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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 12-10-2008MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA DECEMBER 10, 2008 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on December 10, 2008, in the Council Chambers of City Hall with the following members present: Bruce Calhoun, Lucy Martin, Bradley Miller and Thomas Weber. Board member Link was excused. Staff Planner Charles Kuester and Assistant City Attorney Judy Parks were also present. APPROVAL OF MINUTES: Moved by Martin, seconded by Weber, to approve the minutes of the meeting of October 22, 2008. Vote on Motion: 4-0. Motion carried unanimously. CASE NO. 08-19 SPECIAL HOME OCCUPATION PERMIT - MATTHEW BRADNER, 1213 24TH STREET Public Hearing on Application for a Special Home Occupation Permit for a home sales consulting business at 1213 24th Street City Planner Charles Kuester stated that the City received an application from Matthew Bradner to begin a home occupation in his residence on 24th Street. He plans to provide advice to homeowners on selling their homes and to offer basic services such as home organization and design. Minor work, such as cleaning, may also be done for clients. Business activities will take place during daytime hours, but the work will be done off-site in the customers’ homes. The applicant’s home will only be used for setting appointments, bookkeeping and occasional meetings with employees. Mr. Kuester summarized staff’s findings and conclusions, based on the criteria specified for approval of a Special Home Occupation: · The activity will be limited to desk work and to computer and telephone use, so will not be a nuisance to neighbors. The business operation will be limited to an approximately ten-square-foot area of the home and this is within the 25% allowed under the Municipal Code. · No sign is proposed. · Only normal household equipment will be used in the operation of the business; no merchandise or stock will be kept in the home. · The Municipal Code states that a home business may employ only residents living in the household, unless approval is granted by the Zoning Board of Adjustment. The applicant is seeking permission to have up to two non-family-member employees. These individuals will not work in or from the home, but may stop in for meetings or to receive assignments. Their work will be conducted in the clients’ homes. 2 · The code specifies that the proposed home occupation shall not generate additional traffic to the neighborhood. The applicant anticipates no customer visits to the home. Employees may visit, but only rarely, and any parcel deliveries would also be infrequent. There is a double-wide driveway at this home, so any visits can be accommodated in the driveway. Mr. Kuester noted that one letter and three phone calls had been received from neighbors who expressed concerns about parking and traffic. After advising these citizens that the business owner would be going to his customers’ homes to conduct business, they were satisfied, but requested that employees be asked to park in the driveway. Mr. Kuester noted that 24th Street is relatively busy so this home occupation should not have an impact on traffic. · Home sales consultation will be the only home occupation at this address and no classes will be held. In conclusion, Mr. Kuester stated that staff believes all the criteria for approval have been satisfied. The only issue could be the impact of employees parking on the site, so staff recommends approval of the application with the stipulations that up to two non-family members may be employed, that any changes to the operation from that described in the application would necessitate a new application for a revised permit, and that any employees who visit the site shall be required to park off the street in the homeowner’s driveway. There was some discussion about hours of operation, but since there will be no visits to the home, it was determined that they would not need to be identified on the permit. Board member Miller asked if the City had looked into the level of congestion at the intersection of 24th Street and Northwestern Avenue. Mr. Kuester said that traffic does back up on the east-west portion of 24th Street during peak travel times, but he did not believe the home occupation would have any impact on congestion – parking on the street seemed to be the biggest issue. Jason Schmitz, 3015 Woodland Street, representing the applicant, stated that he hopes to become an employee of the business in January. He affirmed that there would be no planned visits or deliveries to the home and the advertising will specify that. He said contact will be via e-mail and telephone. Although he is the only employee planned at present, the driveway can accommodate four vehicles and there is a two-car garage, so six vehicles can be parked off the street. Regarding his role as an employee, Mr. Schmitz said he would just provide consultations or help with cleaning, as requested. He would not need to visit the applicant’s residence or pick up any materials there, and there are no planned meetings. Mr. Schmitz noted that he does not even have a vehicle that could carry any supplies. When asked to further explain the nature of the business, Mr. Schmitz said that people often have trouble selling their homes because of general disorganization, clutter, or the presence of personal objects that prevent customers from seeing the home as a property they could occupy. His role will be to help identify items that should be removed and to help sellers clean and organize, especially if they don’t have time. He will not provide any goods. The only tools or 3 accessories he might use would be a vacuum cleaner, dustpan, broom and cleaning items. Mr. Schmitz also suggested that the neighbors’ concerns about traffic congestion were probably due to the presence of a Cy-Ride bus stop and a neighboring rental unit. Moved by Miller, seconded by Weber, to ADOPT ORDER NO. 08-19, granting a Special Home Occupation Permit to allow a home sales consulting business at 1213 24th Street with the following stipulations: 1. that permission is granted for up to two non-family members to be employed; 2. that any change to the operation of the business from its description in the application shall require submittal of a new application; and 3. that all personal vehicles of employees be parked off-street. Roll Call Vote: 4-0. Motion declared approved unanimously. CASE NO. 08-20 VARIANCE - JILL AND OREN GEISINGER III, 201 WASHINGTON AVENUE Application for Variance to side yard setback requirements to allow construction of a new detached garage at 201 Washington Avenue Planner Kuester stated that this application would be heard at the meeting in January because it had been determined that an additional Variance is required. COMMENTS: None. ADJOURNMENT: The meeting was adjourned at 7:32 p.m. Karen C. Thompson, Recording Secretary Bradley Miller, Chair The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wednesday, January 14, 2009, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.