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From YouTube: 12-15-21 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, Dec. 15, 2021.
View the agenda: https://DSM.city/ZBOAatHome
A
A
A
The
members
of
this
board
are
citizens
of
the
city
of
des
moines
and
have
been
appointed
to
this
board
by
the
city
council.
The
board
members
are
volunteers
and
receive
no
compensation
for
their
public
service.
I'm
going
to
take
a
moment
to
introduce
our
board
members
today
on
the
audience's
right
we
have
justin
gross
next
to
him
is
dave.
Gare
next
to
him
is
rhonda
cedillo,
I'm
mel
pins.
The
board
chair
next
to
me
is
marlis
jones,
and
next
to
her
is
cindy
smith.
A
A
The
zoning
board
of
adjustment,
legal
counsel
to
my
left
is
judy
parks,
cruz
staff
that
we'll
be
presenting
today
include
frank,
dun,
young
senior,
planner,
catherine
draja
city,
planner,
bert
drost,
deputy
planning,
administrator
eric
lundy
zoning
enforcement
officer
and
tyler
hall.
Our
meeting
moderator
I'm
going
to
go
over
our
meeting
procedure
here
today
for
some
of
you.
This
may
be
your
first
time
in
front
of
us.
A
You
may
be
thinking,
hopefully
it'll,
be
your
only
time.
You'll
have
to
be
in
front
of
us,
but
we'll
take
everybody
through
the
process
here.
So
don't
worry,
we'll
guide
you
through
it,
but
I'll
go
ahead
and
give
the
background
here.
The
board
of
adjustment
is
a
quasi-legal
board.
This
hearing
will
be
conducted
within
the
procedures
and
format
as
authorized
by
iowa
law
and
this
city's
ordinances.
A
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
relief.
A
A
A
A
If
your
appeal
is
approved
today,
we
ask
that
you
would
wait
until
at
least
one
week
from
today's
hearing
date,
if
you
need
to
contact
the
city's
permit
and
development
center
to
obtain
any
necessary
building
or
sign
permits
related
to
your
appeal.
This
will
allow
the
decision
of
this
board
to
be
documented
in
the
form
of
a
decision
and
order
which
will
be
provided
to
you
and
city
staff.
A
The
decisions
of
this
board
can
only
be
appealed
in
the
poll
or
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
district
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.
A
You
may
petition
the
city
council
to
change
those
regulations
for
future
considerations.
All
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
is
a
part
of
the
permanent
record.
You
may
contact
city
staff
after
the
hearing
if
you
need
a
copy
and
if
there's
anything
you
plan
to
present
that
you
haven't
already
provided
to
staff
you'll
need
to
leave
that
with
us
or
a
suitable
copy.
A
Just
a
couple,
quick
housekeeping
items
here,
please
avoid
any
undue
conversation
in
the
audience
so
as
to
limit
distractions
during
the
hearing
that
is
in
progress,
you're
doing
a
fine
job
with
that.
Please
ensure
your
cell
phone
has
been
silenced,
good
work
already
and
if
you
need
to
use
the
restroom,
I
just
walk
back
through
the
doors
here.
Restrooms
are
just
to
the
right
of
the
staircase,
so
you
don't
have
to
go
back
downstairs.
We've
got
some
restrooms
up
here
once
the
agenda
item
that
you're
interested
in
has
been
completed.
A
You're
welcome
to
leave
the
hearing,
we'll
have
a
five
minute
break
in
the
meeting
a
little
bit
after
three
o'clock.
If
that
may
be
needed
so
before
we
get
on
to
our
consent
agenda
items,
I
really
want
to
take
a
moment
here
for
something
special,
I'm
going
to
remove
my
mask.
I've
checked
on
this.
I've
got
six
foot
of
separation
here.
I
can't
do
this
with
a
mask
on
anyway.
A
A
She
has
been
a
pleasure
to
work
with
as
a
fellow
resident
of
des
moines
as
a
professional,
and
I
think
my
colleagues
would
share
that.
She's
just
been
a
great
person
to
work
with,
and
so
I
want
to
thank
cindy
for
her
service.
Like
I
said,
nobody
has
paid
for
this
and
we
have
a
hearing
each
month
that
can
range
from
anywhere
from
two
hours
to
six
hours
and
we
engage
the
public.
A
We
listen
closely
and
cindy
has
always
taken
everybody's
information
into
account
and
at
the
end
of
the
day,
she
makes
a
great
decision
based
on
what
we're
supposed
to
be
here
for
she's,
no
better
representative
or
there
isn't
a
better
representative
for
this
city
that
could
serve
on
a
citizen
board
than
cindy
so
cindy.
I
want
to
recognize
you
for
your
10
years
of
service
to
us
with
this
little.
