►
From YouTube: 1-26-22 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, January 26, 2022.
View the agenda: https://DSM.city/ZBOAatHome
A
A
A
B
B
Now,
take
a
moment
here
and
introduce
our
board
members,
I'm
going
to
go
ahead
and
start
out
with
our
newest
member
to
the
board
on
the
audience's
right
is
tom
decio
tom's
been
appointed
to
represent
ward
1.
The
northwest
side
of
the
city
tom
lives
in
beaverdale
and
tom
is
replacing
cindy
smith,
who
served
as
a
great
colleague
here
on
this
board
for
10
years.
B
Our
meeting
moderator
I'm
going
to
take
a
couple
minutes
here
to
cover
our
meetings
procedure.
For
some
of
you,
this
may
be
the
first
time
you're
in
front
of
the
board.
You
may
hope
it's
your
only
time
to
be
in
front
of
the
board,
but
with
this
process
we
will
take
you
through
this.
We
won't
leave
anybody
behind
so
I'll,
give
some
background
here,
but
we
won't
get.
You
lost
along
the
way
here
today.
B
First
and
foremost,
the
zoning
board
of
adjustment
is
a
quasi-legal
board,
so
this
is
a
hearing
and
it
will
be
conducted
within
the
procedures
and
format
as
authorized
by
iowa
law
and
this
city's
ordinances.
This
meeting
is
open
to
the
public.
The
meeting
is
being
recorded
by
both
audio
and
video
for
a
legal
record
of
these
proceedings,
the
board
members
have
each
received
a
copy
of
the
agenda
and
the
staff
recommendations.
B
The
law
applicable
to
each
case
has
been
identified
in
the
written
staff
report.
If
the
fax
is
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.
B
Each
item
will
be
announced
in
the
order
that
it
appears
on
the
agenda
items
listed
on
the
consent.
Portion
of
the
agenda
are
not
planned
to
be
individually
discussed
and
they
will
be
considered
for
approval
in
accordance
with
the
recommendations
in
the
staff
report,
unless
the
appellant
does
not
agree
to
the
conditions
recommended
by
staff
or,
if
there's
an
individual
present
today
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'll
come
back
to
that
consent
agenda.
B
B
This
will
be
their
one
and
only
opportunity
to
address
the
board
in
regard
to
the
agenda
item
at
hand.
Once
all
concerned
citizens
have
spoken
on
the
item.
The
board
will
then
ask
any
additional
questions
of
city
staff.
Lastly,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
other
closing
comments.
B
Speakers
are
also
asked
to
ensure
that
they
are
respectful
of
time
considerations
if
necessary.
The
board
chair
will
limit
further
comments
by
a
speaker
if
they
exceed
their
time
limitation.
The
board
chair
will
then
close.
Any
further
public
comment
on
the
agenda
item
and
the
board
will
immediately
deliberate
the
request
and
make
a
decision
on
the
appeal.
B
Finally,
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.
B
B
Just
a
few
housekeeping
items
and
we'd
ask
that
you
avoid
any
undue
conversation
in
the
audience
to
limit
distractions
during
the
hearing
that
is
in
progress.
You're
doing
a
fine
job.
Also,
please
ensure
that
your
cell
phone
has
been
silenced.
Thank
you
once
again
and
if
you
need
to
use
a
restroom
during
the
hearing
just
leave
through
the
door
here,
you
don't
have
to
go
back
downstairs,
there's
a
set
of
restrooms
just
past
the
staircase
here
on
this
floor.
B
Finally,
if
we
need
to
take
a
break
during
the
hearing
around
3
or
3
30,
we
may
take
a
5-minute
break
and
once
the
agenda
item
that
you're
interested
in
has
been
completed,
you're
welcome
to
leave
the
hearing.
So
that's
our
background
on
our
process
for
today,
but
again
we
won't
lose
you
here.
So
the
first
thing
we're
going
to
do
is
review
our
consent
agenda
for
today.
B
C
C
This
is
1109
east
army
post
road
regarding
a
type
2
zoning
exception
for
signage.
They
have
a
couple
appeals
for
three
signs
over
the
two
allowed
and
then
we
had
staff
had
recommended
approval
subject
to
them,
going
no
greater
than
fifty
percent
of
the
of
what
they
are
required.
So
staff
is
asking
that
be
moved
to
consent.
B
Okay,
so
what
I'm
going
to
do
here?
