►
From YouTube: 7-27-22 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment on Wednesday, July 27, 2022 at 1 p.m.
View the agenda: https://dsm.city/zboaathome
A
A
C
A
D
D
All
right
good
afternoon,
ladies
and
gentlemen,
we'll
go
ahead
and
get
started
here.
Welcome
to
the
monthly
meeting
of
the
city
of
des
moines
zoning
board
of
adjustment.
This
board
has
the
power
under
iowa
law
and
the
zoning
ordinance
of
the
city
of
des
moines,
hear
and
make
decisions
on
requests
for
variances
and
exceptions
from
the
regulations
in
the
zoning
ordinance
to
review
conditional
use,
permit
requests
and
to
consider
appeals
from
any
decision
of
the
city
staff
and
the
administration
of
the
zoning
ordinance.
D
D
We
have
with
us
frank,
dun,
young
senior
city,
planner,
catherine
drajas,
city,
planner,
bert
drost,
the
deputy
planning
administrator
eric
lundy
zoning
enforcement
officer
and,
I
believe
suanne
donovan
direct
deputy
director
of
neighborhood
services.
If
I
have
her
title,
correct,
okay,
tyler
hall
is
our
meeting
moderator
I'm
going
to
go
over
the
meeting
procedure
here
today.
For
some
of
you,
this
may
be
your
first
time
here
at
the
board.
So
I
do
welcome
everybody
to
our
process.
D
D
Outcomes
are
one
thing,
but
the
process
itself
will
help
you
through
that,
because
we
do
have
a
few
very
important
things
that
I'll
have
to
explain
here.
As
we
start
the
hearing,
first
and
foremost,
the
board
of
adjustment
is
a
quasi-judicial
board.
This
hearing
will
be
conducted
within
the
procedures
and
format
as
authorized
by
iowa
law
and
this
city's
ordinances.
D
D
D
D
D
After
an
item
number
is
announced,
city
staff
will
first
give
a
brief
overview
of
the
appeal.
They
will
then
present
any
written
comments
that
are
received
prior
to
the
hearing.
Then
the
appellant
or
their
representative
will
be
allowed
up
to
10
minutes
to
present
their
appeal.
We'll
then
move
to
the
public
comment
portion
of
the
hearing.
For
the
item
at
hand,
anyone
that
wishes
to
speak
in
support
of
in
opposition,
to
or
in
neutrality
of
an
appeal
will
be
allowed
up
to
five
minutes
each
to
present
their
comments.
D
D
Lastly,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
other
closing
comments
if
they
so
choose.
All
speakers
must
speak
only
from
the
podium
here
at
the
center
of
the
room.
You
can
see
the
laptop,
but
the
screen
popped
up.
You
have
to
step
up
to
the
podium
begin,
your
presentation,
by
giving
both
your
name
and
address
of
business
or
residence
in
the
event
that
you
may
need
to
be
contacted
for
legal
notices
related
to
the
outcome
of
this
appeal.
D
D
For
you
know
granting
such
an
appeal-
and
you
can
present
that
to
this
board
and
hopefully
seek
our
approval
great
if
you
got
a
good
case
step
up
to
the
plate,
but
again
it
always
takes
four
to
pass
so
with
only
five
members.
You
gotta
convince
four
of
us
of
your
reasoning
for
your
appeal,
so
as
we
go
through
the
agenda,
if,
for
some
reason
you
would
want
to
continue
this
to
next
month,
we'll
have
you
raise
your
hand
when
we
get
to
the
regular
portion
of
the
agenda,
so
I'll
continue
today
here.
D
D
Any
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
is
part
of
the
permanent
record.
So
if
you've
not
already
provided
staff
with
copies
of
any
documents,
maps,
site
plans
etc
that
you
plan
to
present,
if
you
do
present,
those
you'll
have
to
give
staff
a
suitable
copy
of
those
for
the
record,
and
you
can
contact
city
staff
after
the
hearing.
D
D
Please
ensure
that
your
cell
phone
has
been
silenced,
sounds
good
so
far,
and
if
you
need
to
use
a
restroom,
you
can
just
exit
through
the
door.
Here
you
don't
have
to
go
downstairs.
You
can
go
straight
past
the
staircase
and
there's
restrooms
on
the
left
subject
to
our
agenda.
