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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 3-14-2007THE ZONING BOARD OF ADJUSTMENT AMES, IOWA MARCH 14, 2007 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on March 14, 2007, in the Council Chambers of City Hall with the following members present: Denise Link, Mary Ann Lundy, Lucy Martin, Bradley Miller, and Charles Samuels. Staff members Judy Parks, Seana Perkins, Steve Osguthorpe and Dominic Roberge were also present. APPROVAL OF MINUTES: Moved by Miller, seconded by Link, to approve the minutes of the meeting of February 14, 2007. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 07-05 SPECIAL HOME OCCUPATION PERMIT – DANIEL HABHAB, 202 KEN MARIL RD. Public Hearing on Application for renewal and modification of a Special Home Occupation Permit to allow the operation of a car detailing business at 202 Ken Maril Rd. Planner Perkins stated that this application was before the Board because Mr. Habhab’s original permit required him to re-apply in six months, if he intended to continue the operation of the business. She said that the applicable laws, findings of fact and conclusions were detailed in the staff report, and that most of the stipulations recommended by staff had been included in the previous approval. Ms. Perkins said that the applicant was requesting a change in the hours of operation. Rather than working 12:00 p.m. to 1:00 p.m. and 6:00 p.m. to 8:00 p.m., Monday through Friday, he would like the option to work from 7:00 a.m. to 8:00 p.m., Monday through Saturday. Ms. Perkins stated that some communication received from neighbors indicated that they had concerns about contaminants going into storm sewers as a result of car washing at the home, but Mr. Habhab has stated that he plans to wash the vehicles at a commercial car wash off-site, so stipulation number three addresses that issue. Ms. Perkins added that two written pieces of correspondence had also been received, both in support of the applicant’s proposal. Staff recommended approval of the continued operation of the car detailing business with the stipulations proposed in the staff report. Daniel Habhab, 202 Ken Maril Road, stated that the stipulations were acceptable and he had no comments to add. Moved by Link, Seconded by Martin to ADOPT ORDER 07-05 granting a Special Home Occupation Permit to allow the operation of an automotive detailing business at 202 Ken Maril Road, with the following stipulations: 1. That the hours of operation be from 7:00 a.m. to 8:00 p.m., Monday through Saturday; 2. That the applicant shall not produce noise that is detectable at the lot line; 3. That the Special Home Occupation shall occur completely within the attached garage and the washing of vehicles shall occur at a commercial car wash off-site; 2 4. That no more than one client vehicle at a time be allowed on the site, and that the client vehicles must be detailed within the garage; 5. That the applicant shall utilize only equipment that is customary for domestic household purposes, excluding commercial grade pressure washers and other commercial grade equipment; 6. That there be no outside employees coming to the site to work; 7. That no more than three vehicles shall be detailed each week; 8. That the Special Home Occupation shall be conducted in such a way as to be in compliance with other City of Ames ordinances. Roll Call Vote: 5-0. Motion carried unanimously. CASE NO. 07-06 SPECIAL HOME OCCUPATION PERMIT – MARY BAUMGARTNER LEVNER, LISW, 722 DOUGLAS AVENUE Public Hearing on Application for a Special Home Occupation Permit to allow a psychotherapy practice at 722 Douglas Avenue Planner Roberge introduced Choyon Manjrekar, a new intern in the Planning Department who assisted in the preparation of this report. Mr. Roberge stated that the home in question is at the corner of Douglas Avenue and Eighth Street. He said there is a driveway off of Douglas as well as one off the alley east of the home which leads to two parking places in the rear yard. At present, the rear driveway is full of items that will soon be moved. He explained that the applicants’ sister recently purchased the home and is not living there yet; she intends to move in when remodeling is complete. Mr. Roberge described the home as a 2,454 square-foot, two-and-one-half-story residence with a two-car attached garage. He said the applicant intends to offer one-hour psychotherapy sessions for individuals, couples and families. Her proposed hours of operation are 9:00 a.m. - 5:00 p.m. on Monday and Wednesday, 12:00 p.m. to 9:00 p.m. on Tuesday and Thursday, and 10:00 a.m. to 5:00 p.m. on Friday. No more than eight clients per day would be seen. Mr. Roberge said that approximately 12 percent of the home’s floor space would be used, and there would be no modifications made to the premise for the operation of the business. No signs are proposed and no specialized equipment will be required. There will be no outside employees. Mr. Roberge stated that the Zoning Ordinance stipulates that up to two non-family members may be employed in a home occupation; in this case, a non-resident family member would be the employee. Staff does not anticipate excess traffic as a result of this business and there will be no classes or other home occupations at this address. Mr. Roberge said that staff believes all standards are met and recommended approval of the permit with stipulations. Mary B. Levner, gave her address as 705 Clark Avenue, Apt. 9, and stated that she will soon be moving to the home she has purchased at 804 Douglas Avenue. Ms. Levner stated that she is new to Ames and is not sure if the practice of seeing patients in homes is common here or not. She explained that she had had a business in her home in Bethesda, MD, for 25 years. She has visited with a few of her future neighbors and said they did not seem to object to her plans. 