Just
briefly,
is
there
anybody
here
in
the
audience
who
would
be
opposed
to
moving
item
5
at
1109
east
army
post
road
to
the
consent
agenda,
for
consideration
for
approval
if
you'd
be
opposed
to
granting
approval
to
item
5?
Anybody
in
the
audience
just
raise
your
hand
for
the
moment.
B
Anybody
opposed
to
that
all
right.
Seeing
none
board
members
subject
to
any
opposition.
Would
there
be
a
motion
to
move
item
five
to
the
consent
agenda,
all
right,
all
right
so
motion
by
marlin.
Second,
by
dave,
all
those
in
favor
raise
your
right
hand
say
aye
that
includes
tom
yeah,
you're,
good,
okay,
all
right!
So
six
zero!
So
move
item
five
to
consent
agenda.
B
B
As
I
read
each
item
just
raise
your
hand
if
you'd
be
opposed
to
that
and
if
so,
we'll
move
it
to
the
regular
agenda,
and
then
you
can
comment
on
that
for
our
consideration
so
item.
One
is
a
conditional
use,
request
related
to
assembly,
place
of
worship
proposed,
use
at
720,
east
30th.
Is
there
anybody
in
the
audience
that
would
be
opposed
to
granting
that
proposed?
Conditional
use
just
raise
your
hand
if
you'd
be
opposed
to
that
all
right.
B
Seeing
none
for
item
two,
a
zoning
exception,
request
related
to
signage
at
one
or
11
11:
east
army
post
road.
Anybody
in
the
audience
in
opposition
to
that
okay,
seeing
none
item
3
is
a
zoning
exception,
request
at
9,
50
12
street
related
to
a
monument
sign.
Anybody
in
opposition
to
item
three
seeing.
D
B
Item
four
is
a
conditional
use,
permit
request
related
to
a
public
waste
water
pump
facility
near
1900
sailor
road.
Anybody
in
the
audience
opposed
to
building
a
pump
station,
just
raise
your
hand,
if
so
all
right,
seeing
none
and
then
just
for
the
record
item.
Five.
A
zoning
exception
at
1109
east
army
post
road
related
to
sign
installation
for
a
new
building.
B
B
B
C
C
C
And
contains
the
site
is
to
contain
a
new
kohl's
department
store
that
is
currently
under
construction,
two
buildable
areas
for
future
retail
and
commercial
use
and
entrance
and
cross
access
for
merle
hay,
and
so,
as
you
can
see,
this
is
the
site
here
there
is
an
access
along
merle
hay
right
at
madison
avenue
that
come
will
come
into
the
site,
we'll
see
more
of
that.
In
just
a
moment,
the
property
is
located
at
the
intersection
of
madison
and
and
merle
hay.
C
The
property
is
zone,
cx,
mixed
use,
district
and
here's
another
closer
image
of
the
site
where
we
can
see
it
just
a
little
bit
better
better
the
site
is
under
construction,
so
the
old
sears
anaerobic
site
is
where
the
is
where
the
coals
is
going
to
be
built.
The
monument
sign
is
approximately
in
this
area.
We'll
have
another
image
in
just
a
moment.
C
D
C
C
C
C
C
This
would
allow
the
height
of
the
sign
to
exceed
the
maximum
allowed.
Eight
feet
of
height
by
50
percent
staff
believes
that
the
appellant
has
status
the
faces
of
practical
difficulty
in
providing
a
sign
large
enough
to
adequately
identify
the
tenants
of
the
building,
given
the
scope
and
layout
of
the
site,
the
proposed
sign
would
not
have
a
significant
adverse
impact
on
the
insexual
character
of
the
surrounding
area.
C
Approval
recommendation
for
approval
of
amended
type
two
zoning
exception
four
feet
four
feet
over
the
maximum
allowed
eight
feet,
subject
to
any
any
monument
sign
shall
be
no
more
than
12
feet
in
height,
which
is
four
feet.
50
percent,
more
than
the
maximum
eight
feet
allowed
for
monument
sign
that
is
within
a
25
feet
of
a
front
lot
line.
F
C
C
H
H
That's
based
on,
could
you
could
you
describe
what
the
difference
is
like
how
that
10
inch
difference
would
like
not
comply
with
how
you
evaluate
all
of
those
conditions
but
10
inches
less
down
to
12
foot
wood?
It
just
seems
to
me
at
least
initially
like
that's,
not
a
big
difference,
and
the
sign
that
they
proposed
would
have
a
very
similar
impact.
As
a
12
foot
sign
yeah.
I
Bird
dross
planting
saffron
city
des
moines.