A
Cindy's
got
a
couple
good
tag
lines
when
we
have
a
discussion
but
I'll
wait
to
hear
those
today,
so
I'm
not
going
to
state
what
they
might
be
all
right.
I'll
put
my
mask
back
on
we'll
get
down
to
business
here.
Okay,
on
our
consent
agenda,
we've
got
a
couple
items
here,
I'm
going
to
well.
First
of
all,
frank:
do
we
have
any
changes
to
the
agenda.
A
A
If
there's
anyone
opposed,
then
we
will
set
that
aside
and
we'll
put
that
on
our
regular
portion
of
the
hearing
that
we'll
get
to
in
a
few
minutes.
So
I'll
start
with
item
one.
A
conditional
use
permit
request
near
918,
southeast
21st
street.
Is
there
anybody
in
the
audience
opposed
to
granting
the
conditional
use
permit
for
item
one?
If
so,
just
raise
your
hand
all
right.
Seeing
none
item
two
is
a
type
2
zoning
exception
at
2426,
south
east
14th
street.
Is
there
anybody
in
the
audience
opposed
to
granting
approval
for
item
two?
A
If
so,
just
raise
your
hand
seeing
none
item,
three
is
a
conditional
use.
Permit
request
for
two
looks
like
neighboring
addresses,
1159
and
1161
24th
street
anybody
here
in
opposition
to
granting
the
conditional
use
for
that
item.
Just
raise
your
hand
if
so
all
right,
seeing
none.
Those
are
the
only
three
items
that
we
have
on
consent,
so
board
members.
A
A
A
Okay.
So
now
we'll
move
to
the
regular
portion
of
our
hearing
and
looks
like
I
believe
we
just
have
one
item
for
today
and
that's
a
conditional
use
permit
request
at
3008,
east
9th
street
and
the
way
the
process
works
is
we'll.
Have
city
staff
give
a
brief
overview
of
the
request
for
the
conditional
use.
B
Good
afternoon,
chair
members
of
the
board,
I'm
frank
dunn,
planning
staff,
I'm
presenting
a
property
item-
five
property
located
at
three
thousand
eight
east
ninth
street
depends-
is
clayton
enterprise
enterprises
represented
by
george
michael
clayton.
The
business
is
operated
by
super
saver,
food
and
liquor
of
des
moines,
llc
represented
by
anthony
blossom.
B
B
Actually,
I
have
to
use
the
cursor,
so
what
you
can
see
is
the
property
is
in
yellow,
highlighted
in
yellow
and
it
it
fronts
whole
avenue
and
east
9th
street.
The
property
is
zoned
mx1
and
what
you'll
see
is
it
has
n5
properties
which
are
residential
to
the
north.
Similar
mx
one
uses
are
to
both
the
east
and
west
commercial
uses.
Then
across
the
street
to
the
south
hole
avenue
is
pud
and
then
further
down
is
mx1
with
residential
on
both
sides.
Of
those
two
more
commercial
uses
are
zone,
districts.
B
And
so
here
is
another
picture
showing
the
property
along
this
corridor.
You
can
see
there
are
commercial
uses
along
whole,
avenue,
north
side
of
whole
avenue
and
then
similarly,
along
the
south
side
of
pole,
avenue
east
night
street,
as
you
progress
north
extends
to
be
residential
directly
across
the
street,
is
both
residential.
If
you
can
see
the
cursor
there
and
commercial
use,
restaurant
use.
B
Here
are
some
additional
photos:
here's
a
photo
directly
facing
the
tenant
bay
that
would
be
used.
3008
for
the
proposed
use
here
is
another
view
facing
north
up
east
9th
street.
B
Additionally,
here's
a
a
photo
of
the
south,
and
so
you
can
see
the
tenant
bay
is
more
towards
the
middle
section
of
the
building.
B
B
And
so
the
the
applicable
criteria
that
we
generally
look
at
for
conditional
use
includes
the
the
use
must
conform
with
conditions
identified
and
indicated
in
table
134
3.9-1
of
the
zoning
code.
The
proposed
location,
design
and
construction
and
operation
of
the
particular
use
must
adequately
safeguard
the
health
safety
general
welfare
welfare
of
persons
residing
in
the
joining
and
surrounding
properties
residential
areas.
B
The
business
must
sufficiently
be
separated
from
these
joining
residential
areas
by
distance
landscaping,
walls
or
structures
to
prevent
any
noise
vibration
or
light
generated
by
the
business
from
having
a
significant
detrimental
impact
on
the
adjoining
residential
uses.
The
business
must
not
unduly
increase
congestion
on
the
streets
in
the
adjoining
residential
area.
B
B
And
and
so
staff
is,
a
staff
believes
that
granting
the
conditional
use
would
not
be
consistent
with
the
intended
spirit
and
purpose
of
the
zoning
ordinance,
the
appellant.
