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HomeMy WebLinkAboutA003 - Staff Report (8) ITEM #: 5 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: Deborah McIntosh Flaherty PROPERTY OWNER: Madison Properties Management LLC (Melissa Sly) ZONING: RL (Residential Low Density) REQUEST: To allow a Certified Public Accountant (CPA) professional office as a Special Home Occupation at 1535 Maxwell Avenue PROJECT DESCRIPTION: The applicant is requesting allowance to operate a professional office home business as a Certified Public Accountant (CPA) from the two-family residential property at 1535 Maxwell Avenue. There are no active home occupation permits currently at this location. The property is located within the RL Zoning District. The applicant is currently practicing as a CPA with a special home occupation permit at 609 20t" Street; however, she plans to move to 1535 Maxwell and wishes to relocate her existing business as well. The unit at 1535 Maxwell Avenue includes approximately 830 sq. ft. of floor area. The home office area will occupy approximately 165 sq. ft. or just less than 20% of the total floor area of the unit. No modifications to the home are being proposed for use by the business. The applicant has indicated that the proposed hours of operation will be: 8:30 am to 5:00 pm May - December and 8:30 am to 7:30 pm January—April, by appointment only. The applicant indicates that appointments range in duration from 30 minutes to occasionally two hours or more. The maximum number of scheduled appointments per day is 7-8. Many of these appointments are via teleconferencing or internet conferencing. Those appointments that are in-person will result in less than the 10 maximum vehicular trips allowable per day. Two or more clients are not expected to visit the premises concurrently so designating where clients will park is not required. The driveway will accommodate one stacked parking space beyond the required residential parking spaces and on-street parking is available on both Maxwell Avenue and 16t" Street in front of the residence. The two-car garage is not available to the applicant. (See the aerial photo included as Attachment A.) 1 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 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. 2 (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: 1. The applicant has stated that: a. There is one off-street parking available to clients on the applicant's driveway as well as on-street parking available on Maxwell Avenue and 16th Street in front of the residence. b. No changes will be made to the premises. c. A maximum of 165 square feet of the 830 square foot home will be used for the business, which is just less than 20% of the total floor area of the home. (25% is the maximum allowed) d. A 4-1/2 x 13-inch sign is proposed which is less than half of the one square foot of signage allowed. e. There will be no specialized equipment or deliveries. 3 f. The applicant will be the only employee. g. The hours of operation will be from 8:30 a.m. to 5:00 p.m. May thru December and 8:30 a.m. to 7:30 p.m. January thru April, by appointment. h. The number of appointments will be no more than eight per day with less than the 10 maximum vehicular trips allowable per day. i. There are no other home occupations at this location. Conclusions: The proposed CPA professional office will not exceed the allowed 10 vehicular trips per day. The primary area utilized for the business will occupy less than the maximum allowed 25 percent of the total floor area of the residence. Designating where clients will park is not required given that two or more clients are not expected to visit the premises concurrently. However, if needed parking is available in the applicant's driveway and 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 for a Special Home Occupation to allow a Certified Public Accountant professional office at 1535 Maxwell 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. 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 Certified Public Accountant professional office at 1535 Maxwell Avenue subject to the home occupation being operated as described herein. 4 'v i