I
understand
your
point
nathan,
his
staff.
We
tried
to
just
be
consistent
and
we
were
afraid
that
if
we
don't
maintain
a
consistency,
when
we
make
our
recommendations
that
we
will
become
more
arbitrary
and
just
you
know
supporting
one
and
not
the
other,
so
we
are,
we
have
set
that
50
over
the
right
or
over.
The
regulation
is
the
most
or
the
maximum
that
staff
feels
comfortable
granting.
I
B
B
J
J
We
are
a
lot
of
that
is
trim,
as
you
can
see
up
at
the
top
of
that
sign,
and
we
think
that
that's
architecturally
pleasing
and
we
could
take
that
off,
but
I
think
it
takes
away
from
the
sign
itself.
I
mean.
Ideally,
we
would
like
the
12
foot
8
inch
sign
approved,
but
if
we
need
to
go
down
to
12
inches
or
12
feet,
I
think
that
that
would
be
a
compromise
that
my
client
might
be
willing
to
make.
B
J
B
J
Okay
and
instead
of
being
wide
in
that
space,
they
chose
to
go
tall.
I
think
for
better
visibility.
I
mean,
I
don't
think
I
think
we
could
have
gone
wider
in
this
space,
but
I
don't
think
that
that
would
have
really
been
an
adequate
representation
for
the
the
customers
that
are
going
into
this
site
in
terms
of
their
branding
and
logos.
A
J
B
J
H
B
L
Eric
glenda
zoning
enforcement
officer,
I
did
want
to
get
a
little
more
detailed
on
nate
nathan's
question.
There
is
merit
in
the
you
know,
having
a
policy
or
a
rule
of
thumb
in
how
we
look
at
it
as
a
type
one.
So,
as
of
june,
the
sign
relief
for
signs
has
been
made
very
liberal
compared
to
the
past.
L
I
would
say
that
pays
dividends
in
in
the
volume
of
signs
that
we
get,
because
the
sign
of
records
are
then
designing
to
what
they
know
they
can
get
approved
at
an
administrative
level.
So
well,
it
seems
kind
of
arbitrary.
On
your
perspective,
it
it
does
make
a
difference
at
the
permitting
stage.
So.
H
Yeah,
no,
I
I
think
it
as
it's
been
explained.
I
mean,
I
definitely
think,
for
city
staff
to
have
some
predictability
in
your
dealings
with
the
public
directly
and
then
even
when
you
come
to
us,
I
think
it
makes
sense
and
at
the
same
time
I
appreciate
that
there's
a
distinction
between
your
role
and
our
role
so.
L
B
B
J
A
J
To
maintain
the
two
foot
panels
for
each
of
the
four
panels,
plus
the
trim,
I
think
we
can
come
to
some
sort
of
a
compromise
that
would
get
us
closer
to
the
12
foot
overall
maximum
height.
So
I
really
don't
have
much
more
to
say
unless
you
guys
have
more
questions,
make
sure
I'm
on
the
right
page
here
with
what.
B
B
H
B
G
B
Perfect
to
grant
them
the
appeal
that
they
originally
requested
correct
right.
Okay,
all
right,
so
we
got
a
motion
and
a
second
all.
Those
in
favor
raise
your
right
hand
say:
I
anybody
opposed,
don't
see
any
okay
carry
6-0.
This
is
a
great
project
for
merle
hay
mall.
I
think
you'll
blend
in
just
fine,
and
I
do
want
to
give
credit
to
the
merle
hay
neighborhood
association.
B
C
B
C
B
B
C
The
property
is
located
at
3733,
easton
boulevard,
the
property
is
zoned
mx2
and
it's
within
the
graves
woods
neighborhood
association.
The
request
is
for
reuse
of
a
2646
square
foot
vacant
building
for
fuel
station
use
with
sales
of
wine
and
or
beer
condition.
The
appeal
is
for
conditional
youth
use
for
fuel
station
use
in
the
mx
2
district.
C
H
C
Okay,
so
here's
the
property
as
as
you
can
see,
it
is
located
on
a
corner
intersection
of
easton
boulevard
and
what
I'm
sure
is
is
tough
for
you
to
see
because
it
is
from
east
38th
street,
and
so
it's
on
the
corner.
There
are
some
adjacent,
I
want
to
say
that's
a
vacant
property
over
here,
I'm
not
sure.
C
D
C
C
Another
image
of
the
front
and
I'll
get
to
a
site
image
I'll
zoom
in
so
this
is
easier
to
see,
and
so
the
project
will
have
to
submit
a
site
plan
and
we'll
have
to
comply
with
site
plan
regulations
that
include
include
freshen.
