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HomeMy WebLinkAboutA12 e ITEM #: 3 DATE: 11-12-19 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: November 5, 2020 APPLICANT: Yassir Obeid, Clean Indeed Carpet PROPERTY OWNER: James & Irene Brekke ZONING: RL (Residential Low Density) REQUEST: To review a Special Home Occupation allowing carpet cleaning, water damage mitigation, and odor removal at 4004 Arkansas Drive PROJECT DESCRIPTION: On November 13th, 2019, the Zoning Board of Adjustment approved a Special Home Occupation Permit to allow carpet cleaning, water damage mitigation, and odor removal with a maximum of two non-family member employees at 4004 Arkansas Drive with the following conditions: 1. There shall be no on-site operation of cleaning equipment for customers. 2. The number of employees shall be no more than two non-family members as set forth in Sec. 29.1304(3)(d). 3. Loading and unloading of service vehicles may only take place in the driveway of the residence at 4004 Arkansas Drive. 4. Chemicals shall be secured in the garage or in work vehicles at all times. 5. The Special Home Occupation Permit shall be reviewed with a public hearing in one year to determine whether it has complied with all conditions imposed by the Board and otherwise complied with all other requirements of the City Municipal Code. The approved Permit did not have an expiration date included as part of its approval and the one- year review does not require any specific action as a result of the Board's requested review. No citations have been issued by the City related to the Permit, although a complaint was received regarding this site and it is discussed below. A one-year review is not a component of the City's Special Home Occupation standards or its enforcement procedures with Article 16 of the Zoning Ordinance, therefore staff has no specific recommendation or action related to the item. Parking Complaint: In May of 2020, the City received a complaint from a neighbor regarding vehicles parked on the street related to the home occupation. City Code Ch. 18, Parking (Sec. 18.9) prohibits parking in the same location on a City street for more than 48 hours. According to Parking Enforcement, the vehicles in question were moved before enforcement could occur. 1 PUBLIC NOTICE: 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. 2 , x , Attachment A K _ Of pa ARKANSAS DR, u s • 11l t' Approximately 4012 4006 4004 Ell nor JPIW 4004 Arkansas Drive Aerial Site Map Special Home Occupation 20 Created on September 5, 2019 Feet ATTACHMENT B r Des • M i 0 Ile IMP r = e , Street View of Subject Property ATTACHMENT C 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. (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 1 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... (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. 2 ATTACHMENT D r— ' CITY OF AMES, IOWA ONING BOARD OF ADJUSTMENT CITY CLERK CITY OF A'1:=_5, IOWA IN THE MATTER OF THE APPLICATION CASE NO. 19-08 OF YASSIR OBEID, FOR A SPECIAL HOME OCCUPATION PERMIT, GEOCODE NO. 09-05-107-270 SECTION 29.1304 OF THE AMES MUNICIPAL CODE, TO ALLOW THE DECISION & ORDER OPERATION OF A CARPET CLEANING, WATER DAMAGE MITIGATION AND ODOR REMOVAL BUSINESS AT 4004 ARKANSAS DRIVE FACTS Applicant Yassir Obeid is a tenant of the property located at 4004 Arkansas Drive,which is owned by James and Irene Brekke. Mr. Obeid has operated a cleaning service, Clean Indeed Carpet, out of the property for some time without obtaining a permit from the City. After the City received complaints and contacted Mr. Obeid, he applied for a Special Home Occupation permit. The Board of Adjustment reviews applications for Special Home Occupation Permits under Ames Municipal Code section 29.1304(2). City Planner Benjamin Campbell presented the application to the Board, which met on three separate occasions regarding this application--September 11, 2019, October 23, 2019 and November 13, 2019. Evidence presented to the Board established that Clean Indeed Carpet specializes in cleaning rugs and carpets, water damage mitigation and odor removal. Mr. Obeid has operated the business at 4004 Arkansas Drive since September 2017. The property is a one-story duplex comprised of 4004 and 4006 Arkansas. Each unit has a 90 foot long driveway, and no modifications to the home were proposed for use by the business. Mr. Obeid is in the process of completing a detached garage that will be used partially for the storage of chemicals and detergents. He has indicated that the proposed hours of operation will be "standard business hours" which are listed on his business website as Monday through Friday 8:00 a.m. to 8:00 p.m. and 1:30 p.m. to 8:00 p.m. on Saturday. There are no hours on Sunday although Mr. Obeid does respond to emergency water damage. Mr. Obeid currently uses his 90 foot driveway to park two work vehicles, a personal use vehicle and a moped. No customers visit the premises,however,evidence was presented that,on occasion, a neighbor or friend will stop by to request assistance. Mr. Obeid stated that only one employee at a time is at the property, and the employee will park in the driveway. He identified two company vehicles parked on site as well. Several company trailers are stored offsite. A desk with a computer is used in the home for business and approximately 50 square feet of the garage is used for storage of business materials. Mr. Obeid currently has one employee but stated that at times he has had 3-5 employees. Only one employee is typically at the property at a time, unless picking up paychecks. Planner Campbell stated that Special Home Occupations shall employ only members of the household residing in the dwelling unless approval is granted by the Zoning Board for the employment of up to two non- family members. The ordinance does not differentiate between on-site or off-site and does not make a distinction between part-time and full-time employees. The Code permits a maximum of two non-household employees regardless of total hours worked. Notification was made to all property owners within 200 feet, and several neighbors voiced opinions regarding this application both via correspondence as well as in person during the September 11 and October 23 meetings. Sandy Whipple lives in the adjoining duplex at 4006 Arkansas Drive, and she presented photographs of her yard and vehicles parked in the street to the Board. She stated she has noticed an odor when Mr. Obeid runs his equipment outside and has also had one of his employees attempt to come