HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 4-25-2012M INU TE S OF T HE REGULAR M EETING OF
THE ZONING BOARD O F ADJUS T MENT
A M ES , IO W A A PR IL 25, 2012
T he Ames Z on in g B oard of Adjustmen t (Z B A) met, pursuant to law, in r egu lar sessio n a t 7:02 p .m.
on A pril 25 , 201 2, in the C ou ncil C ham bers of C ity H all w ith the follow ing m em bers present: P atrick
Broo ks, B ruce C alho un , Sand ra M cJi m s e y, and G ary Taylor. B oard M em ber E liz abeth E rbes w as
ab sen t. S taff m em bers C h arlie Ku ester , Stev e O sgu tho rpe, an d Jud y P ark s w ere also presen t.
A P P R O V A L O F M IN U T ES : M oved by Taylor, seconded by Brooks, to approve the m inutes of the
m eeting of A pril 11, 2012, as w ritten.
V o te on M o tion : 4-0. M otio n carried un an im o usly.
C A SE N O . 12-09
AP P E AL F ROM A DE CIS ION OF T HE ZONING E NF ORCE MENT OFF ICE R - HENRY
ZHE N G / Y U M PR O PE R TIES, LLC , 1620 SO U TH K EL LO G G A V EN U E #103
C on tin u an ce of P u b lic H earin g o n A p p eal from a D ecision of th e Zo n in g E n forcem en t O f f icer
w ith respect to in terior lan d scap in g req u irem en ts in a su rf ace p ark in g area
Ch air C a lh o u n said that this h earing w as co n tinu ed from the A p ril 11 ZB A m eeting. A ssistan t City
A ttorn ey Jud y P arks noted that B oard M em ber M cJim sey w as absen t at that m eeting, bu t sh e has
view ed a recording of the hearing and is up to sp eed on the case.
P lanning & H ou sin g D irector Steve O sguthorpe stated that this appeal pertains to City staff’s
ap plicatio n of M un icipa l C od e Section 29.403(4)(c)(i), w hich h e read aloud:
(c)A ll surface parking areas m ust m eet the follow ing interior landscaping requirem ents.
(i) Interior landscaping shall be required for park ing lots, containing 16 or m ore spaces, that
includ e three or m o re row s o f p arking space s sep arated b y tw o or m ore driv e aisles in a sin gle
lo cation . Such interio r land scaping shall, at a minimu m, inclu de a 9 .0 ' wide a nd 16' long
landscaped island for every 20 interior parking spaces and a landscaped median, a m inim um
of 15' w ide ru nn ing the full length of the d rive ais le, for ev ery 3 contiguo us d ou ble load ed
park ing aisles.
M r. O sguthorpe ex plained that the q uestion is w hether the req uirem ent for the land scaped aisle applies
after the third double loaded parking aisle or if it is required for every th ree dou ble loaded aisles. He
no ted that there w as an app eal of the sam e Code section in 2009 for the A g Leader proper ty, and the
ZB A acted in favor of the appellant at that tim e. The reason that the current case w as delayed from the
previous m eeting w as because the Board m em bers w anted to see the full record of the 2009
deliberation before com ing to a decision on this case.
M r. O sguthorpe said that his role is to loo k at the C od e as it’s w ritten. H e ind icated that there are tim es
that he m ay disagree w ith how it is w ritten, but it is not in his purview to question it. A t tim es, the
Cod e is not entirely clear, and in these situation s he errs in favor o f the custom er. H ow ever, he do es
no t feel that this issue before the B oard is gray. T he Code d o e s n o t state that it requ ires on e m edian
after every third double-loaded aisle or betw een every third, it states that it is required for every third.
M r. O sguthorpe used an analogy that if 3 apples cost $1, you w ouldn’t have to pay only if you took
a fourth apple. H e show ed exam ples of projects in A m es that have com plied with staff’s interpretation
of this issue. H e ex plained that if the Code langu age n eeds to be im prov ed , that can be taken to the City
Cou ncil for a tex t am endm ent.
