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From YouTube: 7-28-21 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment on Wednesday, July 28, 2021.
View the agenda: https://DSM.city/zoning_board_of_adjustment_meeting_schedule.php
A
A
So
when
we
did
virtual
meetings,
our
process
was
exactly
the
same,
but
I
want
to
thank
our
city
staff
for
helping
our
board
and
all
of
the
public
through
that
process.
But
it
is
good
to
be
back
here
in
person
in
our
city
hall.
So
to
give
everybody
a
little
background
on
how
our
process
works.
This
may
be
the
first
time
you're
here
you
may
hope
it's
the
only
time
you'll
have
to
be
here,
but
we'll
guide
everybody
through
the
process
here
today.
A
A
I'm
going
to
take
a
minute
here
to
introduce
our
board
members.
We
do
have
seven
members
of
the
zoning
board
of
adjustment.
We
have
one
member
who
is
absent
today
we
will
have
another
member
who
will
be
joining
us
here,
probably
about
20
minutes
or
so
I'll
go
ahead
and
introduce
our
members
present
on
the
audience's
right
is
justin.
Gross
next
to
him
is
our
newest
board.
Member
rhonda,
cedillo
and
rhonda
is
a
des
moines
native
from
southside.
A
A
A
Legal
counsel
for
the
board
of
adjustment
here
on
my
left
is
judy
parks,
cruz,
our
city
staff
that
will
be
presenting
items
and
assisting
with
questions.
Frank,
dun,
young
senior
city,
planner,
just
raise
your
hand,
there's
frank.
We
have
catherine
drejas
city,
planner,
bert
drost,
our
deputy
planning
administrator
eric
lundy,
the
zoning
enforcement
officer,
jason
van
essen
planning,
administrator
suanne,
donovan,
deputy
director
of
neighborhood
services
and
tyler
hall.
Our
meeting
moderator
so
I'll
go
over
our
meetings
procedure
here.
First
of
all,
the
board
of
adjustment
is
a
quasi-legal
board.
A
A
The
board
members
have
each
received
a
copy
of
the
agenda
and
the
staff
recommendations
that
if
you
want
to
get
a
copy
of
the
agenda
and
staff
recommendations,
if
you
haven't,
I
believe,
they're
right
outside
the
door
here.
In
the
little
letter
tray
the
board
members
have
each
received
a
copy
of
that
agenda.
The
board
is
required
to
base
its
decision
on
each
item
upon
the
criteria
established
by
law
for
the
type
of
relief
sought
by
the
applicant.
A
The
law
applicable
to
each
case
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
release.
A
They
will
be
considered
for
approval
in
accordance
with
the
recommendation
in
the
staff
report,
unless
the
appellant
does
not
agree
with
the
conditions
recommended
by
staff
or,
if
there's
an
individual
present
here
today
at
the
hearing
or
a
board
member
that
requests
that
the
item
be
removed
from
the
consent
agenda,
so
that
a
full
discussion
on
the
matter
can
occur,
and
I
will
come
back
to
that
consent
agenda
here
in
just
a
few
minutes.
So
again
we'll
help
you
through
each
step
for
our
regular
portion
of
the
agenda.
After
the
agenda
item
has
been
announced.
A
A
We
will
then
move
to
the
public
comment
portion
of
the
hearing
on
that
item.
Anyone
wanting
to
speak
in
support
of
opposition
to
or
in
neutrality
of
that
appeal
will
be
allowed
up
to
five
minutes
each
to
address
the
board.
Once
all
concerned
citizens
have
been
spoken,
the
board
will
then
ask
any
additional
questions
of
city
staff.
A
A
Speakers
are
asked
to
ensure
that
they're
respectful
of
time
considerations
and,
if
necessary,
the
board
chair,
will
limit
further
comments
by
a
speaker
if
they
exceed
their
time
limitations.
The
board
chair
will
then
close.
Any
further
public
comment
on
the
agenda
item
at
hand
and
the
board
will
immediately
deliberate
the
request,
and
we
will
make
a
decision
here
today
on
that
appeal.
A
The
decisions
of
this
board
can
only
be
appealed
in
the
iowa
district
court
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,
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.
A
A
A
So
those
are
our
comments
on
how
our
procedure
works,
but
again
for
all
of
you
and
those
that
may
have
just
stepped
in
here.
We
will
guide
you
through
the
process.
So
so
don't
worry
we'll
make
sure
that
that
everybody
knows
when
they
have
an
opportunity
to
speak
and
what
item
we're
dealing
with
at
hand
so
related
to
that
so
bert.
Do
we
have
any
changes
in
our
agenda.
B
Mr
chair
members
of
the
board,
bert
drost
planning
staff
for
the
city
of
des
moines.
We
do
not
have
any
changes
to
the
consent
portion
of
the
agenda.
There
are
16
items
on
that
portion
of
the
agenda.
There
may
or
may
not
be
some
members
of
the
public
here
to
speak
in
opposition,
so
if
they
are
they'll
have
the
chance
to
raise
their
hand
when
you
read
through
those
but
item
number
17,
which
is
on
the
discussion
portion
of
the
agenda
staff,
would
like
to
move
that
to
the
consent
portion
of
the
agenda.
B
A
B
A
First
and
foremost,
on
that,
I
will
check
with
our
audience
members
item
number
17
is
a
zoning
exception
request
at
111,
east
grand
related
to
the
installation
of
a
wall
mounted
sign?
Is
there
anybody
present
in
the
audience?
That
would
be
opposed
to
the
board
of
adjustment,
granting
the
requested
exemption
for
the
sign.
If
there's
anybody
that
would
be
opposed
to
us
granting
approval
for
item
17.
Just
please
raise
your
hand
for
the
moment,
all
right,
seeing
none
board
members.
A
A
All
right
so
motion
by
marloes
would
there
be
a
second
from
a
board
member
all
right,
a
second
by
cindy,
so
we'll
go
ahead
and
take
a
vote
on
that
and
board
members.
Just
as
a
reminder
for
us,
this
will
be
a
little
different
than
when
we
were
doing
this
through
home
I'll,
say
all
those
in
favor.
