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From YouTube: 7-24-19 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, July 24, 2019.
Help us caption & translate this video!
https://amara.org/v/C0suD/
A
The
consent
agenda,
the
decisions
of
this
board
can
only
be
appealed
in
the
Polk
County
District
Court.
So
if
you
believe
you
have
been
harmed
by
an
error
made
by
this
board,
your
only
remedy
is
to
seek
relief
through
the
district
court
within
30
days
of
the
filing
of
the
Board's
decision.
In
order,
if
you
believe
the
zoning
regulations
applied
by
this
board
are
wrong,
incorrect
or
otherwise
constructed
improperly,
you
may
petition
the
City
Council
to
change
those
regulations
for
future
considerations.
A
All
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
will
become
a
permanent
part
of
the
record
and
will
not
be
returned.
So
if
you
have
any
photos,
drawings
maps
that
you
want
to
share
with
us,
you'll
need
to
leave
those
with
staff
for
the
record
or
be
prepared
to
provide
suitable
copies.
Just
a
quick,
a
couple
of
housekeeping
items,
we
ask
that
you
avoid
any
undue
conversation,
the
audience
so
as
to
not
be
disruptive
or
distracting
from
the
hearing
that
is
in
progress,
you're
doing
a
fine
job
of
that
so
far.
A
Thank
you.
We
also
ask
that
you
ensure
your
cell
phone
has
been
silenced
once
again,
thank
you
and
if
you
need
to
use
a
restroom,
you
can
just
go
right
out
the
main
doors
here.
Go
past
the
staircase
don't
go
down
the
stairs.
There's
restrooms
on
the
left
just
past
the
staircase.
Once
the
agenda
item
that
you're
interested
in
has
been
completed,
you
are
welcome
to
leave
the
hearing.
We'll
also
have
a
ten-minute
break
in
the
hearing
after
3
o'clock.
If
that
may
be
needed.
A
B
Yeah
I
do
have
a
few
changes
to
our
consent
agenda
today.
Item
number
9
is
the
appeal
at
8:36,
Douglas
Avenue
I
believe
that
ones
will
have
to
be
discussed
since
staff
has
recommended
a
couple
conditions,
including
paving
a
driveway
and
removing
some
gravel
that
yeah
applicant
can
have
their
opportunity
to
protest,
I
guess
and
then
we
have
three
items
who
we
want
to
move
to
the
consent.
That's
item
number
10.
B
The
appeal
at
925,
south
east
9th
street
we've
received
no
opposition
to
that
to
date
in
the
Affleck
applicants,
in
agreement
with
the
staff
recommendation.
So
as
long
as
nobody
is
here
to
oppose
it
today,
staff
is
comfortable
moving
number
10
to
the
consent
agenda,
also
number
12,
which
is
a
proposed
to
sign
at
38
39
Merle
hay
road.
Again,
the
applicant
agrees
to
the
conditions
recommended
by
staff
and
we
have
received
no
opposition
to
that.
A
Motion
by
Marlys
second
by
nathan,
all
those
in
favor
raise
your
right
hand
say
aye
all
right.
So
what
I'll
do
now
is
already
we
had
items
1
through
8
that
city
staff
has
again
recommended
approval
by
this
board,
subject
to
some
staff
recommendations
that
the
appellant
would
still
have
to
comply
with.
So
is
there
anybody
opposed
to
granting
approvals
for
item
1
a
special
permit,
2,200
beaver
Avenue
at
the
First
Church
of
open
Bible.
Anybody
opposed
item
1
hands
item
2
an
exception
request
at
4511
Waveland
court.
A
Any
objections
seeing
none
item
3
a
conditional
use
permit
at
1113,
East
Army
Post
Road
any
objections
there
seeing
none
item
4
conditional
use
permit
at
4701
of
Fluer
Drive
any
concerns
with
that
any
hands.
None
item
5
the
conditional
use
permit
request
near
50,
801,
Hickman
Road.
Anybody
here
in
opposition
to
that
near
Merle,
hay
and
Hickman
Road.
Seeing
none
item
6
is
a
special
permit
request
at
29
26
Beaver
Avenue
in
the
opposition
to
that.
A
Okay,
none
there
and
a
variance
request
for
item
7
at
43:19
Kingman
and
the
objections
okay
and
item
8
a
conditional
use
permit
in
the
vicinity
of
3825
Vandalia
row,
Helena
industries.
Anybody
opposed
to
that
okay.
Seeing
none
would
there
be
a
motion
by
the
board
to
grant
approval
subject
to
staff
recommendations
on
items
one
through
eight,
twelve
and
sixteen
all
right
move
by
Marlys.
Second,
by
Nathan,
all
those
in
favor
raise
your
right
hand
say.
Aye.
Okay
motion
carries
six
to
zero
okay.
So
what
we'll
do
then?
A
A
B
Item
number
9
is
a
request
for
an
exception
of
160
square
feet
over
the
calculated
maximum
820
square
feet
of
accessory
structures
allowed
in
the
rear
yard
area
in
it
would
allow
of
construction
of
a
second
garage
in
the
backyard
of
this
property.
The
property
is
located
just
north
of
Euclid
Avenue
and
just
to
the
west
of
the
sixth
Avenue
Highland
Park
commercial
corridor.
The
subject
property
contains
a
single-family
dwelling
there.
They
have
an
existing
detached
garage
at
the
rear
of
the
property
and
then
they're
proposing
the
second
detached
garage
closer
to
the
house.
B
B
A
A
B
Number
ten
is
a
request
to
subdivide
an
existing
property
as
well
as
an
adjoining
alley.
Right-Of-Way
or
its
former
Ally
right-of-way
to
the
north
of
this
map
here
shows
the
entire
right-of-way
just
note
that
they're
only
able
to
acquire
the
South
half
of
that
alley
right
of
way.
Even
though
the
map
shows
the
entire
ally
right-of-way
in
order
to
subdivide
it
for
three
Lots,
they
would
need
this
area
to
the
north
of
the
house
like
where
the
garage
is
and
where
this
is.
