►
From YouTube: 4-22-20 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting via teleconference on Wednesday, April 22, 2020.
Agenda with participation instructions available at https://DSM.city/ZBOAatHome
Help us caption & translate this video!
https://amara.org/v/C0ssY/
B
We'll
go
ahead
and
gavel
in
here.
That's
the
official
gavel
good
afternoon.
Everyone
welcome
to
the
monthly
meeting
of
the
City
of
Des
Moines
Zoning
Board
of
Adjustment.
My
name
is
Mel
pens,
chairman
of
the
board
of
adjustment.
This
board
has
the
power
under
Iowa
law
and
the
zoning
ordinance
of
the
City
of
Des
Moines
to
here
make
decisions
on
request
for
variances
and
exceptions
from
the
regulations
in
the
zoning
ordinance
to
review
conditional
use.
Permit
request,
consider
appeal
from
any
decision
of
the
city
staff
in
the
administration
of
the
zoning
ordinance.
B
The
members
of
this
board
are
citizens
of
the
City
of
Des
Moines
and
have
been
appointed
to
the
board
by
the
City
Council.
The
board
members
are
volunteers
and
receive
no
compensation
for
their
public
service
level.
Seven
members
of
the
Zoning
Board
of
Adjustment
I'm,
going
to
take
a
moment
now
to
go
through
and
give
each
other
names
our
Vice
chairs,
Nathan,
Blake
of
Cindy,
Smith,
Marla's,
Jones,
Lynn,
Carlsen,
dave
gear
and
justin
growth
and
again,
as
the
seventh
member,
my
name
is
Mel
pens,
the
board
chair.
B
B
Tyler
Hall,
as
our
meeting
moderator,
Delores
brass
Ennio,
is
also
a
meeting
moderator,
Eric,
Lundy
city
planner,
and
also
Catherine
da
Start
city
planner,
I'm,
going
to
take
a
moment
here
to
go
through
our
meeting
procedure
pardoning
for
some
of
you.
This
may
be
the
first
time
you've
been
in
front
of
us
and
for
all
of
us
this
is
the
first
time
that
we're
doing
this
through
zoom,
as
well
as
the
phone
connection.
However,
for
the
most
part,
this
is
pretty.
If
it's
the
same
process,
we
would
normally
do
so.
B
B
The
board
is
required
to
base
its
decision
on
each
item
upon
the
criteria
established
by
law
or
the
type
of
relief
sought
by
the
applicant.
The
law
applicable
to
each
case
is
identified
in
the
written
staff
report.
If
the
fact,
as
determined
by
this
board
demonstrates
that
the
criteria
established
by
law
for
granting
the
relief
has
been
satisfied,
then
the
board
must
grant
the
requested
relief.
Otherwise,
the
board
must
deny
the
relief.
B
B
We
will
then
move
to
what's
called
the
public
comment
portion
of
the
hearing.
This
is
very
important
for
those
that
wish
to
weigh
in
on
the
issue,
either
for
or
again
anyone
wanting
to
speak
in
support
of
opposition
to
or
even
in
neutrality
on,
the
appeal
will
be
allowed
up
to
five
minutes
to
present
their
comment.
This
will
be
their
only
opportunity
to
address
the
board
during
the
hearing.
This
is
our
normal
procedure
as
well,
so
there's
nothing
different
because
we're
doing
this
through
electronic
means
at
the
time
you
wish
to
comment.
B
You
will
need
to
please
click
the
raise
hand
button,
which
would
be
at
the
bottom
of
the
participants
panel,
if
you're
participating
by
the
zoom
app
or,
if
participating
by
phone
on
your
keypad
press,
star
and
nine.
The
meeting
moderator
will
then
know
to
call
on
you
if
you
mighta
raised
your
hand
through
the
zoom
app
or
if
you
press,
star
nine
on
your
phone
and
then
when
it
is
your
turn,
they
will
unmute
you
and
then
your
microphone
will
be
live.
Staff
will
take
folks
in
order
of
appearance
if
they
request
be
recognized.
B
If
you
choose
to
share
any
documents
with
us
by
PDF
or
images
here
during
today's
hearing,
you
did
not
provide
staff.
Previously,
you
want
to
use
those
in
your
presentation.
You'll
have
to
email
copies
of
those
for
the
record
to
the
city
staff,
to
their
email
address,
which
is
planning
at
DM,
gov
dot,
o-r-g
I'll
go
ahead
and
spell
that
POA
n
n
ing,
@dm
govt
dot
o-r-g.
B
So
again,
if
you
have
anything
that
you
have
not
previously
submitted
that
you
want
to
use
in
your
presentation,
got
the
email,
a
copy
about
to
planning
at
Des,
Moines,
org
or
I'll
say
that
again
planning
at
DM,
jaws
or
G.
Once
all
concerned
citizens
have
spoken,
the
board
will
then
ask
any
additional
questions
of
city
staff.
