maximum of 25% permitted for a home occupation in the residence. FINDING 2. The applicant states that no signs are proposed on the exterior of the house for the home occupation. FINDING 3. According to the applicant's request, the proposed business does not require specialized equipment, nor will there be any outside storage. Merchandise sold in connection with the sales of hedgehogs will all be kept in the closet in the room where the hedgehogs are kept. FINDING 4. The applicant states that he does not have any employees. However, an employee, that will not reside in the dwelling, may be added in 2019. FINDING 5. According to the applicant's request, there will be no more than one (1) customer per hour, and no more than five (5) customers in a day. All customer visits will be by appointment only between the hours of 10:00 am, and 9:00 pm. Saturdays and Sundays will be the busiest days when there could be as many as four (4), or five (5) customers. The average number of customers in a month is anticipated to be ten (10) to fifteen (15). This is within the maximum of ten (10) vehicular visits allowed per day for a home occupation. FINDING 6. The owner proposes to use his existing single-wide driveway for the parking of customer vehicles. He indicates in the application that the driveway will accommodate three (3) vehicles. The detached garage provides parking for one additional vehicle, for a total of four (4) on-site parking spaces. The applicant states that there will be no more than one (1) customer an hour. Food for the animals will be delivered by UPS once a month. The delivery of other supplies is anticipated every three (3) months. FINDING 7. No classes will be held at this location. FINDING 8. There are no other home occupations. CONCLUSIONS: The Municipal Code allows for home occupations to permit residents a broad choice of livelihood, or to supplement incomes. However, the Code is intended to protect residential areas from the adverse impacts of such activities. On October, 2015, the Zoning Board of Adjustment (ZBA) considered an application for a Special Home Occupation to allow the breeding and sales of certain types of nonpoisonous snakes. The applicant was granted a Special Home Occupation Permit, with conditions. The proposed hedgehog business could potentially be considered a kennel. Kennels are prohibited as a home occupation. Although there is no definition of "kennel' in the definitions found in Article 29, Zoning, of the Municipal Code, staff does not believe the hedgehog business would function as a kennel. If the ZBA considers the proposed hedgehog business to be a "kennel", then the request for a Special Home Occupation Permit must be denied. If the ZBA does not consider the proposed hedgehog business to be a kennel, then the Board must evaluate the request for a Special Home Occupation Permit by the criteria included in the Municipal Code, and the findings of fact in this report. Based upon the findings of fact, staff concludes that the proposed breeding and sales of hedgehogs as a home occupation satisfies the criteria. There will be no physical changes made to the house, nor will there be noise, or odors evident outside the house. No signs are proposed. No specialized equipment, nor outdoor storage, will be required. There may be the need to hire an employee in 2019, which will require approval by the ZBA, prior to hiring the individual. The proposal falls well within the limit of ten (10) vehicular visits per day. There is room on-site in the existing paved driveway for the owner's vehicles, and for customers. No classes will be held at this site, and there will be no other home occupations on the premises. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation Permit for the breeding and sales of hedgehogs, at 125 S. Russell Avenue, subject to the home occupation being operated as described herein. 2. The Zoning Board of Adjustment may approve this request for a Special Home Occupation Permit for the breeding and sales of hedgehogs, at 125 S. Russell Avenue, subject to the home occupation being operated as described herein, including approval for the employment of one non-family member. 3. 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. 4. 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 #2. This will approve the Special Home Occupation Permit to allow the breeding and sales of hedgehogs at 125 S. Russell Avenue, subject to the home occupation being operated as described herein, including approval for the employment of one non-family member. Attachment A- Location & Zoning Map _ . ri . �� �ie s yg0. a t x TK- W i ' iT y r jw 4 "`'` UVCO'1 }INAY tLINbDL�[.WAY SUN_COtMWAY tL11N C:,[LM AYA ✓. Z ti i1 •� ;'°t,,�xo 'v� 4-` Y, 3� -� `` r� •tea a - � f�, S.+ ; ci LU } t { e 'e x s } f#, Russell Ave.. `i 3 IJ zf iL 2� S. Al �uctznn xj l� th F _ h 1 _ "U a�R si d IUI >I Q �-- rban CoF a ent�al ed'um ensity _- I c { a J_ � tt _14 ftV ,."1 "' 2"• :.. `':mark y` ,'. s. AA t.� a lhhsn Core Residentle{Medium Deng ly Zone VCRM^(sec29.703) g g v GmernmenVAepmt D b trill"5-GA"(sec 29.1002) } ` f Location & Zoning Map -c 125 S. Russell Avenue. 1 0 40 80 160 240 Feet '�l V�kz �'`�• t `• .`i�al � L. �r'�'�. � it`die�{. '�7.i'. � f7�. '�'F rf'' yyr.R f!rs - ywY }}: ro s',S�r ► h � r_ rfy i �•r." ���hJ i Ri •sx 2 J�,�ti.� a � r 1,.,� vi - ilk :iri WOW A Alf, rttp �. y.[T fJ yea �yy a w • z #w ¢ s, Attachment C- Hedgehog Information Hedgehogs x .y..Y,�.y,. ..";-�`_,bfw SAC. y � '•: Hedgehogs are mammals that have been around for millions of years.These animals naturally live through most of Africa and in southern Europe. They are primarily insectivores,but will eat a variety of different animal and plant matter when available.They are nocturnal and spend most of the day sleeping and become active at dusk. A hedgehog's most distinctive trait are his quills.Quills are sharp hollow hairs that are used as a defense.When threatened,a hedgehog is able to curl up into a bail with its quills extended. The quills usually have white tips with brown bands and act as camouflage, Other color variations can be brown, black,cream,gray,and even albino. Hedgehogs as Pets The African pygmy hedgehog is the most common type sold as pets.It can grow to be around six to nine inches . long.Four to six years is a normal life span,but a pet hedgehog can live up to ten years.It is a solitary animal and should live alone. A hedgehog is a very active animal.He will require a large cage even though he is small.Fortunately,there are many cages of adequate sire available for reasonable prices.He will also need time outside of his cage to explore and run around. Since hedgehogs are nocturnal,they are best for people who are home in the evenings and at night.A hedgehog may not be a suitable pet for small children. Sometimes kids can be overzealous with their affection causing a hedgehog to become afraid and extend his quills.This could lead to injury of a child or pet. A hedgehog is fun to watch,quiet,not aggressive,and is fairly easy to care for.It is a clean animal and has very little smell.His food is easily attainable and inexpensive.A hedgehog can be a wonderful addition for someone who wants a unique and entertaining pet. http://hedgehogcare.org/ 9/10/2018