It
up
striping,
getting
the
landscaping
in
place.
Those
types
of
things.
C
And
I
think
I
have
a
view
of
the
internal
layout
here.
It
is
of
the
interior,
so
cash
counter
in
the
center
gotta
have
a
cooler
towards
the
rear.
Have
some
shelves
a
small
wine
selection,
the
windows
in
the
front?
And
then
your
pop,
your
your
coffee
area,
things
of
typical
convenient
nature
and
then
the
restrooms
off
to
the
rear
office
up
towards
the
front
by
the
windows.
C
And
so
the
the
business
needs
to
must
conform
with
conditions
and
3.1.1
which
is
coming
coming
before
us
for
conditional
use
permit
and
then,
in
accordance
with
it,
must
satisfy
conditions
associated
with
3.91
for
conditional
use,
meaning
that
the
business
conforms
with
conditions
identified
in
the
table.
The
proposed
location,
design,
construction
operation
adequately
safeguards
the
health
safety
and
general
welfare
persons
residing
in
the
adjoining
and
surrounding
area.
C
C
A
C
C
A
D
H
C
H
B
C
So
when
we
look
for
uses
such
such
as
a
liquor
store
or
a
business
selling
beer
wine,
a
bar
tavern,
we
look
for
businesses
to
demonstrate
that
they
have
appropriate
distances
to
minimize
the
the
negative
impacts
that
could
impact
the
the
church,
the
residents,
the
public
parks,
whether
it's
a
activity,
that's
late
into
the
evening
early
in
in
the
morning
hours
or
on
those
off
hours,
on
the
weekends.
Okay,.
B
So
what
I'm
kind
of
getting
at
here,
I'm
following
you
to
a
degree,
but
I'm
thinking
there's
a
little
more
to
it
as
well.
I
could
have
a
take
out.
Domino's
pizza,
parlor,
I'm
going
to
have
intensive
activities,
I'm
going
to
have
late
night
stuff,
I'm
going
to
have
people
come
and
go
next
to
a
park,
but
beer
and
wine
usually
there's
advertising.
It
is
alcohol,
that's
an
adult
use,
it
would
usually
only
attract
adults
and
maybe
those
kinds
of
things
just
aren't
commensurate
next
to
daycare,
centers
and
parks
and
places
of
worship
right.
B
I'm
assuming
that's
some
of
the
logic
behind
the
ordinance
so
related
to
that
we
keep
talking
about.
We've
got
a
park
next
door.
Well,
yeah.
We
kind
of
do
it's
owned
by
parks
and
rec.
But
to
me
it's
a
community
center,
isn't
it
the
four
mile
community
center?
It
is
yeah,
so
I
don't
go
to
the
four
mile
community
center,
I'm
on
the
other
side
of
town.
But
would
you
or
staff
have
a
brief
idea?
What
goes
on
at
the
four
mile
community
center?
B
B
A
I
It's
actually,
it's
called
the
four
mile
park,
so
the
four
mile
community
center
just
happens
to
be
located
within
the
park,
but
there
is
a
like
marla
said:
the
skate
park
to
the
west.
I
believe
there's
a
playground
to
the
south
of
the
building
yep.
I
think
there's
some
other
stuff
there
that
make
it
an
actual
park.
Okay,
more
than
just
the
community
center.
B
I
B
And
related
to
that,
so
even
if
we
were
inclined
to
approve
a
variance
to
allow
the
the
sale
of
alcohol
and
also
granting
the
conditional
use
for
the
fuel
station,
let's
say
they
decided
to
quit
selling
gas
it's
expensive
to
have
tanks
in
the
ground
with
iowa
dnr
regulations,
and
you
don't
make
much
money
on
selling
gas
anyway.
So
if
they
decided,
we
aren't
making
money
at
selling
gas
we're
just
going
to
quit.
B
I
And
to
answer
nathan's
question:
if
the
city
council
would
you
know
when
they
receive
the
decision,
they
have
two
options:
they
can
either
accept
that
decision,
at
which
time
the
decision
becomes
effective
immediately
or
they
can
remand
it
to
the
board
for
reconsideration.
So
you
wouldn't
necessarily
have
to
overturn
your
previous
decision,
but
you
would
have
to
at
least
reconsider
it.
Okay,.
I
I
B
A
B
Right
well,
we've
thank
you
staff,
good
presentation,
we've
asked
you
enough
questions,
but
this
is
the
applicant's
request.