All
you
have
to
do
is
raise
your
hand
and
say
I
and
then
I'll
do
all
those
opposed
and,
as
applicable,
raise
your
hand
and
say
opposed.
A
A
Yeah
yeah,
that's
right
so
motion
to
move
that
to
consent
agenda
so
item
17
goes
to
consent
all
right.
So
now
I'm
going
to
go
back
through
the
consent
agenda
for
the
audience's
benefit
here.
So
we
have
a
number
of
items
on
the
consent
agenda.
A
few
of
the
items
might
be
kind
of
similar
in
their
request
and
bert.
There's
nothing
else.
You
need
to
add
on
that.
Okay,
all
right!
So
I'm
going
to
read
through
these.
A
If
anybody
has
any
concern
that
they
would
not
be
in
favor
of
the
board
granting
approval
of
the
requested
either
conditional
use
exception.
Variance
what
have
you
when
I
list
the
item?
Just
raise
your
hand
for
the
moment.
If
you
would
be
opposed
to
us
granting
that
and
then
we
would
hear
that
item
directly
and
take
testimony,
then
more
than
likely,
if
you
were
opposed
to
it,
you'd
probably
want
to
give
some
comments.
A
So
I'll
read
through
these
here
so
item.
One
is
a
conditional
use
request
at
200
army
post
road.
Is
there
anybody
here
in
opposition?
That's
granting
a
conditional
use,
permit
request
for
the
premises
at
200
army
post
road.
It
would
be
for
a
tenant
bay
for
what
would
appear
to
be
a
convenience
store,
but
would
have
limited
sales
of
wine
and
beer.
Anybody
opposed
to
granting
a
conditional
use
for
item
one
just
raise
your
hand
all
right.
Seeing
none
item
two
is
a
conditional
use
related
to
verizon
wireless
in
the
vicinity
of
2806
bedoyne
street.
A
Anybody
in
opposition
to
item
two
just
raise
your
hand
if
you
are
all
right,
seeing
none
and
just
like
an
auctioneer
in
case,
I
miss
a
hand
if
anybody
sees
a
hand
go
up.
I
missed.
Let
me
know,
item
three,
a
conditional
use
request,
also
by
verizon
vicinity
of
1519
pennsylvania
avenue.
Anybody
in
opposition
there
item
4
conditional
use,
permit
verizon
wireless
vicinity
of
713
east
sheridan
street.
Any
opposition
there
just
raise
your
hand
seeing
none
item.
Five
is
a
conditional
use,
also
verizon
vicinity
of
2332
amherst
street
and
the
opposition.
A
If
we
were
to
grant
approval
there,
just
raise
your
right
hand
if
you'd
be
in
opposition.
Okay
item
six
conditional
use
also
with
verizon
vicinity
of
2915
north
union
street.
All
right
we've
got
somebody
in
opposition
for
item
number
six.
So
we
may
need
to
so
we'll
go
ahead
and
move
that
to
our
regular
agenda
item.
Seven
is
a
conditional
use
request
also
by
verizon
the
vicinity
of
700
east
ovid
avenue
anybody
here
in
the
audience
in
opposition
to
us
granting
approval
for
item
seven.
A
A
A
item
11,
a
conditional
use
permit
request
the
vicinity
of
4047
cottage
grove
avenue
anybody
in
opposition
there.
Okay
item
12
is
a
conditional
use.
Permit
request
for
verizon
near
3931.
Waveland
drive
any
concerns
there
all
right,
seeing
none
we're
getting
there
item.
13
is
a
conditional
use.
Permit
request
related
to
verizon
wireless
at
3806
washington
avenue
anyone
concerned
about
that.
One
okay
item:
14,
is
a
conditional
use,
permit
request
near
1709,
east
8th
street.
That's
item
14
any
concerns
all
right
item.
15.
A
related
conditional
use
permit
request
at
814
alpha
avenue
anyone
here
in
opposition
to
item
4
or
item
15.,
all
right,
seeing
none
a
different
request
for
item
16.
It's
a
conditional
use
request
to
allow
a
weekly
artisan
market
in
certain
weeks
or
seasons
of
the
year
at
4118
university
avenue,
that's
item
16..
Is
there
anybody
here
in
opposition
to
the
conditional
use
request
for
a
seasonal
weekly,
artisan
market?
A
A
Okay.
So
unless
the
board
has
any
further
discussion,
would
there
be
a
motion
to
grant
the
requested
conditional
uses
and
appeals
and
approvals
for
items
one
through
five,
seven
through
16
and
item
17,
subject
to
staff
recommendations,
all
right
so
moved
by
justin?
Would
there
be
a
second
all
right,
second,
by
marvelous,
so
all
those
in
favor
of
granting
the
requested
relief
for
these
items
raise
your
right
hand
or
whatever
hand
and
say
hi
all
right.
That
motion
carries
five
to
zero.
A
So
if
you
were
here
for
items
one
through
five,
seven
through
16
or
17,
those
have
been
approved
in
about
a
week,
you'll
get
a
copy
of
the
formal
decision
and
order
with
those
approvals.
So
we
thank
you
for
coming
in
today,
all
right
and
rhonda
whenever
you
feel
comfortable,
feel
free
to
weigh
in
with
emotion.
A
A
B
B
Here's
a
photo
of
that
right-of-way,
where
the
small
wireless
facility
would
be
located
here
are
the
documents
provided
by
verizon
that
show
where
the
poll
would
be
located
and
how
it
would
appear.
So
you
could
see
that
they
would
be
affixing
it
to
this
existing
utility
pole.
And
if
you
look
closely
right
here
below
the
light,
they
would
put
the
small
wireless
telecommunications
facility
there,
so
it
would
be
located
at
least
10
to
15
feet
above
grade.
Verizon
could
probably
give
that
dimension.
C
B
B
There
are
nine
criteria
that
they
must
satisfy,
and
staff
does
believe
that
they
have
satisfied
all
of
those
criteria.
We
feel
that
the
impacts
of
this
facility
will
be
minimal,
since
it's
being
placed
on
an
existing
light
pole
and
utility
pole,
so
we
have
recommended
approval
of
the
conditional
use.