C
C
D
B
Staff
has
recommended
approval
of
this
subject
to
a
number
of
conditions.
You've
seen
the
same
developing
development
come
few
months
ago
when
they
were
wanting
to
these
homes
on
East
Livingston.
So
this
is
kind
of
the
same
general
concept
that
the
Board
considered
then,
so
we
have
recommended
these
conditions.
One
is
that
they,
any
dwelling
constructed,
shall
have
a
design
and
building
materials
that
are
compatible
with
the
right.
A
A
E
C
A
That
correct,
yes,
I,
think
that
maybe
I
kind
of
encouraged
you
before
a
separate
item,
you're
going
to
be
in
front
of
us
to
be
asking
for
exceptions
on
distances
and
setbacks.
I'd
like
to
see
a
drawing.
It
doesn't
have
to
be
a
surveyed
engineer,
drawing
but
something
generally
to
scale.
So
we
can
help
understand
this,
because
the
what
you're
asking
for
is
my
understanding
is
that
some
of
these
houses
will
be
only
three
and
a
half
foot
from
the
property
line
of
the
next
parcel.
Is
that
correct.
A
F
Are
two
other
houses
at
plus
and
then
this
one
my
concerns
are
traffic
and
parking
since
they
enlarge
the
youth
emergency
services.
Center
parking
is
a
problem.
Now
the
employees
didn't
get
enough
parking
when
they
granted
that
change
and
so
they're
parking
in
the
park,
but
they're
also
parking
up
and
down
our
streets.
Sewer
and
infrastructure
is
a
problem.
We've
had
sewage
backup
in
the
duplexes
right
to
the
north
of
where
we're
talking
about
so
I'm
concerned
about
there
being
enough
there
to
take
care
of
that
problem.
F
F
The
building
materials
is
a
concern.
The
city
is
City
Council
just
heard
it
has
a
second
hearing
on
changing
building
materials
and
size
of
buildings.
I'm
sure
you
guys
are
aware
of
that.
The
slope
of
the
roofs
don't
meet
that
that
requirement,
but
that's
not
for
me
to
be
concerned
about
basements
are
not
a
lot.
Basements
are
not
in
that
neighborhood,
because
this
is
considered
southeast
bottoms.
That
means
the
river
ran
through
it
for
years
and
years
and
years
and
deposited
sand
sandy
soil.
F
You
start
digging
you're
going
to
hit
water,
except
in
August
the
baseball
park,
just
north
of
the
youth
emergency
shelter.
They
built
10
homes,
Humana
homes
for
him,
and
he
did
that.
I
told
him
that
when
they
are
first
proposing
this
don't
dig
basements
you'll
have
a
problem.
They
dug
them.
They
filled
up
with
water,
the
basements
when
they
went
to
hook
up
to
the
sewer
line
they
pumped
for
weeks
great
big,
massive
pumps
out
there
pumping
a
river
down
the
street
because
of
the
water
in
that
soil.
F
F
F
The
only
thing
that's
going
to
save
us
is
that
alley
is
going
to
be
split
into
two
and
we've
agreed
to
purchase
our
half
our
side
of
the
alley,
which
might
give
us
a
little
buffer
there.
On
the
other
side,
we
own
duplexes
on
the
other
side
of
the
big
white
house,
and
that's
that's
tight.
There
too,
Gary.
A
F
D
F
F
Talk
to
youth
emergency
shelter
when
they
first
before
they
even
redeveloped
the
thing
and
they
agreed
to
have
their
staff,
not
Park,
on
South
East
10th,
because
between
their
parking
and
the
buses
and
the
police
cars
it
was,
it
was
a
nightmare.
They've
kept
that
to
a
minimum,
but
now
they
park
up
and
down
Vail
and
they
will
park
on
railroad,
which
is
a
problem
because
we
only
have
single
drives.
Everybody
has
two
cars
these
days.
F
If
you
approve
that,
so
that's
another
concern,
I
think
you
would
have
is
that
the
driveway
needs
to
accommodate
two
cars
per
unit.
I.
Think
a
better
plan
would
be
just
build.
One
house
there
if
you're
gonna,
if
you're
gonna,
approve
something
instead
of
two
but
there's
more
room
for
four
parking
and
garages
and
so
on,
and
so
forth
and
basements
are
a
problem
too.
So
those
are
just
my
thoughts
on
the
subject
and
I'm
just
concerned
about
overcrowding
in
that
area.
Okay,.
C
F
Did
not
build
them,
I
bought
them
in
a
very
depressed
condition.
Many
25
years
ago
the
person
that
built
them
was
a
an
attorney
who
who
walked
the
blocks
and
bought
up
old
houses
that
were
public
nuisance
houses,
replanted
the
thing
and
built
the
duplexes
there.
He
couldn't
manage
them
when
I
bought
them.
They're
bullet
holes
through
the
walls
or
cars
out
on
the
lawns,
jacked
up
and
hoods,
laying
on
the
grass
and
broken
beer
bottles
everywhere
and
etc,
etc.
F
D
A
Right,
thank
you
for
your
comments.
Gary
anybody
else
here
to
speak
in
opposition.
Okay,
seeing
none
do
we
have
any
further
questions
for
staff,
okay,
so
Ross
Michael!
If
you
guys
want
to
bring
this
around,
you
can
have
a
rebuttal
of
up
to
three
minutes.
Since
there
was
some
opposition
to
your
proposal.
E
Parking
and
density
we
will,
there
will
be
a
two-car
garage
behind
both
both
units,
so
we
think
that'll
solve
a
lot
of
the
parking
problem
with
having
two
vehicles
that
can
go
behind
and
in
the
garage.
So
you
don't
even
see
the
vehicles
we
went
with
the
two-story
because
there
is
an
old
craftsman.