Board M em ber M cJim sey noted that the Board m em bership has changed since the 2009 case, and she
m ay hav e a different understanding of the Code than her pred ecessors.
Chair C alho un inquired abo ut a list o f five projects that this regulation did no t app ly to, on e of w hich
is N orth G rand M all. M r. O sguthorpe ex plained that N orth G rand M all received a num ber of w aivers
that w ere granted by the C ity C ou ncil under the pro vision s of an adaptive reuse plan. A daptive reuse
applies to projects that are ren ov ating a h istoric b uilding or an area in eco no m ic d ecline. H e stated that
neither of those scen ario s app lies to the su bject prop erty.
M r. C alh ou n inqu ired abo ut the d iscussion that occu rr ed durin g the initial site p lan ap prov al; it is his
understanding that at that tim e, City staff did not bring up the subject of a m ed ian at all. M r.
O sguthorpe said that the future of the site w as unclear, but City staff w as very clear that only a portion
of the site plan was being approved in 2007. H e said that he cannot recall the intr icacies of the
conversation w ith the app licant at that tim e.
Bo ard Member Broo ks said th at this lan guage sho uld be tak en to the C ity Co un cil for clarificatio n. He
no ted that there w ere v ariou s w ord ing suggestion s from the p rior p roceed ings in 2 00 9. M s. M cJim sey
said that it seem s that this ordinan ce is w ork ing for a n um ber of other dev elop m ents. S he think s that
the lang uage is clear, bu t the desire for a differen t interp retation co m es w hen there is a pro b lem w ith
a site plan that can’t accom m o date everyth ing . S he thin ks that a be tter solutio n w ou ld be to cr eate
stand ards for tho se situation s rather than u nd erm ining the stand ards for the w ho le ord inan ce.
M r. Calho un said that the Board w as convinced that the ap plicant w as justified in the 2 00 9 h earing;
ho w ever, he has read this part of the Code several tim es and feels that it is crystal clear. H e appreciates
the clarification and testim o ny given by staff.
Board M em ber T aylor ask ed if C ity staff had tho ugh t about w ays the Code might be re-written . He
said that there are valid argum ents on both sides, and suggested that a table in the ordinance m ay m ake
things m ore clear. M r. O sguthorpe said that he is not sure w hat the intent w as w hen it w as w ritten, but
he believes if it w ere intended as a spacing requirem ent, the language w ould say “after” or “betw een”
every three dou ble loaded aisles rather than “for” every three.
Kurt M ackey, Roseland, M ackey, H arris A rchitects, 16 15 G olden Aspen Drive, Suite 110, A m es,
Iow a, said that it is im po rtant to note that the Cod e says three contigu ou s do ub le loaded parking aisles,
not just three double loaded parking aisles. Contiguous m eans that they are adjoining or adjacent to o ne
another; if a m edian is inserted w ithin the three contiguous aisles, you no lon ger hav e the con dition that
requires a m edian in the firs t place. M r. M ackey show ed an aerial view of the Sup er W al-M art
development, w hich has m edians betw een every three contiguous double loaded aisles. M r. Calhoun
said that if this m ethod w as applied to the subject proper ty, a m edian would be requir ed in front of the
future build ing on the ap p licant’s site. M r. M ack ey disagreed; th e m ed ian w o uld on ly b e req uired if
the park ing con tinu ed b eyon d the th ird do ub le load ed a isle. H e said that this req u irem en t dea ls w ith
interior p arking, not perim eter park ing.
M r. M ackey stated that he had the original D evelopm ent R eview C om m ittee co m m ents from M arch
8, 2007, and there is no m ention of a m edian being required. It w as the applicant’s desire to have the
entire site plan review ed as a w hole in 2007, w ith the understanding that the extra parking and building
w ere to be com pleted later. It w as at C ity staff’s requ est that the p arking and bu ilding not be includ ed
on the ap p ro val.
