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HomeMy WebLinkAboutA009 - Staff Report From September 11, 2019 • ITEM # 3 DATE: from 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 fagade 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. (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 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. (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. 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'sy 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 A `E ALI- ARKANSAS DR �+ .r St( F s, •'` c:...-.era Driveway 1 1 Entra 11En - - . �. ` • 1 1 � W ry 5 , 4012 d010 4008 EMW s. r } _ - 4 �= __ �� it �i Y I•,e 'a l " � a 4004 Arkansas Drive Aerial Site Map Special Home Occupation zo Created on September 5, 2019 1 Feet ATTACHMENT ' ss Street View Front Door..;,� • - � _ �' w�''. Front Door , e---- to 4004 to 4006 � °` . _��• S' r ofSubjectProperty RECEIVED Application Form Last Updated: August 8, 2017 AUG 13 2019 CITY OFAMES,IOWA Special Home Occupation DEPT.OF PLANNING&HOUSING p (This form must be filled out completely before your application will be accepted) 1. Property Address for this Special Home Occupation: 4004 Arkansas Drive, Ames IA 50014 2. 1 (We) the undersigned do hereby respectfully request the Ames Zoning Board of Adjustment to allow a "Special Home Occupation"at the property address listed above. 3. Legal Description (attach, if lengthy): Carpet and Rug Cleaning, Water Damage Mitigation, odor removal. 4. Property Owner: James & Irene Brekke Business: Address: 6020 E Lincon Way, Ames, IA 50010 (Street) (City) (State) (Zip) Telephone: 515-290-2479 (Home) (Business) (Fax) 5. Applicant: Yassir Obeid Business: Clean Indeed Carpet Address: 4004 Arkansas Drive, Ames IA 50014 (Street) (City) (State) (Zip) Telephone: 515-441-1918 (Home) (Business) (Fax) 6. Contact Person: Yassir Obeid Business: Clean Indeed Carpet Address: 4004 Arkansas Drive, Ames IA 50014 (Street) (City) (State) (Zip) Telephone: 515-441-1918 (Home) (Business) (Fax) E-mail address: clean.indeed.service@gmail.com 3 Application Form Last Updated: August 8, 2017 I(We)certify that I(we) have submitted all the required information to apply for a Special Home Occupation Permit and that the information is factual. Signed by: -leeDate: Prope ner(s) Aidy Print Name (Note: No other signature may be substituted for the Property Owner's Signature.) 5 Application Form Last Updated: August 8. 2017 (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. Please indicate the total floor area of the residence, the floor area involved in the home occupation, and whether the home occupation will occupy an accessory building. 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. Please indicate the total area to be used for the family day care home that meets the above criteria. Explain how the request meets this standard. Business uses 20% of 450 sq ft garage Business uses 70% of 900 sq ft driveway. Business uses less than 2% of 1728 sq ft of dwelling Dwelling is a Duplex with unfinished but very usable basement. (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. Please indicate the size, type, color, and location of any sign. Explain how the request meets this standard. 2 trailers are brand new Hallmark enclosed white trailers, with no signage. My 2009 white Ford E-250 work van has signage. signage is very simple as shown in exhibit. There is no other signage as there is no need for one, customers don't come here, we go to them to provide all of our services. 7 Application Form Last Updated. August 8, 2017 (e) Traffic. The activity shall not generate significantly greater traffic volumes than would normally be expected in a residential area. Not more than ten (10) vehicular visits allowed per day shall be allowed. An exception to the number of visits allowed per daymay be permitted for family day care homes due to the number of children or Y P Y Y 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. Explain how the request meets this standard. At any given point, I would not contribute to more than 2 cars worth of traffic on a busy day. (fl 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(4) consecutive hours. (ii) One additional on-site parking space is required above the normal parking requirement where two (2) or more clients are likely to visit the premises concurrently. (iii) No more than four (4) 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. Explain how the request meets this standard. I keep all my business related vehicles on my property. I have no clients, no meetings, no conferences, no demsostraions. I work a lot, always cleaning or organizing my van and trailers for efficiency. 9 Application Form Last Updated:August 8, 2017 Special Home Occupation Permission to Place a "Zoning Action Pending" Sign on Private Property (This form must be filled out completely before your application will be accepted) Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall be posted by the City on the subject property. One notice sign shall be posted for each property. Required signs shall be posted along the perimeter of the subject property in locations that are highly visible from adjacent public streets prior to the public hearing. The owner of property at hereby grants the City of Ames permission to place "Zoning Action Pending"signs on the property for the purpose of informing interested persons of the request for action by the City of Ames. I understand that the signs will be placed on the property several days prior to action on the request by the Planning and Zoning Commission, Zoning Board of Adjustment, or the City Council, and may remain on the property until the request has been approved or denied by the City. Signed by: Date: «-Z2 Prop Owner qn� /L KKL Print Na (Note: No other signature may be substituted for the Property Owner's Signature.) 12 W • �L�� R�����,,�� �.r fit. .'.. � _ 1 � Jib 1 .•t I .. i1 1, 1 `♦ I .. 