If
we
need
to
we'll
take
a
break
for
about
five
minutes
between
3
and
3
15..
D
So
speaking
of
the
agenda,
we
do
have
a
few
changes
to
the
agenda
that
was
previously
published
and
I'm
going
to
ask
city
staff
to
come
up
and
help
us
through
those
that
may
change
where
some
of
our
cases
are
presented
or
if
they
may
be
presented
today
or
if
at
all,
suanne.
You
want
to
go
ahead
and
step
up.
I
think.
E
Chair
members
of
the
board,
suanne
donovan
deputy
director
of
neighborhood
services,
item
15
has
been
withdrawn
from
the
agenda
and
I
wanted
to
read
a
short
statement
and
to
clarify
why
this
has
been
withdrawn
so
that
the
public
understands
what
is
happening
so
the
property
is
located
at
2422
forest
drive,
it's
zoned
n1b
pursuant
to
chapter
134,
then
municipal
code,
sorry
of
the
city
of
des
moines,
pursuant
to
newly
enacted
legislation
codified.
As
section
414.33
of
the
code
of
iowa,
a
no
impact,
home-based
business
is
considered
a
permitted
use
in
a
residential
district.
E
Further
pursuant
to
the
same
code
section,
the
city
does
not
issue
permits
licenses
or
variants
or
require
any
person
to
apply,
registered
or
otherwise
seek
prior
approval
from
the
city
to
operate.
A
new,
no
impact
home
business
as
the
term
is
defined
in
section
414.33,
based
on
the
information
provided
by
mr
aslan,
the
city
to
the
city,
is
my
understand,
determination
that
the
proposed
business
qualifies
as
a
no
impact,
home-based
business
under
section
414.33
and
accordingly,
the
proposed
use
is
permitted
in
this
zoning
district.
E
The
atf
proposed
imposes
licensing
and
inspection
criteria
upon
federal
firearm
licenses.
An
example
is
the
license,
allows
the
atf
to
enter
the
structure
once
a
year
to
conduct
an
inspection.
These
inspections
are
unannounced,
there
is
a
link
provided
that
can
take
you
to
the
atf
website
for
more
information,
and
I
can
provide
that
to
anybody
who
requests
it.
If
you
believe
this
determination
is
an
error,
you
can
appeal
the
determination
to
the
zoning
board
of
adjustment
pursuant
to
des
moines
city
municipal
code,
section
134.6.9.2.
E
D
Okay,
all
right,
thank
you,
suanne!
So,
from
an
administrative
perspective,
it
sounds
like
city
staff
have
determined
that
this
would
not
require
consideration
by
this
board.
Therefore,
the
applicant
has
withdrawn
their
application
and
therefore,
since
we
are
quasi-judicial
board,
if
we
don't
have
a
case
to
hear
this
board
has
no
authority
to
make
any
further
decisions
at
this
time.
So
if
you
want
to
talk
to
suanne
donovan
about
what
she
just
mentioned
or
any
of
the
legal
references,
you
can
email
her
and
she'll
work
with
you
on
that.
D
So
we're
removing
item
number
15
from
the
agenda.
So
if
you
were
here
for
item
15
either
as
the
applicant
or
anybody
from
the
public,
we're
not
going
to
be
hearing
that
case
today,
but
we
do
appreciate
you
coming
down.
So
if
you
want
to
stick
around
for
the
next
three
hours
of
the
hearing,
you're
welcome
to
do
so.
But
if
anybody
wants
to
leave
at
this
time,
you
can
leave
at
any
time
during
the
hearing.
So
just
maybe
take
a
little
30-second
break
for
that.
D
But
let's
go
ahead
and
move
forward
with
frank.
We
have
some
other
changes
to
the
agenda,
so,
let's
just
start,
we
may
have
applicants
that
have
requested
that
their
item
be
continued
to
next
month
for
a
variety
of
circumstances.
I
think
we
have
one
or
two
of
those
frank:
could
you
go
over
who's
asked
for
a
continuance.
F
Absolutely
good
afternoon,
chair
members
of
the
board
frank
dun
city
of
des
moines.
We
have
two
items
that
have
requested
continuance.
The
first
item
is
in
the
vicinity
of
2806
east
29th
street.
