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Home My WebLink AboutA005 - Staff Report dated March 13, 2019 ITEM #: 3 DATE: 03-13-19 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: March 5, 2019 APPLICANT: Sarah A. Beavers PROPERTY OWNER: Karl & Carole Seifert Revocable Trust (under Purchase Agreement by Sarah & Timothy Beavers) ZONING: RL (Residential Low Density) REQUEST: To allow massage therapy as a Special Home Occupation at 4618 Dover Drive PROJECT DESCRIPTION: The applicant is requesting allowance for a professional massage therapy business to operate as a home business from the residential property at 4618 Dover Drive The applicant has been in business with a home occupancy permit for the last 4 years at her current home located at p Y 2016 McCarthy Road. She and her husband are in the process of buying the residential property at 4618 Dover Drive, where she wishes to relocate her existing business. The home at 4618 Dover Drive is a split level house of 2327 sq. ft. plus a partially finished basement. The home office area of 551 sq. ft is connected to the house, but has its own entrance. It is anticipated that only half of the office area would actually be utilized for the business. No modifications to the home are being proposed for use by the business. The applicant has indicated that the proposed hours of operation will be Wednesday from 2:00 p.m. to 7:00 p.m.; Thursday from 9:00 a.m. to 2:00 p.m.; Friday from 4:00 p.m. to 6:00 p.m.; and Saturday from 8:00 a.m. to 2:00 p.m. by appointment only with no more than three appointments per day. The applicant indicates that she is interested in adding Tuesday afternoons or evening for more options in the future. The applicant explains that no more than 3 clients will visit the home per day and there should not be more than 1 client at the home at any given time. The home has a 2-car attached garage and a double wide driveway to Dover Drive. It is anticipated that clients to the business who arrive by car will park in the applicant's drive way or on Dover Drive in front of the residence. (See Attachment A) 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. 1 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. (i i) 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 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. 2 (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. (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: Notification was made to all owners of property within 200 feet. A notice of public hearing was placed in the front yard of the property. 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 is off-street parking available to clients on the applicant's double wide driveway as well as on-street parking available on Dover Drive in front of the residence. b. No changes will be made to the premises. c. A maximum of 551 square feet of the 2327 square foot home will be used for the business, which is approximately 23.7% of the total floor area of the home. (25% is the maximum allowed) d. No sign is proposed. e. There will be no specialized equipment or deliveries. f. The applicant will be the only employee. g. The hours of operation will be Wednesday from 2:00 p.m. to 7:00 p.m.; Thursday from 9:00 a.m. to 2:00 p.m.; Friday from 4:00 p.m. to 6:00 p.m.; and Saturday from 8:00 a.m. to 2:00 p.m. by appointment only, with the option of adding Tuesday afternoons or evening in the future. h. The number of clients will be no more than three per day. i. There are no other home occupations at this location. 3 Conclusions: The proposed massage therapy business will not exceed the allowed 10 visits per day. The primary area utilized for the business will occupy less than the maximum allowed 25 percent of the total floor area of the residence. Parking is acceptable in the applicants driveway and if needed on the street in front 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 a massage therapy business at 4618 Dover 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. 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 a massage therapy business at 4618 Dover Drive subject to the home occupation being operated as described herein. 4 Attachment A f � PROPERTY IV 71 s � Y LOCATION MAP 4618 Dover Drive t 0 100 200 400 Feet N 5