Finally,
the
applicant
will
be
given
three
minutes
for
a
rebuttal
or
closing
comments.
If
they
choose
to
do
so.
B
The
board
will
then
close
any
further
public
comment
on
the
agenda
item
and
the
board
will
immediately
deliberate
the
request
and
make
a
decision.
Please
note
that
it
takes
at
least
four
affirmative
vote
for
any
zoning
of
Appeal
to
gain
approval.
And
again
we
have
seven
members
here
and
always
takes
four
votes
for
your
item
to
pass.
All
speakers
are
requested
to
begin
their
presentation
by
giving
both
their
name
into
AB
dress.
If
your
here
is
a
property
owner
or
neighbor,
you
can
give
your
place
of
residence
or
address.
B
If
you
hear
in
a
professional
capacity
as
an
architect,
engineer,
contractor
or
attorney,
you
can
give
your
business
address.
All
speakers
are
requested
to
remain
courteous
and
to
focus
their
comments
only
upon
those
facts
that
demonstrate
whether
or
not
the
criteria
established
by
law
has
been
satisfied.
Speakers
are
also
asked
to
ensure
the
respectful
of
time
consideration
and,
if
necessary,
the
board
chair
will
limit
further
comments
by
a
speaker
if
they
exceed
their
time
limitation.
B
The
decisions
of
this
board
can
only
be
appealed
in
the
Polk
County
District
Court.
So
if
you
believe
you've
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
this
sports
decision.
In
order,
if
you
believe
the
zoning
regulations
applied
by
this
board
are
wrong,
you
may
petition
the
City
Council
to
change
those
regulations
for
future
consideration.
B
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.
You
made
contact
city
staff
after
the
hearing.
If
you
need
a
copy,
we
also
have
that
you
keep
your
microphone
on
you
other
than
when
addressing
the
board
in
order
to
limit
distractions
during
the
hearing
that
is
in
progress.
B
But
what
I
will
do
here
is
I'm
going
to
read
through
each
of
the
items
and
if
there's
anyone
on
the
phone
or
on
the
Zillah
app
object
to
the
board,
granting
permissions
and
approvals
for
any
one
of
these
items.
Please
raise
your
hand
or
hit
star
9
there,
and
if
you
object
to
that
item,
then
we'll
move
this
to
the
regular
portion
of
the
agenda
and
we
will
hear
that
agenda
item
in
its
entire.
So
we'll
start
with
item
1.
C
Is
for
the
City
of
Des,
Moines
I
did
have
two
things
they
needed
to
add
at
the.
The
first
is
that
item
number
two,
the
appeal
at
5:07
East,
locust
tree,
you
see
I,
do
know
there
are
several
people
on
this
beating
that
want
to
speak
in
opposition,
so
staff
will
go
ahead
and
move
number
two
to
the
discussion
portion
of
the
agenda
at
this
time,
engines
regarding
number
our
item
numbers
four,
five,
six,
seven
and
eight
with
the
appeals
of
Lamar
Advertising.
C
There
are
on
the
consent
agenda
right
now
for
continuation
to
the
May
27th.
Speeding,
however,
they
want
to
be
there
have
their
appeals
heard
at
the
next
in-person
meeting.
So
staff
is
revising
our
recommendation
to
continue
those
five
items
to
the
24,
the
only
Board
of
Adjustment
meeting.
Now,
instead
of
the
may
27th
24
dozen.
B
Okay,
bird
I'd
have
just
two
questions
on
those.
As
far
as
continuing
at
the
June
24th,
you
mentioned
that
the
applicant
would
like
it
to
be
rescheduled
to
the
next
in-person
meeting,
while
I
believe
the
procedure
is
we
we
have
to
have
an
actual
date
of
how
long
we're
allowing
a
continuance
rather
than
an
indefinite
period.
So
I
understand
staff
is
proposing
June
24th,
which
would
be
about
60
days
from
now
and
I
guess.
I
do
have
a
little
bit
of
a
concern.
B
I
wouldn't
have
a
problem
postponing
this
until
that
June
24th
date,
but
for
the
spirit
and
intent
of
the
zoning
ordinance,
as
well
as
the
public's
interest.
I,
don't
think
I'd
be
interested
in
an
indefinite
time
to
put
this
off,
because
we
may
actually
have
to
look
at
meetings
of
this
type
or
sometime
down
the
line.
Do
you
have
anything
you
can
add
to
that
Bert,
so
I.
C
C
D
E
B
B
B
F
B
This
is
up
for
continuous,
since
we
are,
since
we
are
all
operating
remotely,
there's
no
one.
That's
physically
come
down
for
speeding.
We,
we
can't
really
take
testimony
if
we're
looking
at
a
continuum
I
think
staff
has
provided
their
reasoning,
which
is
at
this
stage
of
the
game,
I
would
say,
is
reasonable.
Thank.