Here
is
the
consent
map.
We
did
not
receive
any
comment
cards
back
in
support
or
opposition
and
then
here's
a
summary
of
the
neighborhood
outreach
as
part
of
the
conditional
use
project.
B
C
D
B
C
A
A
C
B
Or
if
it's
at
a
property
that
is
zoned
and
used
exclusively
for
single-family
residential,
so
if
there's
a
duplex
on
this
property
or
multi-family,
they
would
not
need
the
conditional
use.
But
because
it's
a
single-family
house
on
this
property
and
it's
owned
n3a,
which
is
a
single
family
district,
then
the
conditional
use
is
required.
A
B
A
F
A
F
F
G
This
is
just
a
brief
background
and
timeline
of
our
process
for
applying
for
this
site,
and
so
our
we
had
initially
submitted
our
application
for
the
small
wireless
facility
for
8.21,
and
then
we
had
a
pre-application
meeting
with
mr
burt
drost
on
june
8th
and
we
sent
our
neighborhood
mailers
to
the
appropriate
parties
on
june
21st
and
submitted
our
application
on
june.
30Th
and
city
staff
recommended
approval
on
july
22nd,
and
then
we
submitted
our
neighborhood
summary
to
mr
grast
and
then
we're
here
today
to
speak
with
you.
Okay,.
C
D
F
Previously
last
year,
when
applying
for
small
wireless
facilities,
especially
with
this
newest
technology,
due
to
the
laws
of
physics,
we
have
to
use
shorter
wavelength,
radio
frequencies.
I
know
when
we
typically
think
of
radio
frequencies
for
cell
towers,
we're
thinking
of
miles
of
coverage
in
a
very
large
radius.
However,
the
technology
needs
data
demands
of
the
current
environment
as
well
as
what
we
predict.
Five
and
ten
years
from
now
will
require
the.
C
F
F
G
G
Sleek
small
equipment
that
is
very
integrated,
so
the
radios
and
the
antennas
are
integrated
into
just
that
one
piece
of
equipment,
so
it
is
very
small
about
the
size
of
you
know:
a
laptop
computer,
three
panels
that
go
around
the
wall,
so
very
non-obtrusive
and
blends
into
already
the
existing
infrastructure
on
that
pole,
and
we
will
go
in
and
replace
that
hole
with
a
stronger
pull
to
ensure
the
structural
integrity
of
the
pole.
To
make.
F
C
C
F
Three
smaller
units
just
below
this
actually
has
our
older
4g
technology.
On
top
oh
yeah,
and
just
below
it
are
the
three
5g
radios,
those
are
underneath.
The
light
arm
and
they're
they're
shrouded.
There's
should
be
no
exposed
wires,
their
nose
looking
around
now,
there's
no
light
smell
taste,
anything
else.
It's.
F
G
C
F
D
F
G
So
this
goes
into
just
briefly.
The
cup
criteria
and
bert
touched
on
that
as
part
of
his
analysis,
but
the
the
proposed
geographical
location
and
operation
of
the
use
or
activity
adequately
safeguards
the
health,
safety
and
general
welfare
of
persons
residing
or
working
in
the
area,
and
we
operate
all
of
our
equipment
within
fcc
regulations
and
to
ensure
the
safety
and
keep
it
at
the
required
heights
away
from
people.
F
F
C
E
G
Next
slide,
please,
so
our
use
will
not
unduly
increase
the
congestion
in
the
streets
or
public
danger
of
fire
safety
or
flooding.
We
operate
within
the
right-of-way,
so
we're
not
in
the
street
we're
going
on
an
existing
pole.
That's
already
there,
so
we're
not
adding
anything
to
the
right-of-way.
John
did
mention
some
fiber
and
electrical
hand,
holes
that
will
be
added
but
they're
ground
level.
So
it's
not
actually
any
additional
furniture
in
the
right
of
way.
It's
ground
level
and
blends
into
the
ground.
G
F
The
proposed
use
this
installation
smaller
facility
will
not
compare
establish.
Excuse
me
new,
very
established
nearby
property
balances
in
this
case.
Again,
it's
a
very,
very
minimal
installation
of
three
small
cell
radios.
It
actually
does
increase
the
wireless
capacity
and
technology
for
the
neighborhood,
which
we
believe
is
incredibly
important.
The
studies
that
we've
seen
suggest
that,
for
I
think.
F
F
G
The
proposed
use
is
consistent
with
the
general
purpose
of
this
zoning
ordinance.
The
planning
and
design
ordinance
chapter
135
of
this
code
and
the
comprehensive
plan
and
specific
purposes
established
in
the
zoning
ordinance
for
the
subject
use
proposed.
Small
wireless
facility
is
specifically
allowed
in
n3a
areas
with
the
cup
approval
process.
F
I
suppose
you
should
not
have
no
significant
detrimental
impact
to
the
use
of
enjoyment
of
neighboring
properties.
Again,
this
is
on
a
replacement,
mid,
amp
pole,
not
adding
anything
to
the
right
of
way
abusive
enjoyment.
Neighboring
properties
should
be
significantly
enhanced,
at
least
for
verizon
wireless
customers,
because
they
will
have
the
absolute
latest
and
greatest
wireless
technology.
They
should
future.
F
C
J
G
D
G
E
A
A
A
F
They
look
to
put
the
radios
as
high
as
possible,
so
we
try
to
go
at
30-35
feet
of
existing
use.
In
this
case.
I
think
this
shows
to
what
extent
we
were
willing
to
try
to
co-locate
on
an
existing
american
energy
asset,
just
the
difference
between
18
feet
and
30
feet
and
a
pretty
profound
impacts
on
these
relatively
limited
propagation
characteristics.
A
And
you
know
I'm
somewhat
familiar
with.
You
know
electrical
transformers
kind
of
like
those
little
cylindrical
garbage
cans
that
you
know
set
up
high
on
a
post
based
on
your
design
and
what
you've
laid
out.
Would
you
say
compared
to
what
would
be
a
transformer?
Are
these
smaller,
larger
about
same
size.