It
is
construction
and
upgrades
to
existing
above
ground.
Electrical
distribution,
substation
and
facility
staff
is
supportive
of
the
requested
continuance.
F
D
D
D
B
F
D
Just
just
raise
your
hand,
you
don't
have
to
say
anything
and
then
we'll
move
that
item
or
it'll
stay
on
the
regular
portion
of
the
agenda
and
then
we'll
hear
the
case
fully.
So
the
consent
request
again
item
11
is
a
zoning
exception.
Request
at
1402,
east
mckinley,
primarily
related
to
signage.
Is
there
anybody
here
in
the
audience
that
would
be
opposed
to
the
board?
Granting
approvals
for
items
for
item
number
11.
just
raise
your
hand,
okay,
seeing
none
item
12
also
requested
to
be
moved
to
the
consent
agenda
for
approval
of
a
zoning
exception.
D
D
Then
we
had
item
number
18
and
that
is
a
request
at
4318,
east
army
post
road
to
add
signage.
That
would
require
some
exceptions
and
related
requests
there,
as
well
due
to
its
zoning
district.
Anybody
here
opposed
to
granting
the
signage
requests,
as
noted
in
item
18.,
if
you'd
be
opposed
to
that,
just
raise
your
hand
for
the
moment.
D
You
get
in
there
all
right
motion
by
marvelous,
second,
by
ronda,
now
we'll
vote
on
that
all
those
in
favor
of
adding
those
at
the
consent
agenda
raise
your
right
hand,
say
aye,
all
right.
That
motion
carries
five
to
zero
so
now
to
keep
moving
on
the
consent
agenda.
Again,
I'm
going
to
read
through
all
of
them
just
real
quick.
D
The
idea
with
our
consent
agenda
package
now
is.
We
would
be
looking
to
approve
the
following
items:
I'm
going
to
list
for
their
requested
appeals
exemptions
permits
unless
there's
somebody
in
this
audience.
That
would
object
and
if
so,
we'll
move
it
to
the
regular
portion
of
the
hearing.
So
we
can
hear
testimony
on
the
issue
so
item.
One
is
a
conditional
use
permit.
D
I
believe
it's
vicinity,
2816
shoreline
road.
I
believe
that's
near
easter
lake.
Anybody
opposed
to
granting
that
conditional
use
request.
Just
raise
your
hand,
seeing
none
item,
two,
a
conditional
use
permit
request
by
the
des
moines
metro,
waste
water
reclamation
authority
near
3000,
vandalia
for
construction
of
facilities.
Anybody
opposed
to
that
seeing
none
item.
4
is
a
conditional
use
permit
in
the
vicinity
of
303
scott
avenue
related
to
converting
an
existing
good
tire
dealer
location
to
a
tavern
bar
or
related
brew
house.
Use
anybody
here
opposed
to
that.
D
If
you
are
just
please
raise
your
hand
seeing
none
item.
Five
is
a
zoning
exception
request
at
555,
17th
street
related
to
some
wall
signage.
Anybody
would
be
opposed
to
granting
that
request.
Please
raise
your
right
hand
or
any
hand.
Alright,
seeing
none
item.
Six
is
a
zoning
exception
request
at
the
city
of
des
moines
airport
in
the
vicinity
of
6307
southwest
28th
for
some
signage.
D
D
Just
raise
your
hand
if
so
seeing.
None
item,
eight
a
conditional
use
request
by
another
governmental
entity,
the
city
of
des
moines,
in
the
vicinity
of
1643
maori
street,
related
to
construction
of
a
ground-mounted
solar
array.
Anybody
opposed
to
that
conditional
use,
permit
request,
just
raise
your
hand,
seeing
none
item
9,
as
a
zoning
exception,
request
from
emc
at
701
walnut
street
related
to
some
signage.
D
Anybody
opposed
to
granting
that
appeal:
okay,
seeing
none
also
on
consent.
Gen,
then,
are
items
11
again:
1402
east
mckinley
related
to
wall,
signage
and
2929,
east
university
related
to
wall
signage,
and
we
had
item
number
zoning
exception
at
4318,
army
post,
also
wall
signage,
so
any
final
hands
of
concern
on
any
of
those
items.
D
D
Thank
you
for
adding
and
accounting
and
putting
those
in
the
order
of
dominoes
and
marvelous.