Chair Calho un no ted that the B oard is no t boun d by its prev iou s decision s. H e said that the sub ject
pro perty has a fairly un usu al con figuration of parking, and it is qu ite different fr o m th e A g Leader
property. The Board discussed several alternatives for the layout of the parking to include landscaping
and/or conform to the current ordinance. M r. M ackey said that he has been w orking in A m es for 25
years, and his position has alw ays been to work w ith City staff. H e feels very strongly about the current
staff’s interpretation of this Code section. H e w ould prefer to have a ruling in the applicant’s favor, but
a new layou t can be established in order to m ake the parking lot con form . T he app licant w ill likely lose
at least four parking spaces. H e added that it is not ideal to tear out w hat has already b een p aid for,
especially w hen they w ere not inform ed that w hat they w ere do ing w asn’t right.
M r. O sguthorpe said that he w ill ensure that this section is review ed in the com prehensive landscape
review that has been prescribed by the City Council. M r. C alhoun encouraged him to com e u p w ith
a graph ic or table to p ut in the ordinance so the Z BA is not con fron ted w ith this issue in the future.
M oved by M cJim sey, seconded by T aylor, to find that the D ir ector of P lanning & H ousing m ade the
correct decision in determ ining that the proposed parking lot expansion requires a landscaped median.
Board M em ber B roo ks said that the Bo ard’s position is relative to the w ord issue. M r. Taylor added
that after review ing the decision from 2009, he do es no t think that this is an identical set of
circum stances. M r. Brooks said that ther e is no r eason to com partm entalize the applicant’s plan, and
it m akes sense to insist that the Code be follow ed. If the lot w ere being subdivided , h e m ay have
different feelings about the appeal. Chair C alhoun reiter ated that City staff should consider im proving
the language or adding flex ibility to this Code section .
V o te on M o tion : 4-0. M otio n declared app ro ved un an im o usly.
C A SE N O . 12-05
S P E CIAL HOME OCCUPATION PE RMIT - GREGORY S E AT ON, 480 9 UT AH DRIVE
P u b lic H earin g o n ap p lication for Sp ecial H om e O ccu p ation P erm it to a llow a n in tern et firearm
sales h om e bu sin ess
Planner Kuester stated that the subject property is located in a subdivision zoned Residential Low
D ensity. The applicant proposes to operate a firearm s sales business out of his home at 48 09 U tah
D rive. T he Code allow s a nu m ber o f occu pation s to be condu cted o ut of ho m es; som e are considered
P erm itted H om e O ccu pation s, w h ich can be app ro ved ad m inistrative ly by City staff. A nyth ing that is
not on the list of perm itted u ses or explicitly prohibited uses is consider ed a Special H om e O ccupation,
w hich requ ires appr ov al by the Z BA .
T he applicant, M r. Seaton , p rop oses a b usiness that w ou ld be prim arily internet sales of legal firearm s,
includ ing rifles, shotgun s, and h andguns. H e w ou ld also participate in off-site trade sho w s as w ell as
the shipping of item s to and from other licensed d ealers. There m ay be m inim al repair w ork and
custom izing of firearm s, including adjusting triggers and setting and sighting scopes. M r . Se aton
an ticipates a sm all am ou nt of m erchand ise w o uld be k ep t o n site in a gun safe. S ales and app ointm en ts
w ould be scheduled in advance; no w alk-in custom er s w ould b e allow ed. This bus iness w ould b e the
sec on d ho m e occu pation for this ad dress; a P erm itted H o m e O ccu pation perm it w as granted in A p ril
for the applicant’s real estate app raisal business. M r. K uester noted that the a pp licant n eeds ZBA
approval for this hom e occupation before he is able to obtain a Fed er al F ir earm s License (FF L) from
the B ureau of A lcoh ol, T ob acco, and F irearm s.
T he A m es P o lice D epartm en t, as lon g as th e app licant m eets all his perm it req uirem en ts to sell
firearm s, sees no issues or concerns. T here are other firearm s businesses for w hich this perm it has been
granted, and the Police D epartm ent has no t seen any safety or bu rglary issues.