into her residence believing it was Mr. Obeid's home. Ms. Whipple also stated that the company hours do not appear to be 8 a.m. to 8 p.m. as there have been workers arriving as early as 5 a.m. and Mr. Obeid sometimes does not get home until 11 p.m. or 12 a.m. Anne Packard of 3908 Arkansas Drive testified and also provided several images to the Board. She stated that there are a total of 13 on-street parking spaces and the applicant has at least one of his vehicles parked on the street at all times. Ms. Packard informed the Board that she has witnessed Mr. Obeid leave his van doors open in his driveway unattended for 15-30 minutes with the chemicals in his van accessible to anyone in the neighborhood. She also stated that Mr. Obeid has added a significant amount of advertising and signage to his personal vehicle. Prior to testifying at the meeting, she had sent a letter to the Board indentifying her concerns with the business operation. The following neighborhood residents also testified: Laura Litster, 4017 Arkansas Drive, Erica Andorf, 4011 Arkansas Drive, Jeri Schares, 4018 Arkansas Drive, Justin Schares, 4018 Arkansas Drive and Katherine Dinas, 3914 Arkansas Drive. Concerns were expressed regarding the street parking and increased traffic. parking in yellow no-parking areas, garbage, increased noise and use of equipment and chemicals. A primary concern cited was the use of chemicals and the risk of children in the neighborhood coming into contact with them. Ms. Dinas testified that Mr. Obeid and his wife have been good neighbors to her,but she expressed concern about neighborhood property values decreasing. The Board also received email correspondence from a neighborhood resident, Laura Leusink, with concerns about the chemicals and increased traffic. When questioned by Board Member Schappaugh about what happens with the wastewater produced from his business, Mr. Obeid stated that it can only go to a car wash or sanitary drainage site. Mr. Schappaugh also asked for clarification on the odors produced by the cleaning products. Mr. Obeid replied that the cleaning products have a mint or menthol fragrance, but nothing that would be classified as pungent or malodorous. He provided the Fire Department material safety data sheets regarding the chemicals and detergents stored on the property and the list was approved. 2 Planner Campbell checked with the Fire Inspector who felt that the chemicals used for the cleaning business did not pose any greater risk than what a person would normally have in their home or garage. Mr. Obeid stated that he planned to keep business vehicles in his driveway. He did not feel that his newest vehicle with advertisement on it and his Ford F 150 with his business name and phone number should be considered business vehicles. He considers them to be personal vehicles that he uses to advertise his business. He also objected to having his vehicles parked offsite as a barrier to providing service for business calls that require an immediate response. Chair Schoeneman asked Planner Campbell if the trailer is permitted to be parked on the street. Planner Campbell referred to the Special Use Permit criteria which states that the activity shall be conducted in a manner that will not alter the normal residential character of the premises. Planner Campbell advised that determining the normal residential character is a subjective criterion within the discretion of the Board. The Board was advised that the City code makes it unlawful for any person to park any vehicle for a period greater than 48 hours upon a City street and an unhitched trailer cannot be parked on the street for any period of time. Chair Schoeneman asked Planner Campbell if employees are prohibited from parking on the street. Planner Campbell stated that they are not prohibited, however there is parking criteria in the Special Home Occupation provisions, but employee vehicles are not addressed. The intent is that no more than two employees are at Mr. Obeid's home. The ten visits per day maximum allowed for a Special Home Occupation includes employees. Board member Bowers disclosed to the Board that he received a call from Drew Kamp with the Chamber of Commerce on behalf of Mr. Obeid. He said Mr. Kamp never asked him how he would vote and did not ask him to vote in a specific way. Board member Bowers did not believe that their conversation would influence the way he viewed the evidence or any information presented. Discussion was held amongst Board members and staff as to what the violation process would be if there were ongoing issues. Planner Campbell stated that it would be on a complaint basis, and if the home occupation was found to be in violation of the permit, the City could revoke the permit. Board member Bowers raised concern that even with adding conditions to the permit it may not prevent the business from causing a nuisance to the neighbors. Chair Schoeneman stated that she is trying to draw the distinction between prior operations without a permit and going forward with a permit. Board member Perkins added that if a person can operate under the conditions of the permit then it should be allowed. Whether it has been a nuisance in the past or whether it could possibly be a nuisance going forward is not something the Board can determine. 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 were met and established by the Applicant. ORDER 3 WHEREFORE,IT IS ORDERED that the applicant is GRANTED,pursuant to Ames Municipal Code Section 29.1304,a Special Home Occupation Permit to allow carpet cleaning, water damage mitigation and odor removal with a maximum of two non family member employees at 4004 Arkansas Drive with the following conditions: 1. There shall be no on-site operation of cleaning equipment for customers. 2. The number of employees shall be no more than two non-family members as set forth in section 29,1304(3)(d). 3. Loading and unloading of service vehicles may only take place in the driveway of the residence at 4004 Arkansas Drive. 4. Chemicals shall be secured in the garage or in work vehicles at all times. 5. The Special Home Occupation Permit shall be reviewed with a public hearing in one year to determine whether it has complied with all conditions imposed by the Board and otherwise complied and with all other requirements of the City Municipal Code. Any person desiring to appeal this decision to a court of record may do so withina0 days after the filing of this decision. Done this 13`h day of November 2019. Ja que gins Amelia Schoeneman cording Secretary Chair 4