G
I'd
say
smaller
to
a
transformer
and
because
these
wrap
around
the
pole
they're
not
hanging
off,
because
I
feel
like
a
transformer
kind
of
hangs
off
right
a
little
bit
more.
So
these
are
more
integrated
within
the
pole,
and
you
know
one
unit
it
blends
in
a
lot
better.
Okay,
all
right
john!
Would
you
agree
with
it.
F
A
G
Each
yep
for
each
of
those
three
panels
that
wrap
around
the
pole.
Okay,
all
right-
and
I
will
say
those
the
transformers-
aren't
color
matched
to
the
pole,
so
we
so
if
we're
on
a
galvanized
steel
bowl,
we
would
paint
the
equipment,
a
silver
color.
I
believe,
for
this
equipment.
It's
brown,
I
think
it's
a
wood
pull
or
it
might
be
gray.
I
think
we've
determined
that
gray
blends
in
better
with
the
aged
wood.
A
Okay,
so
the
way
the
next
portion
of
this
agenda
item
works.
Is
there
anyone
in
the
audience
who
wishes
to
speak
in
support
of
the
applicant's
request,
anybody
that
wants
to
speak
in
support
of
granting
approval
for
this?
If
so,
you
can
step
up
seeing
none.
Is
there
anybody
that
wishes
to
speak
in
opposition?
That's
next
go
ahead
and
come
on
up
to
the
microphone.
C
D
Yeah,
thank
you
so
much.
My
name
is
michelle
taylor
frazier
and
my
husband
and
I
reside
at
2920
north
union.
So
we're
not
right
across
from
the
right-of-way.
We
are
the
house
on
the
corner
of
north
union
and
hull
avenue,
and
I
cannot
say
that
I
oppose
this.
I
had
questions
about
it.
I
understand
that
and
I'm
sorry
that
the
card
was
not
returned.
I
had
surgery
on
june
21st
sure.
D
So
when
I
got
to
a
place
where
I
could
look
through
the
mail,
I
was
like
well
I'll
just
come
to
the
actual
thing
and
ask
my
questions.
So
my
questions
were:
how
was
this
location
selected
and
I'm
a
phd
level
researcher?
So
I
always
just
when
I
have
questions
about
things
I
just
want
to
find
out
more,
so
I
can't
say
that
we
are
opposed
to
it,
but
I
do
have
concerns
about
anything
that
is
emitting.
You
know
radio
radioactive
waves,
things
like
that,
and
so
I
want.
A
Well,
michelle
what
we
can
do
here,
this
point
of
the
hearing.
It's
it's
to
take
your
statements.
The
appellant
has
an
opportunity
for
a
rebuttal
at
the
end
of
the
agenda.
So
if
they'd
like
to
address
your
questions,
then
they
can
do
that,
but
I
certainly
think
your
observations
and
your
questions,
that's
exactly
what
we
have
this
hearing
for,
sometimes
for
folks
when
you
get
your
card
in
the
mail
you're,
not
quite
sure,
there's
all
these
zoning
codes
and
the
definitions
are
pretty
basic
on
what
they're
asking.
D
Yes,
I
appreciate
that
and
I
don't
have
a
lot
of
in-depth
knowledge
on
it,
but
my
father
passed
away
a
couple
years
ago.
He
was
the
first
african-american
in
the
new
iowa
guard
and
he
designed
the
very
first
research
facility
at
fort
huachuca,
arizona
and
all
of
his
work
was
based
on
using
frequency.
So
there
was
a
lot
of
information
about
that
and
it's
changed
a
lot
since
1968
after
vietnam,
but
growing
up.
D
A
A
C
A
A
F
C
B
F
B
F
As
far
as
the
health
and
safety
concerns
and
we've
addressed,
that
the
fcc
has
a
giant
panel
of
experts,
scientists,
medical
professionals,
they
set
health
and
safety
standards
and
our
attorney
rob
hunter
has
a
handout.
I
think
I'd
have
to
provide
to
the
president.
This
is
just
an
interesting
handout.
This
is
also
just
some
additional
information,
and
hopefully
those
can
provide
some
answers
to
your
questions
about
our
health
and
safety.
F
F
Speed
benefits,
I'm
not
sure
if
too
many
people
think
real
hard
about
the
internet
at
home.
Mine
for
my
wi-fi
router
is
something
like
200
megabytes
per.
Second,
I
was
just
outside
of
city
hall,
running
speed
tests
to
my
phone
about
an
hour
ago
and
I
think
1.7
gigabytes
per
second.
So
this
is
a
generational
lead
in
technology
and
it
all
still
complies
with
the
fcc
health
and
safety
requirements
and.
F
A
A
Sometimes
we
may
want
to
you
know,
say
what
we
think
to
our
fellow
board
members
before
we
have
a
motion
for
a
vote
one
way
or
the
other,
but
I
always
remind
everybody
that
again
the
criteria
we
have
to
consider
in
our
decision
making
is
what's
laid
out
in
our
appropriate
iowa
code
and
our
city
ordinances.
You
know
those
primarily
relate
to
general
conditions
in
the
neighborhood
congestion,
light
property
values,
etc.
All
those
nine
conditions
listed
so
does
anybody
have
anything
they'd
want
to
start
off
with
for
conversation
and
discussion.
J
J
I
you
probably
are
way
more
than
I
am
so
it's
good
for
me
to
listen
to
information
on
how
these
are
set
up
and
I've
been
on
this
board
for
quite
a
few
years,
and
I
remember
when
we,
when
we
were
having
to
decide
on,
are
we
going
to
put
up
a
80
foot
to
100
foot
tower
with
a
big
out
building
and
with
chain
link
fence
around
it?
That
to
me
was
a
lot
more
heart-wrenching
in
terms
of
the
neighborhood
impact
versus
this
new
technology.
J
A
Okay,
all
right
all
right,
so
we've
got
a
motion
by
cindy
a
second
by
nathan
for
approval
of
the
requested
conditional
use
permit
for
this
item.
All
right,
all
those
in
favor
raise
your
hand
and
say
aye,
aye
and
opposed.
