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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