H
Hello
will
reasoner
night
I'm
the
attorney
for
Lamar
on
this
matter
and
whoever
just
chimed
at
this
correct
I
want
to
just
speak
on
the
date
of
the
continuing.
We
have
significant
amount
of
facts
and
testimony
to
present
to
the
board
on
this
matter
and
presenting
by
zoom
obviously
presents
a
pretty
significant
jh,
just
in
terms
of
coordinating.
You
know
with
with
my
witness
the
bat
for
Lamar
plus
presenting
materials,
and
so
we
are
requesting
the
next
in-person
hearing.
H
B
Well,
mr.
Reiser
is
Melton's
board.
Chair
I
remind
you
that,
regardless
of
how
much
information
or
testimony
you
want
to
present
in
any
hearing,
you
have
10
minutes
to
present
your
case
or
for
that
related
agenda
item.
So,
depending
on
how
you
will
put
together
your
presentation,
no
matter
how
large
or
small
it
is,
it
still
only
take
place
within
a
ten-minute
time.
H
I
B
G
J
G
B
Okay,
so
for
those
of
you
here
for
items,
1
&
3,
your
items
have
been
approved,
which
was
an
exception
request,
well
they're
all
related
to
exception.
So
you'll
get
a
copy
of
the
Board's
decision
in
order
next
week,
and
we
appreciate
you
coming
to
the
hearing
and
for
4
through
8,
well
we'll
check
in
with
you
here
in
June.
B
C
All
right,
mr.
chair
members
of
the
board,
this
is
Bert
Ross
planner
for
the
City
of
Des
Moines.
Item
number
four
to
is
a
request
for
a
conditional
use
that
would
allow
for
a
for
use
of
a
twelve
hundred
and
forty
nine
square
foot
in
it
within
the
ground
level
of
the
building
for
a
bar
used
or
for
another
use
with
sales
of
alcohol
for
on
premises.
C
C
E
C
C
E
C
C
And
the
staff
report
was
provided
to
everybody
prior
to
the
meeting
and
hearing
aims
to
be
able
to
reference
anything.
The
staff
looked
at
the
criteria
that
the
board
obligated
to
base
his
decision
on,
and
we
felt
that
the
site
does
satisfy
the
requirements
for
granting
the
conditional
use.
It's
an
excuse
area
with
a
that.
It
contains
a
mix
of
commercial
and
residential
uses.
So
it's
not
uncommon
to
have
tavern
type
uses
intermixed.
C
E
C
C
They
shall
not
have
any
outdoor
components
such
as
a
patio
unless
the
Board
of
Adjustment
Frances
future
amendment
that
allows
for
such
dozen
they
need
to
inspect
you
asleep,
post
contact,
information
for
a
manager
or
owner
near
the
entrance
of
the
business
eight.
They
shall
implement
a
strict,
no
law
policies
9.
C
They
shall
not
suspend
alcoholic
beverages
for
the
drive-through
windows
10.
They
need
to
provide
litter
and
trash
receptacles
at
convenient
locations.
11
they
need
to
comply
with
the
building
code
in
12
is
the
probably
the
most
important
one
that
if
the
business
would
ever
become
a
nuisance
or
violates
the
conditions
that
forth
in
the
conditional
use,
the
Zoning
officer
has
the
authority
to
bring
it
back.
C
Okay,
I'll
show
you
the
consent.
Map
I
would
be
dead.
Yet
there's
a
few
cards
in
opposition
that
our
condo
owners
within
the
same
building
that
the
proposed
used
would
be
located
in
and
then
we
did
get
some
cards
and
support
so
I'll
slowly
flip
through
these
cards,
but
while
they're
up,
if
the
board
has
any
questions
for
me
now,
would
be
a
good
time
to
ask
them.
Okay,.
C
I
C
I
I
B
E
B
And
they're
asking
for
what's
called
a
conditional
use
permit,
which
means,
if
we
were
inclined
to
approve
this
today,
if
it's
established
as
a
business,
and
we
do
have
problems
with
noise
or
congestion
or
disturbing
the
general
church
or
the
neighborhood
to
a
great
degree,
we
can
remove
that
conditional
use
permit
and
the
operation
would
have
to
cease
if
it's
brought
back
to
the
city
or
this
board
for
review
to
that
correct.
That.
C
B
B
Okay,
seeing
none-
this
is
good
practice
here
for
our
author
agenda
item
to
come.
So
the
first
thing
we
do
now
is:
we
have
the
appellant
can
speak.
They'll
have
up
to
ten
minutes
to
present
their
appeal
and
their
reasoning
to
ask
for
their
conditional
use,
permit
and
we'll
need
the
appellant
to
first
provide
their
name
and
then
their
address
and
again
they've
got
up
to
ten
minutes
to
present
their
case,
so
we'll
go
ahead
and
have
staff
turn
it
over
to
the
appellant.