Thank
you
so
motion
by
justin,
second,
by
marvelous,
all
those
in
favor
granting
the
requested
appeals,
exemptions
and
permits,
as
presented
on
the
consent
agenda.
Raise
your
right
hand
say
aye,
all
right.
That
motion
carries
five
to
zero.
So
if
you
were
here
for
those
items
that
justin
just
listed,
you
have
been
approved
and
we'll
get
your
dnos
next
week.
So
thank
you
for
coming
in
today.
D
Okay,
now
for
this
regular
portion
of
the
agenda,
now
we
will
be
hearing
cases
so
we'll
have
staff
first,
give
a
brief
presentation
of
the
requested
appeal.
The
appellant
can
give
their
reasoning
for
their
request
to
this
board.
Anybody
pro
or
con
can
comment
and
then
we'll
make
our
vote
and
our
decision.
D
As
I
mentioned
earlier,
we've
got
five
of
us
here
today.
It
always
takes
four
for
an
approval,
so
you'd
have
to
convince
four
of
the
five
of
us
at
a
minimum
of
your
requested
appeal.
We
are
a
seven
member
board.
Many
months
we
have
seven
of
us.
Our
board
has
very
good
attendance,
but
I
can't
always
guarantee
that.
D
But
if
anybody
who
has
an
item
left
on
the
agenda,
that
would
like
to
look
at
us
continuing
it
to
next
month,
if
you're,
the
appellant,
you
can
request
that
and
I
am
going
to
make
a
kind
of
a
statement
here.
We
we
usually
the
appellants-
are
property
owners,
land
owners,
those
asking
for
permits.
We
have
one
case
here
where
the
city,
through
the
zoning
enforcement
officer
on
item
13,
is
asking
for
reconsideration
of
a
conditional
use.
D
When
perhaps
we
could
have
six
or
maybe
have
seven
or
it
might
just
be
five
again
so
with
concurrence
from
the
city
staff,
the
appellant
for
item
you're
welcome
to
step
up
to
the
podium.
Just
briefly,
I
don't
want
to
hear
the
reasoning
for
for
anything,
except
for
are
you
okay?
If
we
proceed
today
with
five
present,
or
would
you
rather
us
wait
till
next
month?
A
D
H
D
That's
fine
all
right!
Thank
you
all
right!
So
again,
if
you're
here
for
items
10
or
if
you're
here
for
items
number
16,
17,
18,
19
or
20.,
is
there
anybody
related
to
those
items
as
the
appellant
that
would
like
to
have
their
case
considered
next
month?
Sir
come
on
up,
and
I
just
need
your
name
address
and
which
agenda
item.
I
D
D
All
right,
yeah
yeah,
so
if
you're,
okay
with
us,
proceeding
today
with
only
five
members
present
knowing
you'd,
have
to
convince
four
of
us
yeah,
then
yeah,
then
you
don't
have
to
say
anything
at
the
moment.
We'll
come
back
to
you
in
a
second
okay,
all
right!
Thank
you.
Okay,
so
is
there
anybody
here?
That
would
not
want
us
to
proceed
as
if
you're,
the
appellant
on
items,
16,
17,
19
or
20..
D
F
Hi
chair,
the
item
number
10
is
located
at
1828,
hubble
avenue
and
the
applicant
is
proposing
use
of
2
483
square
foot,
building
for
restaurant
use
with
the
sales
of
alcoholic
liquor,
wine
and
or
beer.
It
is
an
existing
restaurant
as
a
restaurant
use.
At
least
50
percent
of
the
grocery
seats
from
the
sales
from
the
premise
must
be
derived
from
the
sale
of
prepared
food
and
food
related
services
in
an
are
one
rx1
district.
F
F
F
F
F
As
stated
in
the
criteria,
unnecessary
hardship
has
not
been
demonstrated,
as
the
land
in
question
can
yield
a
reasonable
return
from
the
use
permitted
on
the
property.
There
are
multiple
uses
allowed
in
our
rx1
district
that
could
be
had
for
the
property,
so
it's
it's
not
merely
sufficient
to
show
that
the
value
of
the
land
has
been
depreciated
by
the
regulations
or
that
a
variance
would
permit
the
owner
to
maintain
a
more
profitable
use.