Mr . Ku ester read th e criteria fo r Sp ecial Home Occu pation permits as o utlined in the staff repo rt. He
noted that a num ber of public com m ents about this application have been received, a nd those w ere
pro vided to the Board prior to the m eeting.
T he findings of fact and conclusions from the staff report w ere review ed in detail by M r. Kuester.
Based on staff’s analysis, the application m eets all of the criteria, and app rov al w ith cond ition s w as
recom m ended.
M r. K uester stated that he has m et w ith an d/or spo ken to sev er al n eighb ors , and they pro v ided him w ith
a num ber of concerns about the business. O ne of the fr equent com m ents w as about parking. W hile the
City generally do es n ot have a req uirem en t for the n um ber of vehicles on e can have on their prop erty,
since the applicant anticipates op ening a business that w ill have custom ers com ing, staff is seeking a
redu ction in the total num ber o f veh icles on the prem ises. T he app licant has agreed that he w ou ld keep
on ly fou r veh icles on site at any tim e, w hich w ou ld allow on e on -site parking space for cu stom ers.
T he C ity ordinance concerning hom e occupation s allow s lim ited am ou nts of bu sinesses in residential
neighborh oo ds. T hese bu sinesses are to b e, for the m ost p art, inv isible to the neighb ors w ith lim ited
traffic, deliveries, signage, and em ployees. T he Board has the right to evaluate the im pacts of the
business; if it finds that the im pacts cannot be am eliorated, then it has the right to d eny the application.
City staff is recom m end ing a nu m ber of condition s to m itigate the potential im pacts of this bu siness.
Board M em ber M cJim sey stated that the phrase “internet firearm sales” is m isleading, because the
activities that are described are broader than internet sales. She also pointed out that one of the
co nd ition s states that the bu sin ess operates by ap po intm ent o nly, b ut ano ther co nd ition lists specific
ho urs o f o peration , w h ich seem s inco n gru ou s. M r. Ku ester ex plaine d that the b usiness w ou ld o perate
w ith essentially three sales m ethods. F irst, a custom er could place an online order fr om a w ebsite, and
since the gun cannot be shipped directly to the custom er w ithout a background check being conducted,
the gun cou ld b e shipped to M r. S eaton as a licensed dealer. The cu stom er cou ld then m ake an
appointm ent w ith M r. Seaton to p ick u p the gun . A no ther m etho d w ou ld b e for M r. S eaton to o ffer
item s for sale directly off of his own w ebsite. Third, he could keep a num ber of guns in stock and take
them to an off-site gun sale. M r. Kuester indicated that all guns have to be transferred in person if the
bu yer d oes n o t hav e a F ed eral F irea rm s Licen se. T he gu ns w o uld be sh ipp ed to M r. S eato n’s h om e via
U P S o r FedE x , and an adult residen t ov er the age of 21 w ou ld n eed to sign for the package. A ll sales
w ou ld be con du cted in accord ance w ith F ederal and State law s.
Ms. McJimsey inq uired abo ut th e o th er ho me o ccu pation permits th at h av e been granted for firearms
sales. M r. Kuester ex plained th at m any of them w ere appro ved in the m id to late 19 90 s, so internet
sales w ere not p o p u la r at th a t tim e. M ost of the dealers kept a stock in their basem ents and allow ed
w alk-in o r app ointm ent custom ers. M s. M cJim sey no ted that no ho m e occup ation perm its for gu n sales
have been issued since the S tate of Iow a liberalized its w eapo n carrying law s in 20 10 . M r. Kuester
concurred; this is the first app lication in 15 years.
Board M em ber T aylor noted th at o n e o f the con dition s states that the applicant must keep the sales
stock in a secured safe. H e asked how the City w ould assure that this is being done. M r. Kuester
ex p lain ed th at th e app licant is w aiting to purch ase th e safe until after th e B o ard m ak es its d ecision . If
the perm it is approved, staff w ill m ake an inspection and ensure that the safe is on the prem ises and
large enough to hold the inventory. H e added that there is not currently a m echanism for staff to make
period ic insp ection s, bu t the B oard could require it.