So
let's
hear
from
the
applicant
is
the
applicant
present
today
come
on
up
all
right,
so
you've
seen
how
this
works.
We
need
your
name
and
address
is
appropriate
for
you
and
then
you've
got
up
to
10
minutes
to
present
your
reasoning
for
for
your
request.
Thank.
M
You
thank
you
so
much
and
the
my
name
is
khulji
chahan
and
I
live
in
johnston.
5928
north
west
victory
street
today,
I'm
requesting
you
know
to
everybody.
I
bought
this
property
in
december
2020
and
just
try
to
open
same,
as
was
the
property
before
nothing
changed
same
was
the
fuel
station
and
the
previous
owner.
They
are
selling
the
beer
and
wine,
and
we,
I
think
this
is
third
meeting.
You
know
with
the
the
same
spot.
M
We
are
all
three
times
we
got
these
seven
vote
out
of
the
seven,
so
everybody
was
in
the
favor
to
use
the
as
a
gas
station
and
sail
the
beer
and
wine.
We,
I
think,
one
time
we
have
a
liquor
added,
we
didn't
add
it.
I
think
that
was
just
the
miscommunication,
and
I
already
mentioned
we
now.
You
know
we
don't
want
the
liquor
store
in
there.
It's
just
gonna
be
more
convenient,
is
going
to
be
a
food
program
in
there
and
just
just
a
regular
gas
station.
M
Nothing,
we
are,
you
know,
forced
to
get
the
liquor
license
there.
So
all
three
times
we
win,
you
know
everybody
in
a
favor
and
each
time
I
apply
something
and
then
something
new
comes
up.
I
already
paid
you
know
for
the
property
taxes
already
paid
for
the
property
we
already
paid.
I
think
the
the
site
plan
and
guy
architecture
already
charged
eight
thousand
dollars
after
we
all
paid
and
is
nothing
comes
up.
M
I'm
asking
only
I
understand,
there's
150
feet,
you
know
for
the
beer
and
a
vine,
but
we
have
just
next
door.
Is
a
bar
and
they're
selling
open
alcohols,
you
know
and
their
timing.
I
don't
know
what
the
time
they
close.
We
are
only
open
like
six
to
ten
or
depend
on
the
city
if
they
want
early
close
to
us,
I'm
willing
to
do
that
anything
safe.
I
can
do
that.
You
know
we're
not
creating
any
a
violation
there.
We
don't
want
to
be
like
disturb
anybody.
This
site
has
been
closed.
M
You
know
it's
a
dark.
I
have
one
time
I
met
with
the
you
know
the
neighbor,
and
she
mentioned
I'm
glad
you
guys
opened
that
store,
so
we
at
least
have
some
like
parking
lights.
Nighttime
people
park
park
their
car
over
there.
I
don't
know
what
they
are
doing
over
there.
We
are
disturbed
and
then
you
know
every.
I
think
nobody
is
engaged
to
open
the
station
and
we
just
again
request
everybody.
You
know
we're
not.
M
You
know
asking
any
financial
help
from
the
city.
We
just
want,
like
your
favor,
your
permission,
so
we
can
open.
I
you
know
I
went
inside
yesterday.
You
know
seeing
the
building
is
closed.
All
the
ceiling
styles,
it
just
pops
up
right
now,
the
six
dollar
one
ceiling
tile
and
I
have
to
re-change
all
the
ceiling
tile
back
again,
it's
just
getting
more
down
and
down.
M
So
please
again
just
request.
Please
let
us
open,
you
know,
I
don't.
If
even
you
know
like
liquor,
no,
you
know
just
only
beer
and
wine,
that's
only
you
know
the
gas
right,
you
know,
don't
make
much
profit,
you
know
if
you
have
like
a
little
bit
of
food
or
somebody
buy
like
single
can
or
there's
no
people
are
going
to
buy
like
tons
of
like
a
big
bags.
You
know
just
a
single
beer
and
we
only
I
I'm
in
the
business
since
2016..
M
I
don't
have
any
single
violation
on
my
business
that
we
sell
to
the
miner.
We
have
really
really
careful
on
that.
Even
I
hired
any
employee,
the
first
training
like
no
id
no
sale
so
make
sure
you
know
I
don't
carry
buy
like
100.
You
buy
like
a
one
thousand
dollar.
Doesn't
matter
no
id
no
sale,
so
I
never
get
any
tickets.
You
know
for
the
selling
to
the
miners.