We
believe
the
pellet
has
not
satisfied
the
criteria
for
granting
a
conditional
use
for
a
business
selling
beer
and
wine.
B
As
part
of
our
process,
we,
we
did
send
out
requests
for
comments
and
we
did
receive
one
one
person
that
was
in
favor
of
the
opening
of
the
of
granting
the
conditional
use,
and
we
received
comment
cards
for
seven
property
owners
highlighted
on
the
screen.
Above
that
indicated
that
they
were
in
opposition.
B
We
additionally
received
a
neighboring
business
that
wrote
into
us
and
indicated
that
they
were
in
opposition
as
well
as
a
property,
a
neighborhood
resident
that
wrote
us
indicating
they
were
in
opposition.
B
The
union
park
neighborhood
association-
although
this
is
not
within
their
neighborhood,
they
did
indicate
that
their
close
proximity-
they
would
not
be
supportive
of
either
the
conditional
use.
That's
being
requested.
B
So,
as
you
can
see,
they're
they're,
citing
a
number
of
reasons,
including
close
proximity
to
school
residential,
as
well
as
limitation
to
parking
and
and
other
reasons
for
their
opposition.
D
Frank,
this
is
nathan
over
here.
There
are
restrictions
about
how
far
you
can.
No,
I
guess
this
is
a
question.
Are
there
restrictions
about
how
far
you
can
build
this
type
of
business
from
a
school?
D
B
D
B
B
I'm
cycling
through
their
their
letter
to
neighborhoods
and
and.
B
About
their
about
their,
so
we
send
out
a
notice
to
all
those
property
owners
within
250
feet
and
the
output.
The
pellet
has
to
have
a
neighborhood
meeting,
invites
these
folks
and
and
out
of
these
folks,
two
showed
up,
but
we
received
numerous
comments
via
email
comment,
cards
or
otherwise.
B
C
B
I
I
don't
have
the
answer
to
that
question,
but
maybe
that's
something
that
the
appellant
can
answer.
Okay.
I
do
know
that
the
the
it's
my
understanding
that
the
strip
itself
one
of
the
tenant
base
has
always
been
occupied,
so
it
doesn't
lose
a
status
associated
with
that
occupancy.
Okay,.
A
And
related
to
that
frank,
if
we
were
to
consider
approval
of
this
use,
would
this
trigger
any
need
for
improved
parking
it
I
I
might
be
incorrect,
but
almost
looks
like
there's
a
gravel
lot
there
on
the
north
side
or
it
just
doesn't
look
too
improved.
Would
there
be
any
additional
landscaping
or
yeah
other
things?
They'd
have
to
meet
related
to
site
plan.
B
Yeah
and
and
real
quickly,
I
I
want
to
maybe
go
to
an
aerial
to
kind
of
show
what
the
property
is,
because
there
there
there
isn't
much
much
to
the
property.
In
fact,
this
would
be
the
area
the
parcel
runs
the
length
of
the
building
past
the
building.
I
guess
the
width
or
depth
of
the
building
to
this
property
line
over
there,
so
there
really
isn't
much
for
them
to
do.
B
A
B
If
currently,
the
building
has
been
there
long
enough
to
where
it
predates
our
requirements,
so
it
has
those
type
of
rights,
okay
and
non-conforming
rights.
Today
I've
got
you
yep,
yep,.
A
Okay,
all
right
well
seeing
none
this
portion
of
the
hearing
now
we'll
turn
this
over
to
the
applicant
and
the
way
this
part
works.
The
applicant
has
10
minutes
to
present
their
reasoning
of
why
we
should
grant
their
conditional
use
permit
request,
so
the
applicant
can
speak,
someone
can
speak
for
them,
but
they've
got
10
minutes
to
present
their
case,
and
we
just
need
you
to
begin
with
your
name
and
address.
Sir.
Thank
you.
G
I'm
anthony
blossom,
I
go
by
zane
bless
him.
I
am
the
counsel
for
mr
matar,
the
corporation
that
set
this
up
is
under
his
wife's
name,
but
he's
actually
the
person
that's
going
to
be
running
it
also,
president,
our
mike
clayton
douglas
michael
clayton,
who
is
the
owner
of
the
building.
We
are
here
asking,
and
I
appreciate
the
board's
time
it
is
a
volunteer,
and
so
thank
you
for
your
time
and
mr
dun
young
has
been
very.
G
His
whole
staff
has
been
very
helpful
to
get
through
this
process
because,
with
the
new
portal,
it's
taking
a
little
bit
to
try
to
figure
it
out.
We
are
asking
her
for
a
conditional
use.
This
property
I
referred
to
as
the
old
hull,
avenue,
neighborhood
business
district,
and
it's
been
there
for
probably
100
years
the
site,
I'm
not
sure
how
long
mr
clayton's
owned
it,
but
it
did
used
to
have
within
the
last
couple
years.