D
My
name's
Lloyd
ogle
I'm,
actually
not
going
to
you
all
but
I'm.
Actually,
in
this
case
I'm
one
of
the
owners
don't
beat
up
on
obey
in
question.
The
first
thing
I'd
like
to
do
is
just
apologize.
Salmon
and
Joseph
I
think
are
on
the
call,
but
the
whole
Kovach
thing
is
the
made
it
difficult
to
communicate.
D
Oh
that's.
The
first
I'd
like
to
point
out
is
that
whatever
business
goes
into
this
site,
the
homeowners
association
that
business
is
subject
to
this
declaration
and
the
homeowners
association
actually
has
two
provably
and
they
also
have
the
ability,
through
the
declaration,
to
regulate
any
business
in
there
and
should
expect
thee
and
even
ban
the
tenant
or
bandit
patron.
E
D
Babe,
so
I
would
like
to
first
of
all
this
point
on
I
think
if
there
are
any
issues
with
business
in
there
that
it
would
be
in
a
very
good
position
to
address
any
concerns.
Well,
if
they
ever
get
to
the
point
where
they
would
get
this
onei
off.
But
having
said
that,
real
briefly
wanted
to
talk
about
the
concept
a
little
bit
when
we
first
look
finding
a
tent
for
this
space,
but
I
read
your
preferences.
Try
to
just
find
a
straight
retail
tenant
and
I
can
tell
you.
D
It
is
extremely
weak
and
now
what's
what's
happened
with
this
pandemic
I'm
real
concerned
about
downtown,
we
beat
dealt
doesn't.
But
having
said
that,
we
don't
want
to
take
it
for
fun,
though
we
actually
hired
a
concept
designer
in
the
hospitality
industry
to
analyze
this
space
and
to
come
up
with
a
concept
that
this
potential
character
and
the
short
paraprofessional
and
the
still
brain
concept
is.
Is
that
concept,
and
these
things,
I'd
like
to
point
out,
is
that
this
business
is
specifically
targeting
women
with
discretionary
income?
And
it's
not
going
to
be
a
far.
D
We
can
you
think
of
a
bar,
you
walk
in
and
you
would
be
bottle
the
liquor
on
the
wall
and
you
order
your
gin
tonic
or
whatever.
In
this
case,
there
is
no
bar.
What
you're
going
to
have
is
specifically
infused
pre-mixed
product
that
you'd
walk
in
rows,
a
colorful
bottle
and
in
any
of
the
drinks,
alcoholic
or
non-alcoholic
all
play
the
competent
a
tasting
room.
It's
not
a
beer,
a
bar.
D
If
someone
stumbled
out
lolis
to
cross
the
street
and
stumbled
into
dobre
they're
likely
not
going
to
feel
very
comfortable
in
a
space
like
that
to
be
welded,
we
think
the
seating
sports
can
be
24
people,
it's
not
a
large
space.
There's
not
going
to
be
a
large
impact
of
you
know.
Coming
in
and
out
of
there
that
are
going
to
cause
problems
in
the
neighborhood.
D
We
estimate
we're
going
to
spend
at
least
$100,000
I'm
built
out
into
space
and
we're
really
confident
that
this
concept
would
be
a
real
winner
for
Village
willing
will
be
enhancement,
and
the
de
folk
that
live
in
the
building
will
welcome
the
freakiness.
Oh
there's
a
whole
nother
round
and
comic
stations
that
I
don't
need
to
have
homo
sociation
that
building,
but
I'd
just
like
to
emphasize
that
a
bit
of
ability
of
that
homeowners
association
to
regulate
any
issues
that
might
might
come
up
with
that
face.
D
So
knowing
that
going
into
this
we're
extremely
sensitive
to
to
these
issues.
The
building's
got
super
high
ceilings
built
in
like
1890,
and
we
do
plan
on
having
to
do
some
sound
testing
in
there
and
there's
plenty
in
a
space
and
room
to
do
some
sound
mitigation.
It's
done,
but
we're
just
real
concerns
that
what
we
don't
want
to
have
is
a
vacant
storefront
and
by
participating
in
the
business
I
think
we
can
ensure
that
it's
going
to
be
a
well-run
business.
The
ones
responses
to
the
neighborhood
turns
of
hours
of
operation.
D
D
D
B
A
D
That
space
is
probably
too
small,
I
mean
I
and
I'm.
Just
we
estrogen
how
we
not
considered
amplified
music
in
there,
so
I
think
probably
what
it
definitely
wouldn't
be.
Any
bands
I
found
some
which
I
come
in
there
may
be
a
acoustic
guitar
and
do
so
met
some
type
of
something.
That's
the
only
context
I
could
think
of
sensitive
to
sound
issues
in
will
will
run
a
sound
meter
at
80
decibels.
D
90
decibels
higher
decibel,
it
will
kind
of
sounds
that
makes
in
the
in
the
joining
unit
and
and
will
soundproof
is
nice
but
yeah.