I
don't
think
we
have
any,
but
okay,
so
that
motion
carries
six
zero.
All
right!
Thank
you
all
for
coming
in
michelle.
Thank
you
for
coming
down
today.
If
you're
on
the
mend
here
looks
like
you're
doing
pretty
good,
but
we
appreciate
you
coming
down
today
for
our
process.
A
A
B
B
C
B
18
is
really
three
parts.
One
like
mel
said:
this
is
the
old
varsity
theater
they're,
renovating
it
and
restoring.
It
recently
went
to
the
landmark
review
board
and
is
in
the
process
of
being
designated
as
a
local
landmark,
but
it's
part
of
the
theater.
They
are
wanting
to
have
alcohol
sales,
so
the
first
part
is
the
conditional
use
permit
or
the
conditional
use
of
approval.
For
that
then
they're
also
wanting
a
series
of
signs.
B
Five
wall
signs,
totaling
117
square
feet
of
area.
So
that's
the
second
part,
and
then
the
third
part
is
that
they
would
like
to
have
two
of
the
signs
which
I'll
be
showing
you
here
shortly.
The
electronic
reader
board
signs
and
our
zoning
code
only
allows
electronic
signs.
If
it's
on
a
freestanding
monument
sign,
so
they
need
a
variance
of
the
provision
that
says
you
can't
have
an
electronic
breeder
board
sign
on
the
wall
of
a
building.
B
B
B
B
B
The
body
had
no
problems
with
them
doing
the
electronic
sign.
They
felt
that
that
would
still
be
in
harmony
with
the
historic
character
of
the
bill
of
the
structure.
So
I
just
wanted
to
point
that
out
that
the
landmark
review
board
really
did
not
have
a
problem
with
them
using
the
electronic
reader
boards.
C
A
C
B
B
B
However,
that
final
appeal,
which
is
the
zoning
variants
for
the
electronic
reader
board
signs
in
order
to
grant
the
variance
they
need
to
meet
the
test
of
a
hardship
which
says
without
the
variance
there's
no
other
economic
use
of
the
property
which
it's
a
very
hard
standard
to
meet.
So
staff
has
recommended
denial
of
that
appeal.
B
We
feel,
and
if
that
was
denied,
they
could
still
have
a
reader
board
signed
there.
It
just
would
have
to
be
static
or
with
the
changeable
letters
and
not
electronics,
so
they
couldn't
change
it
from
the
comfort
of
their
building.
They'd
have
to
get
out
there
and
and
change
the
letters
when
they're
changing
shows,
so
I
can
leave
the
conditions
up
for
the
conditional
use.
It's
just
the
standard
conditions
that
this
board
is
used
to
seeing
about
you
know
just
said
any
sale
of
alcoholic
liquor.
B
Wonder
beer
must
be
accessory
to
a
theater
assembly
use
within
the
existing
building.
They
need
the
the
required
permits
and
licenses
from
the
clerk's
office.
They
need
to
comply
with
the
noise
ordinance
again.
I
won't
read
through
the
last
but
there's
standards
and
we
had
recommended
approval
of
the
three
type
twos
just
subject
to
issuance
of
all
necessary
sign
permits
from
the
permit
development
center.
And
then
we
have
recommended
denial
of
that
variant.
A
B
C
A
Not
not
to
necessarily
be
an
advocate
per
se
for
the
applicant,
but
just
with
some
fundamental
questions
on
what's
being
presented
here.
So,
okay,
just
with
that
in
mind,
then
board
members,
any
questions
for
bert,
because
we're
not
going
to
have
anybody
presenting
on
behalf
of
the
applicant.
Are
there
any
questions?
You'd
have
about
this
project
just
generally
speaking,
cindy.
C
B
J
A
A
Okay,
but
it
was
used
as
a
light
up
sign
on
the
front
kind
of
historically,
since
the
theater
had
operated,
they
had
a
lighted,
big
front
sign,
but
again
it
was
backlit.
It
wasn't
considered
electron
right,
okay,
now
electronic
signage
in
the
city
ordinance,
I
don't
have
it
memorized,
but
I'm
assuming
electronic
signage
means
things
that
are
led
lcd,
oled
pixels.
B
A
B
A
C
A
They
want
to
update
it
right.
That
would
still
be
an
electronic
sign
right
right
and
therefore
yeah
regardless,
if
it
even
if
it
doesn't
change
for
a
week
at
a
time,
you'd
still
consider
it
electronic
right
because
of
the
type
of
lighting
and
how
it's
controlled,
yeah.
Okay,
all
right
all
right,
I'm
following
you
there,
okay.
A
A
H
H
A
L
L
Yeah,
we're
not
in
the
board
deliberation
part,
but
I
mean
to
meet
a
variance
test.
You
have
to
show
not
only
that
it
fits
the
essential
character
of
the
locality
of
the
landing
question,
which
I
think
the
the
other
board
sounds
like
they've
kind
of
addressed
that
at
some
level,
although
we
would
have
our
own
independent.
L
A
B
A
So
a
related
question
here
bert
now
there
have
been
times
when
electronic
you
know
signs
or
reader
boards
are
allowed
in
districts
and
even
when
they
are
allowed,
sometimes
staff
has
recommended
conditions
or
we've
recommended
conditions.
Where,
like
I
think,
with
des
moines
public
schools,
we
had
a
few
where
hey
it's
got
to
be
dim
to
a
certain
something
candle
power,
or
maybe
the
message
can't
change
more
than
x
seconds
right,
you've
seen
where
there's
been
conditions
that
have
been
placed
on
some
of
that
correct
yeah.
A
Sometimes,
when
I
walk
down
the
street
in
certain
neighborhoods,
I
think
there's
lightning
in
the
background
and
there's
not
right.
It's
that
electronic
billboard,
that's
changing
every
eight
seconds
and
there's
small
lighting
flashes.
So
there
could
be
the
possibility,
even
without
a
residential
setting,
that
a
very
bright
electronic
reader
board
could
potentially
put
out
some
disruptions.
That
would
that
be
yeah,
something
that's
possible
that
could
occur.
Yeah,
okay,.
