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HomeMy WebLinkAboutA006 - Staff Report continued from September 11, 2019 ITEM #: 2 DATE: cont'd 09-11-19 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: September 6, 2019 APPLICANT: Yassir Obeid, Clean Indeed Carpet PROPERTY OWNER: James & Irene Brekke ZONING: RL (Residential Low Density) REQUEST: To allow carpet cleaning, water damage mitigation, and odor removal as a Special Home Occupation at 4004 Arkansas Drive PROJECT DESCRIPTION: The applicant is requesting allowance for a professional cleaning business, Clean Indeed Carpet, to operate as a home business from the residential property at 4004 Arkansas Drive. The business specializes in cleaning rugs and carpets, water damage mitigation, and odor removal. The applicant, who owns the business, started the company in 2010. He has operated the business since September 2017 at the current address (See Aerial Site Map — Attachment A), The City received a complaint concerning the business for parking and visitors to the property. The applicant applied for the Special Home Occupation after being contacted by Staff. The subject property contains a one-story duplex (each unit has a basement). The Story County Assessor lists the square footage of the whole building (both units — not including the full basement) as 1,728 square feet. The units are arranged one in front of the other: 4006 is closer to the street with its door on the primary facade and 4004 is in the rear with its door on the east side of the structure. Each unit has a driveway: 4006 on the west and 4004 on the east (see Attachments A & B). No modifications to the home are proposed for use by the business. The owner of the property is in the process of completing a detached garage that will be used in part by the applicant for the storage of chemicals and detergents. The detached garage has not had a final inspection. The applicant has indicated that the proposed hours of operation will be standard business hours, during daylight. The website for Clean Indeed Carpet lists the business hours as 8:00 a.m. to 8:00 p.m. Monday through Friday, 1:30 p.m. to 8:00 p.m. on Saturday and no hours on Sunday. The applicant has stated the following regarding the use: - no customers visit the premises - one employee at a time, in addition to himself, comes to the property and together they 1 leave for a job site the one employee parks in the driveway of 4004 - two company vehicles are parked in the driveway: the van containing the carpet cleaning equipment and a company pickup truck several company trailers are stored off-site a desk with a computer is used in the home for the business approximately 50 square feet in the garage is used for storage The business related activities are confined to the two company vehicles, the garage storage, and the use of a desk in the residence. 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. 0 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. n 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 2 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. 0 Only one delivery vehicle associated with the activity may be parked on the street near the premises for not more than four consecutive hours. n 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. n 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: The applicant has stated that: a. There is off-street parking available to one employee on the applicant's 90-foot long, 3 10-foot wide driveway. On-street parking is also available in front of the residence on Arkansas Drive. b. No changes will be made to the premises, except for the completion of the garage. c. Two company vehicles are parked at the property: a van containing the carpet cleaning equipment and a pickup truck. d. Approximately 50 square feet of the 480 square foot garage will be used for the business. (The maximum for an accessory structure is 400 square feet.) e. The space used for the business inside the dwelling is 10 square feet and that the same computer used for personal use is used for the business. (The maximum space allowable is 25%.) This activity will take place in one room in the house. f. No sign is proposed. g. There will be no commercial deliveries. h. Specialized equipment is housed within the company van that drives to the client properties. Associated detergents and chemicals will be stored in the garage. The Fire Inspector, after reviewing the list of detergents and chemicals in their respective quantities, does not oppose the on-site storage. i. Only one employee at a time, in addition to the applicant, will be present at the home. j. The hours of operation for most services will be 8:00 a.m. to 8:00 p.m. Monday through Friday, and 1 :30 p.m. to 8:00 p.m. on Saturday. Water damage services are available to customers 24 hours a day, 7 days a week. k. Clients will not visit the property. I. There are no other home occupations at this location. Conclusions: The proposed cleaning service business will not exceed the allowed 10 visits per day (this maximum is inclusive of employee and service calls). The primary area used for the business will occupy less than the maximum allowed 25% of the total floor area of the residence. Parking is available either in the applicant's 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 to allow carpet cleaning, water damage mitigation, and odor removal as a Special Home Occupation at 4004 Arkansas Drive. The Board must also decide on allowing the non-family member employees, per Chapter 29 — Zoning, Section 29.1304(3)(d) which limits employment to "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." 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 4 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, including the approval of the two non-family member employees. This will allow the applicant to proceed with a carpet cleaning, water damage mitigation, and odor removal business at 4004 Arkansas Drive subject to the home occupation being operated as described herein. 5 Attachment A071"1 r ARKA SAS DR . . •'� _ �`* � •�1 1 ; :�., �' Sri• � • r 4�Po I If• �y . 4006 4004 3914 r IF r 4004 Arkansas Drive Aerial Site Map Special Home Occupation 20 Created on September 5, 2019 1 Feet ATTACHMENT a Street View . Front Door �-.--- ��..:, , • ... �•.,� s�fA•... - of • Property