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Home My WebLink About~Master - Special Home Occupation Permit to Allow the Operation of a Carpet Cleaning, Water Damage Mitigation and Odor Removal Business at 4004 Arkansas Drivea. CITY Cd HK C� rY (W AVS �OWA CITY OF AMES, IOWA NINE BOARD OF ADJU ST MENT INTHE MATTER OFTHE' APPLICATION OF YASSIR, 013EID, FOR A SPECIAL 110ME O(,,CUPAT1ON PERNIFF, SECTION 29.1304 OFTIJE AM FS MUNICIP,cU, CODE,TO ALLOWTIJE OPERATION OF A CARPET( I ' J,FANING, WATER DAMAGE MITIGATION AND ODOR R1, MOVAL 131JSINt'SS AT4004 ARKANSAS DRIVE FA(21'S CASE NO. 19-08 GFOCODE NO. O9-05-107-270 DECISION & ORDER Al-,)plicantYassir Obeid is tenant ol'the properly located at 4004 Arkansas Drive, which is owned by James and Irene 11rckke. Mr. Obeid ha.s operated as cleaning service, ('lean 'Indeed C'arpetout ol' the property for sonic time�vitliout obtaining a permit from the City. after the City rcccivcd corriplaints and contacted Mr, Obeid, he applied for a Special I lorne Occupation Permit. 'I"'he Board ofAd,jusnnent reviews applications tbr Special I Ionic Occupation Perinits under Arnes Municipal (.'ode section 29. 1304(2). 0ty Planner Benjamin ('ampbell presented the application to the Board, which rnet on three separate occasions regarding this application—Scpten,iber 11, 2019, October 23. 10 19 and November 13. 2019, 1°'Ividence presented to the Board established that ('lean Indeed Carpet specializes in cleaning rugs and carpets, water darnage n,iitigation and odor rcrnoval. Mr. Obeid has operated the business at 4004 Arkansas Drive since September 201 T The properly is as one-story dUpleX comprised ol'4004 and 4006 Arkansas, ["ach unit has as 90 Im long dri),eway, and no modifications, to the lionic were proposed ('Or USC by the I)LISiness. Mr. Obeid is in the process of'completing a detached g,,,urage that krill be used partially for the storage of chemicals and detergents. Ile has indicated that the proposed hours ol, operation will he -standard bLISineSS 110LB-S" Which are listed on his business \vebsite as Monday through F'riday 8-00 a.m. to 8:00 Imn, and 1:30 p.rn. to 8:00 1p.jn, on Saturday. There are no hours on Sunday although Mr, (')held does respond to emergency water damage. mr, Oheid Currently uses his 90 foot driveway to park, two work vehicles, as personal use vellicle and a mopped. No customers visit the premises, however, evidence was presented that, on occasion, lUest assistance. Mr. Obeid stated that only one employee at a neighbor or 1riend will stop by to rec -k in the driveway, Ile identified two cornpany a t nie is at the property, and the employee gill pat vehicles parked on sitcas well. Several compmv trailersire stored olTsIte, A desk with as coinpUtc), is used in the home liar bLlSilless and approximately 50 square f`cct ot'the garage is used Im storage ol'busincs materials. Mn Obeid currently has one employee but stated that at times he has had 3-5 employees. Only one employee is typically at the Propcily at as time, unless picking Up paychecks, Planner Clampbell stated that Special Morns Occupations shall employ, only mernbcrs ol'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 diflerentiate between on -site or calf` -sits: and does not make a distinction between part -tine and hall -time eniph-lyees. The Code permits a maxiinitill cal;' two non -household employees regardless ol'total hours worked. Notification was made to all property Owners within 200 f'cet, and scveral neighbors voiced opinions regarding this application both via correspondence as well as in Person dUring, the September I I and October 23 meetings, Sandy Whipple lives ill the ad ' joining duplex at 4006 Arkansas Drive, and she presented photographs ot'licr yard and vehicles parked in the street to the Board. She stated she has noticed all odor when Mr, Obeid runs his equipnictit outside and has also had one t-)Hvis employces attempt to come into her residence believing it was Mr. Obeid's hot ne. Ms. Whipple also stated that the company hours do not appeal- to be 8 a.rn, to 8 P.m. as there have been workers arriving as early as 5 a.m. and Mr. Obeid sometimes does not get hone until I I p.m. or 12 a,m. Anne Packard of 3908 Arkansas Drive tcstified and also provided several images, to the Board. She state(] that there are as toual of 1 3 on -street parking spaces and the applicalit has, at least one of' his vehicles parkcd oil the street it all times. Ms. Packard infortned the Board that she has witnessed Mr. Obeid leave Ili,,; van doors open in his driveway unattended fiver 15-30 minutes With the chemicals in his van accessible to anyone in the neighborhood. She also stated that Mr. ()]raid has added as significant arnOL111t o, i'advcrti sing and signage to his personal vehicle. Prior to tesiffying at the rneetirlg, she had sent as letter to the Board indentilying her concerns with (lie business operation, The fiollowing, ncighl-,)orhood residents also Icstifie(L. Laura Litstcr, 4017 Arkansas Drive, Erica Andorl, 40 11 Arkansas Drive. Jen Schares, 4018 Arkansas Drive, Justin Sshares, 4018 Arkansas Drive and Katherine Dinas, 3914 Arkansas Drive, Concerns were exl')ressed regarding the strcet parking, and increased traffic, parking in yelloNA,, no -parking, areas, garbage, increased noise and use of' equipment and chemicals, A priniary concern cited Was file USC Of' CllCnljCa1S and the