HomeMy WebLinkAboutStaff Report 1101 Maxwell Avenue ITEM #: 2
DATE: 06-08-22
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: June 2, 2022
APPLICANT: Cheryl Eller
PROPERTY OWNER: James & Cheryl Eller
ZONING: UCRM (Urban Core Residential Medium Density)
REQUEST:
To allow a salon business as a Special Home Occupation at 1101 Maxwell Avenue.
PROJECT DESCRIPTION:
The applicant is requesting to operate a salon business as a home occupation at 1101 Maxwell
Avenue (Attachment A). The business will offer hair cutting. The use falls under the category of
"barbershops and beauty parlors", listed in Sec. 29.1304(1)(b) and is considered a Special Home
Occupation (it is not permitted by right).
The subject property contains a one-story, single-family home with a full basement built in 2010.
The Story County Assessor lists the square footage of the house as 1,612 square feet (3,224
square feet with the basement). The property has an attached, two-car garage listed as 800
square feet. The driveway has space for two cars in front of the garage.
The applicant is currently in the process of finishing the basement. The basement will contain the
salon space and a bathroom for customer use (Attachment B).
The applicant has stated the following regarding the use:
- There are no employees outside of the household.
- There will typically be one customer at a time, typically a max of eight per day.
- The salon will be in the basement. The customer entrance will be the door on the north
side, which leads onto the staircase to the basement. The basement has a bathroom for
customer use.
- The salon will occupy 9.5% of the house (306 square feet out of 3,224 square feet in both
the ground floor and basement).
- There will not be a sign for the business.
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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
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.
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(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 (Attachment C). A notice of public
hearing was placed in the front yard of the property.
The applicant submitted signatures from neighbors indicating no objection to the Special Home
Occupation (Attachment D).
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. A 306-square-foot space in the basement will be used for the salon, 9.5% of the 3,224
square feet. The maximum area is 806 square feet (25% of the total area).
d. No sign is proposed.
e. There will be one to eight client visits will occur per day.
f. The hours will vary by day. The applicant intends to have hours Monday, Tuesday,
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Wednesday, and alternating Saturdays. The applicant stated that occasional Friday
appointments may occur if needed.
g. There are no other home occupations at this location.
h. The driveway has space for two parking spaces between the garage door and the
property boundary, in addition to the parking spaces in the two-car garage. The property
complies with the parking requirements for a single-family home.
Conclusions:
The proposed salon business will not exceed the allowed 10 visits per day based upon the
applicant's statements. The space used for the business will occupy less than the maximum
allowed 25% of the total floor area of the residence. 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 can approve this request to allow a salon business as a
Special Home Occupation at 1101 Maxwell Avenue by adopting the findings and conclusions
noted above.
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 salon business
at 1101 Maxwell Avenue subject to the home occupation being operated as described herein.
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Attachment A
Site Plan
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Special Home Occupation
Zoning Board of Adjustment
1. 1101 Maxwe I I Aven ue
June 8, 2022
Legend
1101 Maxwell Avenue Feet
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Attachment B
Applicant's House Plan
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Attachment C
Location & Zoning Map
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Special Home Occupation
Zoning Board of Adjustment
1101 Maxwe I I Aven ue
June 8, 2022
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Attachment D
Adjoining Property Owner Statement
Application Form Last Updated:August 19,2020
Adjoining Property Owner Statement
(Completion of this form by the applicant is optional)
To Whom It May Concern: 1
We,the undersigned, own property adjoining 1 ��u}2y Arnes, Iowa.
It is our understanding that^I4` �- �1 has tiled an
appeal with the Zoning Board of Adjustment to allow )i o
As adjoining property owners, we would have no objections to the issuance of this building
permit for the purposes stated above.
NAME ADDRESS DATE
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