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From YouTube: 6-23-21 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, June 23, 2021.
Agenda: https://DSM.city/ZBOAatHome
A
A
A
I've
just
got
my
camera
on
here
to
welcome
everybody
today,
as
we
review
our
board
procedures
and
introduce
our
staff,
but
then
I'll
go
ahead
and
switch
my
camera
off,
so
we
can
save
a
little
bandwidth
and
some
connectivity
here.
Our
zoning
board
of
adjustment
members
present
today
are
nathan
blake,
our
vice
chair
of
the
board,
cindy
smith,
marlis
jones
dave,
gere,
justin
gross,
I'm
mel
pins,
the
board
chair
and
lynne
carlson
is
absent.
Today.
Is
that
correct,
bert.
A
Nope,
that's
okay,
so
we've
got
six
of
our
seven
members.
In
fact,
I
believe
that,
after
a
good
length
of
service,
lynn,
carlson
had
recently
resigned
she's
going
to
be
moving,
so
we
wish
her
well
and
will
be
welcoming
a
new
member
to
the
board
next
month,
I'll
go
ahead
and
introduce
city
staff.
Here
briefly,
legal
counsel
to
the
zoning
board
of
adjustment
is
judy
parks,
cruz.
A
Our
city
planners
that
we'll
be
presenting
today
are
bert,
drost,
city,
planner
and
catherine
drejas
city
planner.
Also
present
with
us
is
the
deputy
director
of
the
neighborhood
services
department,
suanne
donovan,
our
zoning
enforcement
officer,
eric
lundy
and
our
meeting
moderator
kind
of
our
behind
the
scenes.
Guy
is
tyler
hall,
so
I'll
go
ahead
and
cover
our
meeting
procedures
here.
For
some
of
you,
this
may
be
your
first
time
at
the
board
of
adjustment.
A
A
A
A
A
A
Then
the
appellant
or
their
representative
will
be
allowed
up
to
10
minutes
to
present
their
appeal.
We
will
then
move
to
the
public
comment
portion
of
the
hearing
for
that
item.
Anyone
wanting
to
speak
in
support
of
opposition
to
or
in
neutrality
of
the
appeal
at
hand
will
be
allowed
up
to
five
minutes
each
to
provide
their
comments.
A
A
The
meeting
moderator
will
then
know
to
call
on
you
when
you've
been
called
on
the
meeting
moderator
will
unmute
your
microphone
and
will
acknowledge
you
to
proceed
with
your
comments.
If
you're
participating
over
the
telephone,
you
must
press
star
6
to
unmute
and
again
we'll
remind
you
of
all
this
as
we
go
through.
A
A
A
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.
If
you
would
need
to
obtain
any
necessary
building
or
sign
permits
related
to
your
appeal,
this
will
allow
significa
or
sufficient
time
so
that
the
decision
of
this
board
can
be
documented
in
the
form
of
a
decision
and
order
which
will
be
be
provided
to
you,
as
well
as
to
city
staff.
A
A
Any
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
is
part
of
the
permanent
record.
You
may
contact
city
staff
after
the
hearing.
If
you
need
a
copy
also,
we
ask
that
you
keep
your
microphone
on
mute
other
than
when
addressing
the
board
in
order
to
limit
distractions
during
the
hearing.
A
C
Sure,
mr
chair
members
of
the
board,
the
only
two
changes
that
I
would
have
today
are
the
items
number
two
which
is
an
appeal:
a
set
of
appeals
at
1207
25th
street.
They
have
requested
a
continuance
to
the
july
28
meeting
and
then
item
number
four,
which
is
a
pair
of
variances
at
111
east
grand
avenue.
They
have
also
requested
a
continuance
to
the
july
28
board
of
adjustment
meeting.
A
C
Sure
yeah
on
number
two
they've
requested
a
continuance
so
that
they
can
expand
the
amount
of
signage
that
they
would
like.
We
had
just
notified
it
for
the
one
projecting
sign
in
two
signs
on
their
marquee
for
the
theater
and
they're
wanting
to
either
expand
the
size
of
those
signs
or
add
additional
signage,
so
we'll
need
to
figure
out
what
exactly
they
want
and
then
we'll
have
to
mail
out
new
public
notices
that
reflect
that.
C
Then,
on
item
number
four,
they
want
to
add
two
signs
to
the
fourth
floor
of
the
building.
The
current
code
requires
these
to
be
considered
as
variances.
However,
there
are
some
text
amendments
that
the
city
council
is
currently
set
to
consider
next
monday
june.