F
F
F
B
D
F
D
Sure,
and
just
kind
of
as
a
foundation
for
the
reasoning
for
the
need
for
a
variance
here
was
the
the
council
passed
an
ordinance
here.
It
seems
recent,
but
now
it's
probably
almost
a
decade
old,
to
have
a
separation
distance
of
places
that
sell
alcohol
from
things
like
public
parks,
especially
I'm
assuming
the
reasoning
behind
that
was
they
didn't
want
any
detrimental
things
to
you
know
kids
and
families
enjoying
parkland
and
staring
at
lighted.
D
L
L
D
Absolutely
catch
you,
okay,
all
right!
Okay!
Well,
thank
you
for
giving
the
intro.
On
that
frank.
So
now
it's
the
applicant's
turn
the
way
this
works
is.
You
can
have
up
to
10
minutes
to
present
your
case,
we
need
you
to
start
with
your
name
and
your
address
can
be
your
business
address
and
tell
us
why
we
should
grant
this
variance
and
if
you
need
somebody,
if
somebody
needs
help
with
an
interpreter
or
somebody
else,
they
are
welcome
to
come
up
as
well.
I
M
M
I
I
Actually,
we
started
working
on
this
project
since
october
last
year
and
we
have
spent
a
lot
of
money
on
it
and
I
I'mma
pay
for
myself.
I'm
a
subcontractor.
I
do
well,
but
you
know
I
want
my
wife
to
do
good
too
so
she's,
the
one
in
charge
in
front
of
it.
After
I
come
up
from
work,
I
go
out
and
helper
pretty
busy.
Guy
yeah.
I
It
is
hurting
our
business
a
lot,
so
I
guess,
if
we
don't
get
accepted,
we
have
to
move
on
and
probably
show
the
place
down,
because
I
don't
want
to
keep
taking
money
out
of
my
check
to
provide
the
other
business,
because
it's
it's
doing
well,
but
not
quite,
and
we
think
if
we
get
the
opportunity
of
selling
beer
alcohol
we'll
priority
increase
ourselves
too.
We
do
better
and
we
do
have
a
lot
of
stuff
in
mind
in
that
area
like
if
we
come
to
get
a
license,
we
want
to
fix.
I
N
I
Want
to
give
out
to
the
community,
we
want
to
create
jobs
too
at
the
same
time
and
we're
trying
we're
trying
our
best
we
really
are.
Yesterday
was
my
last
day.
I
did
not
know
about
the
paperwork
that
she
she's.
Really.
She
doesn't
really
know
that
much
english,
so
I
went
through
what
the
addresses
yesterday
and
today
and
two
addresses
I
didn't
find
two
others
that
didn't
find
and
the
other
two
addresses
was
from
the
city,
so
I
didn't
bother
to
to
go
over
there,
but
most
of
the
neighbors.
I
A
I
I
I
I'm
not
saying
it's
going
to
hurt
that
aspect
as
well,
but
to
our
left
to
our
left
side.
We
have
another
bar
bar
bar.
Also
it's
it's
more
than
a
bar
name,
a
restaurant
right.
Our
place
is
I'm
trying
to
keep
it
more
family
and
you
know
if
everything
goes
well,
we
would
love
to
buy
the
property
and
create
new
jobs.
You
know
new
opportunities
for
people
and
that's
what's
on
our
mind,.
A
I
A
I
I
D
I
D
A
I
D
So
question
for
you
with
within
the
agenda
packet,
the
paperwork
here,
if,
if
you
saw
your
specific
item,
staff
is
recommending
denial
because
of
the
separation
distance
not
being
met,
but
staff
has
made
a
statement
in
there
if
the
board
would
be
inclined
to
overrule
the
staff
recommendation,
the
staff
have
asked
that
a
number
of
conditions
be
agreed
to.
If
you
would
then
be
allowed
to
sell
the
alcohol
and
they
listed,
I
think
there's
ten
of
them
there
yeah
did.
You
have
a
chance
to
read
through
those.
D
Okay,
so
maybe
we
can
kind
of
go
over
those,
just
real,
quick,
first
of
all
in
in
number
one.
If
you
were
to
sell
alcohol
there
at
least
50
or
more
of
your
sales
would
have
to
be
from
the
food
and
food
related
services
right
would
would
would
you
plan
to
have
more
than
50
percent
of
your
sales?