So
again
I
request
everybody.
You
know
just
please
just
let
us
open
the
store
right
now.
E
E
M
M
B
A
M
B
B
One
of
the
reasons
I
ask-
and
we
do
run
into
this
once
in
a
while
people
say
just
like
you
did
well,
I
bought
the
property
back
in
december,
and
so
now
here
I
am
please
please,
before
you
bought
the
property,
did
you
check
with
the
city
and
say
hey?
If
I
buy
this,
would
I
be
able
to
sell
alcohol?
Would
I
need
any
rezoning?
Would
I
need
a
special
permit?
Did
you
check
before
you
bought
it?
No,
I
didn't
joke.
M
B
B
That
was
that's,
that's
usually
a
good
thing
to
think
about.
Yeah
we've
had
cases
before
where
we've
had
some
alcohol
sales
very
close
to
either
neighborhoods
or
other
uses.
Whether
or
not
it
was
about.
You
know
a
certain
amount
of
feet
and
we've
had
a
couple
where
we've
said:
listen.
If
we
are
inclined
to
grant
this,
we
want
some
special
requirements
a
little
bit
of
a
quid
pro
quo.
B
If
you
want
something
well,
we
want
something
else
in
return
and
we
had
some
situations
where,
where
we
said,
then
no
advertising
of
beer
cigarettes
in
the
windows,
no
lighted
neon
signs
say
this
bud's
for
you
no
head
for
the
mountains,
no
marble
roman
signs,
the
average
person
thinks.
If
you
come
to
a
convenience
store
for
gasoline,
you
can
probably
buy
a
pack
of
smokes
and
maybe
some
beer,
that's
what
most
people
think.
B
But
that
said,
when
we
see
you
know
neon
alcohol
signs
everywhere
inside
the
windows,
then
that
gets
to
into
the
perception
of
of
the
neighborhood.
How
does
this
fit?
You
got
little
kids
next
door
and
and
you're
like
you
know,
super
bowl
bud.
Pack,
you
know:
let's
get
loaded,
would
you
be
amenable
if
we
were
inclined
to
grant
this
variance
to
sell
wine
and
beer
that
you
didn't
have
any
visible
advertising
of
that?
I.
B
A
B
B
B
A
L
Yeah
and
I'd
rather
have
it
just
be
not
necessarily
even
specific
to
that,
but
you
know
the
zoning
ordinance
affords
them
a
certain
amount
of
advertising
and
windows.
You
know
based
on
not
based
on
content
but
based
on
area.
In
this
case,
I
think
the
content
is
relative
to
the
requirement
for
separation,
so
I.
G
L
B
L
B
L
L
A
L
B
L
Stay
right
so
so
using
that
is
maybe
something
that
oh
here
we
go
sort
of
defines
the
character
of
the
area.
I
think
that
you
can
certainly
do
that,
but
please
be
aware
that
if
that
use
was
discontinued
and
lost
its
rights,
it
would
be
in
the
same.
You
know
in
here
for
the
same
type
of
relief,
yeah.
B
B
Okay,
there's
not
a
requirement
that
a
neighborhood
responds,
but
I'm
always
curious
if
they
do
or
haven't
okay.
Okay,
all
right!
So,
sir,
if
there's
anything
you
want
to
add
in
closing
you
can,
if
you've
already.
Given
all
your
statement,
I
don't
think
we
have
anything
new
on
the
table
here.
You
could
have
up
to
three
minutes
anything
else
you
want
to
add
or
or
are
you
good
for
now?
B
G
G
G
That's
what
needs
to
be
met
and
that's
why
I
think
staff
alluded
to
we
understand.
This
is
a
high
burden
to
me.
Yeah,
it
is,
it
is
allowing
something
to
be
done,
which
is
nearly
illegal
to
be
done.
I
can
think
in
the
time
I've
staffed
boards
of
adjustment,
of
probably
five
cases
that
actually
met
that
standard
and
that
I
could
have
gone
into
court
and
defended
them
that
way
it
is.
G
It
is
a
very
high
standard,
and
that
is
why,
as
a
set
as
a
variance,
so
you
have
two
different
applications
here
or
requests
here.
One
is
for
the
exception,
if
you
would
please
address
them
separately
and
in
motions
address
them
separately,
so
that
we
will
be
able
to
be
clear
on
the
record.
What
was
granted
and
what
was
not.