U p on being qu estio ned by M r. T ayl o r , M r . K u ester clarified that the re are no other C ity perm its
requ ired for the firearm s bu siness other than the hom e occup ation perm it.
Chair Calhoun asked if any of the previously approved businesses have been recently review ed. M r.
Kuester said that staff has not contacted any of the existing businesses to see how they are being
op erated. H e is no t aw are of any issues from any of the previou sly approv ed h om e firearm s bu sinesses.
M r. Calhoun said that the B oard is con strained by the scope of the criteria and applicable law . H e noted
that the Bo ard may be presented with testim ony from neighbors that this type of use should not be
allow ed in a residential zone; how ever, the City Council m akes that determ ination, not the ZBA . The
Z BA ’s role is to identify w hat the im pacts m ay be, apply conditions to am eliorate them , or if they can’t
be m itigated, to d eny the ap plication . A ssistant City A ttorn ey Jud y Parks con curred .
Greg Seaton , 48 09 Utah Driv e, Ames, Iowa , s aid th at the customer traffic will be min imal. He
estim ates o ne p er w eek or aro un d fou r per m o nth m ax im u m . M r. Seaton ind icated tha t m an y peop le
are uninformed about the proposal and do not realize how small it is. H e stated that his neighbors
receiv ed notices abo ut the ap plication , but only one person has asked him abo ut it. M s. M cJim sey
asked him to descr ibe the process of tr ansfer ring firearm s. M r. Seaton said that a person can go to a
city po lice departm ent or cou nty sheriff to apply for a perm it to purchase or a perm it to carry. To get
either one of those, a background check m ust be conducted, including a full background check by the
F B I. T hat person could then b ring the paperw ork to him , and he w ou ld co nd uct a back ground check
as w ell. H e said that the process is very stringent and lengthy, and even for a person to get to his ho use
they w ill have gone through variou s backgroun d checks.
M r. Seaton agreed w ith M s. M cJim sey that the business w ould not be solely internet sales; how ever,
he estim ates that abou t 90 percent of transaction s w ou ld involve the internet. H e said that m any tim es
he w ill do the transaction thro ugh U P S or F edE x , and the custom er w ill not even com e to his ho m e.
In those cases, he w ou ld sh ip it to ano ther F F L dealer and the custom er w ou ld go to that person to pick
it up.
Bo ard M em b er Broo ks no ted th at the stated h ou rs of op eration in clud ed S un days, a nd h e said that it
w ould seem reasonable to not do business on S undays w hen people are off of w ork and children are
out of school. M r. Seaton said he w as am enable to that condition.
M r. S eato n noted that m an y o f the neighb ors’ con cern s had to d o w ith park ing . H e said tha t he h as so ld
one of h is v eh icles, and th ere will always be at least on e and some times two op en spots in the
drivew ay.
U po n b eing qu estion ed by M s. M cJim sey, M r. Seaton said that he w ou ld be selling rifles, shotgun s,
and handguns. N o autom atic w eapons are perm itted w ith the type of license that he w ill be applying
for, and there w ill be no am m unition involved. The guns are not readily put together or able to be shot
w hen they arrive at his h om e, so even if so m eone co uld get into on e, there is no w ay they could use
it. M s. M cJim sey said that ev en tho ugh he is not selling am m un ition , con ceiv ab ly his cu sto m ers cou ld
com e w ith his or her gun loaded if they have a perm it to car ry. M r . Se aton r eplied that on e’s paper boy
could carry arou nd a loaded gun . T he p eople w ho w ou ld be buying from him w ill have gon e thro ugh
a num ber of background checks. Crim inals or people w ith records are not allow ed to get through the
paperw ork , so h is bu siness w ou ld be the last place they w ou ld w ant to be.
Bo ard M em b er T aylor said that ad vertisin g m ay m ak e this b u sin ess an attra ctive target. H e ask ed if
M r. Seaton w ould be com fortable w ith a condition that an y advertising not include his address. M r.