28Th
that,
if
granted
or
approved,
would
allow
these
appeals
to
be
considered
as
type
2's
only
exceptions,
so
they're
wanting
to
continue
to
the
july
meeting.
So
they
can
see
how
the
council
amendments
play
out.
A
A
F
C
A
A
E
A
A
H
Mr
excuse
me,
mr
chair
members
of
the
board
catherine
dray
house
planner
for
the
city
of
des
moines.
As
mentioned,
this
property
is
located
at
3619,
ingersoll
avenue.
We
did
say
vicinity
because
it
does
include
a
parcel
to
the
rear
of
the
street
facing
property,
and
it
only
includes
us,
the
most
eastern
bay
of.
D
H
Decision
in
order
when
they
were
before
the
board
in
2019,
and
to
include
that
patio
area
I'll
note
that
they
are
limited
to
no
outdoor
performances
or
amplified
sound
on
the
patio,
and
we
also
did
put
that
all
outdoor
lighting
should
be
directed
downward
with
the
light
source
not
directly
visible
from
the
surrounding
properties
and
the
rest
of
our
conditions
are
pretty
typical.
I
did
include
the
original
decision
in
order.
If
we
need
to
refer
back
to
it
and
then
we
did
have
a
few
cards
come
back
in
you
can
see.
H
H
Okay,
one
last
card,
and
then
we've
got
an
email
from
the
appellant
summarizing
their
outreach
process
to
the
neighborhood.
They
hosted
an
open
house
and
then
they
provided
us
the
information
they
received.
They
did
not
receive
any
emails
phone
calls,
and
so
they
have
not
made
any
changes
to
the
proposed
plan
at
this
time.
A
Catherine,
you
I
appreciate
you
noting
that
you've
asked
for
some
specific
controls
on
any
noise
from
any
you
know,
music
amplified
or
performances,
as
well
as
the
lighting.
I
take
it.
That's
because
there's
some
some
nearby
residential
with
some
apartments
and
maybe
some
some
other
residential
in
the
neighborhood.
So
I'm
assuming
from
staff's
perspective,
you
you
feel
like
this
would
not
be
a
detriment
to
surrounding
residents.
Is
that
correct.
H
Yes,
they
do
back
up
to
some
residential
and
then
there's
multi-family
just
to
the
east,
and
so
we
just
wanted
a
few
additional
things
and
then
I'll
note
that
we
have
our
standard
condition
that,
should
there
be
any
issues,
the
zoning
enforcement
officer
could
bring
them
back
before
the
board.
Okay
to
discuss
those
and
any
potential
solutions.
H
A
C
D
A
Okay,
all
right
well
we'll
go
ahead
and
then
move
to
the
appellant
can
address
the
board
and
present
their
reasoning
for
their
request.
For
this
amendment,
to
the
conditional
use
permit
request
and
whoever
wants
to
speak
for
the
appellant
hit,
the
raise
hand,
icon
or
star
nine
on
your
phone,
we'll
have
staff
recognize
you.
We
need
you
to
then
give
your
name
and
address
if
you're
here
in
a
business
capacity.
The
address
your
business
is
fine
and
you
got
up
to
10
minutes.
I
H
I
Excellent,
my
name
is
david
marin
von
ebers,
I'm
the
owner
of
bartender's
handshake.
Our
address
is
3615
ingersoll
avenue
as
part
of
the
parcel
that
is
3619
ingersoll.
Thank
you
so
much
for
addressing
this
issue
and
giving
us
the
time
to
speak.
Also
we're
very
thankful
to
the
city
of
des
moines
for
providing
us
with
the
opportunity
to
use
the
lot
behind
our
business
during
covid
for
the
dine
out
des
moines
program.
I
I
We
started
to
feel
comfortable
as
numbers
came
down
and
we
had
some
other
ways
to
mitigate
people
inside.
So
this
was
really
born
out
of
necessity,
but
rather
than
just
kind
of
throwing
tables
up
in
the
back
area
and
just
kind
of
haphazardly
trying
to
make
money,
we
invested
a
lot
into
making
it
an
oasis,
a
space
that
people
want
to
be
in.
We
painted
the
lock
green
to
imitate
grass
and
or
astro
turf.
I
We
built
flower
boxes
for
our
fencing
to
add
some
color.
We
invested
in
vintage
furniture
to
kind
of
get
a
unique
feel
that
matches
the
inside
of
the
bar
and
some
of
our
antique
glassware.
So
we
really
tried
to
make
this
a
livable
space
and
throughout
the
process,
we've
received
many
many
compliments
from
our
guests
as
a
as
a
welcome
addition
to
the
neighborhood.