Be
food?
Yes,
okay,
yeah,
because
that
keeps
you
in
a
restaurant,
because
otherwise
you'd
be
considered
a
tavern
and
that
would
have
even
more
scrutiny.
Yeah.
I
D
D
D
Also
staff
has
recommended
if
we
were
inclined
to
approve
this
number
four,
that
there'd
be
no
outdoor
patio
service
or
serving
area,
unless
our
board
considered
that
separately.
So,
in
other
words,
keep
it
all
inside.
Okay.
Staffs
also
said
that
yeah
you'd
have
to
comply
with
noise
control
related
any
establishment
that
sells
alcohol
within
any
regard.
So,
in
other
words,
you
kind
of
need
to
keep
it
quiet
there,
relatively
speaking,
no
problems
there,
nope
not
gonna.
I
D
I
D
I
D
D
Just
a
question,
we'll
kind
of
see
how
it
goes
here,
so
any
other
questions
for
the
applicant
rhonda.
Do
you
have
anything?
Okay,
okay,
okay,
all
right!
Well,
you
two
can
sit
down
for
a
minute.
Thank
you
for
your
testimony
and
your
presentation.
Thank
you.
We'll
check
back
with
you
in
a
second
here.
D
D
D
G
Frank,
so
on
here
talks
about
that
if
we
did
grant
some
sort
of
variance
as
it
relates
to
the
separation
distance
requirement,
that
the
decision
would
then
be
reviewed
by
city
council.
Is
that
right?
That
is
correct.
Yes,
so
then,
what
play
that
out
for
me?
So
if
they,
if
they
would
look
at
it,
what
what
could
they
do?
They
could
remand
it
back
to
us
if
they
didn't
feel
like
they
agreed
with
that
decision.
That.
D
G
Yeah,
okay
and
then
then
just
a
one
last
question
about
the
history
of
the
place
it
sound
like
it
may
have
had
alcohol
there
at
some
point
do
do.
Could
we
verify
that
or
was
it
because
of
the
maybe
it
sat
there
for
a
while
and
then
it
lost
some
of
those
those
grandfather
rights
or
do
you
know
any
more
history
than
what
has
been
presented.
F
G
P
P
I
D
D
D
Q
I
I
have
a
thought:
I've
been
there
and
before
years
ago,
when
it
was
a
small
little
hispanic
restaurant
there
was
not
alcohol
to
be
served
at
jamaica.
It
is
but
yeah.
Okay.
If
there
was
an
alcohol
to
be
served,
so
you
had
a
meal
and
left
it's
not
it's
not
a
real
big
place,
so
I
don't
foresee
it
being
an
issue.
Q
As
far
as
a
tavern
and
a
bar
sort
of
thing,
I
can
see
it
family
oriented
and,
having
like
he
said,
a
margarita
or
a
beer,
because
that's
what
I
would
have
done
sure
so
I
feel
like
this
would
be
a
helpful
way
for
them
to
stay
in
business
longer,
because
so
many
things
have
come
and
gone
through
there.
If
he's
cleaning
it
up
and
working
at
it,
then
why
not
try
to
help
him
keep
increasing
it
yep!
That's
how
I
feel.
D
Rhonda,
I'd
probably
throw
in
a
similar
thing,
I've
driven
by
here
a
lot
over
many
many
decades,
and
I
understand
the
city,
the
reasoning
behind
the
city
ordinance.
You
know
there
was
a
time
we
had
tnt
tap
across
from
the
school
that
was
a
long
time
ago
and
a
different
long
ago,
far
away,
but
I
can
understand
the
city's
reasoning
on
the
flip
side
of
the
coin.
D
D
D
So
the
variance
test
is
a
high
one,
but
understanding
the
reasoning
for
the
regulation
council's
intent
with
it
as
well
as
how
things
would
turn
out.
I
would
think
if
we
were
inclined
to
grant
a
variance
in
this
case
with
10
conditions
and
maybe
one
more,
that
hey,
there's
no
visible
alcohol
signs
printed
or
lighted
on
the
building
or
or
visible
from
the
exterior.
D
A
O
D
No,
but
it
just
can
help
a
little
bit
yeah
yeah.