As
you
can
see,
these
pictures
a
big
Foursquare,
it's
two
stories,
so
we
felt
that
to
keep
that
character
in
that
scale.
E
Moving
to
the
north
was
important
for
us.
This
neighborhood
is
a
kind
of
a
collage
of
two
stories
in
bungalows,
so
it's
half
time
it
does
another
to
go
either
to
story
or
one
story
there
and
then,
as
far
as
basements,
we'll
have
to
determine
whether
we
put
faces
there
that
or
not.
We
probably
won't
end
up
putting
basements
after
those
comments,
but
we'll
work
with
the
city
on
that.
So
any
questions.
A
C
H
A
Okay,
so
we've
got
a
motion
in
a
second
all.
Those
in
favor
raise
your
right
hand,
say
hi,
I
suppose,
just
one
like
having
side
yards,
but
it's
gonna
pass
motion
carries
five
to
one
to
grant
the
request,
exception,
subject
to
staff
recommendation
and
the
changes
they're
on
on
item
six
and
you
removed.
What
didn't
you
remove?
One,
let's
see
and
the.
B
A
J
J
So
they
put
a
new
driveway
here
and
if
you
look
at
the
photo
they
did
not
provide
the
approach
clear
to
the
edge
of
the
curb,
so
here's
the
sidewalk
and
they
so
they
flared
out
so
what's
happening.
Is
vehicles
are
hopping
the
curb
there,
so
they
wouldn't.
Even
if
the
board
grants
this,
they
did
not
appeal
the
amount
of
paving
in
the
front
yard
area.
They
essentially
have
a
driveway
that
circles
around
back
behind
the
house.
J
We
do
want
want
to
make
sure
that
there
isn't
any
use
of
it
as
an
accessory
dwelling
unit
at
this
point
until
such
time
as
maybe
the
ordinance
would
allow
that
in
the
future,
or
they
would
come
back
with
other
relief
same
with
regard
to
a
home,
business
or
commercial
business
for
the
property,
we
would
want
them
to
then
to
move.
Remove
forty
eight
point,
seven
square
feet
of
pavement
from
the
front
yard
area
and
restore
that
to
a
turf
condition.
J
I
guess
I
would
allow
them
to
have
the
option
of
where
they
wanted
to
make
that
work
for
them.
I
think
they
they
could
probably
narrow,
both
driveways
to
eight
feet
and
possibly
keep
it
as
a
kind
of
a
horseshoe
circulation.
That
would
be
some.
They
need
to
look
at
or
come
back
with
a
separate
request
or
appeal,
and
then
we
do
what
we're.
If
they
do,
remove
an
approach
they
would.
We
would
want
them
to
restore
this
area
within
the
right
away
back
to
a
turf
condition.
I
guess.
J
The
other
thing
is:
if
both
approaches
remain,
they're
gonna
need
to
get
a
proper
approach,
permit
that
would
be
inspected
with
the
proper
thickness
and
the
proper
construction
at
the
curb
where
they
drop
the
curb
and
blew
the
street.
So
that
would
be
something
that
we
will
have
to
work
on
them
with
them
individually,
one
way
or
the
other,
whether
it's
removed
completely
or
whether
it's
granted,
and
they
have
to
do
it
in
the
proper
manner.
J
So,
generally,
six
conditions
are
what's
recommended.
At
this
point
we
are
recommending
in
favor.
We
believe
that
they
can
provide
materials
and
exterior
materials
that
will
be
compatible
with
their
building
day
has
really
showed
the
full
material
going
on
there
they're,
showing
some
vinyl
siding.
We
just
want
to
make
sure
it's
of
a
lap
style
that
would
be
compatible
with
the
house.
I,
don't
think
that's
going
to
be
a
challenge
for
them
to
comply
with
that
conditions.
Are
there
any
questions?
I'll
show
you
the
consent,
sure.
A
J
A
J
J
K
A
E
A
That
that
minimal
amount
of
paving
be
removed.
You
can
keep
your
driveway
going
all
the
way
around,
but
you're
going
to
have
to
make
that
approach
a
little
nicer
out
to
the
street
work
with
city
staff
on
that
and
you
may
have
to
take
away
just
a
little
concrete
off
of
the
one
side
of
the
driveway
and
put
some
grass
back,
but
you've
got
most
of
what
you
wanted
today.
A
J
A
J
A
J
J
They
generally
don't
build
garages
on
their
properties,
but
they
are
still
required
to
provide
the
one
parking
space
outside
of
the
front
yard,
so
they
paved
the
driveway
to
the
east
of
the
build
of
the
house
which
exists
the
applicant
or
the
appellant
wants
to
retain
the
use
of
that
and
then
subsequently
they
went
through
the
process
of
getting
the
alley
vacated.
The
city
council
recommended
selling
her
the
adjoining
entire
width
of
the
adjoining
alley
here.
J
J
They've
they've
got
a
permit
for
it,
which,
again
even
before
they
own
the
alley
they
were
able
to
get
a
permit
to
build
in
their
rear
yard,
with
access,
often
at
existing
alley,
so
they're
building
a
garage
back
in
this
area.
In
addition,
they're
also
wanting
to
extend
their
front
porch
into
the
front
yard.
J
D
J
Staff
looked
at
this,
the
the
paving
allowance
to
keep
the
east
driveway
as
a
second
kind
of
pad
for
parking
or
whatever
does
cause
a
variance
condition.
I,
don't
think
we
were
able
to
determine
that
they
demonstrated
that
there
was
an
unnecessary
hardship
to
be
able
to
say
we
could
approve
that
there's,
certainly
characteristics
of
the
site
that
are
unusual
in
terms
of
the
proximity
of
the
house
to
the
street,
the
average
setbacks
of
existing
structures
to
just
practical
difficulty
for
an
exception,
so
we're
in
support
of
anything
that
could
be
able.
A
J
K
J
D
J
A
J
J
A
Yeah
I'm
sure
I
guess
just
more
just
curious
if
you
knew
some
of
that,
okay,
all
right
anything
else
for
Eric
all
right.