3 Ms. Levner explained that she and her elderly parents will live in the house at 804 Douglas; her sister and two-and-a-half-year-old niece will live in the house at 722 Douglas. She said that the hours listed in the application are those she has held in the past, but she does not intend to work all of them – she and her sister are sharing the care of her elderly parents. Anne Kinzel, 720 Duff Avenue, stated that she was not in opposition or support of the application, but said that the Staff Report does not note that this house is located in the Historic District and she is concerned about establishing a precedent there. In this case, she is concerned that the person who will own the business is not the person who owns the property, nor is she an employee of the homeowner, which is what the code seems to allow. She questioned whether this proposal fit with the zoning code, and expressed concern about historic property being “let out” for people to start businesses in. Ms. Kinzel also questioned how staff expected the applicant to be able to see individuals, couples and families with a limit of ten vehicle trips per day, unless they all came in one car. It was noted that the historical district includes all the houses in the 700 and 800 blocks of Douglas, and first house in the 900 block. The 600 block is not included. Rae Haws, 812 Douglas, stated that she is a neighbor and also the President of the Historic Old Town Neighborhood Association. She said that three or four neighbors approached her with concerns about traffic and setting precedents, although she did recall that an architect had used his house for a home business a few years ago. Ms. Haws reported that she had polled her board members by e-mail, and everyone who responded stated that they supported this application. Kathy Berrett, 111 Eighth Street, said she was unsure if the area off the alley was really a driveway. She said that in the past a fence was there and suggested that it might just appear to be a driveway now because a section of the fence has been taken out. In any case, she said the biggest concern is that everyone wants to protect the Old Town Neighborhood. Ms. Levner stated that once her divorce becomes final, she will be a part-owner of the house at 722 Douglas. At this point, her money is in the home, but her name is not yet on the title. She also stated that she was not aware that the area in the back had not been a driveway. It is full of junk and they are still cleaning it out, and while it could be used as an entrance to the parking area, that would not be necessary. Ms. Levner stated that she and her former husband both had practices in their home in Bethesda. They had no off-street parking, but it was never a problem because clients visit by appointment and they don’t linger. She said did not understand why there was concern about allowing a business in an historical home. She said her office would be in a bedroom upstairs they will not modify the structure at all for the business. Miller asked if it would be possible for the residents and business clients to all park off the street. Ms. Levner said that it would be; her sister and niece can use the garage and she will be able to walk across the street. The driveway will hold at least three cars and she would be willing to ask that no one enter the parking area from the alley. 4 There was discussion about home occupation permits in the Old Town Neighborhood, and it was pointed out that there is no density limitation on this type of permit; there are many home occupations in all areas of town that most people are unaware of. There was a question about whether any historical regulations pertained to the interior of homes and Attorney Parks stated that they did not. Board member Martin asked if there was any basis for concern that the applicant is not the homeowner. Ms. Parks stated that owners do need to be made aware of this type of request, but ZBA has allowed persons with no interest in the property (renters, for example) to have home occupations in the past. Board member Link noted that the Zoning Board often requires proof of licensure or certification for day care businesses and wondered if that would be appropriate here. Ms. Parks stated that occupations of this nature are heavily governed by outside bodies and it should not be necessary for the ZBA to address that issue. Moved by Miller, Seconded by Samuels to ADOPT ORDER 07-06 approving a Special Home Occupation Permit for a psychotherapy practice at 722 Douglas Avenue, with the following stipulations: 1. That no more than two cars shall be allowed at the business at any one time, and all client vehicles shall be parked off the street while at the premises. The applicant shall instruct her clients to park on the driveways of the home. 2. That no more than ten vehicle visits are allowed per day during business hours. 3. That the hours of operation be limited to the hours of 12:00 p.m. to 9:00 p.m. on Monday, 9:00 a.m. to 5:00 p.m. on Tuesday, 12:00 p.m. to 9:00 p.m. on Wednesday, 9:00 a.m. to 5:00 p.m. on Thursday, and 10:00 a.m. to 5:00 p.m. on Friday. Roll Call Vote: 5-0. Motion carried unanimously. COMMENTS: Mrs. Lundy noted that Mr. Samuels’ term was expiring at the end of the month and thanked him for his five years of service to the Zoning Board. Mr. Samuels declared that he has enjoyed working with this group and especially appreciated Ms. Parks’ recent presentation. Mr. Osguthorpe also expressed his appreciation for the time and dedication shown by Mr. Samuels and all the members of the Board. ADJOURNMENT: The meeting was adjourned at 7:45 p.m. Karen C. Thompson, Recording Secretary Mary Ann Lundy, Chair The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wednesday, April 11, 2007, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.