G
Another
convenience
store
already
there
and
in
fact,
if
we
did
bring
this
and
just
had
a
limited
use
of
a
retail
space,
there
would
be
no
objection.
We
automatically
grant
it.
The
only
reason
we're
here
is
because
he
is
put
on
his
application.
He
wants
to
sell
beer
and
wine
at
this
location
because
it
is
zoned
mx1.
G
It's
an
old
building
which
is
used
to
have
a
convenience
store
and
again,
if
you
had
just
a
little
grocery
store
there,
a
little
mini
mart
there'd,
be
no
objection,
and
so
therefore
we're
asking
for
the
conditional
use
because
other
than
the
fact
we're
asking
for
alcohol,
beer
and
wine
and
tobacco
sales,
you
wouldn't
even
be
having
to
have
this
discussion,
it
would
be
automatically
approved,
and
so
therefore,
we
did
send
out
to
the
neighborhood
we
asked
we
asked
them
to
come
in.
We
had
two
people
from
the
highland
park.
G
Neighborhood
committee
come
to
the
meeting
they're
the
only
two
people
that
showed
up.
I
believe
this
gentleman
did
show
up.
He
didn't
tell
me
who
he
was
or
sign
in
at
all
or
offer
any
statements.
So
far
we
were
concerned.
There
was
no
objection
and
it
would
be
of
use
to
the
neighborhood
again
it's
in
walking
distance,
it's
going
to
provide
groceries,
soda
pop
and
then
we're
also.
G
We
have
to
get
the
permits,
but
we're
going
to
ask
for
cigarette
sales
and
beer
and
wine
sales,
and,
as
this
board
knows,
you
can
only
have
it's
limited
to
40
percent
of
your
growth
sales.
So
it's
a
limitation
and
so
I'm
not
sure
what
the
complaints
are
again
by
the
board.
What
would
be
a
factor
here?
This
is
an
old
use,
building
the
parking
lot
in
the
back.
It's
not
wonderful,
but
it
is
a
parking
lot
ride
space.
There
is
a
parking
lot
across
the
street
where
there
is
a
bar
restaurant.
G
There
are
places
on
the
on
the
street,
so
I'm
not
sure
how
if
we
would
start
having
a
convenience
store
that
would
change
anything
that
in
the
neighborhood
it
would
be
no
different
than
a
grocery
store,
a
little
mini
mark,
because
people
are
going
to
park
they're
going
to
come
in,
they
get
their
stuff,
but
predominantly
what
you're
hoping
for
under
mx1
is
that
they
walk
to
it.
And
so,
therefore,
I
don't
think
we
should
be
limited
on
the
use
the
conditional
use.
G
I
believe
the
board
had
a
criteria
they
had
four
items
listed,
the
business
conforms
to
the
identity
in
the
table,
and
it's
that
sort
of
satisfied.
Two,
the
proposed
location,
design
and
construction
did
not
adequately
safeguard
the
health
and
general
welfare
of
the
person,
I'm
not
sure
how
it
does
not
protect
or
provide
safety
to
people
in
the
neighborhood.
It's
not
within
the
walking
distance
to
a
school.
G
G
This
is
grand
probably
grandfathered
in,
but
this
building
has
been
there
for
100
years.
The
houses
have
been
there
for
50
to
100
years.
It
hasn't
changed,
we're
not
asking
for
a
change
in
the
neighborhood.
It
is
as
it
is.
It
is
separated
by
a
parking
lot.
There
is
the
house
directly
across
the
street,
but
that
house
has
been
there
for
40
50
years,
and
so
it's
not
we're
not
asking
to
change
this.
G
There
is
a
proper
separation
and
again
your
mx1
asks
for
walking
distances,
so
I'm
not
sure
how
you
can
have
a
separation
any
more
than
what
is
already
in
this
position
so
that
we
think,
therefore
we
do
fit
that
category.
There
is
a
proper
separation,
it's
not
a
great
separation,
but
it
is
a
separation.
G
If
I
mean
thirsty,
is
really
a
problem.
If
the
real
problem
is
the
concern
in
the
neighborhood,
if
you're
selling,
alcohol
or
you're
selling
cigarettes
that
you're
going
to
get
on
savory
elements,
well,
they
always
have
a
nuisance
factor.
They
can
bring
and
act
and
say,
you're
committing
a
nuisance
in
here
and
stop
it
but
other
than
just
saying
you're
not
getting
it,
because
we
think
you're
going
to
sell
cigarettes
and
alcohol
to
people.
We
don't
like.
G
I
don't
think
that's
a
proper
excuse
for
not
given
the
conditional
use
if
it
was
a
head
shop
or
an
old
pacha.
You
know
the
old-fashioned
marijuana
store.