Thank
you,
sir
okay
applicants.
Your
turn
welcome
come
on
up
and
again
we
just
need
your
name
and
address.
We
have
up
to
ten
minutes
to
present
your
reason
for
your
appeal:
okay,.
K
My
name
Diccon
Madhavi
I,
live
in
1013,
Scott,
Avenue,
yeah,
okay,
so
I
actually
request
for
two
different
things.
Now,
the
first
one.
Actually
both
of
them
is
most
important
for
my
family,
not
just
for
me
I
work
for
my
family.
Well,
the
first
things
I
would
like
have
permanent
from
twenty-foot
the
other
side.
That's
additional
driveway
and
that's
only
way
I
can
do
access
to
Paul
Tedder
garage
in
my
backyard.
I
would
like
have
a
20
foot
permit.
K
K
A
Then
I
have
this
other
bump
out
yes
right
and
will
will
that
additional
bump
out
this
be
also
covered.
Yes,
sure,
okay,
you'll
be
open
on
the
sides
but
covered
on
the
time.
Yes
right,
all
right,
I
got
you,
okay
and
just
real
quick
Erik
that
that's
your
understanding
that
she'd
want
to
enclose
the
existing
porch
and
then
yes,.
D
A
K
Is
nice
something,
but
the
other
one
sent
the
first
time
I
asked
to
do
my
City
Council
to
have
me
this
wide
and
holy
alia,
dull,
light
to
kind
of
help
me
to
get
access
to
put
a
garage
in
my
backyard,
and
you
know
how
many
cars
I
have
in
my
house
like
over
six
vehicles.
That's
only
way
can
hold
me
too
and
stop
probably
my
husband
on
the
way
I.
Can
my
son
got
it?
You
know
other
way
to
get
access
to
the
garage.
I.
K
A
D
K
A
A
L
L
L
B
L
L
It
isn't:
okay,
yeah
yeah
I
was
more
worried
about
children
running
up
and
down.
We
have
a
lot
of
little
families,
that's
three
to
five
and
a
couple
of
newborns
and
they're
all
running
around
in
there
and
I
was
more
concerned
of
maybe
cars
going
through
not
seeing
the
little
ones
and
for
that
to
be
a
hole,
alleys
that
cars
can
go
through.
It.
L
A
J
J
D
J
J
D
J
A
C
What
I
I
mean
I'll
talk
since
I
already
started:
I
think
staff
did
a
good
job
of
trying
to
work
with
her
I
understand
the
situation,
but
I
don't
think
she's
met
the
variance
test.
So
if
we
could
figure
out
a
way
to
do
this
exception,
I
think
really,
if
they're
able
to
flare
out
seven
and
a
half
feet
into
the
driveway
to
twenty
feet,
they'll
be
able
to
park
and
get
by
each
other.
I
A
A
B
At
zone
are
160,
but
it
has
an
existing
four
unit,
multi-family
residential
development
on
it,
and
so
since
it's
zoned
a
single-family,
the
multifamily
use
is
considered
not
conforming
and
they're,
wanting
to
expand
it
by
adding
a
second
accessory
structure
in
the
rear
yard
area.
So
the
subject
property
is
located
in
the
woodland
Heights
neighborhood,
where
the
Heights
organization
neighborhood
just
to
the
north
of
ingre
Avenue,
it's
kind
of
behind
the
voc
vision
clinic,
here's
a
sketch
that
they
provided.
You
can
see
the
driveway
off
24.
It
was
I,
build.
M
A
N
A
A
A
I
I
I
guess
I
think
it's
unnecessary
to
force
him
to
baby's
driveway.
If
all
he
wants
to
do
is
keep
that
building
and
we
let
him
put
it
on
a
pad.
That's
acceptable,
based
on
the
zoning
requirement.
It's
not
put
a
bunch
of
undue
pressure
on
the
guy
I
don't
see.
This
is
it
for
me
personally,
is
let's
trade,
something
out
here
for
something
right,
yeah,
just
my
thoughts.
Okay,.
A
A
Staff
is
denying
the
building
pure
okay,
yeah
staff
is
denying
the
building.
That's
the
staff
recommendation
just
nope.
If
it's
temporary
then
can
no
longer
be
temporary,
it's
just
got
to
go
okay,
okay,
so
we
got
a
motion
in
a
second
to
deny
the
requested
variance
to
allow
that
expansion.
All
those
in
favor
raise
your
right
hand
say
aye.
Thank
one
two,
three,
four,
all
those
opposed
it's
okay,
so
that
motion
carries
so,
unfortunately,
Kirk
in
this
case,
you're
gonna
have
to
find
somebody
who
wants
to
buy
your
nice
little
building.
A
So
if
you
want
to
look
at
rezoning
some
day
to
get
back
to
our
160,
you
could
maybe
look
at
that
some
day
so
or
the
subject.
Property
is
in
our
160.
If
you
want
to
convert
back
to
that,
they
probably
like
that
someday.
Okay,
that'll
move
us
then
to
item
15,
a
variance
request
at
5150,
East,
14th,
Street,.
J
Mr.
chair
members
of
the
board,
this
property
is
a
the
Casey's
I
think
it
was
built
as
a
shortstop,
Phillips
66,
but
then
was
acquired
by
Casey's
subsequent
to
the
annexation
of
this
into
the
city,
and
the
construction
occurred
right
around
the
time
of
the
annexation.
It's
the
furthest
north
point
of
the
city,
just
if
you're
into
trivia,
so
everything
to
the
west
and
north
and
east
is
it's
in
unincorporated
areas
of
the
county.
J
In
this
case
they
are
up
against
a
Iowa
d-o-t
project
of
the
joining
highway
69,
where
they're
being
asked
by
the
state
to
move
an
existing
sign
out
of
the
right
away.
If
you're
looking
from
the
north
side
of
the
site,
this
is
the
sign
that's
located
at
the
southeast
corner
of
the
site.