Seaton said that he does not w ant to advertise; this is just a hobby. H e agreed that any advertising
w ou ld not includ e his ho m e add ress.
M r. Seaton clarified that only U PS and FedEx handle delivery of firearm s. A nybody over the age of
21 w h o liv es at the destination a dd re ss m ay sign fo r the p ack age . T hey do n ot allow p ack ages to b e left
on the doorstep or left w ith a neighbor.
M s. M cJim sey inquired as to whether or not M r. Seaton has a perm it to carry, and he replied that he
has a perm it to purchase and to carry a concealed w eapon. M s. M cJim sey inferred that he w ould have
am m u nition in his hou se for p erso nal use. M r. S eaton s aid that h e d oes, bu t it is located in a sep arate
safe w hich is hidden in nature. W ith regard to the m erchandise that w ill be kept in the other safe, M r.
S eato n s aid that he w ou ld only have on hand w hat w ou ld fit in the safe. T he safe m easures
approxim ately 59 inches b y 2 9.5 inches w ide and 2 7.5 inches deep. H e w ill m aintain a sm all inventory
and also place orders after custom ers have m ade a purchase. M r. Seaton indicated that it m ay be
beneficial at tim es to purchase several gun s at a tim e for w ho lesale prices.
M s. M cJim sey asked if the S tate of Iow a prohibits the goods from any particular gun m anufacturers
from being sold here. M r. Seaton said that silencers are not legal in Iow a, and w holesalers are kept up
to d ate on w hat can an d can’t be sold legally.
Joh n Lam on t, 10 05 Id ah o A venu e, A m es, Io w a, stated th at h e is represen tin g a large bod y o f peop le
w ho live in the Spring V alley neighborhood . H e presented a Pow erPoint, w hich w as sub m itted to the
record. Perceived neighborhood concerns covered in the presentation incl uded reduced safety of
residents and visitors, increased likelihood of crim e, reduced property values, reduced num ber of
po tential pro perty b uyers, an d in cr eas ed traffic. M r. Lam on t stated that m an y residen ts feel tha t this
neighborh oo d w ill lose its sense of security, safety, and peace if the application is app rov ed. A num ber
of other neighborhood concerns from the Pow erPoint w ere review ed in detail. H e said that m any of
the Spring V alley residents feel that the City is m ore concerned about a sm all business star tup than the
concerns and values of an entire established neighborhood, and they strongly recom m end that the
Board deny the app lication . M r. Lam on t also presented a p etition against the application , w hich w as
submitted to the record. A ssistant City A ttorney Par ks said that it is up to the Boar d to decide how
m uch weight to give the petition.
A fter M r. Lam ont w as finished speaking, a large num ber of audience m em bers stood to signal that he
w as rep resen ting their view s as w ell.
Ben S chm itt, 103 5 V erm on t C ou rt, A m es, Iow a, stated that he has three ch ild r en. H e used to be a
m em ber of the N RA and is not anti-gun. H e said that ther e ar e m any children in the neighborhood,
and this business w ould be a safety concern for him . H e considers a neighborhood arm s dealer to be
a nu isance. Mr. S ch mitt also in dicated th at when he moved to the n eighb or ho od , he loo ked a t the h ome
nex t to the subject proper ty. H e w ould not have considered purchasing a hom e next to this type of
bu siness.
John W hitm er, 1030 O klahoma Drive, A m es, Iow a, said that he is concerned about the level of
m onitoring or enforcem ent of the business if it is appro ved. H e w ould like a provision that if at any
tim e there is an authentic docum ented violation, the license w ill term inate w ithin 1 5 days w ith n o
hearing.
Larry H uism an, 48 22 U tah D rive, A m es, Iow a, stated that S aw yer E lem entary S cho ol is located a few
blocks from him . H e is also concerned about safety and about the par king situation.
Christian Charbonneaux, 921 Delaw are A venue, A m es, Iowa, expressed his support of the application.
H e said that he is an avid hunter and w ould likely use M r. Seaton’s services if the perm it w ere
approved.