K
The
fact
that
this
has
already
had
a
beer
and
wine
permit
is
that
bowed
as
pre-existing
as
far
as
if,
if
we
were,
I
realized
that
the
times
run
out
correct,
but
we
are
not
really
as
we
go
back,
we're
not
changing
anything
other
than
we're
re.
Let's
call
it
renewing
that,
on
a
on
on
a
gr
on
an
exception
or
a
variance,
we're
going
to
call
that
was
already
granted
previously
right.
Well,.
A
K
A
K
I
take
in
my
I'm
not
picking
a
side
on
sure
I'm
going
to
make
a
motion.
I'm
just
saying
to
me.
This
is
pretty
easy
to
defend
from
my
perspective,
okay,
to
say:
well,
it's
already
they've
already
had
that
it's
sat
empty
for
a
year
and
a
half,
here's
a
guy,
that's
trying
to
do
something
with
it.
I
don't
see
anybody's
going
to
sell
gas
unless
I
can
sell
beer
and
wine.
I
bet
you,
you
can
the
number
of
places
in
des
moines
that
sell
gas
that
don't
sub
rear
and
wine.
K
You
probably
don't
need
all
five
fingers
on
one
hand
right
right
to
figure
that
out
so
right,
I'm
trying
to
look
at
this
thing
saying
we
got
a
neighborhood
person.
That's
already
spoke
up
right.
That
said,
yeah!
That's
great
somebody's
here!
This
isn't
dark!
Here's
a
guy
that
wants
to
try
and
do
something-
that's
probably
going
to
benefit
this
area
because
we're
not
going
to
have
a
old
blighted
building
sitting
there,
there's
tanks
in
the
ground
yep.
So
I'm
just
I'm
not
arguing
with
you
judy,
I'm
just
trying
to
say
to
me.
K
G
Let
me
just
ask,
then,
for
staff's
use
in
writing
up
a
decision
if
there
are
criteria
in
your
mind
that
make
this
meet
the
standards
that
need
to
be
met
for
granting
a
variance.
Please
elaborate,
those
in
your
motion
so
that
we
will
be
able
to
have
the
record.
We
need
to
defend
why
this
met
those
very
high
standards.
B
Yeah
judy-
that's
that's
very
well
put,
and-
and
that
is
a
basis,
the
the
you
know,
the
basis
of
the
zoning
ordinance
exceptions.
Variances
grandfathering
all
that's
very
important
and
that's
one
of
the
reasons
why
there
is
an
allowance
that,
if
a
use
discontinues
just
temporarily
closes
for
a
week,
so
somebody
can
remodel
and
keep
it
going
fine,
but
if
a
use
discontinues
significantly,
generally
speaking
the
way
that
I
see
that,
for
some
reason
that
business
model
is
not
working,
that
is
not
a
congruent
use.
B
B
There
are
four
conditions
that
would
go
with
granting
that
conditional
use.
If
we
would
want
to
look
at
something
related
to
a
variance
for
selling
wine
and
beer.
We
would
have
to
look
at
some
amendments
to
those
conditions
there,
like
condition
one,
but
generally
speaking,
let's
let's
discuss
what
it
makes
sense
to
grant
a
conditional
use
for
a
fuel
station
yeah
I
mean
there's
tanks
in
the
ground,
there's
pumps,
I
know
with
dnr
regulations.
B
If
those
are
in
the
ground,
they
can't
be
in
the
ground
for
more
than
a
year
unless
they're,
either
removed
or
recertified.
So
good
luck
with
that
you're
going
to
have
to
deal
with
the
iowa
dnr
they're,
tough,
there's
a
big
inside
joke
there.
I've
worked
for
them,
but
I
don't
work
in
that
program
area.
So
we
we
have
a
gas
station,
the
the
neighbors
know
it
was
a
gas
station.
So
what
do
you
guys
think
about
a
conditional
use
for
a
fuel
station.
B
E
B
All
right
yeah,
so
we
got
a
motion
to
grant
the
conditional
use
of
our
fuel
station
subject
to
three
conditions
presented
that
are
numbers
two
three
and
four,
and
we
got
a
second
by
rhonda.
Okay,
all
right
so
we'll
vote
on
this.
So
for
the
fuel
station
use
all
those
in
favor
raise
your
right
hand
say
aye
all
right,
so
that
motion
carries
six
zero,
seven,
because
nathan
stepped
out
right,
yeah,
yeah
yeah!
Is
he
coming
back?
A
B
He
just
had
to
step
away
against
it
right.
Okay,
all
right
all
right,
so
that
motion
passes
for
the
requested
conditional
use
for
fuel
station
subject:
conditions
as
presented,
which
were
numbers
two
three
and
four
with
that
motion
and
approval.