It
may
not
be
very
visible
from
the
areal
with
the
hatching
over
it,
but
it's
it's
down
in
this
location.
J
The
state
is
asking
them
to
relocate
it
out
of
that
they're
proposing
to
place
it
at
more
at
the
north
edge
of
their
site
north
of
their
North
driveway.
So
again,
when
you're
looking
at
the
property
they're
looking
to
place
it
in
this
location,
so
they're
essentially
just
asking
to
relocate
this
same
sign
and
you
can
see
the
footing
there
a
little
more
clear
how
it's
attached
to
the
ground
there's
multiple
elements
to
it.
The
way
it's
calculated
is
actually
a
rectangle
of
this
entire
face
there.
J
J
Now
Montana
Mike's
came
with
another
alternative
where
they
were
taking
their
existing
sign
and
fixing
it
to
a
monument
base,
so
they
they
were
also
asking
if
they
couldn't
get
their
sign
to
be
a
pole
sign
they
wanted
to
have
a
wider,
a
wider
dimension,
a
smaller
base
over
the
height
for
a
monument
sign
that
close
to
the
right
away.
So
it's
a
little
different
than
that
requesting
that
there
isn't
really
an
alternative
proposed.
Certainly
Casey's
has
done
monument
signs
in
other
locations
of
the
city
outside
the
city.
One
example
would
be.
The
case.
J
Is
located
at
Indianola,
Avenue
and
East
Army
Post
Road
has
a
monument
sign
at
that
location.
So
it's
not
that
Casey's
doesn't
do
monument
signs.
They
do.
I
think
this
is
just
a
matter
of
being
able
to
simply
remove
move
the
sign
on
the
site
without
a
lot
of
expense
of,
although
it
because
it's
taking
a
variance
to
do
that,
staff
can't
support
the
variance
because
we
don't
believe
they're
meeting
that
test
for
unnecessary
hardship,
so
we're
recommending
denial
of
it.
In
this
instance,
I
think
there
might
be
some
different.
J
Elements
to
their
situation
versus
other
locations
of
their
stores,
in
that
it's
it
is
in
close
proximity
of
the
highway.
So
you're
probably
gonna
hear
that
they
need
more
exposure
with
a
little
bit
taller
sign.
They
can
certainly
go
up
to
15
feet
with
a
monument
sign.
They
would
have
to
pull
it
back
a
little
ways.
So,
if
you're
looking
at
their
sign
here
to
the
north
of
the
driveway,
they
could
keep
as
long
as
they
were
keeping
it
back
25
feet.
J
J
They
may
be
able
to
remove
some
of
the
foliage
or
relocate
some
of
the
foliage
to
make
that
more
visible,
so
I
think
there's
alternatives
available
to
them
to
meet
the
intent
of
the
city's
ordinance.
This
represents
the
response
cards
that
I
passed
around.
We
did
that
there
was
the
one
in
opposition
to
the
West.
D
N
Name
is
James
Colonna
one
South
East
convenience,
Boulevard,
Ankeny
Iowa,
representing
KC's.
The
reason
why
I'm
here
I
don't
necessarily
disagree
with
anything
he
said.
But
what
I'd
like
to
stress
is
that
KC's
is
caught
in
the
middle
here.
We
don't
want
to
move
the
sign,
we'd
love
to
keep
it
right
where
it
is
state's
coming
through
they're
expanding
the
road.
It's
not
that
they're
asking
KC's
to
move
the
sign,
they're
telling
us
signs
got
to
go.
N
All
we
want
to
do
is
take
the
sign
and
move
it
someplace
else,
and
we
didn't
ask
for
the
ordinance
we
passed.
The
sign
was
put
up
before
the
ordinance
was
there.
We
didn't
ask
for
the
state
to
come
through
and
change
the
road
they're,
not
improving
our
access
in
any
way
and
at
the
end
of
the
day,
if
we
can't
get
a
variance,
we're
gonna
end
up
with
a
worse
sign
which
is
gonna
put
us
at
a
competitive
disadvantage.
N
N
A
N
You
can.
You
can
talk
to
us
later
about
that
and,
and
so
far
I
said,
I'm
not
agreeing
to
anything
until
we
figure
out
what
we're
gonna
do
if
the
sign,
because
if
we're
gonna
lose
the
sign,
you're
gonna
have
to
pay
us
for
the
sign
and
they
said
well.
Why
don't
you
go
and
ask
for
a
variance
and
then
we'll
see?
It's
not.
You
know,
obviously,
if
we
lose
the
sign,
we're
gonna
fight
with
them
over
compensation,
but
our
issue
isn't
so
much
the
cost
as
much
as
you
know,
it's
a
nice
sign.
N
It
lets
people
know
what
the
price
of
gas
is.
People
like
to
see
the
price
of
gas
mining
signs
we
do
put
them
in,
but
given
a
choice
between
a
pole
sign
in
the
mine
one
time,
any
gas
station
anywhere
in
the
world
is
gonna,
put
up
a
pole
sign
because
your
customers
can
see
it
better
and
it
is
an
advantage
to
have
that
kind
of
sign.
A
O
The
chair
members,
the
board
Sam
Donovan
zoning
enforcement
officer
for
the
City
of
Des,
Moines
I,
understand
Casey's
is
caught,
but
a
lot
of
people
have
been
caught
by
our
sign
ordinance
and
if
the
sign
is
removed.
For
any
reason,
the
ordinance
says
it
has
to
be
a
monument
sign.
So
we
have
been
consistent
across
the
board
with
adhering
to
this
ordinance
and
the
reason
for
the
ordinance
is
to
decrease
clutter.
We
made
a
neighbor
up
here.
O
Do
the
same
thing
for
the
same
reason:
I,
believe
consistency
is
a
good
thing
and
we
should
have
them
put
up
a
monument
sign.
Unfortunately,
they
got
caught
and
everybody
else
does
by
this
ordinance.
