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Home My WebLink AboutA3 ITEM #: DATE: 01-13-2021 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: January 6, 2021 APPLICANT: Anita Howard PROPERTY OWNER: Anita & Robert Howard ZONING: RL (Residential Low Density) REQUEST: To allow a Hair Salon as a Special Home Occupation at 2101 Buchanan Drive PROJECT DESCRIPTION: Anita Howard has submitted an application requesting approval of a Special Home Occupation to allow for a hair salon located at 2101 Buchanan Drive (See Attachment A, Location Map). The hair salon would accept customers Thursdays 10:00 AM to 7:00 PM; Fridays 9:00 AM to 5:00 PM; and Saturdays 9:00 AM to 3:00 PM. It would be closed Sunday through Wednesday. The business will be by appointment only. The applicant indicates that there would be one guest at a time with a 15-minute gap between guests for sanitizing. Ample onsite parking is available. The driveway will accommodate up to four stacked parking spaces in front of the garage. (See the aerial photo included as Attachment A.) The workspace will occupy a portion of the basement. Clients will park on the driveway and enter through the front door of the home. The applicant states that the business will occupy no more than 200 SF which is about 7% of the total floor area of the 2880 sq. ft. residence. The applicant has indicated that no interior or exterior upgrades or alterations are needed in order to run the business. There are no active home occupation permits currently at this location. The property is located within the RL Zoning District. 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 1 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. (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. 2 C (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 a large parking area on the property in front of the garage area where clients can park. The driveway area will accommodate up to four vehicles (side by side) in addition to the garage area. b. No changes will be made to the premises. c. A maximum of 200 square feet of the 2880 square foot home will be used for the business, which is just less than 7% of the total floor area of the home- well below the 25% maximum allowed. d. No signage is proposed. a. The activity at this location will consist of a one-chair hair salon which will require only typical salon equipment (i.e. sink, hood hair dryer, blow dryers, curling irons) such as may also be found within a residence. The applicant has indicated that no interior or exterior upgrades or alterations are needed in order to be able to run the business, e. Deliveries will be typical of those servicing residential properties. f. The applicant will be the only employee. g. The hours of operation will be Thursdays 10:00 AM to 7:00 PM; Fridays 9:00 AM to 5:00 PM; and Saturdays 9:00 AM to 3:00 PM, by appointment only. The applicant states that there will be no more than 8-10 appointments per day, resulting is less vehicular trips per day than allowed per code. h. There are no other home occupations at this location. Conclusions: The Ames Municipal Code allows for home occupations to permit residents a broad choice of livelihood or to supplement incomes. The Code, however, is intended to protect residential areas from the adverse impacts of such activities. The application indicates the home occupation falls within the maximum area permitted for such occupation, it meets the parking and customer visit 3 allowances of the code, and will be limited to typical business hours, and will be by appointment only. 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 Hair Salon at 2101 Buchanan Drive 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 Hair Salon at 2101 Buchanan Drive subject to the home occupation being operated as described herein. 4 a a r + f�jj y r • a. + fai e } �$.�. .b'. �y '..+�4 �?rY s, � R' +Y I r a a° 1 • �'� �'�;:`�'� '+ �}' -�'•� fir = '. 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