I
guess
there'd
be
concerns
about
that.
But
again
it's
a
convenience,
store
and
part
of
a
good
convenience
store
anymore
is
the
ability
to
sell
cigarettes
and
alcohol
because
they
are
your
money
maker,
but
by
this
nature
of
this
mx-1
and
the
conditional
use,
it's
limited
you
just
you're
not
going
to
be
selling
just
beer
and
alcohol.
H
G
With
the
neighborhood
at
the
neighborhood
meeting
and
right
now,
the
intent
is,
and
we
asked
what
the
people
in
the
neighborhood
that
showed
up
would
like,
and
it's
seven
days
a
week
and
it's
from
eight
to
two
a.m:
eight
a.m
to
two
a.m.
A
A
Some
people,
I
think,
call
it
snoozeville
as
a
kind
of
written
nickname
as
in
not
as
in
sleepy,
I
think
s-n-u-s,
if
I
remember
right,
but
obviously
this
building's
been
here
a
long
time,
but
to
the
best
of
your
knowledge
in
the
last
few,
let's
say
decades:
has
there
been
anyone
in
there
selling
any
kind
of
beer
or
wine
or
cigarettes?
I'm.
A
G
You
can
confirm
that
with
mr
clayton,
but
also
the
staff,
mr
dunn,
young
staff,
one
of
the
people
indicated
that
we
could
limit
certain
rules
that
we
had
to
go
through
because
it
was
previously
a
convenience
store.
Okay,
I
don't
know
mr
best,
if
they,
if
they
actually
sold
alcohol
cigarettes,
I'm
assuming
they
did.
But
I
don't
know
that.
A
G
Yeah
and
there's
only
one
of
those
doors,
the
further
south
door
is
the
only
one
that
you
can
go
in
and
out.
Okay,
there's
not
two
doors,
it's
been
bolted
and
shut
and
has
a
step.
I
think
that's
part
of
the
problem.
It's
a
little
concerned
about
safety,
and
so
it's
only
the
south
door,
which
is
a
flat
entrance
into
the
building.
Okay,.
G
All
right
just
for
safety
and
concerns
the
one
thing
that
the
folks
that
did
come,
the
highland
park,
folks
that
showed
up
females
and
they
indicated
security.
A
Okay
and
finally-
and
you
just
like
mentioned
the
neighborhood
meeting-
I'm
a
little
confused
about
how
many
meetings
were
held
here-
frank
showed
us
what
looked
like
a
sign-in
sheet
with
two
people
and
then
some
concerns
written
down
was
that
a
meeting
some
others
had
or
is
that
the
result
of
your
meeting?
That's
the
result
of
our
meeting?
That's
the
result
of
your
meetings
right.
You
hosted
a
meeting
that
two
people
came
to
that
identified
themselves.
One
didn't,
but
they
did
did
list.
Some
concerns
correct,
correct,
okay,
all
right.
G
A
A
A
Thank
you,
okay!
Thank
you
for
your
presentation,
okay.
So
the
way
this
next
portion
of
the
hearing
works
in
regard
to
this
agenda
item,
anybody
that
wants
to
speak
in
support
of
the
applicant's
request
can
have
up
to
five
minutes
to
present
their
support
for
the
applicant.
So
we
always
start
with
that
anybody
here
to
speak
in
support
of
the
applicant.
A
And
I'd
encourage
everybody
if
you
have
your
own
special
concerns
great.
If
you
want
to
echo
what
somebody
else
also
said,
you
can
simply
do
that,
but
just
begin
with
your
name
and
address
please.
I
My
name
is
derek
huffy,
I
own
the
property
directly
across
the
street
from
the
the
this
particular
building
at
3011
east
9th.
It's
a
rental
property.
I've
owned
it
for
a
couple
years,
I'm
in
opposition
of
the
the
property.
For
a
few
reasons,
just
a
couple
things
came
to
mind
when,
when
the
attorney
was
talking
again,
I've
only
owned
my
property
for
a
couple
years,
but
I
don't
ever
remember
since
I've
owned
this
being
a
a
convenience
store.
I
know
he
was
very
vague
on
that.
I
I
would
think
you'd
have
the
ant
like
a
concrete
answer.
If
this
has
been
a
convenience
store,
I
think
there
was
like
a
church
or
something
in
there
or
some
kind
of
meeting
place.
The
last
I
knew
so
like
I
said
I
would
hope
we
could
get
a
concrete
answer
on
that.
But
just
a
couple
highlights
from
his
his
what
he
had
mentioned.
He
he's
proposing
this
is
going
to
be
open
until
2
a.m,
and
it's
not
going
to
change
the
or
shouldn't
say
change
but
affect
the
neighborhood.
I
mean.