4 Y 51 S , �� I i w -r IA• 5 � I�1,1 � /, �/� 1 1. i. _ • 1 - mail `ka r Special Home Occupation hearing for 4004 Arkansas Dr I I Il I To the Zoning Board of Adjustment: SEP 1 , 2019 This letter is from Brian and Anne Packard, residents of 3908 Arkansas Dr whi h is 4004 Arkansas Dr, 2 doors away. We are submitting this letter because we ar unabI61 w> ZBA meeting in person. We have visited with Yassir on a personal level and find him to be a friendly neighbor and good person. However, we are concerned about his proposed business in our neighborhood. When Yassir and his family moved to the duplex, he brought with him two work vehicles, a personal vehicle and an enclosed trailer. Due to the fact that the driveway for his unit is a single car width, there was frequent movement of the vehicles to get the proper one out for use and often one or more of the vehicles were parked along the street. At times the truck and trailer were parked at various locations on the cul-de-sac and the trailer was occasionally left on the street with no vehicle. This made an immediate impact on the neighborhood and has negatively impacted the visual character of our residential street. Yassir has now added a third work vehicle - a bright blue electric car with neon green lettering that requires an outside power source which has been brought out to the driveway. n one proposed. but the commercial) labeled The application indicates that there is no signage and n p p y vehicles serve as signage and are obtrusive and detract from the residential character, With the blatant display as a commercial operation, we are concerned that our neighborhood will appear less desirable to potential buyers or renters and that if someone tried to sell or rent property, it would be more difficult to do so due to the appearance. We have noticed in the last couple of weeks that the property has been cleaned up and the vehicles have primarily been kept in the driveway, but are concerned that this is being done to show this property in the best light and has not been the case over the last few months that he's lived here. The staff report indicates that several company trailers are stored off-site, but that has not been the case until just recently; one trailer has been stored at the property since Yassir moved in. Since it is clear that off-site vehicle storage is available to Yassir, we would prefer that all company vehicles be stored off-site and only personal vehicles be allowed at the property. Having multiple commercial vehicles with obvious signage is a nuisance to the residents on Arkansas Dr from the visual standpoint as well as the parking and traffic aspect. While the vehicles are most often stored in the driveway, they have to be moved to accommodate the family use of the personal vehicle and it has not been our experience that the employee parks in the driveway. We disagree with the department recommendation and ask that the Zoning Board of Adjustment deny the request for the Special Home Occupation and non-family member employees. Yassir clearly has access to alternative vehicle storage and should utilize that for his business and employees. We want him to be successful in his business, but not at the cost of the character of the residential neighborhood that we chose for our home. tit R-it 6+ Brian Packard Anne Packard 1. • Rr, •'7:f•. �1'.� .y - :J sk. �yta t"�� r IN ik https://mail notes.na.coliabserv.com/data0/21517775/10O1070133 nsf/($... From: To: bcampbell@cityofames.org Cc: Date: Wednesday, September 11, 2019 O1:37PM Subject: 4004 Arkansas Dr. History: +This message has been forwarded. Below is my email to the board. Thank you again for your time and answering my questions and for passing this along. Dear Ames Board Members, I currently live on a neighboring street, just around the corner of this proposed business. My husband and I have lived here for over three years and have a young child and we absolutely love our neighborhood. It is by far one of the quietest neighborhoods in the city. I am uncomfortable with a commercial business of this kind being run out of a home. Chemicals and increased traffic - even in its smallest form- would change our quaint neighborhood and even potentially affect its value if there were any issues to this business.You cannot control how large a cleaning business could grow and while it may be small as it is, we don't know the effect in several years. While I am a supporter of small businesses, I would just like to kindly ask that you consider rejecting this request on behalf of the local residents. If it is possible even to make some concessions that chemicals and vehicles be kept elsewhere, I would be more in favor of this request and greatly appreciate that compromise. I will respect whatever the board decides, and appreciate you taking into consideration my concerns. (I would prefer for this email to only be viewed by the board members, particularly my contact information, thank you) } 9/11/2019,2:17 PM • https:Hmail.notes.na.coIlabserv.com/data0/21517775/1001070133.nsNs... From: "Sandy Whipple" <sandra_jeen@yahoo.com> To: "Benjamin Campbell" <bcampbell@clty.ames.!a.us> Date: Wednesday, September 11, 2019 12:39PM Subject: 4004 Arkansas Dr/HOP Vid 1 History: *This message has been replied to and forwarded. Download Attachment Available until Oct 11, 2019 Hi Benjamin, Thank you for the voicemail. I have attached a video for tonight's meeting. Sorry, I should have thought of this sooner. My name is Sandy Whipple - I live at 4006 Arkansas Drive, in the other half of the duplex that is requesting the Special Home Occupation Permit. Context: this was Monday, September 9th, as Yassir cleaned carpet of a clients automobile, in the driveway of his residence. Obviously I want to respect the process and not inundate everyone with too much info, but I do have 1-2 other short videos I would like to send that are good examples of the noise and the fact that Yassir does operate the business equipment at his residence. Thank you for your help with this, I really appreciate it! Click to Download I MG_5953.MOV 0 bytes Sandy Whipple 515-817-3119 Sent from my iPhone I of 1 9/11/2019,2:25 PM