Actually
not
absolutely.
The
Athenians
is
not
to
be
live.
Music
error
program
there.
If
there's
something
incidental
to
occur
over
suction
yeah,
we
wouldn't
allow
amplified.
G
D
L
D
Run
a
little
bit
late
on
Friday
and
Saturdays
the
pain
on
how
many
people
rent
there,
we
don't
picture,
it's
probably
being
it'll,
be
in
there
past
midnight
week.
Thank
you,
but
again
it
we
would
probably
sit
out.
The
homes
association
negotiate,
some
of
the
things
that
they
again
they
have
the
power
to
reject,
and
you
can
just
both
and
to
protect
and
so
I
think
some
of
those
things,
as
as
we
were,
to
refine
this
concept
and
look
at
our
to
operations.
That
would
be
addressed
to
the
HOA.
B
Okay,
all
right,
well
boys.
Thank
you
very
much.
We
will
check
back
with
you
in
a
few
minutes.
What
we'll
do
now?
Is
there
anybody
that
wishes
to
speak
in
support
of
the
appellant
requests
to
operate
this
business?
If
so,
they
can
have
up
to
five
men.
It
just
ask
that
you
require
us
to
be
recognized
either
star
nine
or
raise
your
hand
through
the
new
map.
Anybody
here
to
speak
in
support.
F
L
Okay,
three
minutes:
two:
oh
nine
I
recently
just
moved
here
last
September
I
believe
my
only
concern
with
having
the
ladies
move
downstairs
is
obviously
the
noise
I
don't
know
if
I've
misread
the
chat,
but
it's
at
84
occupants
and
then
I
think
you
folks
at
24,
so
it'd
be
nice
to
get
an
official
number
on
that.
You
know
how
many
folks
that
we're
actually
going
to
have
in
that
place
at
one
time
and
then
also
the
late
hours
kind
of
worries
me
on
the
weekend.
L
Obviously
living
here,
you
know,
there's
been
a
lot
of:
it's
been
nice
and
quiet
below
with
those
businesses.
Obviously
they
don't
aren't
open
late,
so
I
think
opening
a
business
like
this
is
going
to
be.
You
know,
open
till
11:00
o'clock
on
a
weekday
and
then
I'm
assuming
12:00
or
1:00
o'clock
on
a
weekend.
That
kind
of
makes
me
nervous
in
terms
of
music
noise
people
being
drunk
loitering
outside
when
we
have
a
lot
of
vehicles
and
also
had
one
of
our
private
interest
is
right
next
to
the
front
of
that
building
as
well.
L
In
terms
of
you
know,
in
light
of
kovat
and
the
unfortunate
being
of
everyone
who's
a
small
business
owner
in
an
entrepreneur
having
their
businesses,
you
know
either
either
unfold
or
Rowell.
That's
unfortunate,
I,
don't
think
that
we
should
necessarily
be
so
close
to
jump
to
just
build
the
space
just
for
the
sake
of
still
in
it.
So
in
terms
of
that
I,
don't
think
that
would
be
some
that
I
think
the
neighborhood
or
the
City
of
Des
Moines
should
worry
about
I.
L
Think
we've
got
like
what
20
bars
or
places
within
nine
hundred
feet,
I
think
at
this
building.
So
those
are
just
a
few
of
the
concerns.
I
have
Sam
I,
don't
know,
if
you
add
me
as
well,
but
those
are
just
a
few
that
that
I
was
thinking
about.
They
were
kind
of
top
of
the
mind
for
me
that
I
would
like
to
eventually
get
answered.
Okay,.
B
F
E
B
G
A
A
It's
you
know,
possibly
kind
of
how
things
might
more
along,
and
you
know
it
starts
out
fairly
quiet
and
then
to
try
to
get
some
traffic
as
an
activity.
You
know
maybe
music
will
go
in
or
some
things
will
start
to
happen
and
then
then
it's
kind
of
an
issue.
You
know
kind
of
slows
out
or
hope
that
you
know
an
understanding.
They
have
to
abide
by
the
Association
and
isn't
that
kind
of
thing.
So
you
know
I,
guess
you
know
stay
pretty
pretty
tailored
towards
then
describe
I
I.
E
B
B
F
B
You
not
okay,
all
right,
well
kind
of
do
the
same
thing
since
you
have
it
any
speakers
who
are
neutral.
So
just
maybe
you
want
to
share
a
comment,
whether
it's
for
or
against,
but
maybe
some
food
for
thought
again.
Just
ask
to
be
recognized.
Star
nine
or
the
raise
your
hand
on
your
zoo
map
going
once
going
twice.
B
Okay,
all
right!
So
now
the
board
can
ask
cities
staff
any
questions
that
have
come
from
that
testimony
and
I'll
just
go
ahead
and
kick
this
off.