I
I
think
it's
also
important
to
highlight
that
the
front
tenant
of
this
place
is
a
massage,
therapist
or
acupuncture
place,
which
has
had
some
under
the
des
moines
register
did
an
investigation
a
couple
years
ago,
they're
doing
they're,
allegedly
dealing
with
illegal
prostitution
out
there
there's
there's
cars
parked
on
the
street
constantly
coming
and
going
right
in
front
of
the
house.
It's
just
like
a
it's
like
a
there's.
I
Men
parking
there,
adding
a
additional
retail
shop
to
this
place,
I
think,
is
just
going
to
further
further
hamper
the
issue
or
cause
additional
congestion.
You
talked
about
the
parking
lot.
I
don't
believe
the
parking
lot
or
I
know
the
parking
lot
is
not
owned
by
these
guys
and
where,
where
the
the
concrete
is
behind
the
building,
that
is
actually
the
driveway
into
the
parking
lot.
So
yeah
all
this
other
parking
lot.
These
are
all
individual
parcels
that
go
straight
back.
I
I
Again,
I
would
I
would
ask
the
owner
or
the
the
attorney
on
that,
but
I
highly
doubt
it
because
right
now
people
line
this
street
and
you
can't
see
but
line
needs
ninth
and
there's
people
coming
and
going
to
the
the
massage
parlor
in
the
front
of
the
the
place.
Other
concerns
the
the
quali.
So
I
own
this
rental
property
right
here
behind
the
the
on
the
right
side.
I
That's
that
first
house
there
I
was
talking
to
one
of
the
inspectors
today
about
it
I
mean
we
have
they're
they're
extremely
strict
on
us.
We
got
shipping
paid
any
kind
of
deferred
maintenance
on
rental,
residential
rental
properties
where
we
have
to
fix
it.
This
place
has
rotting.
Boards
needs
a
paint
job.
It's
it's
got
tons
of,
deferred
maintenance,
landlord
hasn't,
you
know
kept
it
up
for
the
neighborhood.
I
don't
feel
like
that's
that's
a
priority.
The
neighborhood
is
a
priority
of
is
as
far
as
keeping
the
building
looking
nice.
I
Let's
see
one
other
one
other
concern
I
have
is
they
say
they're
going
to
limit
40
percent
of
sales
to
liquor.
I
think
that
would
be
an
easy,
very
hard
for
the
city
to
monitor.
I
think
you
could
easily
as
a
as
a
tenant
skew
those
numbers
just
by
you
know
not
bringing
things
in
accurately
just
my
opinion,
but
I
don't
know
how
you
monitor
that.
I
Let's
see
again,
he
said
that
where
the
attorney
had
mentioned,
we're
assuming
we're
gonna
have
issues.
You
know
when
there's
a
there's
a
process
to
follow,
but
I
I
I
think,
the
current
tenant
or
the
past
history
of
the
building
use,
at
least
in
the
front
and
and
not
adequately
taking
care
of
the
property
having
constant
traffic
here
is
a
good
indication
of
what
you
know
that
they're
they're
not
addressing
the
issue,
you
know
or
unlikely,
to
address
issues
going
forward.
So.
A
A
H
H
H
H
The
city,
the
des
moines
police
department,
has
all
records
of
this
they're,
probably
more
aware
with
this
location
than
any
other
place
in
des
moines.
It's
under
surveillance,
all
the
time
the
restaurant
can't
sell
liquor.
They
took
the
liquor
license
from
him.
H
H
H
H
They
got
an
sba
loan,
a
million
and
one
in
money,
and
they
disappeared
too.
They
need
to
be
torn
down
because
they're
so
badly
in
shape
that
you
can't
walk
inside
of
them.
I've
invested
over
three
hundred
thousand
dollars
my
properties,
I'm
working
with
the
city
now
on
a
master
plan
which
new
spill
and
if
something
like
this
is
allowed
to
stay
there,
I'm
leaving
I'm
too
old
for
this
anymore.
So
that's
my
deal.
H
A
Going
once
going
twice
anybody
that
wishes
to
speak
in
opposition
all
right,
seeing
none,
we
do
have
an
option.
Anybody
want
to
speak
in
neutrality,
any
just
general
information
they'd
like
the
board
to
know
related
to
the
case
or
their
opinions,
maybe
they're
not
for
it,
maybe
they're,
not
against
it.
A
Anybody
from
switzerland,
okay,
all
right,
seeing
none,
okay,
so
mr
clayton
or
his
representative,
you
guys
have
up
to
well
wait
a
minute
we'll
see.
Do
we
have
any
questions
for
city
staff?
Let's
do
that.
First,
any
questions
for
city
staff
well,.
F
A
A
E
Frank
did
request
the
police
reports
for
that
area.