Also
so
I
believe
they
don't
meet
the
test
for
the
variance
and
then
they
should
put
up
a
monument
sign.
Yeah.
A
D
N
The
extent
it
helps
I
just
like
to
point
out
that
this
is
kind
of
surrounded
by
area,
that's
outside
of
the
City
of
Des
Moines,
so
you're
not
really
cluttering
up
the
city.
You
know
we're
kind
of
like
we're
at
the
very
edge.
If
we
were
on
another
property,
we
wouldn't
be
covered
by
the
ordinance.
Thank
you.
Okay,
all
right.
Okay,.
H
H
A
A
I've
seen
some
folks
that
just
decide
we're
rebranding
and
they
do
new
signs
and
they
do
new
sign
faces,
they
change,
logos
or
colors
and
they
put
up
new
signs.
But,
yes,
we
have
been
consistent
in
the
past.
Getting
go,
wanted
to
retain
a
damaged
sign
on
Merle
hay
road,
but
we're
trying
to
take
our
major
corridors
and
not
just
the
major
corridors
but
city
wide
and
reduce
that
signage
clutter
and
still
give
people
what
they
need
to
understand.
A
It
may
not
be
this
boards
doing,
but
you
know
if
there's
a
change
to
the
property,
whether
it's
a
damaged
sign,
eminent
domain,
buying,
right-of-way
or
even
an
owner
just
wanting
to
expand
a
business.
We
have
plenty
of
room
on
this
property
to
look
at
incorporating
a
monument
sign.
Landscaping
could
certainly
be
trimmed
or
modified
and
I.
Think
Casey's
has
such
a
great
reputation
if
I'm
pulling
off
on
that
exit.
I'm
going
there,
so
III
would
agree
with
Lynne.
In
this
case,
I'd
recommend
denial
that
request
appeal.
If
you
did
not
already,
did
you
okay,.
A
We've
got
a
pretty
strong
variance
test
here
and
I
can't
just
be
an
economic
hardship.
We've
got
to
meet
the
spirit
of
the
Antonio
ordinance
and
the
intent
of
the
character
in
the
area,
all
right
I'm.
Second,
in
that,
so
we
got
a
motion
a
second
to
deny
the
requested
appeals.
All
those
in
favor
raise
your
right
hands,
say:
aye.
A
J
Mr.
chair
members
of
the
board,
the
property
at
49,
13
38th
place
in
the
lower
ever
neighborhood
area
right
at
the
southeast
corner
of
brink,
wood
and
38th
place,
the
house
faces
38,
so
I
believe
that's
why
it's
addressed
off
of
38.
However,
what
we
consider
as
the
front
yard
area
is
on
the
brink
Woodside,
because
the
narrow
dimension
of
a
lot
is
oriented
toward
brink
would
on
a
corner
lot.
Of
course
we
have
two
front
yards,
but
so
in
that
sense
it
really
isn't
too
relevant.
J
J
J
If
this
had
been
on
the,
though
kind
of,
if
this
had
been
the
narrower
side,
they
would
have
actually
been
okay
because
they
would
have
been
more
than
50
feet
back
from
38th
place
where
there.
So
there
is
on
that
provision
on
corner
Lots,
where
fences
can
go
into
the
other
side,
and
this
is
the
site
of
their
house,
but
it's
actually
doesn't
get
covered
under
that
provision.
So
you
know
the
staff
staff
is
empathetic
to
that.
We
are
also
empathetic
to
preserving
these
few
sheds
for
the
neighboring
property
owners.
J
Now,
when
you
look
at
this
property,
I
think
this
is
probably
the
most
important
at
this
point.
You
know
there's
already
some
landscaping,
that's
kind
of
very
opaque
within
there.
The
neighbor
also
has
landscaping,
that's
opaque
in
it
in
nature,
I
mean
evergreen
trees,
don't
last
forever,
but
they'd
stick
around
for
a
long
time.
This
probably
is
the
best
photo
to
show.
What's
already
there,
it's
flush
with
the
house,
so
it
would
come
out.
I,
don't
know
if
you
put
the
flags
there
and
kind
of
show
where
that,
where
that
would
project
to.
J
J
There
may
be
some
options
to
bring
up
the
level
of
the
grade
there
to
to
achieve
their
intent
as
well.
I
know
they
have
to
be
careful
about
putting
you
know
it's
drainage
or
anything
on
their
neighbor,
but
I
think
there's
some
ways
to
get
that
to
to
meet
their
intent
and
still
fall
within
the
exception
criteria.
So
staff
is
recommending
approval
of
the
exception.
J
I
I
J
A
J
A
P
Prob
John
Fleming,
491,
338,
place
yeah
I.
Think
I
can
add
some
context
here.
If
you
don't
mind,
although
may
be
hard
to
see,
I
suffer
from
MS
and
so
moving
around
this
property
is
a
big
deal
for
me
and
trying
to
make
sure
I
try
to
help
and
support
my
wife
when
she
does
these
things
in
water
is
a
big
deal
here.
What's
not
shown
here
and
I've
got
some
pictures.
J
P
I
want
to
start
here,
if
you
don't
mind
so
when
we
get
to
showing
some
of
the
grading,
what
ends
up
happening
is
water
flows
down
this
direction
and
it
flows
this
direction
and
so
our
little
backyard
that
sits
back
there
because
of
that
fence
in
the
house
we
become
an
l-shape
and
we
sit.
You
saw
the
wall
bump.
P
There
were
17
inches
below
our
neighbor
to
the
east,
and
so
everything
comes
down
so,
whether
it's
heavy
rain
from
last
june
or
sort
of
a
big
shower
that
came
through
in
May
I,
also
again,
this
June
or
just
a
soaking.
It
ends
up
hitting
back
into
that
backyard
and
then
ultimately
becomes
an
issue
where
it
becomes
stagnant.