There
was
a
comment
made
that,
while
the
applicant
is
said,
oh
I
might
have
a
couple
dozen
84
woodsmen
I'm,
guessing
that
that
might
be
the
maximum
allowable
under
city
code,
but
could
staff
addressed
if
just
just
how
that
works.
C
B
C
Is
your
shirt
draw
to
a
planner
for
the
City
of
Des
Moines?
The
building
code
will
dictate
the
maximum
occupancy
based
on
the
square
footage.
I
am
not
exactly
sure
what
the
square
footage
apartment
is
per
unit.
I
know
a
lot
of
assembly
uses,
they
need
seven
square
feet
of
floor
area
per
chair,
so
it
is
possible
that
84
would
be
the
maximum
number.
B
Okay,
yeah
I
I
probably
want
to
look
at
understanding
what
the
maximum
allowable
would
would
be.
You
know,
24
people
could
just
be.
You
know
one
wedding
party
and
then
the
place
is
full
I,
don't
know
so
I
I
guess
I'd
want
to
know
in
a
little
more
detail.
What
is
the
maximum
occupancy
that
would
be
allowed
as
the
tavern
use,
which
this
be
classified
as.
I
B
There
certainly
can
be,
but
you
know,
and
I
kind
of
say
this,
with
a
smile
to
hear
live
music.
What
does
that
mean?
Why
a
music
is
me
singing
acapella
that
is
live
music
now
then,
there's
amplified
music,
which
means
using
a
microphone
or
using
an
amplifier
on
a
lot
on
an
electric
guitar.
There
are
also
instruments
that
are
not
amplified
like
percussion
instrument.
Somebody
could
have
a
drum
and
cymbals
in
there
with
no
microphone
and
it
would
be
very
loud.
Then
there
is
music.
B
That
is
just
through
some
tiny
speakers
like
background
music
that
could
still
be
considered
amplified
music,
so
I
think
we
have
to
be
careful.
What
what
we're
talking
about,
because
amplified
music
can
can
simply
mean
a
little
boombox
BD
players
that
sits
on
a
counter
that
truly
amplified
music.
So
do
we
want
to
limit
live
performances
that
are
amplified
I?
Do
we
want
to
say
no
live
performances
of
any
type,
or
do
we
just
want
to
stay
comply
with
the
normal,
sound
ordinance
and
within
these
conditions
already
set,
they
can't
disturb
the
general.
G
B
I
Yeah
ran
down
of
a
neighborhood
election
administrator
zoning
enforcement
officer.
There
are
no
permits
required
force
down
inside
of
a
building.
There
are
requirements
but
found
not
escape.
The
building
just
saw
us
to
cause
a
noise
disturbance,
so
I,
don't
I,
don't
think
you
want
to
start
having
them
get.
B
I
I
F
B
D
I
would
just
emphasize
that
well,
first
of
all
apply
our
current
configuration
as
dating
for
24.
That
would
necessarily
mean
that
your
actual
occupancy
could
be
more
than
that
I'm
guessing
the
84
people
occupancy
is
maybe
what
death
monkey
has
right
now
and
part
of
the
build-out.
You
know
you're
still
going
to
have
some
type
of
kitchen
area.
You're
gonna
have
some
areas
that
are
not
available
to
the
public.
That's
going
to
reduce
for
footage
of
a
bailable
space
for
the
public.
D
So
you
just
by
function
of
the
code,
I'm
sure
that's
not
was
going
to
be
some
blow
for
how
much
I
don't
know.
Having
said
that,
even
back
to
this
type
of
business
and
authority
of
the
homeowners
association
has
over
it,
you
know
I
think
all
those
things
ours
are
if
there
are
issues
about
number
ones.
E
G
B
G
D
D
D
D
Lease
that
would
have
to
be
brought
forward
to
the
HOA
for
google.
Well,
I
appreciate
the
issue
about
thrift
and
how
sometimes
you
just
you,
keep
that
size
kind
of
locked
in
in
this
case
because
were
subject
declaration
I,
think
they're
being
a
good
position,
at
least
that
if,
if
we
are
too
far
away
from
what
are
our
original
stated,
businesses.
B
Okay,
all
right
well,
thank
you.
Both
we'll
go
ahead
and
close
our
public
portion
then
and
go.
Unless
was
there
any
other
questions
for
Lloyd?
Did
you
have
something
marvelous,
nope,
okay,
well
close
the
public
portion
then
and
go
to
the
board
deliberation
so
any
thoughts
by
the
board
members
on
what
you've
heard.
K
It
seems
like
this
is
something
that
could
probably
get
worked
out
and
it
sounds
like
some
of
their
concerns
are
theoretical
in
nature
and
the
actual
plans,
and
presumably
practices
are
going
to
not
necessarily
get
into
a
place
of
something
I.
Think
I'm,
pretty
comfortable
personally,
with
what
staff
has
recommended
but
open
to
hearing
what
others
piece
of
things
yeah.