He's
gonna,
pull
him
up
right
now,
okay,
but
obviously,
since
that
business
itself
hasn't
been
open,
there
aren't
going
to
be
any
police
reports
attributed
to
the
business
itself,
but
there
are
some
in
the
area,
but
I
don't
know
offhand
if
any
of
those.
E
The
separation
distances
is
the
first
of
those
five
and
yes,
they
do
meet
the
separation
distances,
so
they
meet
that
one
criteria,
but
the
staff
we
don't
feel
they
meet
the
separation
requirement
from
we're,
not
a
separation
requirement,
but
a
proximity
to
the
residential.
We
just
feel
that,
given
the
close
proximity
of
the
houses
to
the
east
into
the
north,
that
we've
recommended
denial
of
this,
but
even
if
the
board
denies
the
conditional
use,
they
could
still
open
a
retail
store.
They
just
couldn't
have
any
beer
or
wine
sales
there
right.
A
Okay,
all
right
zoning
enforcement
officer
not
necessary
if
you
don't
want
to,
but
did
you
have
anything
to
add
eric.
J
Zoning
enforcement
officer-
I
think
the
only
thing
I
would
mention
is
if
the
board
does
determine
that
the
criteria
are
met,
that
I
certainly
would
expect
to
have
the
ability
to
bring
this
back
in
front
of
you
if
this
was
operated
in
a
fashion
that
wasn't
in
accordance
with
the
conditional
use
that
would
have
been
approved.
So
I
do
want
to
make
sure
that
that
is
put
out
there,
that,
if
the
board
does
grant
that
there
is
that
safety
net,
so
to
speak,
that
this
could
be
brought
back
in
front
of
you.
A
J
And
then
certainly
you
know
in
the
criteria
the
the
language
is
sufficiently.
There
is
some
absolute
minimums
that
are
set
in
the
code,
but
sufficiently
doesn't
have
to
hold
to
that
exact
minimum.
If
there's
other
factors
involved
in
sure.
A
J
The
other
thing
I
do
want
to
indicate
is,
if
you
don't
grant
this,
they
are
able
to
go
in
there
with
limited
retail
right,
they'll
still
be
able
to
park
on
the
street
in
front.
So
I
want
the
neighbors
that
have
expressed
concerns
to
have
the
impression
that
that
couldn't
still
happen.
A
A
G
Thank
you.
Thank
you
again
for
your
time.
I
see
the
the
biggest
concern
that
the
residents
have,
and
maybe
the
the
staff
have
had
is
what
has
gone
on
in
the
past.
Here
I
didn't
realize
I
walked.
I
did
walk
by
this
and
I
noticed
there's
a
refluxology
place
in
the
corner.
Now
I
know
that
it
had
other
concerns.
G
This
has
been
empty.
I
know
for
the
last
year
or
so
the
whole
area
needs
a
rejuvenation
and
from
my
previous
experiences
you
got
to
get
a
business
into
the
neighborhood
to
rejuvenate
the
neighborhood
and
so
far.
How
are
you
going
to
do
that?
What's
going
to
come
into
this
neighborhood?
So
far,
mr
piglow
indicated
that
most
of
them
need
a
lot
of
buildings
need
to
be
torn
down.
So
my
client
is
actually
offering
to
do
something.
That's
going
to
help.
G
I
think
it
will
help
the
neighborhood
and
again
your
mx1
strictly
says
we
want
to
be
walking
into
this
neighborhood.
So
I'm
not
sure
that
I
think
the
issue
is
what
could
be
there
and
we've
had
problems
in
the
past,
but
that's
not
what
we're
here
asking
for
we're
asking
for
the
conditional
use
to
the
convenience
store
that
sells
alcohol
and
tobacco
and,
unfortunately,
or
fortunately,
how
you
look
at
it.
They
make
money.
Alcohol
and
cigarette
sales
do
make
money
more
than
just
your
grocery
products.
G
However,
the
right
mix
you
are
going
to
make
it
a
pretty
decent
neighborhood
and
my
client's
going
to
want
security
he's
going
to
want
protection.
He
doesn't
want
people
stopping
out
front
for
hours
to
go
into
house
to
build
repute.
If
that's
what
it
really
is.
So
I
think
this
is
your
avenue
to
start
rejuvenating
the
neighborhood.
That's
what
he's
asking
for
he's
the
person
that's
going
to
be
working
there,
he's
going
to
want
to
make
sure
it's
safe.
G
He
doesn't
want
problems,
so
I'm
not
sure
what's
going
on
before,
but
it
sounds
like
there's
a
lot
of
problems.
This
place
just
keeps
emptying
buildings
and
we're
asking
for
a
shot
to
rejuvenate
it
again.
Thanks
for
all
your
volunteer
time,
okay.
A
F
Well,
I'm
leaving
my
term
with
another
difficult
decision
here
I
I
agree
that
rejuvenation
is
needed,
but
I'm
not
sure
that
this
is
the
right
fit.
