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HomeMy WebLinkAbout~Master - Special Home Occupation Permit To Allow A Hedgehog Breeding And Sales Business On The Property Located At 125 S. Russell AvenueCITY OF AMES, IOWA ZONING BOARD OF ADJUSTME I OCT 1 0 2018 C CITY CLERIC CITY OF AWES. IONVA IN THE MATTER OF THE APPLICATION CASE NO. 18-08 OF DEREK LARSON, OWNER OF IOWA GEOCODE NO.09-10-200-090 FAMILY HEDGEHOGS, FOR A SPECIAL HOME OCCUPATION PERMIT, SECTION 29.1304 OF THE AMES DECISION & ORDER MUNICIPAL CODE, TO ALLOW A HEDGEHOG BREEDING AND SALES BUSINESS ON THE PROPERTY LOCATED AT 125 S. RUSSELL AVENUE FACTS Applicant Derek Larson, owner of Iowa Family Hedgehogs, is requesting approval of a Special Home Occupation Permit to allow a hedgehog breeding and sales in the home at 125 S. Russell Avenue. The property is a one and one-half (1-112) story house and the business would be located in a bedroom on the second floor, occupying 198 of the total 2,335 square feet of floor area in the house. The business is registered and recorded with Story County under "Iowa Family Hedgehogs," and has been licensed by the Iowa Department of Agriculture. A license is pending from the United States Department of Agriculture (USDA). Sales of the hedgehogs will be conducted online and pickups will be done by appointment only during designated hours. No modifications to the home are being proposed for use by the business. Currently there are no employees other than residents of the home who are family. However, the Applicant plans on hiring one non -family member employee in 2019 in order to meet USDA requirements. City Planner Ray Anderson reviewed the site plan, project description, applicable law and Findings of Fact and Conclusions. There will be no physical changes made to the house, nor will there be any noise, or odors, evident outside the house. The number of hedgehogs will fluctuate throughout the year. The Applicant anticipates having approximately 50 adult hedgehogs and 16 baby hedgehogs on any given day. Holidays near the end of the year will be the busiest time for the hedgehog operation. Approximately 50 adults and 60 baby hedgehogs will be kept on -site during this busy period. All customer visits will be by appointment only between the hours of 10:00 a.m. and 9:00 p.m. and there will be no more than one customer per hour and no more than five customers in a day. The average number of customers in a month is anticipated to be ten to fifteen. There will be no noise or odors as a result of the presence of the hedgehogs due to their location in an upper bedroom of the home. No signs are proposed. No specialized equipment, nor outdoor storage, will be required. There the existing paved driveway has enough room for both the owner's vehicles and for customers. One phone call was received requesting more information but no letters of concern were submitted by surrounding property owners. Pa Mr. Anderson also brought up the fact that 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 Chapter 29, Zoning, of the Ames Municipal Code, staff does not believe the hedgehog business would function as a kennel. Further, the word kennel generally applies to dogs and cats only. 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. Board Members Perkins and Bradbury agreed this business is not considered a kennel. Based upon the findings of fact, Mr. Anderson concluded that the proposed breeding and sales of hedgehogs as a home occupation satisfied the criteria provided in Section 29.1304(3) of the Ames Municipal Code. Applicant Derek Larson, 125 S. Russell Avenue, testified that that the one employee he is requesting is required by the USDA to ensure that the business is still overseen if/when he is out of town. Mr. Larson also stated that there was interest in his business from surrounding neighbors and described the educational sessions he provides to schools, libraries, and other groups. Mr. Larson said that most of his sales are not from Ames residents and he ensures that people are educated before purchasing a hedgehog. Council Member Bradbury asked the Applicant how many hedgehogs he currently had and if the numbers will increase dramatically. Mr. Larson said that he currently has fifty hedgehogs but he expects number to double during the holiday period. The average litter size is four hoglets but can be as many as ten. The hedgehogs go to their next home if they are healthy and able around two months old. Mr. Larson also gets about one or two rescue hedgehogs each month. Council Member Schoeneman asked for clarification on how long the Applicant has been doing this business, how the bins are arranged, and what his plan is for cleaning the hedgehog bins. Mr. Larson answered that he got his first hedgehog at a garage sale at ten years old. The bins are plastic and sit on metal shelves with no lids. He cleans out each bin every day. 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 29.1504, a Special Home Occupation Permit for the breeding and sales of hedgehogs at the property located 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. Any person desiring to appeal this decision to a court of'record ii!iay do so within 30 days al"Icr the filing of this decision. Done this 26th day of'Septernber 201 8 . ... . . .... - - - - - - - --------------- --- ------------ kaichel Knutsen Secretar')" tothe 13oard . ........... .... .......... . .. ...... ....... .. Matthew Koehler Cl ia i r