risk OC children in the neighborhood coming into contact with therm. Ms. Dimas testified that Mr. Obeid and his wife, have been good neighbors to her, but She expressed concern aK)Lit neighborhood property values decreasing. The Board also reccivcd ernall Correspondence frorn as neighborhood resident. Laura LCUSink., with concerns about the chemicals and increased traffic. When questioned by Board Nicniber Schappaugh about What happcils with the w,vastcwatcr produced from his business, Mr, Obeid stated that it call only go to a car wash or sanitary drainage site. Mr. Schappaugh also asked for clarification on the odors produced by file cleaning products. Mn Obeid replied that the cleaning products have as mint or menthol 1ragralicc, but nothing that would be classified as pungent or malodorous. Ile provided the Fire Department material safety data sheets regarding the chernicalsand detergents stored on the property and the list was approved. N P I anner Canlp be I I checked with the F'ire Inspector vvho t'elt drat the c I iemic a.] s used for the c I earring business did riot pose any greater risk than what a person would normally have in their home or garage. Mr. Obeid stated that lie planned to kccp business vehicles in his driveway. lie (lid not feel that his newest vehicle with advert iscment can it and his F'ord F' 150 with his business nairic and phone nurriber should be considered business vehicles. I le considers them to he personal vehicles that he uses to advertise his bLlSkICSS. Ile also ol�) ' jectcd to h aving his vehicles parked offsite as a barrier to providing service for business calls that require an Lmniedia.te response. ("hair Schocriernan asked Planner (..'arripbelf if the trailer is permitted to Inc parked oil the strect. Planner Campbell ret"eri-cd to file Special Use Perillit criteria which states that the activity shall be c0liducted in a manner that will not alter the normal residential character of the premises. Plarmer. Campbell advised that dctertriinirig the normal residential character is as SUbjective criterion within the discretioil of the Board. The Bozird was adviied that the City code makes it LlfllaWtul fOr any person to park any, vehicle for a period greater than 48 hours UIX)n as C. street and arl LJfll1ltCIlCd trailer cannot he parked on the street for any peric.Wd cif tinge. Chair Schoenernzan asked Planner C I ampbell. ifernployees are prohibited from parking oil the street, Planner Campbell stated that they, are not prohibited, however there is parking criteria in the Special I forne Occupation provisions, but employee vehicles are not addressed, The intent is that no more than two employees are at Nlr. Obeid's, home. ']'lie ten visits per day maxiii-nim allowed f'or a Special Horne Occupation includes employees. Board member flowers discloscd to the l3o-trd that lie received as call From Drew Kamp with the Chamber ofCoi-rimerce oil behalf'of N/Ir. Obeidfie said N1r. Kanip never asked him how he would vote and did not ask hirn to vote in a specific way, Board member Bowers did not believ,e that their conver,,ri,ation Would influence file vvay lie viewed the evidence Or any int"ormation presented, DiSCLISSIOt') was held amongst Board members and staffas to what the violation process WOUld be i filiere were ongoing issues. Planner C'ampbcll stated that it would be or) as complaint basis, and it' the 11011le OCCU[)atiOn WaS I'(Wrid it.) be in violation of the permit, the City could revoke the permit. Board metriber Bowcrs raiscd concern that even with adding coilditions to the permit it may not prevent the bLISirIeSS Ff'0111 CaLISItIg A 111,11SWICC to the neighbors. Chair Scliocnerrian stated that she is trying to draw the distinction between prior openations without as pernilt and going forward with a permit, Board nierriber Perkins added that it' as pci-son can operate under the conditions of" the perinit then it should be allowed, Whether it has been a nuisancc in the past or whether it could possibly be as nuisance going, f'orward is not something the Board can cletermitic. DEC 'ISION Flie Board considered the facts as detailed abc)ve and provided in the staffreport, and fi)rilid that all of the relevant standards in Section 29.1304 were met and established by the A pplicant.. ORDER 3 W I IEREFORE, IT IS ORDE'RED that the applicant is GR A NTFID., J)UrSlUlut to Ames,\/lunicipal Code Section 29.1.304, a Special I Ionic Occupation Permit to allow carpet cleaning, water darn arc iintigation, and odor removal with a maximum of two non family mernber employees at 4004 Arkansas Drive with the following conditions: I. There shall be ric)on-site operation of'cleaning equipment for custom ers, 1 Fhe number ofeniployees shall be no niore than two non-fiamily mernbers as set forth in section 29,1 304(3)(d). 3. Loachrig and unloading of service veliMes niay only take place, in the driveway of the residence at 4004 Arkansas Drivc. 4, Cheinicals shall lie securcd in the garage or in work vchicies at all finies, 5. The Special I lonic Occupation Permit shall be revimcd Nvub a public lieau-ing in one year to determine whethcr it has complied Nvith all conditions iniposed 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 wvithin 30 (lays after the filing of this decision. ])one this 13"' clay, ofNovernber 2019. Pa lLIC t"girls cording Secroary m ........ . . . Amelia Schocticnian Chair