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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 12-14-2011MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA DECEMBER 14, 2011 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:02 p.m. on December 14, 2011, in the Council Chambers of City Hall with the following members present: Bruce Calhoun, Elizabeth Erbes, Sandra McJimsey, Gary Taylor, and Thomas Weber. Staff members Sam Perry, Rucha Agnihotri, and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Erbes, seconded by Weber, to approve the minutes of the special meeting of December 7, 2011, as written. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 11-25 - SPECIAL HOME OCCUPATION PERMIT - 1313 RIDGEWOOD AVENUE Public Hearing on application for Special Home Occupation Permit to allow a mystery theater home business City Planner Sam Perry stated that the Ames Municipal Code encourages small businesses to start out in homes, as long as they are not adversely affecting neighborhoods. This proposed business is not on the permitted or prohibited list in the Code, which makes it a Special Home Occupation Permit. Mr. Perry said that the request for a mystery theater home business is the first of its kind in Ames. He stated that the theater is operated like the board game Clue, done live with a script. He reviewed the details of the proposal and criteria as stated in the application and staff report. Mr. Perry noted that traffic and parking are sources of potential impacts on the neighborhood. He displayed a map, which showed a possible arrangement of vehicles in the applicant’s driveway. A picture of the applicant’s driveway was also shown. With confirmation from Assistant City Attorney Judy Parks, Mr. Perry stated that the paved portion of the driveway that extends from the driveway to the house is considered “legal non-conforming”, so clients would be allowed to park in that area. Five or six vehicles would fit in the applicant’s driveway, and the applicant plans to be present when clients arrive to ensure that cars are parked safely in the driveway. She would also be outside when vehicles leave. Mr. Perry stated that staff is recommending approval of the application based on the findings of fact and conclusions. Board Member Erbes asked when the photo of the driveway was taken. She noted that a van in the picture appears to be parked off of the concrete, and a detached trailer was also parked in the grass. Mr. Perry deferred to the applicant regarding the van, but stated that the trailer was illegally parked on the lawn. It has been moved since the photo was taken approximately one week ago. The Board discussed whether or not it would be necessary to place conditions on an approval in order to ensure that parking does not pose a problem for the neighborhood. It was noted that parking criteria is already in place in Municipal Code Section 29.1304(3)(f). Assistant City Attorney Parks added that these criteria do not restrict how many vehicles could be parked on the street. Board Member McJimsey said that there would be no limit to the number of clients present at one time unless the Board placed a condition on the approval. Shelley King, 1313 Ridgewood Avenue, Ames, Iowa, stated that she will be resurfacing the driveway in the spring. She explained that the concrete is difficult to see in the picture, but the van is parked completely on paved surface. Ms. King indicated that the mystery parties can only accommodate 8 to 10 people, because the scripts are preset. The maximum number of people she could allow would be 10, and they would come to the event as couples. Upon being questioned by Ms. McJimsey, Ms. King clarified that the driveway will be resurfaced exactly as it is now; no new areas will be paved. Ms. McJimsey inquired about the serving of snacks at the events. Ms. King explained that if she wanted to provide a dinner theater and cook meals, she would need to have her kitchen inspected and licensed by the State. She plans to provide complimentary pre-prepared snacks for her guests, which does not require a license. Ms. McJimsey asked if there would someday be catered meals at the events. Ms. King indicated that she would be more likely to get her kitchen inspected and licensed and cater the events herself rather than hiring someone else to do it. Chair Calhoun asked about the relationship between the applicant and Susan Wolfe, the property owner. Ms. King explained that she is acquainted with Ms. Wolfe’s brother. Ms. Wolfe bought the house for Ms. King to purchase on contract. Upon being questioned by Mr. Calhoun, Ms. King testified that she would not allow any clients to park on unpaved surfaces. She stated that her vehicle would either be parked in the garage or off site before the clients arrive. She will be present both when they arrive and when they leave. Ms. King described the area of the house that will be used for the theater activities. She explained that clients will arrive at approximately 6:00 p.m., at which time there will be a short “meet and greet”. Everyone will receive a script, and the group will go through the script and follow clues. After the game is over, clients will mingle. The clients will leave around 10:00 p.m. Assistant City Attorney Parks asked what night(s) of the week the theater will operate. She noted that the applicant lives close to Ames High School, and the area can be very busy during home football games. Ms. King said that she plans to have events on Friday or Saturday evenings. She has noticed traffic from the games, and believes that her clients will be arriving and leaving about a half hour on either side of the game traffic. Moved by Taylor, seconded by McJimsey, to adopt ORDER NO. 11-25, thereby approving the request for a Special Home Occupation to allow a mystery theater home business at 1313 Ridgewood Avenue, subject to the following conditions: 1.That the hours of operation be from 6:00 to 10:00 p.m., no more than 4 times per month; 2.That the applicant follow the parking criteria set forth in the Ames Municipal Code that allows for no more than 4 client vehicles on site at one time; 3.That the operation be confined to the family room; 4.No overnight stays; 5.No meals served as part of the business, unless the applicant gets the appropriate licenses to do so; and, 6.That all activities of the mystery theater take place inside the house. Roll Call Vote: 5-0. Motion declared approved unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: The meeting adjourned at 7:39 p.m. ______________________________ _____________________________ Emily Burton, Recording Secretary Bruce Calhoun, Chair