W ith regard to M s. M cJim sey’s inq uiry about guns that aren’t allow ed to be pu rchased in Iow a,
P lan ner Kuester said th at he has been in h is line o f wor k fo r 2 0 years in 4 differ en t towns in Iowa. He
has presented several of these types of cases to boards in several cities, and has seen a broad array of
types of gu n sales. H e n oted tha t m an y peop le d o no t deal in the low er quality gun s beca use th ere is
so little value and m arkup. Q uality arm s h av e a h igher m arket value and d ealers prefer to sell them
instead. W ith regard to M r. Lam on t’s com m ent that C ity staff is m ore co ncern ed abou t the b usiness
than the concerns of the neighborhood, M r. Kuester stated that staff is concerned w ith the law and the
application of it. Staff strives to address w hat the neighbors are seriously concerned about and provide
co nd itio ns th at allev iate tho se co ncerns. S ome of th e issu es are beyo nd staff’s and the B oard ’s pu rv iew.
M s. M cJim sey noted that one of the neighbors suggested a condition that the perm it be term inated
im m ediately if ther e are an y v iolation s. A ssistan t C ity A ttorn ey Park s said that su ch a con dition w o uld
be against procedures and due process. It is im p licit in the Board’s procedures that if there is ever a
concern abo ut a ho m e occupation , it is autom atically brought back before the B oard for rev iew .
Several w ording options for the conditions w ere discussed by the Board. M r. Br ooks no ted that the
Code states that the activity shall be con du cted in a mann er that w ill no t alter the n orm al residen tial
character of the prem ises nor cause a nuisance. H e pointed out that this is referr ing to how M r. Se aton
co nd ucts the bu sin ess, no t the m er e fact th at he is selling gu ns. H e su gge sted th at M r. S eato n sh ou ld
keep track of the num ber of guns sold, num ber of cu stom ers that m ake appointm ents, and the n um ber
of U PS and FedEx deliveries. This w ill help the Board better m easure the im pact on the neighborhood.
S tev en H ernstad t, 909 Idaho A venu e, A m es, Iow a, stated that he is no t acqu ainted w ith the ap plican t,
but he is w orri ed abo ut the values of ho uses and the sale of houses in the area. H e thinks that the
applicant sho uld do this in a m ore ap pro priate area aw ay from scho ol and k ids.
M r. Taylor said that they could add a condition that City staff shall conduct periodic inspections of the
site. M r. Kuester said that there m ay be logistical issues, bu t there w ould b e w ays to get the inspections
accom plished . H e said that they cou ld includ e the evaluation of logs and w hether or n ot the drivew ay
is cleared as part of the inspection .
T he issue o f liability insu rance w as raised . M r. S eaton ind icated that he currently h as an um brella
po licy, bu t he w ill ens ure that the re is a ride r an d /or special co verage to cov er h is business if the perm it
is approv ed.
M s. M cJim sey said that on e o f her con cern s i s t h a t peo ple can co m e into M r. S eaton ’s hom e w ith
concealed weapons. N o matter how h e co nduc ts his business, that is still a risk. She spoke to a
lieutenant from the Story County Sher iff’s O ffice, and he indicated that prior to the liberalized gun
law s, S tory C ou nty issued 1,35 8 perm its in 2 01 0. Last year w as the first year of the n ew rules, and they
issued a total of 2,517. S he said that there is a potential for a bu rgeoning business, and no m atter how
M r. Seaton m ay think he can con trol it, he m ay have a hard tim e turn ing aw ay custom ers if business
is boom ing. S he said that there is a likely po ssibility that there w ill be an increase of gun s in that
neighborhood, concealed or in the open, and she does not think that should occur in a neighborhood
w ith lots of children. M s. M cJim sey indicated that the “gam e changer” for her is the new gun law . She
cannot guarantee that it w ill not be a nuisance or that there w ill b e as safe of a neighborhood as there
is no w .