I
Also
throughout
this
time
we
we
started
seating
guests
on
the
patio
in
july
of
2020,
so
we've
been
operating
for
almost
a
full
year
and
I
have
not
directly
received
any
complaints
from
neighbors
about
noise.
We've
been
very
conscientious,
we're
not
you
know,
throwing
a
party
patio
and
bump
in
music
as
loud
as
we
can.
We've
got
people
spread
out
seated
at
tables
at
all
times
and
are
trying
to
be
as
respectful
as
possible
for
the
neighborhood
so
moving
forward.
I
We
are
succeeding
more
people
inside
now,
but
we're
still
keeping
people
separated
before
the
shutdown
and
quarantine
caused
by
covid.
We
were
jamming
people
in
obviously
under
our
capacity,
but
but
it
was
crowded
in
a
way
that
I
don't
think
people
would
be
comfortable
with,
even
as
we
move
into
a
vaccinated
future.
I
I
We
would
like
to
put
a
ramp
that
would
be
ada
accessible
from
the
back
entry
for
our
bay
and
just
make
it
look
even
nicer
and
make
it
more
of
an
addition
to
the
neighborhood
that
we
think
would
increase
property
values
and
just
be
something
for
people
to
enjoy,
and,
like
bert
mentioned,
we
are
directly
pretty
much
next
to
el
patio,
who
has
been
operating
a
very
similar
patio
setup
for
years
and
years.
So
we
don't
think
we
would.
I
We
would
do
anything
differently
than
what
they're
doing,
and
we
think
that
the
neighborhood
has
has
enjoyed
that
and
we
don't
see
why
ours
would
be
any
more
of
a
disservice.
I
will
say
one
thing:
I
noticed
one
of
the
cards
that
came
back
was
on
parking
and
we
have
reached
an
agreement
with
a
neighbor
for
parking
that
I
was
informed.
We
would.
F
I
Moving
forward,
but
anyway,
that
that
is
a
place
for
our
staff
and
tenants
of
the
building
to
park
to
alleviate
some
of
those
parking
concerns.
So
we
hope
that
that
would
not
be
a
detriment
to
the
neighborhood,
as
stated
there,
and
I
believe
that's,
that's
all
I've
got.
Thank
you
so
much
for
the
time.
We
really
think
this
would
be
a
great
addition
to
the
neighborhood
and
to
the
city,
and
we
respectfully
hope
to
move
forward
with
the
plan.
A
E
I
I
Seven
days
a
week
we're
open
seven
days
a
week
now,
just
until
midnight
we
do
plan
to
eventually
move
back
to
2
a.m
for
bar
service.
I
would
not
imagine
that
the
patio
would
be
open
anywhere
near
that
I'm
not
100
sure
what
the
regulations
would
be
moving
forward
with
a
permanent
patio
request,
but
we
are
limited
on
our
hours
right
now
from
the
dine
out
des
moines
program.
A
A
F
Yes,
thank
you
very
much
and
I
appreciate
the
opportunity
to
speak
to
the
board.
My
name
is
paul
von
evers.
My
address
is
2501
thornton
avenue
in
des
moines,
as
you
might
guess,
from
the
last
name,
I'm
related
to
dave,
I'm
his
father
and
I
also
help
out
by
doing
a
large
amount
of
the
maintenance
work
and
helped
him
put
the
patio
together.
So
I
won't
take
the
full
five
minutes.
A
A
A
H
A
G
Right
this
is
legal
counsel,
because
the
that
particular
closing
hour
would
be
what
would
be
established
under
their
state
alcoholic
beverage
license,
and
this
that
comes
to
the
city,
so
in
in
this
case,
unless
you
set
some
restrictive
hours
that
are
shorter
than
that,
they
would
be
allowed
to
be
open.
Consistent
with
that
liquor,
licensing.
A
Okay,
all
right
so
at
this
stage
of
the
hearing,
then,
if
there's
no
further
questions
david
is
a
courtesy
you
usually
for
appellants
rebuttal
up
to
three
minutes.
That's
usually,
if
there's
you
know
has
been
somebody
that
has
been
concerned
or
expressed
disapproval
or
given
comments
against
it,
but
you
know:
do
you
have
anything
else?
You
want
to
say
in
closing.
A
J
Justin
grosser,
maybe
there's
someone
else
that
just
chimed
in
go
ahead.
Justin.
Thank
you,
chair
and
fellow
board
members.
This
is
a
bar
or
an
establishment.