P
For
me,
the
reason
the
MS
becomes
an
issue
is
that
fence
I'd
like
to
put
on
a
gate,
so
they
don't
have
to
walk
all
the
way
around
to
the
south
side
and
then
back
to
the
other
side.
Once
my
stamina
goes,
it
becomes
a
quite
interesting
thing
to
watch
me
walk
my
wife
likes
it,
because
she
anyway
I
not
say
that
too
much
so
anyway,
the
this
became
one
of
these
little
flight
of
ideas.
I
want
to
open
a
gate.
P
I
want
to
put
this
out
a
little
bit,
because
if
we
do
have
more
rain
coming
in,
we've
already
replaced
everything
in
the
basement
already
with
the
water
from
last
June.
You
can
tell
that
there's
something
different
about
the
way
that
the
cooling
and
things
work
in
that
house
and
I'm
just
trying
to
get
as
much
of
the
water
off
of
there
as
we
can
over
on
speaking
of
water.
Over
on
this
side,
we've
got
a
bid
from
Miller
nursery
to
go
in
and
actually
rock
out
and
put
in
a
rock
garden.
P
If
I
look
up
brink
would
and
I'm
looking
back
towards
my
neighbor's,
this
is
the
slope:
that's
going
I'm
actually
standing
in
the
street
here.
So
that's
looking
to
the
east
looking
to
the
wet
our
South
down
38.
This
is
the
slope
that
we
end
up
getting
from
that
side
and
so
that
it
just
all
sort
of
funnels
back
down
into
the
side
and
for
fairness,
my
property
I
didn't
necessarily
do
the
best.
P
P
D
P
P
After
your
folks
in
the
city
recommended
I
do
that
which,
by
the
way,
I've
really
enjoyed
working
with
them,
the
city
itself,
explaining
the
ordinance
explaining
what's
going
on
explaining
a
line,
they
want
to
end
things,
but
with
regards
to
the
water,
you
have
got
two
areas
circled
here:
one
from
their
upper
roof
comes
in
and
then
flows
in
to
their
lower
roof.
Lower
roof
comes
down
and
points
right
at
our
backyard.
Now
we
could
move
it,
but
it's
still.
It's
have
some
seepage
that
would
come
over
there
in
the
front
yard.
P
They
mentioned
the
hump
and
again
I
have
this
electronically.
If
you
want,
but
that's
actually
a
17
inch
drop,
that's
their
the
drops
not
as
much
when
we
get
to
the
far
end
the
far
south
end
of
our
property,
but
it
still
is
higher
and
you
start
to
get
that
to
roll
through
them.
A
couple
more
things:
if
you
don't
mind
here,
if
we
did
the
six-foot
fence.
P
The
line
in
blue
is
carrying
that
same
six-foot
fence
straight
out
and
then
straight
down.
That's
what
the
impediment
would
look
like
if
you're
walking
on
the
sidewalk,
that's
in
front
of
our
house
on
38
I,
wanted
to
give
you
an
idea
of
what
I
think
this
is
a
concern
that
the
city
may
have
is
that
if
you're
looking
down
there,
what
can
I
see
what
can't
I
see
for
about
two
or
three
feet?
P
You
can
see
you'd
be
able
to
see
that
fence
and
so
I
understand
the
concern
everybody
might
have
where
the
fence
sort
of
ends
a
reason.
I'm
going
to
put
this
up
if
you're
standing
right
in
front
of
it,
you
really
couldn't
see
this
I
mean
this
is
looking
straight
down
the
line
and
because
of
these
great
big,
huge
pine
trees
that
you
mentioned
before
it
does
become
a
little
bit
of
a
an
area
where
people
can't
see
what's
going
on
here
and
then
one
last
thing
I
want
use
your
photo.
P
If
you
don't
mind
so
the
flags
that
were
there,
some
of
my
neighbors
had
some
trouble
understanding
exactly
where
my
front
yard
was
which
they
weren't
alone
I
had
the
same
concern
so
put
some
flags
out
here.
Just
sorry,
eyelining,
weird
that
15
foot
marker
was
plus
the
sign
and
the
board
out
there
explaining
to
them
what
they
were
seeing
and
when
what
those
requests
was
and.
D
P
Wanted
to
put
this
out
here
at
15
foot,
there's
nothing
magical
about
that.
I
wanted
to
have
a
gate
that
came
out
beyond
the
landscaping,
which
is
about
three
and
a
half
four
feet
and
I
wanted
to
make
sure
that
the
water
passed
out
away
from
the
foundation
enough
of
a
fashion
that
if
we
can't
get
this
taken
care
of
maybe
there's
other
ways
that
hey
instead
of
15
feet,
maybe
10
or
11
feet
something
like
that
where
I
could
get
a
gate
out
to
that
side.
P
The
reason
I
chose
six-foot
is
that
property
lines
about
80
feet
and
it's
all
six
foot
property
I,
like
the
idea
of
the
taper
I,
think
that
that
makes
some
sense,
but
I
think
it
also
when
you're
standing
on
our
back
deck
and
you
look
over
and
all
of
a
sudden,
you
see
that
change
in
height.
It
might
look
a
little
bit
different.
It
just
could
potentially
look
a
little
bit
odd
if
you're
going
to
sell
the
home,
the
three
foot
decide
if
you
come
down
to
this
side.
P
The
other
thing
that
maybe
isn't
readily
apparent
is
the
ground
does
continue
to
sloped
down
this
direction,
and
so
what
I
mean
by
that
is
away
from
the
house
and
and
towards
us.
So
a
six
foot
high
fence.
That's
there
really
starts
to
drop
down
a
little
bit.
I
mean
it's,
it's
probably
not
as
protrusion
what
you
might
have
in
some
other
areas,
yeah
I'd
be
open.
I
was
I
like
to
see
I
like
to
where
the
city
said:
hey,
you
can
go
up
to
four
and
a
half
I
could
see.
P
Maybe
going
up
to
maybe
five
foot
just
to
maintain
some
of
that
privacy,
because
we
still
will
have
it
drop
down
a
little
bit.