G
G
B
D
G
B
A
D
B
Okay,
okay
I
appreciate
everyone's
input
on
that
item
and
your
patience
and
working
with
us
here
for
the
hearings.
So
we
wish
you
well
and
working
together,
employed
with
those
in
your
homeowners,
association
and
I'm,
assuming
that
your
first
official
event
at
your
facility,
if
it
opens
we'll,
be
inviting
them.
B
C
Thank
mr.
chair
members,
the
board
bird
Ross
planner
for
the
City
of
Des
Moines
item
number.
Nine
is
a
request
to
allow
retention
of
more
paving
within
the
front
yard
than
what
they're
allowed
this
one
is
unique
and
that
the
building
permit
for
the
single-family
dwelling
was
issued
last
fall
at
which
time
the
city
was
operating
under
what
is
now
referred
to
as
the
retired,
don't
even
since
the
building
permit
for
the
house
was
issued
under
the
retired
only
organs.
C
This
has
people
also
considered
under
that
same
order,
so
you're
actually
looking
at
an
appeal
that
is
up
the
retired,
Doheny
ordinance.
Okay,
the
subject
property
is
located
along
the
east
side
of
Martin
Luther,
King,
jr.
Parkway
and
in
between
Hickman
rows
on
the
staff
and
Avenue,
where
Douglas
Avenue
I'm
sore
yeah.
Look
at
this
I
was
remembering
about
over
single-family
residential
leaders.
F
C
C
Single-Family
house
that
you're
on
the
access
is
from
Martin,
with
the
things
to
do
first
way,
which
is
a
major
thoroughfare,
so
they
pick
the
additional
parking
so
the
city
and
turn
around
before
the
NuvaRing
direct
bidding
on
the
partnership.
These
are
Quebec.
This
is
looking
towards
north
as
a
favor,
and
this
is
from
the
other
angle,
looking
towards
the
South
in
the
staff
report.
C
So
we
have
recommended
denial
of
the
variance,
but
we've
recommended
approval
of
the
maximum
excessive
level
operative,
an
act
on
accepted
level
that
could
be
better
invested.
Two
hundred
and
thirty
nine
point:
eighty
we're
feet
over
the
allowed
ordinance
doesn't
975
square
feet.
Essentially
that
would
allow
them
to
have
a
37.5%
of
the
front
door
behave
and
this
would
require
them
to
remove
just
under
16
square
feet
of
haven
within
the
front
garden.
I
C
It
contains
I
believe
an
auto
sales,
or
this
area
contained
Auto
Sales
contain
some
warehousing
little
farther
to
the
south
that
contains
the
senior
I
guess
about
half
miles
of
South
that
contains
a
or
four-story
multi-family
senior
housing,
but
closer
to
the
south.
Is
the
city
or
the
des
moines
public
school
buses
aren't
familiar
with
that
at
the
corner
of
prospect,
Road
in
Martin,
Luther,
King,
jr.
Parkway,
all.
C
B
C
C
B
C
B
The
existence
of
the
house
is
not
in
question
here
from
what
what
I'd
like
to
go
back
to
is.
Could
you
show
us
the
actual
parcel
site
plan
that
shows
the
building,
footprint
and
I?
Think
in
yellow,
you
showed
us
how
it
was
paved
is
the
yellow
area?
What
was
paved
yes,
yeah?
What?
But
what
I'd
like
to
see
is,
within
this
approved
plan
that
Cooper
Crawford
and
associates
drafted
up?
Did
that
not
show
the
alignment
of
what
the
driveways
should
have
been
like,
because
I
think
I
see
a
little
curve?
B
B
Because
what
I'm
getting
at
is
if
the
dimensions
and
the
shape
of
the
driveway
was
on
a
site
plan,
and
that
was
approved.
Why
in
the
heck,
did
a
builder
or
somebody
else
deviate
from
that
on
their
own?
And
maybe
that's
the
question.
I'll
ask
the
applicant
yeah
because
it
looked
to
me
like
the
driveway
has
at
least
on
the
northern
North
West
boundary
has
been
drawn
out.
B
B
C
B
B
Okay,
seeing
none,
then
what
we'll
do
here
we'll
transition
over
to
the
applicant?
The
applicant
has
up
to
ten
minutes
to
present
their
appeal
and
we
just
need
to
start
with
whoever's
going
to
present
their
name
and
address,
and
they
just
need
to
it's
to
our
nine
or
raise
their
hands
at
the
zoo
map
to
be
recognized.
M
This
is
Brandon
Reed.
Can
you
hear
me?
Yes,
sir
hi?
This
is
a
Brandon
Reed
with
tanzanite
homes
and
operations
manager,
I
live
it
in
908,
North
East
outer
Ridge
circle,
Ankeny
I
am
the
operations
mannerless
manager,
like
I,
said
for
chance.