A
If
and
not
necessarily
with
their
proposal,
because
yeah,
but
but
I've
seen
that
before
with
some
others-
yes,
yes,
I've,
I've
stood
across
in
the
roosevelt
shopping
center
in
the
summer
one
night,
I
actually
thought
there
was
a
minor
lightning
in
the
distance
I'm
like.
Oh,
it
was
just
that
electronic
billboard
changing
every
eight
seconds
yeah.
I
don't
want
to
say
whose
place
it's
on
top
of,
but
yeah
it's
in
the
neighborhood.
L
Included
in
the
packet,
but
the
the
references
to
section
134
5.7
to
talk
about
electronic
signs,
but
there's
not
actually
they're,
not
actually
prohibited.
They're,
just
you're
they're
only
allowed
on
monument
signs
is
that
right,
and
so,
if
they
wanted
to
have
an
electronic
sign,
they
could
they
would
just
need
to
be
on
a
monument
sign
and
they
probably
they
don't
have.
A
K
Cool
eric
lendy
zoning
enforcement
officer-
one
thing
I
should
point
out
is
just
in
this
latest
round:
the
council
did
take
the
opportunity
to
modify
the
criteria
for
a
number
of
the
signs.
One
one
sign
they
didn't
mess
with.
Was
the
electronic
display
signs.
So
there
wasn't
an
urgency
on
their
part
to
sort
of
accommodate
a
new
technology
or
something
like
that.
E
K
D
K
K
K
B
And
down
here
in
this
appeal,
you
can
see
it
says
really
verbatim
what
the
code
says.
It
says:
electronic
or
multi-vision
multivision
display
can
only
be
located
on
the
monument
sign,
with
no
more
than
24
square
feet,
utilized,
electronic
or
multi-vision
display,
or
on
a
general
advertising
sign
with
the
billboard.
A
We
have
the
separate
the
varsity
sign
vertical,
with
some
other
exception
levels-
yeah,
okay,
all
right
so,
but
the
size
of
what
they're
proposing
on
the
bump
out
that
potentially
they're
requesting
electronic.
It's
about
five
square
feet
larger
than
what
would
be
allowed
right
if
it
was
a
backlit
sign.
A
So
what
I'll
do
in
the
transition
here?
So
the
applicant-
I
don't
believe,
is
here,
but
is
there
anybody
who
wishes
to
speak
in
support
of
the
applicant
either
a
signed
contractor
anybody
from
the
neighborhood
or
the
theater
association?
Anybody
wants
to
speak
in
support,
okay,
seeing
none
is
there
anybody
that
wants
to
speak
in
opposition
to
this
item
from
the
audience.
A
Anybody
in
speaking
neutrality,
just
general
comments
related
to
the
item.
Okay,
seeing
none!
I
don't
think
we
have
any
further
questions
for
staff
anybody
and
there
is
no
appellant
to
rebut
so
we'll
go
ahead
and
close
the
public
portion
now
and
go
to
our
deliberation.
So
any
general
thoughts,
ideas
concerns
anybody
want
to
start.
J
Well,
I
personally
am
very
excited
about
this
venue.
It's
a
it
was
my
old
stomping
grounds
for
years
and
when
they
closed,
I
was
really
sad
and
I
think
the
owners
are
are
trying
to
do
a
really
good
job
of
kind
of
bringing
back
the
pizzazz
kind
of
give
it
a
new
york,
broadway
sort
of
showing-
and
you
know
I
believe,
they've
met.
They
have
a
couple
hardships
number
one:
they
don't
have
any
space
for
monument
sign.
J
Obviously,
there's
a
sidewalk
out
front:
there's
there's
not
a
lot
of
space
in
the
areas,
as
most
people
know
if
they've
been
in
the
area
and
also
to
think
to
have
them
out
physically
changing
that
sign
seems
ridiculous
to
me.
I
I
think
I
would
go
along
with
the
electronic
signs,
possibly
make
them
smaller,
not
not
as
wide,
maybe
to
be
more
in
it
more
fitting
with
the
current
sign
sizes.
J
H
Exactly
I
do
she
said
she's,
like
reading
my
mind
completely
on
agreeing
to
make
them
a
little
bit
smaller
and
having
it
electronically
to
bring
up
to
make
it
a
nicer.
I
mean
it
still
looks
very
good,
so
I
I
was
thinking
the
same
exact
thing.
If
we
could
actually
just
make
them
a
little
bit
smaller.
A
Now
something
to
keep
in
mind
depending
on
where
we
would
go.
If
that
would
be
a
motion
down
the
line,
we
have
to
give
a
fair
amount
of
context
to
what
we
want
to
do
so.
Do
we
want
to
say
they
have
to
stay
within
the
signage
allowance,
so
they
couldn't
have
the
five
extra
square
feet
of
the
exception.
A
If
we
want
to
play
a
card,
we
have
to
say
what
parameters
we
want
to
that,
because
staff
won't
say
well.
I
would
then
suggest
that
you
make
it
15
feet.
It'll
have
to
be,
if
you
say
you
want
it
smaller
under
what
parameters?
What's
the
reasoning
and
then
do
we
have
the
ability
to
apply
that
and
judy
just
conversationally,
you
know.
A
Sometimes,
if
somebody
wants
something
they're
not
allowed,
then
maybe
we
say
well
if
you
want
that
in
order
to
preserve
the
general
intent
of
the
ordinance,
we're
going
to
ask
you
for
something
else.
In
other
words,
you
want
to
make
the
garage
a
little
taller
than
it's
allowed,
sometimes
we'll
say.
Well,
then
the
siding
has
to
match
the
main
house.
Otherwise
you
can
build
a
garage
and
it
doesn't
have
to
match
generally
speak
so
with
that,
just
to
kind
of
give
around
a
little
context
for
this.
Yes,
that.
C
L
So
yeah
so
I
mean
you
heard
probably
an
inkling
of
where
I'm
going
to
go
earlier
when
I
was
describing
the
variance
test,
but
I
don't
think
they've
met
it.
I
am
grateful
that
the
city
council
has
adjusted
the
code
to
allow
for
more
flexibility
and
easily
kind
of
achieved
flexibility
with
signs.