I
know
none
of
us
like
to
be
on
a
pa
system,
but
it
helps
for
the
record
tom
anything
you
want
to
add.
No
okay,
okay!
Well,
I
think
to
keep
things
moving
here.
We
have
a
lot
to
do
today.
Every
item
is
important,
including
this
one,
but
I'm
going
to
go
ahead
and
make
a
motion
to
approve
the
variance
of
the
61
feet
of
the
required
75-foot
separation
distance
from
the
public
park.
D
I
want
to
give
it
to
rhonda
speed
of
sound.
She
was
closer
okay,
so
we
got
a
motion,
a
second
to
grant
the
variance
subject
to
what
would
be
11
conditions
clear
enough
for
the
record
gary
okay.
Thank
you
all.
Those
in
favor,
of
granting
the
variance
and
with
the
requested
conditions,
raise
your
right
hand,
say
aye
hi,
those
opposed
okay,
all
right,
so
it
does
carry
four
to
one
so
check
with
city
staff
about
this
time
next
week.
D
D
D
R
Can
everybody
hear
me:
okay,
good,
mr
chair
members
of
the
board,
this
I'm
going
to
try
to
make
this
as
simple
as
possible.
I
know
that
the
the
current
operator,
the
conditional
use,
probably
has
a
lot
of
testimony
to
provide
you
so
I'll
try
to
keep
mine
simple,
because
I
think
what
has
transpired
here
has
been
fairly
simple.
S
R
R
R
R
If
I
can
get
to
the
letter
itself,
I'll
be
good
here
we
go
so
mr
morse
does
represent
larry
smithson
and
his
business
interest
main
floor
llc
and
brought
to
the
city's
attention
that
during
may
7th
and
may
14th
in
the
hours
prior
to
12
p.m.
Starting
approximately
10
am
that
this
premise
at
204,
east
or
204
3rd
street
was
operating
with
outside
amplified
sound.
R
R
This
communication
provided
information
from
an
interview
of
sergeant
garth
house,
one
of
the
police
officers
with
the
city
of
des
moines,
who
was
the
one
that
was
referenced
in
the
original
complaint
that
had
responded
to
the
complaint
and
also
was
able
to
verify
that?
Yes,
the
sound
had
occurred,
although
some
of
the
statements,
I
think
in
the
letter
provided
by
the
private
investigator
as
part
of
this
communication,
we're
not
necessarily
known
to
the
officer
in
terms
of
some
previous
history
with
complaints
or.
R
Which,
in
my
from
my
perspective,
I'm
not
sure
I'm
too
concerned
in
my
enforcement
about
the
previous
history
of
complaints?
I
know
what
happens
is
that
people
that
have
been
in
trouble
might
complain
on
another
business.
That's
pretty
typical!
I
think
at
that
point
we're
still
obligated
to
investigate
complaints
and
if
we
find
something
or
evidence
that
indicates
that
there
was
a
there
was
a
violation.
Then
we
we'd
enforce
on
that.
So
I
know
there
may
be
some
other
kind
of
activity
between
neighbors
or
adjoining
property
owners
or
nearby
businesses.
R
R
R
R
B
R
R
R
This
is
the
staff
report
that
you
received
in
your
packet
and
went
to
the
all.
The
interested
parties
as
well
was
mailed
to
the
same
addresses
as
the
original
intent,
this
kind
of
outlines.
What
I've
already
mentioned,
gives
pertinent
dates.
One
thing
it
does
highlight
is
that
there
was
a
previous
considerate
reconsideration
by
the
board
at
the
time
that
was
happening
in
2020.
That
was
based
on
the
fact
that
there
hadn't
been
permits
filed
for
outside
sound
occurrences,
so
that
the
board
reconsidered
that
conditional
use
at
that
time.
D
R
Boy,
this
is
really
throwing
me
off.
We
are
recommending
that
there
be
be
an
amendment
to
this.
The
board
actually
has
three
three
avenues
here:
they
can
either
revoke
the
conditional
use.
They
can
grant
approval
of
an
amended
conditional
use
or
they
could
take
no
action
and
allow
the
current
conditional
use
decision
in
order
to
remain
in
effect.