My
home
main
reason
we're
requesting
again
was
more
safety,
so
they
can
turn
around
and
access
MLK
and
busy.
It
is
as
it
is,
as
opposed
to
packing
on
to
MLK
a
couple
things
with
the
reason
that's
offset
a
little
bit
is
that
was
the
existing
entrance
yep
that
we
used.
M
That's,
why
that's
offset
and
there's
actually
a
power
fold
on
the
front
there.
That
would
also
hinder
straight
out
but
gotcha.
That's
why
that
stayed
there,
the
but
yeah.
The
main
reason
is
is
just
for
their
safety
purposes.
You
get
as
much
as
they
could
knock
out
and
turn
around
and
and
drive
straight
on
to
MLK
and
stuff
there.
The
original
I,
don't
think
it
really
shows
the
site
plan
digitally
show
anything
for
like
a
turn
around
and
stuff.
M
When
we
did
that
and
then
stuff
there.
So,
okay,
that's
really
the
only
reason.
They're.
The
only
other
thing
would
be
is
when
we
extended
that
I,
don't
think
we
knew
that
Kirstin
Ajay
I,
don't
think
we
were
running
off
the
right.
What
was
included
in
your
front?
You
know
that
20,
the
25
percent
allowable
I,
don't
think.
We
quite
understood
that
I
guess,
though
that
might
have
been
the
other
reason
why
we
got
where
we
were
with
this,
but
I
think
Drive
way
over
there
even
trying
to
make
it
tie
it
over
there.
M
I,
don't
think
we
would
have
even
hit
the
25
percent,
but
like
in
our
proposal,
is
just
I
mean
what
we
have
there's
735
square
feet
right
now
and
I
think
yeah.
You
guys
had
mentioned
that
you
were
represented,
that
you
would
allow
the
37
over
37%
paved
area
in
that
front
yard,
which
we
would
still
have
to
cut
off,
I
think
like
15
or
16
square
feet.
Okay,
we
requested.
We
could
keep
that
extras,
though
we
wouldn't
have
to
remove
anything
more
but
again
we're
gonna
go
by
the
recommendation.
Okay,.
B
B
B
B
B
I
Mr.
chair,
this
is
Cindy
I
I'd
like
to
comment
that
I
understand
the
test
for
variances
I.
This
has
been
unnecessary
hardship,
knowing
m.l.king
I
believe
this
B's
limit
down
that
Street
is
probably
35,
but
people
go
35.
That
would
be
a
compliment
for
folks.
It's
a
it's
a
very
heavily
traveled.
Three
there's
a
lot
of
businesses
along
there,
as
Burt
indicated
where
this
home
new
home
is
located,
is
surrounded
by
what
I
would
call
commercial
type
entities.
K
I
I
guess
I
would
prefer
to
despite
what
the
homeowner
a
bit
in
that
I
think
they
would
need
a
spot
to
back
out.
Otherwise,
if
you
try
to
back
out
onto
m.l.king,
that's
going
to
be
very
dangerous
for
not
only
for
them,
but
for
the
folks
traveling
up
and
down
that
Street
I
would
I
would
go
along
with
letting
them
keep
what
they
have
there.
L
E
B
It's
been
made.
Some
concerns
been
made
that,
yes,
they
want
a
maneuvering
area
so
that
they
did
not
have
to
back
out
into
the
street.
I
would
understand
that
that
could
have
been
brought
forward.
His
city
staff
at
the
time
that
the
site
plan
and
the
building
permit
was
developed.
They
could
have
asked
for
variants
at
that
time
and
staff
their
work
with
them
on
that
bass
does
not
occur
from
talking
with
the
applicant
with
a
direct
question.
B
It
appears
they
just
weren't
aware
that
there
were
requirements
on
limitations
for
paving
so
in
essence,
I
feel
like
we're
we're
making
the
variance
argument
more
than
the
applicant
I
would
be
inclined
to
support
the
exception
level,
because
I
think
that
the
paving
could
have
been
designed
correctly
to
probably
remain
within,
at
most
the
exceptions.
Those
are
just
my.
G
B
B
G
B
B
Okay,
all
right,
so
that
includes
item
nine.
Now
we
have
a
couple
other
business
items
to
take
care
of.
That
concludes
our
actual
hearing
agenda,
those
that
were
at
the
meeting
last
month,
the
minute.
If
somebody
wants
to
make
a
motion,
it
was
your
last
month
and
a
second
and
then
we'll
vote
on
a
minute.
B
B
B
Okay,
okay,
now
this
is
the
most
complicated
part
of
today's
hearing
on
annual
basis.
We
elect
officers
for
the
Zoning
Board
of
Adjustment
and
we
have
two
officer
positions
they
have
chair
and
then
we
have
biased
year.
So
chair
is
not
available,
then
the
vice
chair,
which
is
meeting
and
as
we've
seen
before,
sometimes
if,
if
neither
available
then.