I
think
that's
pretty
reasonable.
L
C
L
Here
to
apply
the
law
and
I
don't
think
they've
met
the
test.
You
know
the
city
council
in
its
infinite
wisdom,
has
been
pretty
restrictive
on
these
types
of
signs.
So
if
it
were
up
to
me,
although
I'll
allow
for
or
you
know,
other
people
can
chime
in,
so
I'm
not
going
to
make
a
motion
yet.
But
if
up
to
me
I
think
staff
recommendation
makes
sense.
E
Yes
also
excited
about
this
project,
but,
like
nathan
has
pointed
out,
you
know
it's
not
meeting
the
variance
test,
and,
along
with
that,
you
know
the
the
city
council
did
have
a
chance
to
modify
this
particular
portion
of
signage
regulations
and
they
they
didn't
touch
it.
So
I
think
their
intent
is
is
is
well
taken.
I
also
think
in
terms
of
reverting
back
to
the
historical
context
it
it
almost
seems
like
the
reader
board
is
actually
more
historically
appropriate.
E
A
A
When
I
look
at
this,
when
I
see
the
intent
of
the
variance
test,
we
are
meeting
a
huge
huge
majority
of
this,
because
a
lot
of
the
a
lot
of
the
key
ones
that
I
think
the
community
has
the
concern
about
what
would
be
seen
what
the
impression
it
would
give
the
character
would
be.
Does
it
alter
the
essential
character
of
the
locality
land
in
question?
A
No,
it's
movie
theater
people
expect
to
see
a
lit
sign
of
some
type
on
it
number
two:
is
it
related
specifically
to
the
land
in
question
and
not
to
the
general
conditions
of
the
neighborhood?
Well,
it
is
related
to
land
in
question.
It's
a
theater.
It
has
a
marquee
on
it.
It
has
historically
been
there
now
the
lighting
might
have
been
a
little
different,
but
generally
yeah,
it's
not
unique
circumstances
the
owner's
own
making
it
was
a
theater.
It
is
a
theater.
A
A
Then
it
don't
work
for
a
theater.
What
are
we
going
to
do
with
it
a
little
hard
to
tear
a
building
down
and
put
a
new
one
in
there
when
you've
got
two
buildings
next
to
it,
that
they
don't
own?
That
would
limit
how
they
can
redevelop
their
property.
Just
generally
speaking,
it
might
be
a
very
difficult
thing
to
do.
You've
got
a
building
tied
into
a
commercial
frontage
in
a
neighborhood
district.
A
To
me
it
would
be
very
difficult
to
just
say
well
start
over
and
do
something
else,
sometimes
that
accommodation
of
adaptive
reuse
is
more
challenging
than
people
think
so.
So
I
think
that
there
are
some
issues
related
to
land
in
question,
including
the
attachment
proximity
and
design
of
the
neighboring
businesses
and
this
structure
that
would
make
it
difficult
to
just
pop
something
else
in
there.
A
But
that
said,
I
just
don't
want
to
see
a
big
old
electronic
sign,
blurting
out
with
bright
white
lights.
Here
I
would
probably
be
inclined
to
say
if
we
would
want
to
do
this,
or
a
majority
wanted
to
do
it,
that
we
need
to
have
them
fine
tune.
What
an
electronic
sign
would
do,
maybe
it
is,
it
doesn't
have
the
bright
white
lighting
as
the
background
it
has
to
be.
The
darker
color
has
to
be
your
background.
Your
letters
are
a
lighter
color.
A
The
lighting
is
reduced
in
its
candle
power,
wattage
or
however,
the
city.
Does
it
there's
a
term
for
that?
We've
asked
the
des
moines
schools
to
do
that
repeatedly,
and
you
know
what,
if
it's,
to
put
your
marquee
up
there,
grand
opening
or
now
showing
I
I
don't
like
the
the
legal
ones
that
get
a
change
every
8.1
plus
seconds.
I
hate
those
I'd,
love
to
see
it.
Where
hey.
A
You
know
what
your
message
can't
change,
but
once
every
60
seconds,
or
something
or
even
great,
if
I
was
to
look
at
approving
it,
I'd
like
to
find
a
way
that
the
electronic
board
could
be
reduced
to
the
scale
of
the
property
and
and
not
to
take
what
justin's
intent
was
and
malign
it
from
what
he
was
saying,
but
I'd
like
it
to
then
be
more
of
what
it
was
intended
to
be,
which
was
now
showing
versus
hey.
This
is
a
changing
commercial.
Every
30
seconds-
I
don't
think
I'd-
want
to
see
that
myself.
A
So
those
are
some
other
thoughts.
There's
a
number
of
ways
to
approach
this.
We
could
see
if
there's
a
motion
on
the
table
it
doesn't
have
to
be
to
approve.
It
could
be
a
motion
to
approve
parts
and
deny
others.
If
that
motion
fails,
then
we
could
look
at
some
other
motions
and
judy
help
us
out
here.
Could
the
board
look
at
maybe
breaking
down
some
of
this
and
saying?
Well,
let's
look
at
the
general
conditional
use
to
allow
for
the
sale
of
alcohol.
We
haven't
even
touched
on
that,
but.
D
A
We
have
a
lot
of
theaters
in
des
moines
that
have
done
that.
Flix
brew
house,
floor
cinema
well-regarded
places
with
the
board
and
again
it
could
be
from
one
of
the
members.
Would
the
board
want
to
look
at
making
some
motions
to,
in
essence,
kind
of
deal
with
some
some
business
that
might
be
a
little
easier
to
decide
per
se?.
I
Yes,
in
fact,
I
would
encourage
that
it's
often
complicated
when
we
have
multiple
and
very
different
requests,
all
coming
in
one
application
to
have
a
comprehensive
motion
made
that
can
be
well
discussed.
So
if
there
are
particular
components
here
we
have
a
conditional
use
permit,
we
have
exceptions,
plural,
and
then
we
have
a
variance.
It
might
be
easiest
for
you
to
accomplish
your
business.