Chair Calhoun said that the City perm its this type of use and the staff has said that they can’t find any
violation s of the Code in this application. H e said that if the applicant finds that he is getting a lot of
bu sin ess, he w o uld b e ex pected to op en up sh o p in a com m er cial lo cation . M r. S eato n em p hatically
agr eed; he said that it w ou ld b e a gre at p ro blem to h av e. H e w o uld still like to k eep the bu sin ess sm all
for personal hobby use, but w ould be happy to move if it expanded.
M s. M cJim sey is w orried that this m ay set an unhealthy dynam ic in the neighborhood w here the
neigh bo rs are part of the en for cem en t te a m , a n d the ap p licant w ill no t be ab le to gu ar an tee tha t a
vehicle in the d rivew ay is just a visitor or an actu al pu rchaser. S he d oes n ot think it is a goo d dynam ic
for anyon e. M r. C alho un said that the ap plican t’s log of the bu sin ess activ ity w ill b e very im po rtan t.
M ov ed b y T aylor, seconded b y B roo ks, to ado pt O R D E R N O . 12-0 5, thereby appro ving the req uest
for a S pecial H om e O ccup ation P erm it to allow a firearm sales hom e bu siness at 4809 U tah D rive,
subject to the hom e occupation being operated as described in the staff report, and subject to the
follow ing condition s:
1.That the applicant com plies w ith all Federal, State, and local firearm s licensing and reporting
requ irem ents;
2.That the business operates by appointm ent only and that appointm ents m ay only be set during the
hours of 4:00 to 8:00 p .m. Tuesd ay throu gh Frid ay and 1 2:00 to 5:00 p .m. o n Satu rday, and no
ap po in tm ents sh all be set on S un day;
3.T hat all cu sto m ers be ins tructed to p ark in the driv ew ay and to acc om p lish this, the ow ner is
restricted to keeping no m ore than fou r vehicles on site;
4.That if there is advertising, that all advertising, including any listing or advertisem ent in the Y ellow
Pages or on the internet include a statem ent that the business w ill be done by appointm ent only and
that the address o f the b usiness not be listed in any adv ertising;
5.T hat there be no sign for the bu siness;
6.T hat it is un derstoo d that this is a special ord er firearm s and spo rting goods sales bu siness; all sales
sto ck is to be k ep t in a secu re gu n safe as p ar t of th e bu sin ess, and that no am m un ition sales sh all
be included as part of the proposed h om e occupation;
7.T hat the firearm s portion of the business shall not com m ence un til the C ity has received pro of that
a F ederal firearm s license h as been obtaine d;
8.T hat th e ap plican t shall k eep a log o f all app ointm en ts an d gu n transfers that take p lace o n the site
for one year fro m the d ate of this perm it, an d this log shall b e m ad e av ailable to staff up on req uest;
and,
9.T his perm it shall expire after one year, and is subject to the usual enforcem ent procedures.
M r. Brooks said that w hen som eone purchases a hom e in an a Residential Low D ensity zone, they have
a reasonable expectation that they’ll be protected by the zoning law s. The ZBA is the device that the
City has created to allow hom e businesses, and there are a set of standards w hich the Board is trying
to meet. Mr. T aylo r add ed th at he sees no reaso n why th e C ity C ou ncil cou ld n ot add h ome firear ms
sales to the list of prohibited uses as home occupations. H e encouraged the group to bring up the issue
w ith their C ity C ou ncil m em ber; ho w ever, it is im po rtant to n ote that it is no t in the Code no w.
M oved by Taylor, seconded by B rooks, to amend the m otion to include a condition that no classes or
group activities related to firearm s shall be condu cted on site.
V ote on M otion as A m ended: 3-1 .
V oting A ye: C alho un , T aylor, B roo ks. V oting N ay: M cJim sey. M otion declared appro ved.
C O M M E N T S : There w ere no com m ents by the Board.
A D JO U R N M EN T: T h e meeting ad jo urned at 10:13 p.m.
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E m ily Bu rton , Reco rd ing S ecretary B ru ce C alho un , Ch air