So
now
the
applicant
had
requested
a
variance
of
the
hundred
foot
150
foot
separation
distance
from
a
public
park
with
a
request
to
sell
wine
and
beer
for
off-premise
consumption.
B
N
B
N
B
Of
the
variance
tests
is
that
won't
it,
it
won't
alter
the
essential
character
of
the
area
in
which
the
property
is
located.
We
do
have
some
other
commercial
uses.
We
have
some
other
gas
stations
not
too
far
away.
If
there
were
some
restrictions
on
how
it
looked
with
their
selling
of
the
alcohol,
maybe
it
wouldn't
alter
the
essential
character
of
the
area,
but
it's
a
little
tougher
to
meet
the
first
two
on
here.
B
There
are
other
uses
for
a
building
of
this
size
and
square
footage.
That
said,
it's
a
gas
station
there's
gas
station
tanks
in
the
ground,
there's
probably
a
predominant
reason
to
keep
it
as
a
gas
station.
That's
why
we
approve
that
most
gas
stations
do
sell
alcohol,
so
that's
kind
of
a
tough
one,
he'd
be
more
profitable,
but
you
could
have
a
nice
gas
station.
That
is
just
a
soda
pop
place.
B
F
K
B
B
I
B
I
Yeah,
okay,
a
couple
others
you
mentioned
that
come
and
go
at
the
corner
of
31st
and
university
that
needed
the
variance
from
the
church.
The
church
actually
came
and
spoke
in
support
of
them
yeah,
which
was
surprising,
but
within
vanvas
on
42nd
street.
They
needed
the
separation
from
hubble
elementary
school.
B
I
A
N
B
Because
that
that
that
is
a
very
docile
neighborhood,
even
for
a
busy
street
there,
it's
grand,
20th
and
grand
it
wasn't
in
yourself
right
right
right,
so
yeah
it's!
You
know,
each
situation
can
be
unique,
but
is
there
one
just
like
this?
Where
we're
granted
a
variance
next
to
a
park
to
sell
cigarettes
and
alcohol?
I
can't
think
of
one
off
the
cuff.
F
B
A
K
Instance:
here's
a
guy
that
probably
bought
it.
You
knew
what
it
was
before
and
he's
like:
okay,
I'll
just
figure
this
out
and
make
it
work,
and
lo
and
behold
here
we
are
and
it's
yeah,
I'm
not
defending
him.
It's
you
gotta
the
devil's
in
the
detail,
but
I
don't
think
what
he's
trying
to
do
here
is
stretch
for
me
right.
D
Well,
I'm
just
the
idea
that
sticks
on
my
body
is
slippery
slow
once
you
start
doing
variances
with
schools
and
public
places
mm-hmm,
you
know
well,
my
father
ran
a
store
not
too
different
from
we
didn't
sell
gas.
We
sold
a
lot
of
beer,
okay,
yep,
it's
just
tough
fix
one
kid
to
come
in
and
get
a
six-pack
from
you
and
do
the
wrong
thing.
B
A
B
B
If
I
was
to
want
to
look
to
approve
the
variants
here,
I
would
want
to
see
that
there
is
no
visible
advertising,
but
I
don't
think
that's
a
shoe.
I
would
want
to
lead
with
so
I'm
going
to
ask
the
board
if
somebody
would
have
a
motion
to
look
at
either
recommending
a
variance
with
any
conditions
they're
in
or
putting
forward
staff
recommendations
for
denial
of
that
variance.
B
B
B
One
two
three
four,
those
opposed
three
all
right,
so
it
takes
four
to
either
pass
or
four
to
get
so.
The
motion
for
the
variance
is
denied
okay,
so,
unfortunately,
no
selling
of
beer
or
wine,
but
like
to
see
you
get
that
gas
station
open,
have
a
nice
neighborhood
market
there.
We
do
have
some
other
locations
in
the
city
that
don't
sell
alcohol
and
have
nice
neighborhood
markets,
and
I
think
you
could
make
that
work
for
yourself.
B
G
B
Those
who
were
here
last
month
that
are
in
favor
of
approving
the
minutes
raise
right
hand
all
right.
So
that's
six
of
us,
okay,
good
job
on
that
tom,
okay,
all
right
any
other
business.
We
need
to
do
frank,
bert,
okay,
all
right!
Well!
That
concludes
this
hearing
of
the
city
of
des
moines.
Zoning
board
of
adjustment.