That's
in
my
neighborhood
I've
been
there.
I
think
it's
a
great
addition
to
the
neighborhood
and
it
looks
like
staff
has
has
put
in
some
good
conditions
that
are
good
safeguards.
A
A
Great
all
right,
well
david
thanks
for
coming
down
to
present
today
and
just
as
a
reminder,
certainly
for
you,
but
just
for
everyone's
education,
if
you're
planning
to
install
any
kind
of
fencing
or
other
construction
beyond
what
you've
already
had
approvals
for
from
the
city,
please
check
with
the
permit
and
development
center
because
you
may
need
some
permits
for
your
fencing
or
permanent
construction
there.
So
thank.
C
Yes,
mr
chair
members
of
the
board,
bert
ross
planning
staff
for
the
city
of
des
moines.
The
request
before
you
would
allow
for
expansion
of
an
existing
gas
station
convenience
so
store,
and
I
would
point
out
that
this
convenience
store
already
sells
liquor.
In
fact,
it
has
sold
liquor
since
before
20
2012,
when
the
city
started
to
require
these
conditional
uses,
also
in
2018
the
board
of
adjustment
granted
a
conditional
use
that
would
have
allowed
them
to
build
a
new
building
on
the
site.
C
However,
they
did
not
use
that
relief,
but
they
are
now
coming
forward
with
a
new
proposal
to
just
basically
double
the
size
of
the
existing
building.
So
the
site
is
located
on
the
west
side
of
east
14th
street
close
to
the
north
city
limits
is
a
fairly
large
parcel.
It
includes
a
convenience
store
building
here
with
the
fuel
pumps
out
in
front
along
east
14th
street.
There's
a
significant
number
of
significant
wooded
area
here
that
separates
the
use
from
the
residential
neighborhood
immediately
to
the
west.
C
Here's
a
sketch
that
shows
what
they
are
proposing.
It's
kind
of
hard
to
see,
but
if
you
figure
north
is
to
the
right,
the
existing
fuel
canopy
is
located
in
this
general
location
and
then
the
existing
building
is
right
about
here,
and
this
shows
the
expanded
footprint
of
the
building.
So
with
the
addition,
it
would
be
over
2400
square
feet
of
area,
so
still
not
real
big,
but
about
twice
as
large
as
it
is
today
and
here's
a
rendering
of
what
they
would,
how
they
would
have
the
facade
appear.
C
So
it's
really
just
amending
the
existing
conditional
use.
That's
in
place,
staff
didn't
really
have
any
concerns
with
it.
We
haven't
received
many
complaints
about
the
operations
here.
We
did
receive
one
comment
card
in
opposition,
but
I
believe
that
they're
just
complaining
about
their
own
backyard,
and
I
guess
maybe
implying
that,
given
the
limited
size
of
their
backyard,
the
gas
station
is
a
little
is
closer
to
them.
But
you
can
see
from
the
aerial
that
the
opposition
is
located
quite
a
ways
west
of
where
the
building
would
be
located.
C
So
staff
just
recommended
the
standard
conditions
for
gas
stations
selling
liquor
stores.
So
for
the
sake
of
time
I
won't
read
through
them,
but
they
do
have
to
keep
or
derive
no
more
than
40
of
their
overall
sales
from
the
sale
of
liquor,
wine,
beer
or
tobacco
products
were
there
any
other
questions
for
me.
A
Bert
I
had
a
a
brief
one
here.
I'm
sure
you
guys
have
this
covered,
but
I
know
we
had
a
case
fairly
recently
on
ingersoll,
where
somebody
wanted
to
expand
a
gas
station,
but
in
that
case
the
zoning
district
would
have
required
them
to
move
their
gas
pump,
island
and
canopy
to
the
side
of
the
building.
C
Yeah
it
is,
this
is
zoned
mx3,
which
is
more
like
a
highway-oriented
commercial
district
buildings
are
still
encouraged
to
be
out
along
the
street
whenever
possible,
but
the
ingersoll
site
is
zoned
mx2
district,
which
is
more
of
a
pedestrian
oriented
commercial
district.
That
district
actually
only
allows
gas
station
convenience
stores
in
the
mx2
as
a
conditional
use,
so
why
it
was
before
the
board
was
because
even
the
fuel
sales
as
a
gas
station,
they
needed
the
conditional
use
for
that
not
just
for
the
alcohol
sales.
A
Okay,
well
seeing
none.
We
can
have
the
applicant
address
the
board
with
their
reasoning
for
their
request
here,
tell
us
what
you'd
like
to
do
and
why
and
how
it
will
turn
out.