I'd
be
open
to
that
I'd
be
open
to.
It
was
sort
of
refiguring
that
shape
to
make
it
work
with
whatever
easements
we
may
end
up
having
to
get
through,
but
you
know,
I'd
again
be
have
communicated
to
John
Laura.
That
I
know
that
fences
you
can
put
up
in
the
past.
P
They
have
had
to
have
access
to
the
side
of
the
house,
so
they've
had
their
maintenance,
guys
drive
up
this
art
grass,
which
they
did
during
one
of
the
wet
periods
which
threw
me
for
a
loop,
but
they
need
to
get
to
it,
so
they
drove
up
there.
So
I
told
him.
I
said
if
I
build
something
here,
we'll
build
it
in
a
way
that
it
can
come
down.
We
can
do
this
now,
where
the
anchors
are
attached
to
the
concrete.
The
posts
are
attached
to
the
anchors.
P
The
boards
go
up
and
then,
if
we
had
to,
if
you
had
to
get
in
we'll,
take
everything
down
done
what
you
need
to
be
done
and
then
move
back
and
I'll
be
glad
to
work
with
the
city
if
they
feel
like
that's
appropriate
to
get.
This
done
so
be
more
than
happy
to
answer
any
questions.
Anybody
has
at
this
point,
but
just
leave
it
that
questions.
H
To
thank
you
for
taking
the
Seas
advice
and
looking
to
the
neighbors.
That
was
an
impressive
amount
of
neighbors
in
support
of
you,
and
it
does
make
a
big
difference,
especially
to
me
very
well-thought-out
arguments,
and
rather
than
just
saying
I
want.
You
gave
some
very
good
explanations:
Thank
You.
A
P
P
D
P
Comes
this
direction
and
because
of
the
way
that
that
is
structured
in
the
whole
fencing
unit
that
was
there
before
you
do
get
the
water
that
comes
in
and
ends
up
hitting
them
and
believe
it
or
not
backing
up
into
that
area
and
I'd
like
to
give
it
more
space
that
if
it
happened
again,
we
could
do
it.
This
is
part
one.
K
P
Is
the
current
structure
that
we
have
set
up
eventually,
phase
2?
If
you
will,
the
fence
gets
move
or
doesn't
get
moved
whatever
the
case
is
this
will
end
up
being
a
planter
box,
so
as
any
water
that
comes
in
will
have
a
foot
and
a
half
two
feet
worth
of
a
planter
box
in
there
and
at
the
bottom
of
that
planter
box,
we
will
have
some
tubing,
so
any
water
that
comes
in
it'll
be
the
French
drain
and
take
it
away
yeah.
P
A
P
P
I
could
put
a
gate
on
that
fence
right
now.
Having
that
really
long
front,
I
sort
of
like
to
have
that
when
we
walked
by
the
side
I,
don't
didn't
necessarily
want
to
put
a
gate
there.
I'd
rather
have
it,
have
an
opening
towards
our
front
yard
as
opposed
to
what
I
consider
our
front
and
set
aside
here.
That's
just
an
aesthetic
item.
Yeah
we
could.
We
could
do
that.
I
think
there's
other
remedies
that
we
could
possibly
do,
but
this
was
one
of
these
things.
P
I
A
D
H
A
H
I
would
like
to
see
us
allow
him
to
go
up
to
6
feet.
Tall
he's
mentioned
that
there's
some
ideas
brought
up
today
that
he
has
thought
about
before
about
maybe
going
four
and
a
half
feet
or
grading
it
with
the
trees
that
the
neighbors
have
planted
on
think
going
out.
The
extra
six
feet
is
gonna
cause
a
problem
with
sight
lines
in
the
neighborhood
Allison
I
was
proud
with
driving.
H
H
H
D
I
G
The
idea
that
by
bumping
it
out
to
give
him
the
access
through
the
front
which
he
considers
this
front
yard,
I
consider
his
front
yard.
Even
the
post
office
considers
this
front
air
cuz,
that's
the
address,
so
it
would,
it
would
better
match.
You
know
it
maybe
be
a
little
better
security
wise.
But
you
know,
as
far
as
the
fence
stopping
water
yeah-
that's
probably
not
gonna
stop
water,
but
it
could
help.
I
mean
he's
right
at
the
bottom
of
the
hill
where
he's
been
slammed
and
that
June
rain.
G
If
you
lived
in
this
area
or
in
my
area,
you
got
slammed
and
if
you
were
in
a
little
bit
of
a
downward
spike
there
and
the
difference
is
17
feet,
so
it
if
we're
saying
he
can
have
four
and
a
half
feet
if
he
had
17
inches
to
that
it
comes
to
71
feet,
which
is
one
is
less
than
72
feet
and
he's
saying
he
would
even
go
with
five
feet.
So
I
think
there's
some
thickness
some-some.
We
could
work
with
us.
Okay
and
I.
Understand.
H
A
H
A
A
C
I'll
make
another
motion:
I,
don't
think
a
met.
He
met
the
variance
test.
I
agree
with
staff
that
the
exception
I
mean
I.
Think
he's
made
his
case
for
an
exception
level.
Request
I,
don't
know
if
he'll
want
to
do
the
four
and
a
half
foot
fence,
but
I
think
we
should
give
him
that
option.
If
he
does
so
I'd
move
staff
recommendation.
A
All
right
so
I've
got
a
motion
and
a
second
for
the
staff
recommendation.
Now
all
those
in
favor
of
that
raise
your
right
hand
and
say:
aye
1,
2,
3,
4,
5,
ok,
all
right
and
I'm,
just
gonna
say
no
again,
but
it
carries
so.
Motion
carries
at
the
exception
level,
so
you
can
go
four
and
a
half
feet
tall
and
still
have
an
opaque
fence.
So,
okay,
other
business,
that
we
have
here
at
Zoning,
Board
of
Adjustment
we've
got
two
improvement
from
last
month.