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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 6-23-2010MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JUNE 23, 2010 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on June 23, 2010, 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 Jeff Benson and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Calhoun, seconded by Taylor, to approve the minutes of the meeting of May 26, 2010. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 10-06 SPECIAL HOME OCCUPATION PERMIT - DIANNE HYDEN, 4709 STEINBECK #2 Public Hearing on application for Special Home Occupation Permit to allow a home family daycare City Planner Jeff Benson explained that the applicant is requesting a Special Home Occupation Permit for an apartment that she will be moving into in August. She currently lives in an apartment in Norwalk, and operates a home daycare there. Mr. Benson explained that, for child care, as for all Home Occupation Permits, the question is whether the use will alter the character of the surrounding neighborhood. He stated that no alterations will be made to the property or the building for the business, so there will not be a permanent impact on the area. Mr. Benson noted that another important consideration is the size of the business. In a residential district, the business should be a minor part of what is going on. He explained that approximately 10 percent of the apartment’s floor area will be used for the daycare; primarily one bedroom out four. Mr. Benson said that traffic and parking are two other important criteria to consider, because it is common for several people to be arriving at the daycare one after another. In this case, the access is a local street with flow-through circulation. It will be fairly easy for people to find a parking space or stop in the drive aisle and come out at the other side. Staff does not foresee any problems with cars lined up on the street to pick up children or any interference with traffic flow. According to Mr. Benson, there are 181 parking spaces in the complex, which exceeds City requirements. The daycare use should function with or without the parking, and parking is not an issue that would affect the character of the neighborhood. Mr. Benson said that noise is another factor when considering a home daycare. He pointed out that children can be noisy; however, children are a normal part of residential life in a residential neighborhood. The applicant’s unit is on the ground floor, so there would be fewer units affected by noise from the home daycare. Mr. Benson indicated that City staff found two other daycare homes that were approved in apartment complexes in Ames. He contacted the managers of both places, and neither reported any problems with the home daycare disrupting other people. Mr. Benson noted that there is no outdoor space in the apartment complex for the kids to play, so the applicant plans to take the children to a nearby neighborhood park for them to play. Board Member Erbes asked if the applicant would have to comply with state regulations, even if they are more stringent than the standards in the Municipal Code. Mr. Benson indicated that the applicant would have to comply with State requirements in order to conduct business. He explained that the Municipal Code is more about the impact on the neighborhood, not the care of the children; the State Code regulates the latter. Board Member McJimsey asked about enforcement if there happened to be complaints from other people in the building. Assistant City Attorney Judy Parks explained that complaints would be taken by Planning staff and would be investigated. Staff would ask the Board to reconsider the permit or take it away if the complaint was severe enough. Dianne Hyden, 1900 Cedar Street F307, Norwalk, Iowa, stated that she has been in the daycare business for about 13 years. She has been doing in -home daycare since January of 2005, and has been registered with the Department of Human Services (DHS) since 2005. She has not had any issues with parking or noise with her current daycare, despite the fact that she lives in a third floor apartment. Chair Weber asked if school-age children would only be at the daycare for a couple hours. Ms. Hyden stated that, according to DHS standards, she could watch school -age children all day in the summer; however, Ames has different standards. She is willing to comply with the Ames rules and only watch school-age children for a couple hours each day. Mr. Weber asked for specifics about a typical day at the daycare for pre-school age children. Ms. Hyden noted that she prepares breakfast and lunch for the children, and also plans to take them outside frequently. Mr. Weber stated that he researched various daycare regulations, and found that the states of Wisconsin and Iowa recommend 35 square feet be designated per child. He noted that the proposed room is 115 square feet, and the bathroom will also be used, so he estimates approximately 140 square feet total for the business. He said that 35 times 4 is 140, so it would appear that the applicant would be limited to 4 children. Ms. Hyden stated that her daycare would be considered a “Developmental Home A”, which would not have to meet those specific requirements from DHS. Mr. Weber said that he is not thinking of it as a requirement, but rather in terms of what is best for the kids. It seems to him like the recommended square footage is 35. Ms. Hyden stated that it has worked out well how she has done it so far. She noted that ages of the children will vary, and if there is a baby, they take up much less space. Board Member Erbes stated that the Board could also consider 6 kids at 35 square feet per child. There is one room assigned, but there will probably be “spillover” into other rooms. Ms. Hyden said that she thought that she was required to keep the children in only one room; if it is not required, theb she could utilize part of the living room. Assistant City Attorney Parks said that there may be a principal room that activities take place in, but it is common in a home daycare situation for children to go into other rooms. The question of employees was raised, and Ms. Hyden stated that she has a teenage daughter who occasionally helps out, and her husband is approved by DHS to be her substitute in the case of an emergency. Moved by Taylor, seconded by McJimsey, to adopt ORDER NO. 10 -06, granting a Special Home Occupation Permit to allow a family daycare home at 4709 Steinbeck, Apartment 2, subject to the condition that child care shall be limited to no more than six children at any one time, or no more than five children if any of the children are of school age. Ms. McJimsey asked if Home Occupation Permits are subject to review at some point. Mr. Benson said that they are not, unless the Board specifies that it would like to review the permit at a later date. Otherwise, it would only be reviewed on a complaint basis. Vote on motion: 5-0. Motion declared approved unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: The meeting adjourned at 7:26 p.m. ______________________________ _____________________________ Emily Burton, Recording Secretary Thomas Weber, Chair