HomeMy WebLinkAbout~Master - Special Home Occupation Permit to allow the Operation of a Custom Upholstery Business at 3020 Evergreen Circle11 Y tANsLR'S OF:'FICE
APR 2020
CITY OF AMES, IOWA
(""ITY OF AMES, IOVVAZONING BO,A" OF ADJUSTMENT
IN THE MATTER OF THE
APPLICATION OF CHRISTOPHER M.
WIEGERS FOR A SPECIAL HOME
OCCUPATION PERMIT, SECTION
29.1304 OF THE AMES MUNICIPAL
CODE, TO ALLOW THE OPERATION OF
A CUSTOM UPHOLSTERY SHOP
BUSINESS AT 3020 EVERGREEN
CIRCLE
FACTS
CASE NO. 20-24
GEOCODE NO. 05-28-364-100
[1110f faroWNWITWITWIR
Applicant Christopher M. Wiegers owns and operates a professional upholstery business, A Stitch
in Time Upholstery. Mr. Wiegers purchased the residence at 3020 Evergreen Circle in March
2020 and moved there with his family. It is his intention to operate his upholstery business as a
special home occupation at his new home. The property at 3020 Evergreen Circle is a two-story
borne with basement and is located within a Residential Low Density Zoning District (RL).
Mr. Wiegers' application indicated that his business specialized in automotive, marine, motorcycle
and furniture upholstery. Planner Benjamin Campbell presented the staff report and its findings
to the Board. Mr. Wiegers presented evidence to the Board that asserted the following: (1) he is
the only employee of the business, (2) no modifications will be made to the home to, accommodate
the business, (3) the business will occupy approximately 130 square feet in the interior of the
dwelling and approximately 240 square feet of the garage attached to the dwelling, with a
maximum of no more than 668 square feet (or 25% of the total area) of the home being utilized
for the business use, (4) there will be no commercial deliveries to the dwelling outside of those
from UPS and FedEx, (5) the specialized equipment associated with the business is a sewing
machine and an air compressor (which is reportedly 80% quieter than the standard air compressor),
(6) there is one company vehicle associated with the business which doubles as a personal vehicle,
(7) most of the work will be done inside the shop except when a boat comes in for a new cover,
(8) the posted hours of operation are from 8:00 a.m. to 12:0'O p.m. and from 12:30 p.m. to 5:00
p.m., (9) clients will visit the property by appointment typically, and (10) there arc no other home
occupations existing at this location.
The Board of Adjustment reviews applications for Special Home Occupation Permits under Arises
Municipal Code section 29.1304(2) and (3). Planner Campbell stated that parking for the business
is available both in the applicant's driveway and on the street in front of the home and opined that
that the Applicant met the standards required by the Code and did not alter the normal residential
character of the area.
Notification was made to all property owners within 200 feet of the subject property, and several.
neighbors voiced opinions regarding this application both via correspondence received by the
Board as well as by oral testimony presented during the hearing.
Several property owners from nearby properties provided testimony against the application. The
property owners expressed concern related to the operation of the business affecting the residential
character of the neighborhood. Additionally, testimony was provided that the subdivision had
covenants that allegedly prohibited the operation of the type that the Applicant proposed. Staff
indicated that the City has no ability to enforce restrictive covenants on behalf of private property
owners. It is up to the individual owners to enforce the restrictive covenants against other property
owners. The issuance of a special home occupation permit by the Board of Adjustment does not
supercede restrictive covenants that are valid and enforceable.
The Board received the 'Staff Report, written correspondence and oral testimony presented at the
hearing.
The Board considered the facts set forth above and made findings consistent with the evidence
presented at the hearing and deteianined that all of the relevant standards in Section 2.1304 were
met and established by the Applicant.
WHEREFORE, IT IS ORDERED that the applicant is GRANTED, pursuant to Aires Municipal.
Code Section 29.1304, a Special Hoare Occupation Pen -nit to allow an upholstery business at 3020
Evergreen Circle with the following, condition: No outdoor storage is pennissible overnight.
Any person desiring to appeal this decision to a court of record may do so within 30 days after the
filing of this decision.
Done this 22"`J day of April 2020.
Jatording
ue;gins
Secretary
10
Amelia. Schoeneman
Chair