City of Des Moines, Iowa 2021 Zoning Board of Adjustment, 25 Aug 2021

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From YouTube: 8-25-21 Zoning Board of Adjustment

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Des Moines Zoning Board of Adjustment meeting on Wednesday, August 25, 2021.

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Has been identified in the written staff report, if the facts 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 relief. Otherwise the board must deny the requested relief.

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Each item will be announced in the order that it appears on the agenda items listed on the consent. Portion of the agenda of the agenda are not planned to be individually discussed.

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They will be considered for approval in accordance with the recommendation in the staff report, unless the appellant does not agree to the conditions that have been recommended by staff or, if there's an individual in this audience or board. Member. That requests that the item be removed from the consent agenda, so that a full discussion on the matter can occur.

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For regular agenda items after an item is announced, city staff will first give a brief overview of the appeal and they will present any written comments that have been received prior to the hearing, then the applicant or their representative will be allowed up to 10 minutes to present their appeal.

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We will then move to the public comment portion of the hearing for that agenda item and anyone wanting to speak in support of opposition to or in neutrality of an appeal will be allowed up to five minutes each to present their comments.

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This will be their one and only opportunity to address the board on that agenda item once all concerned citizens have spoken, the board will then ask any additional questions of city staff. Lastly, the applicant will be given three more minutes for a rebuttal or other closing comments if they so choose to.

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All speakers are requested to speak uh only from the microphone here on the stand to the audience's right and to begin their presentation by first giving both their name and address of either business or residence.

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In the event, you may need to be contacted for legal notices related to the outcome of this appeal.

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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.

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Speakers are also asked to ensure that they are respectful of time considerations and, if necessary, the board chair will limit further comments by a speaker if they exceed their time limitation.

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The board chair will then close any further public comments on the agenda item at hand and the board will immediately deliberate the request and make a decision on the appeal. Please note that it always takes at least four affirmative votes for any zoning appeal to gain approval.

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If your appeal is approved today, we ask that you wait until at least one week from today's hearing to contact the city's permit and development center to obtain any necessary building or sign permits related to your appeal, so that the decision of the board can be documented in the form of a decision and order.

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That decision order will then be provided to you and city staff as necessary.

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Any appeal that is approved by the board must be implemented, constructed or otherwise, utilized within two years of the date of the decision of this board or such approval shall expire.

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Finally, the decisions of this board can only be appealed in the iowa 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 court within 30 days of the filing of the board's decision and order.

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If you believe the zoning regulations applied by this board are wrong, you may petition the city council to change those regulations for future considerations.

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All material, written or otherwise used today, as part of any presentation, is part of the permanent record. So if there's anything, you plan to present today that you haven't already given staff you'll need to provide them with that or a suitable copy, and you may contact city staff after the hearing. If you would like a copy of anything presented, a couple quick housekeeping items, please avoid any undue conversation in the audience.

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You're doing fine with that ensure your cell phone's been silenced, and if you need to use the restroom just walk straight out the doors past, the stairs you don't even have to go downstairs. There's restrooms on the left past the staircase!

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So we'll go ahead and go to our agenda here, first and foremost, frank: do we have any changes to the agenda.

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Good afternoon, mr chair members of the board, my name is frank, dunn, city staff. We we do not have um changes to the agenda at this point.

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I think what I'll go ahead and do I? I know there might be a item for discussion here on the regular hearing, but I'm going to go ahead and do consent just to get that taken care of.

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As I noted earlier, items on the consent portion are not planned to be individually discussed, so staff does not plan to make a presentation at this time unless there'd be somebody on this board or in the audience. That would object to the board granting permission for the conditional use. Permit that's been requested for item number one, which is say I believe it's related to uh the address of 555 17th street.

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So is there anybody here in the audience who would be opposed to this board, granting approval for a conditional use uh related to a tenant bay for the operation of a micro, brewery and bar anybody here in the audience opposed to that? If so, just raise your hand seeing none is there anybody here on the board that would have any concerns or want this item discussed on the regular agenda.

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If so raise your hand and if not, would there be a motion to grant approval of the conditional use on item one.

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Second, all right motion by marlins second by nathan, to grant the conditional use permit request for item one so we'll go ahead and vote on that. All those in favor raise your right hand say aye. Any opposed. None okay motion carries seven zero, so we've approved the consent agenda as well as item one all in one swoop. So if you're here for item one we'll probably have that written up if we're ahead of schedule be later this week, yet if not first to next week for you, so thank you for coming down.

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Okay, so that'll bring us to our regular portion of the agenda. We have a request for a zoning exception at 405, court avenue and frank. Do you have some information on this one for us.

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Yes, the the applicant has requested a continuance until next month.

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Any specific reasoning behind that.

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There there was an issue with the title holder, signature uh on the application they had uh provided the business owner uh rather than the title holder.

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B

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And by city ordinance, that's permission of the property owner to submit the request for the exception right they've got to sign off on it. That is correct. We need the property owner.

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All right so in order to follow procedure and give everybody a little time the appellants requested um this be continued to the next regularly scheduled meeting. So uh if anybody has any questions for staff great, if not, would there be a motion to grant a continuance I'll move that we continue.

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I'll, second, that.

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All right motion by nathan, second, by justin, all those in favor, to grant the continuance till next month raise your right hand, say: aye.

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All right motion carry 7-0 all right, so we'll hear that item next month, certainly because we all came down here in person, there must be something else we can do today. um I think at a minimum. We have some minutes from last month. Anybody on the board, who was here last month.

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If you noted anything that needs changed, please let me know at this time so staff can correct the record. If none would there be a motion to approve the minutes.

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All right motion by marliss, second, by cindy all those in favor who were here last month to approve the minutes for filing raise your right hand, say aye, all right, that's 6-0, with dave uh being absent; okay, so that takes care of minutes, frank staff. Anything else.

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That's all we have today. Thank you. Okay,.

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All right well glad to be back down here and uh good to see everybody, so this hearing is officially adjourned after 11 minutes.

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