HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 3-09-2011MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA MARCH
9, 2011
The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00
p.m. on March 9, 2011, in the Council Chambers of City Hall with the following members
present: Bruce Calhoun, Elizabeth Erbes, Sandra McJimsey, and Thomas Weber. Board
Member Taylor was absent. Staff members Sam Perry, Andrew Farley, and Judy Parks were also
present.
APPROVAL OF MINUTES: Moved by Calhoun, seconded by McJimsey, to approve the
minutes of the meeting of January 12, 2011, as written.
Vote on Motion: 4-0. Motion carried unanimously.
CASE NO. 11-02 – SPECIAL HOME OCCUPATION PERMIT – 4122
QUEBEC STREET
Public Hearing on application for a Special Home Occupation Permit to
allow a licensed massage therapist
Planning and Housing Intern Andrew Farley explained that the application is to
allow a professional massage therapy business to operate from the home of the
applicant. The subject property is zoned Residential Low Density. There are a
total of six off-street parking spots available; two in the garage and four in
the driveway. The applicant has proposed hours of operation of 8:00 a.m. to 6:00
p.m., Monday through Friday. Clients would come by appointment only, and the
applicant would schedule 30 minutes in between each session to avoid more than
one client vehicle being parked in the driveway at a time.
Notification of the application was made to owners within 200 feet of the subject
property. In addition, a notice of public hearing sign was placed in the applicant’s
front yard. City Planner Sam Perry stated that he received two inquiries about
the application. Of the two, only one individual remained concerned after reviewing
details of the project. This individual lives two houses to the east of the subject
property, and she felt that the business should operate until 5:00 p.m. instead
of 6:00 p.m. Mr. Perry encouraged the individual to review the staff report and
submit a written statement to the Board if she felt that the application did not
meet the criteria, but no such statement has been received.
Mr. Farley reviewed the project as detailed in the staff report. Chair Weber asked
about the available off-street parking. He does not think that it is accurate
to state that there are four available spaces in the driveway, because cars would
have to be “jockeyed” if one was blocking another. Mr. Perry said that this should
not be an issue since the applicant plans to schedule time in between appointments
to avoid multiple clients parking at the same time. Furthermore, there will not
be a need for the applicant or her husband to be going into and out of the property
during the day. Mr. Perry noted that there is also on-street parking available
in the neighborhood.
Upon being questioned by Board Member Calhoun, Mr. Farley affirmed that City staff
reviewed all applicable law and found that the application complied. Board Member
Erbes asked if the Municipal Code governs hours of operation for Home Occupations.
Mr. Perry said that it does not; the main criterion to focus on is whether or
not granting the permit would alter the normal residential character of the
neighborhood. City staff believes that the proposal is a low-impact business,
and the application meets the criteria.
Molly Larson, 4122 Quebec Street, Ames, Iowa, stated that she has been licensed
by the State of Iowa as a massage therapist for nine years, and she has a steady
clientele from working on Main Street for the past six years. She plans to have
one vehicle parked at a time with no overlapping. Clients will park in the driveway,
not in the street.
Chair Weber asked if it would be a hardship if the hours of operation were cut
back to 5:00 p.m. Ms. Larson said that it would be; 8:00 a.m. to 6:00 p.m. have
been her hours for the last 6 years. The later time slot is very popular for people
just getting off of work. Ms. Larson indicated that she would likely want to work
on Saturday mornings if the hours were cut to 5:00 p.m. Board Member McJimsey
asked what time the last appointment of the day starts, and whether her appointments
ever run late. Ms. Larson said that it would be from 5:00 to 6:00, and appointments
do not run over.
Ms. McJimsey said that it is possible for schedules to change, and the applicant
or her husband may someday need to get in an out of the driveway during the day.
Ms. Larson said that she would have clients park on the opposite side of whatever
vehicle is in the garage. In the event that she needs to get her car out of the
garage and leave the house, the client would have to leave the driveway as well,
since she would not leave a client alone in her house. She could also park her
car in front of the house on the street if it needed to be accessible.
Ms. McJimsey asked what would happen if the business grows and Ms. Larson ends
up with more appointments in the day or longer hours of operation. Mr. Perry said
that anything beyond what is stated in the application would be a violation of
the permit. If the applicant someday desires a change to the permit, the request
would have to come before the ZBA. If a complaint is registered against the
applicant, City staff would investigate it and determine what action, if any,
is necessary.
Moved by McJimsey, seconded by Erbes, to adopt ORDER NO. 11-02, thereby approving
the application to allow a licensed massage therapist at 4122 Quebec Street,
subject to the home occupation being operated as described in the staff report.
Roll Call Vote: 4-0. Motion declared approved unanimously.
COMMENTS: Chair Weber noted that elections would be held at the next meeting on
April 13. Board Member McJimsey thanked Mr. Weber for his year of service as Chair.
ADJOURNMENT: The meeting adjourned at 7:22 p.m.
______________________________ _____________________________
Emily Burton, Recording Secretary Thomas Weber, Chair