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HomeMy WebLinkAboutA003 - Staff Report (5) ITEM #: 4 DATE: 06-10-2020 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: May 29, 2020 APPLICANT: Matthew Speicher PROPERTY OWNER: Matthew Speicher ZONING: RL (Residential Low Density) REQUEST: To allow a live bait business as a Special Home Occupation at 2508 Melrose Ave. PROJECT DESCRIPTION: The applicant is requesting allowance to operate a live bait business as a home business from the single-family residential property at 2508 Melrose Avenue. There are no active home occupation permits currently at this location. The property is located within the RL Zoning District. The applicant is proposing to use 375 sq. ft. of a 576 sq. ft. 2-car garage for the business. This is less than the maximum 400 sq. ft. allowance for an accessory building. The garage will hold all equipment and supplies. As indicated by the applicant, appliances to keep bait at optional temperature include an 84-inch Living Stream Minnow Tank/aquarium [approx. 190 gallons] and household upright refrigerator/freezer. Other equipment includes a 100-gallon Rubbermaid stock tank, vending machine storage (when not in seasonal use), and a table for packaging. Supplies include packaging materials, extra worm bedding, filters, chemicals, etc. The business will have a footprint initially no larger than 200 sq. ft. The remainder of the garage will be used for personal storage and the applicant's vehicle. A small trailer used for moving vending machines will be stored out of city limits when not in use. The residence includes approximately 1821 sq. ft. of floor area. Ten sq. ft. of the interior of the house will be used for computer and paperwork processing for the business. Otherwise, all of the business operations will be housed in the garage. The total business area requested is 385 sq. ft. (less than the maximum 25% of the floor area of the residence allowed). No modifications to the home are being proposed. The applicant describes his business operations as: • Raise, store and package bait on premises • Retail Sales - predominantly off site in vending machines with limited on site sales The applicant indicates that he will initially be raising only worms and will later expand into raising minnows as well. He will purchase or catch other types of bait to expand his retail sales offerings 1 (as allowable by his DNR retail bait license). The majority of the retail sales will be through vending machines located off-site. A limited number of sales will occur at the house. These will be primarily friends and relatives. His intention is to send business to the vending machines - not to the house. The applicant has full time employment (off-site) so business sales at the residence will be limited to before and after his full-time job and by appointment. No business sales will take place between after 10 pm or before 7am. Appointments will result in less than the 10 maximum vehicular trips allowable per day. Stacked parking is available on the 88' driveway which can accommodate up to four cars in addition to the garage space for the applicant's personal vehicle. On-street parking is also available but not needed. 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. 2 (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 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 and 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: 1. The applicant has stated that: a. No changes will be made to the premises. b. The business will be operated within 375 sq. ft. of the 2-car garage, which is less than 3 the 400 sq. ft. allowed within an accessory structure. The rest of the garage will be used to store his personal vehicle. Ten sq. ft. of the residence will be used for computer and paperwork processing for the business. Otherwise, the residential structure will not be used for the business. c. A one square foot sign will be utilized and attached to the front of the house, as allowed by code. d. There will be no mechanical equipment used except as customary for domestic household purposes. The applicant does have multiple storage containers for the business, including the 84-inch minnow tank (approx. 190 gallons). This tank is much like an aquarium in size at approximately 2 ft by 2 ft by 7 ft. It is larger than a standard aquarium, but it is viewed by staff as not an uncommon size for a larger home or the avid hobbyist. A standard residential upright refrigerator/freezer will also be used. Vending machines will be stored seasonally on-site within the garage and will not be operated at the site. e. The applicant will be the only employee. f. Business sales at the residence will be by appointment, generally between 7-8 am and 6-7 pm. No business sales will take place after 10 pm or before 7am. g. Limited on-site sales will result in less than the 10 maximum vehicular trips allowable per day. h. There are no other home occupations at this location. Conclusions: The primary area utilized for the business will be confined to the garage except for a small area on the interior of the residence for computer and paperwork processing. The area proposed is less than the maximum allowed. Retail sales will primarily be off-site in vending machines. As stated by the applicant, on-site sales will be limited and will not exceed the allowed 10 vehicular trips per day. Parking is available in the applicant's driveway for any on-site sales that do occur. The proposed equipment is similar in size to that of aquariums and refrigeration units used for residential purposes. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a Special Home Occupation to allow a live bait business at 2508 Melrose Avenue subject to the home occupation being operated as described herein. 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 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. 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 a live bait business at 2508 Melrose Avenue subject to the home occupation being operated as described herein. If the Board does not find the proposed operations and associated equipment for the live bait consistent with the Special Home Occupation standards the ZBA should add a condition to the approval addressing the specific issue. 5 Attachment A M26TH 26TH ST 1004 �c LO � N N w Q _ w U) r O WLn Q Z J., W y 03 RL � N RH`- � N� o -No SUBJECT ' o N PROPERTY N f .h• _ W Q 7 W AL CIO 1 17 i.i t - Kill LOCATION MAP L 2508 Melrose Avenue Legend ,I = PARCELS selection 0 35 70 140 Feet N I i i i I i i i I IF PARCELS 6