I
I
like
the
idea
of
the
convenience
store,
but
I
think
the
big
issue
is
the
wine
and
the
beer
that
seems
to
be
a
problem.
There's
an
awful
lot
of
opposition
to
this
in
the
neighborhood.
I
think
we
need
to
consider
that.
A
D
Yeah,
I
guess
I'll
echo
cindy
cindy's,
been,
I
think
in
my
tenure
here,
probably
the
best
advocate
for
neighbors
consistently,
and
I
think
this
is
a
great
example
of
her
speaking
up
for
those
people.
But
even
if
you
don't
have
you
know,
15
or
20
people
show
up
to
your
meeting,
but
you
get
all
those
I
mean
every
letter
that
we
saw,
except
for
one,
was
in
opposition.
They
had
the
same
concerns
over
and
over
and
it
isn't
about
necessarily
citing
something
there.
D
A
A
But
when
we
look
at
what
was
in
front
of
us
here-
and
I
always
say
you
know-
our
duty
is
to
follow
what
the
city
ordinance
says.
There
are
things
we
may
not
like.
There
are
things
we
do
like,
but
we
have
to
make
our
decision
based
on
the
role
we
have.
The
limitations
and
the
factors
and
a
general
convenience
store
would
certainly
be
allowed
within
this
youth
district
would
be
my
understanding.
A
That's
the
whole
purpose
of
zoning.
You've
got
a
bunch
of
uses
that
are
commensurate
enough,
they're
allowed
by
general
right,
but
the
reason
this
needs
to
seek
a
conditional
use
permit
from
this
board.
Extra
scrutiny
within
the
ordinance
is
required
for
a
use
that
would
involve
the
sale
of
alcohol
and
that's
the
exact
purpose.
A
We
have
and
then
therefore
they're
extra
in
essence
requirements
as
well
as
considerations
we
have
to
take
into
account
and-
and
those
are
known
to
all
the
city's
got
the
five
of
them
listed
or
there's
there's
at
least
four
of
them
listed
out
here,
and
some
of
us
probably
have
these
memorized,
but
the
proposed
location,
design,
construction
and
operation
would
adequately
safeguard
health,
safety
and
general
welfare
of
people
residing
in
the
adjoining
or
surrounding
residential
area.
So,
even
though
we
have
some
zoning
lines
here,
those
are
invisible
lines
down
the
street.
A
A
I
don't
think
that
adequately
safeguards
the
general
welfare
of
persons
residing
in
the
adjoining
or
surrounding
area.
I
wouldn't
want
any
business
to
be
up
until
2
a.m
across
from
my
single
family
house,
and
when
we
look
at
some
of
the
other
things
that
we
know
about
this
from
what
was
proposed,
the
owner
of
the
representative.
They
talked
about
extra
lighting.
Well,
that
might
be
nice
to
keep
bad
dudes
away,
but
I
don't
know
that
I
want
extra
lighting
across
from
my
house
at
2am.
A
Certainly
when
we
look
at
any
kind
of
convenience
store
use,
it
was
stated
by
the
appellant's
representative,
alcohol
and
cigarette
sales,
make
more
money,
so
you're
probably
going
to
have
more
people
showing
up
than
you
would
if
you
just
had
a
regular
convenience
store
that
again
adds
to
traffic.
So
then
we
get
into
increased
congestion.
A
A
Will
this
unduly
increase
congestion
on
streets
and
in
the
adjoining
residential
area?
Yes,
it
will
you're
going
to
have
people
pulling
it
off
hull
to
east
9th
they're
going
to
try
to
park
on
the
side.
Oh
gee,
I
can't
park
back
there,
there's
no
room
you
back
out
on
the
street,
so
you
can
at
least
get
oriented,
so
you
could
pull
up
to
the
curb
you're
going
to
have
more
traffic,
we're
going
to
have
more
congestion.
A
So
I
think
in
looking
at
the
big
picture
here,
not
looking
at
the
past,
but
looking
at
the
future,
the
final
one
would
the
operation
of
the
business
constitute
a
nuisance.
I
believe
from
what
I've
seen
and
heard
here
and
how
it's
been
presented
here.
Yes,
it
would
so,
therefore,
I
won't
support
it
and
I'm
open
to
any
other
comments,
but
I'll
make
a
motion
to
deny
the
conditional
use
permit
request.
A
A
A
A
A
C
A
Yeah,
okay,
all
right,
so
those
who
are
present
last
month
raise
your
right
hand
say
aye.
If
you
support
the
minutes.
Okay,
all
right!
That
motion
carries
five
to
zero
and
cindy.
I
am
so
glad
you
asked
about
operating
hours
in
general.
That's
one
of
my
favorite
things
I
always
like
when,
when
you
ask
of
anybody.