A
E
A
A
second
okay,
all
right,
second,
by
marvelous,
so
we'll
go
ahead
and
take
a
vote
on
granting
the
conditional
use
related
to
the
sales
of
alcohol,
liquor,
wine
and
beer
for
on-premise
consumption
at
this
location.
All
those
in
favor
granting
the
conditional
use
permit,
raise
your
hand,
say
aye
and
opposed
would
be
none
all
right,
so
that
motion
carries
six
zero
on
that
part,
so
the
second
part,
depending
how
the
board
wants
to
whittle
this
down.
A
I
might
suggest.
First
of
all,
we
have
two
exceptions
just
relating
to
the
amount
of
square
footage
of
signing,
so
we
could
just
potentially
look
at
the
square
footage
of
signage
and
decide.
Would
we
agree
with
the
exception
request?
Do
we
want
something
different
than
that,
or
do
we
not
agree
with
it
so
subject
to
anybody
else's
thoughts?
A
L
A
A
I
just
wanna
get
her
in
the
mix
here
all
right,
so
we
got
a
motion
by
nathan
and
a
second
by
ronda,
to
approve
the
exceptions
related
to
the
number
and
square
footage
of
the
signs,
as
proposed
all
those
in
favor.
Of
granting
those
exceptions.
Raise
your
hand,
say
aye,
okay,
so
that
carries
five
zero.
A
I'm
sorry,
yeah
and
and
one
of
those
exceptions
we
we
we
had
the
number
and
and
area,
but
there
is
a
related
exception
related
to
the
vertical
clearance
for
the
projecting
sign.
So
nathan
was
your
intent
to
approve
that
as
well
and
rhonda
was
your
intent
on
the
second.
Yes,
the
same
and
board
members,
we
voted
to
approve
that
unless
there
was
any
other
intent
in
your
approvals,
if
so
stayed
as
such.
Otherwise,
all
three
of
those
exceptions
are
approved.
Okay,
just
want
to
clarify
that
very.
I
A
C
A
How
often
it
can
change
what
is
shown
on
the
sign
and
maybe
even
there's
a
term
for
it,
but
the
but
the
the
you
know:
luminosity
yeah,
the
luminosity,
and
you
know
the
lighting
of
the
characters
versus
the
backlighting.
There's,
there's
a
there's,
a
there's,
a
term
for
that
how
how
those
two
go
together.
A
B
If
tyler,
you
can
hear
me
if
you
want
to
transfer
move
over
to
the
document
cam,
oh
there
we
go.
So
this
is
the
city
section
of
city
code
that
regulates
electronic
multivision
displays
and
the
brightness
down
here:
okay
or
whether
that
or
whether
allowed
on
electron
monument
signs.
Okay,
these
are
the
requirements
that
would.
A
A
A
B
A
C
A
Like
to
second
that
to
allow
for
the
electronic
sign,
but
with
some
related
conditions,
if
staff
can
help
as
need
be
to
clarify
that
to
make
sure
it
fits
in
the
lighting,
the
the
illumination
shall
be
within
the
parameters
of
the
candelas
or
knits
for
daytime
or
nighttime
hours.
As
listed
in
the
code,
I'd
like
to
see
that
the
any
letters
or
words
are
the
lighter
color
or
the
brighter
color,
and
that
background
of
the
lit
portion
is
the
darker
color.
So
it
doesn't
project
as
much.
I
don't
know
if
I'm
getting
too
artistic.
A
A
K
A
A
It's
changing
over
there,
because
the
total
amount
of
signage
cannot
change
greater
than
every
30
seconds
in
any
one
regard.
Does
that
make
sense?
Colleagues,
okay
and
I
think,
trying
to
stay
within
some
reason
there.
That
would
be
it.
Is
that
clear
enough
for
the
record
judy?
Yes,
all
right,
so
so
cindy's
motion,
my
second
with
those
two
related
conditions
about
illumination
and
and
sign
changing
so
we'll
see
what
happens.
I
A
Okay,
yeah,
I
want
to
get
that
is
cool,
okay,
good!
Thank
you,
cindy,
okay,
so
we're
gonna.
So
we've
got
a
motion
in
a
second
with
conditions
to
grant
a
variance
to
allow
for
the
electronic
signage.
So
we'll
take
a
vote
on
that
to
see
what
happens.
So
all
those
in
favor
of
granting
the
variance
with
the
requested
conditions
raise
your
hand
say
I
one
two
three,
those
that
would
be
opposed,
one
two,
three,
so
by
board
procedure
that
motion
fails.
A
C
A
A
A
Okay,
so
so
that
motion
fails
so
we've
granted
the
conditional
use
permit
request
to
allow
for
the
operation
and
we've
granted
the
size
of
the
signage,
but
in
this
case
we
have
not
granted
a
variance
to
allow
for
the
electronic
sign.
Okay.
So
that
concludes
that
agenda
item.
We
have
minutes
anybody
present
from
the
last
meeting.
L
L
B
A
I
A
A
B
Other
business,
yes,
I
did
want
to
introduce
frank
dun
young
he's
with
us.
I
think
I
met
introduced
a
month
on
a
virtual
meeting,
but
we
have
him
here
today
in
the
flesh
he's
going
to
be
transitioning
to
become
the
primary
lead
for
board
of
adjustment,
he's
still
wrapping
up
his
site
plan
review
and
plot
review
responsibilities,
so
I'm
still
helping
out
more
than
it
will
be
in
the
future.
But
I
wanted
to
point
out.
We
have
frank
here
and
then
that's
awesome
behind
him
is
jimmy
he's
one
of
our
new
zoning
inspector.
K
A
So
jimmy's
new
to
city
employment,
nope
you've
been
here
for
a
long
time,
city
survey
department
surveyed
for
about
16
years,
16
years,
cool
and
frank.
How
long
have
you
been
with
the
city?
I've
been
with
the
city
for
13
years?
Okay,
all
right,
so
you
bring
a
lot
of
background
to
what
you
guys
will
be
doing
to
help
us
out
here.
That's
great
so
well
great
appreciate
the
introductions
anything
else.
We
need
to
do
just
try.