Loading...
HomeMy WebLinkAboutA003 - Staff Report (2) ITEM #: 3 DATE: 04-22-20 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: April 17, 2020 APPLICANT: Christopher Wiegers, A Stitch in Time Upholstery PROPERTY OWNER: Christopher & Briana Wiegers ZONING: RL (Residential Low Density) REQUEST: To allow an upholstery shop, specializing in automotive, marine, motorcycle, and furniture, as a Special Home Occupation at 3020 Evergreen Circle. PROJECT DESCRIPTION: The applicant is requesting allowance for a professional upholstery, A Stitch in Time Upholstery, to operate as a home business from the residential property at 3020 Evergreen Circle. The business provides upholstery services for automobiles, boats, motorcycles, and furniture. Staff does not consider this proposed use to be "repair or painting of motor vehicles, including motorcycles," a prohibited use for a home occupation. The applicant purchased the property in March of 2020. The subject property contains a two-story single-family home with a basement. The Story County Assessor lists the square footage of the house as 1,930 square feet. The house has a three-car garage, measured at 742 square feet, where the shop activity will take place. No modifications to the home are proposed for use by the business. The applicant has indicated that office space inside the residence will be used for the business. The applicant has stated the following regarding the use: - He is the only employee. - Customer visits will typically be by appointment — posted hours are Monday-Friday, 9:00 a.m. to 5:00 p.m. - He plans to work in the garage from 8:00 a.m. to 12:00 p.m. and 12:30 p.m. to 5:00 p.m. - An office inside the dwelling will occupy approximately 130 square feet. - The shop in the garage will take up approximately 240 square feet. - There will be no commercial deliveries, outside of those from UPS and FedEx. - The specialized equipment is limited to a sewing machine and an air compressor (which, according to the applicant, is 80% quieter than the standard air compressor). The air compressor is used for tools, including a glue gun, and is stored in the garage. - A personal vehicle doubles as a company vehicle. 1 The applicant stated that cars coming for upholstery work will be parked in the garage/shop. When boat seats are being upholstered, the applicant requests that only the seats are brought in — not the whole boat. Mr. Wiegers has also stated that the only time he requests the boat be brought to the property is when he is making a boat cover. 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) 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 2 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. Day-care homes may have up to six children or adults at a time. Additional children or adults will require a Special Home Occupation Permit for a day- care center. (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 are no outside employees b. No changes will be made to the premises. c. Approximately 370 square feet of the 2,672 square feet (1,930-square-foot conditioned space and 742-square-foot garage) will be used for the business. The maximum area 3 is 668 square feet (25% of the total area). d. A small sign is proposed. e. There will be no commercial deliveries except by UPS and FedEx f. An air compressor will be used in the shop. The applicant has stated that this machine is 80% quieter than typical air compressors. The only other specialized equipment, excepting hand tools, is a sewing machine. All manual work will be done in the garage. g. Most work will be done inside the shop except when a boat comes for a new cover. h. The posted hours of operation are from 9:00 a.m. to 5:00 p.m. The applicant intends to work from 8:00 a.m. to 12:00 p.m. and from 12:30 p.m. to 5:00 p.m. i. Clients will visit the property typically by appointment. j. There are no other home occupations at this location. Conclusions: The proposed upholstery business will not exceed the allowed 10 visits per day. 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. Sec. 29.1304(3)(c) prohibits storage visit from the lot lines. Staff will constitute storage as remaining in one place overnight. This means that a boat trailer cannot be stored overnight in the driveway of the residence. All storage must take place inside the garage. 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 an upholstery business as a Special Home Occupation at 3020 Evergreen Circle by adopting the findings and conclusions noted above with the following stipulation reflective of the Special Home Occupation standards: o No outdoor storage is permissible overnight. 2. The Zoning Board of Adjustment can approve this request for an upholstery business as a Special Home Occupation at 3020 Evergreen Circle by adopting the findings and conclusions noted above with different stipulations. 3. 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. 4. The Zoning Board of Adjustment may table this request for a Special Home Occupation and request additional information from City staff or the applicant. 4 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 an upholstery business at 3020 Evergreen Circle subject to the home occupation being operated as described herein. 5 Attachment `A' Location & Zoning Map 3128 3019 3130 3037 ME�'�DCK GR 3025 3019 3007 3013 G�R 3020 ` 3014 3026 3020 3014 3002 3008 3030 3121 3109 3127 3115 3133 SYCAMORE RD •, Location Map 3020 Evergreen Circle 41 Special Home Occupation Legend N 3020 Evergreen Circle 0 25 50 100 Q 200'Buffer Feet 6 Attachment `B' Site Plan 1 � �s�vaoz z-,1 9 � J r I - f - x x : c 1 , i i A PPaok 7