So
whoever
would
like
to
speak.
We'll
have
just
hit
the
raise
hand
icon
if
you're
participating
by
the
computer,
if
you're
participating
by
your
telephone
hit
star
9
on
your
phone
and
that'll,
give
us
a
signal.
You'd
like
to
be
recognized.
K
Yes,
this
is
mike
stott.
I
suspect
you
can
all
hear
me
just
a
minute
all
right.
Thank
you.
My
address
is
1421
south
bell
avenue,
suite
101
in
ames,
and
I
am
the
architect
on
the
project-
have
been
retained
by
the
owner
to
provide
design
and
guidance
through
this
process.
For
them
the
owner
had
is
had
that
building
for
some
years
and
desires
to
to
improve
upon
it
and
desire
to
expand
it,
so
they
can
expand,
of
course,
sales
and
also
also
improve
their
situation
and
improve
the
area
there.
K
So,
outside
of
that,
the
owner
certainly
agrees
with
all
of
the
conditions
been
recommended
by
staff.
There
are
a
number
of
those
we've
read
through
those.
They
are
the
same
as
were
recommended
during
the
initial
conditional
use
permit.
So
nothing
really
has
changed
there,
and
so
we
agree
with
those,
and
I
would
certainly
entertain
any
questions
relative
to
the
design
or
the
store.
A
Okay
mike
well,
you
got
a
pretty
good
start
here
right.
Well,
you
take
a
break
for
a
few
minutes,
we'll
check
back
with
you.
Now
we
have
anybody
in
the
audience
from
the
public
who
wishes
to
provide
comments
on
this.
I
will
start
with
anyone
who
would
be
in
support
of
the
applicant's
amendment
to
their
conditional
use
permit
for
this
expansion.
A
A
K
A
I'll
just
go
ahead
and
throw
in
then
we
had
already
granted
a
conditional
use
permit
request
at
this
location
within
recent
time.
I
think
at
that
time
it
was
for
to
construct
an
entirely
new
building.
This
is
going
to
be
remodeling
and
expanding
the
existing
one.
So
I
I
think
what
was
proposed
before
this
is
pretty
consistent
with
that
it's
still
going
to
be
a
great
improvement
there.
It
sounds
like
we've
had
no
problems
with
their
operation
from
any
any
nuisance
concerns,
and
this
is
a
conditional
use
permit.
A
So
if
there
are
problems
in
the
future
that
can
be
brought
back
to
us
for
reconsideration,
so
the
onus
is
kind
of
on
the
operator
here.
If
we
were
inclined
to
improve
this
to,
if
they
make
the
investment
to
do
it
the
right
way
on
how
they
operate
so
based
on
all
those
conditions,
I'm
going
to
make
a
motion
to
grant
approval
of
the
amended
conditional
use
permit,
subject
to
the
staff
recommendations
present.
E
B
G
A
All
right:
well,
that's
great,
okay!
Well,
I
want
to
thank
everybody
from
the
public
and
our
applicants
who
are
here
today.
We
wish
you
well
with
your
property
and
business
enterprises,
so
just
some
closing
business
by
the
board.
We
need
to
review
our
meeting
minutes
from
our
may
26th
meeting.
Anyone
who
is
present
at
that
meeting
can
make
a
motion
to
either
amend
the
minutes.
If
there's
any
corrections
or
a
motion
to
approve
the
minutes
as
presented.
D
E
E
C
I
was
just
going
to
mention
two
things:
one
next
month
we
will
have
a
new
member
rhonda
cedillo
joining
us,
so
she
was
appointed
by
council
for
a
term
that
takes
effect
or
that
begins
on
july
1st.
So
I'm
starting
next
month,
we
should
be
back
to
seven
members,
and
my
other
comment
was
speaking
of
next
month.
It's
sounding,
like
the
meeting
in
july,
is
going
to
have
to
be
held
in
person
now,
rather
than
over
zoom.
We
were
planning
to
have
it
in
person.
C
C
However,
the
governor's
emergency
proclamation
is
set
to
expire
on
june
30,
so
we
no
longer
have
the
ability
or
the
rights
to
not
meet
in
person
so
to
stay
tuned
for
the
location
of
the
july
28
meeting,
there's
a
very
good
possibility
that
it's
going
to
be
held
at
the
city
hall
council
chambers
just
for
one
month
and
then
we'll
resume
at
the
municipal
service
center
with
the
august
meeting.
But
just
stay
tuned
for
the
july
28
meeting
location.