Basically,
at
this
time,
staff
based
on
the
previous
reconsideration
and
the
the
violations
that
have
occurred
that
were
not
consistent
with
the
current
conditional
use,
we're
recommending
a
amendment
and
I'm
gonna.
R
We
basically
we
add
in
all
the
same
conditions,
but
the
difference
here
is
that
we
are
gonna,
say:
prohibition
in
number,
five
of
any
outdoor
amplified
sound
for
a
minimum
period
of
180
days,
after
which
time
the
appellant
may
petition
the
board
for
amendment
to
the
conditional
use
for
consideration
of
reinstatement
of
outdoor
amplified
sound.
This
will
result
in
revocation
of
issued
sound
permits
for
the
premise
that
were
previously
issued
in
order
to
be
in
compliance
with
this
order.
R
R
T
G
R
R
N
R
B
D
U
D
D
But
from
the
board's
general
perspective,
we
allow
the
facility
have
up
to
eight
permits,
comply
with
the
related
permitting
and
the
administrative
stuff
that
goes
with
that,
and
they
haven't
exceeded
the
number
of
events
in
a
month.
Just
the
starting
times
were
not
too
late,
but
actually,
in
this
case
too
early,
is
that
right,
correct.
R
Okay,
before
the
noon
start
time
for
the
weekend
dates.
Okay,
the
other
thing
I
should
point
out
is
it's
not
unusual
for
a
business
to
pull
permits
for
the
number
of
dates
they
can
have
within
a
month
sure,
and
they
don't
always
operate
for
every
one
of
those
days
but
they're
they
do
have
that
in
their
permit,
so
right,
all
right
gotcha.
So
I
wouldn't
read
anything
the
fact
that
if
they
didn't
use
it
on
a
certain
date.
D
D
D
H
Good
afternoon,
ladies
and
gentlemen,
my
name
is
annie
baldwin
I
own
and
operate
annie's
irish
pub
at
the
northwest
corner
of
3rd
and
court
in
des
moines.
I
am
the
respondent
in
this
matter.
I
have
been
providing
outdoor
amplified
music
pursuant
to
the
permits
issued
by
the
city
of
des
moines
for
at
least
12
years
for
the
first
11
years.
There
were
no
restrictions
on
when
I
could
commence
the
music.
I
was
never
told
of
this
new
restriction
that
music
could
not
begin
until
noon.
H
I
have
never
received
any
complaint
about
amplified
music
before
noon.
When
officer
house
came
to
my
establishment,
he
issued
no
citation
and
agreed.
The
music
was
not
too
loud.
When
officer
house
returned
to
our
establishment
on.
May
14th
he
informed
us
that
the
provision
that
the
music
could
not
commence
until
noon.
We
immediately
terminated
the
sound
told
the
performer
to
take
a
break
and
we
received
no
citation.
H
We
have
not
had
any
amplified
performances
since
then
on
saturday
mornings
before
noon,
so
we
solved
the
problem
immediately.
This
was
the
first
time
I
was
informed
of
this
was
on
may
14th
again
we
received
no
citation
between
may
14th
and
june
17th.
Over
a
month.
We
received
no
call
or
writing
from
the
city
staff,
particularly
mr
lundy,
asking
for
our
side
of
what
occurred.
It
is
important
to
note
that
I
have
never
had
a
complaint
from
farmers
market.
I
met
with
farmers
market
and
they're
pleased
with
how
we
are
conducting
our
business.
H
We
have
never
received
a
notice
of
the
city's
change
in
policy
about
amplified
music
at
farmer's
market.
There's
no
pattern
or
practice
of
noise
permit
violations
and
once
informed
on
may
14th
we
immediately
ceased.
There
were
no
citations
of
violations
given
to
us.
This
has
nothing
to
like
to
do
with
what
occurred
in
2019
and
in
2020.
I
did
come
back
to
the
board
to
to
get
eight
more
sound
permits
a
month.
My
council,
mr
hanson,
will
conduct
the
balance
of
our
presentation.
Thank
you.
V
V
And
the
first
thing
I'd
like
to
do
is
call
officer
house
up
to
the
witness,
stand
or
pardon
me
up
to
the
podium
here
and
I'm
just
going
to
ask
him
a
couple
of
questions
to
try
to
verify
what
my
client
has
just
recited
to
you
as
the
history
of
these
events
officer
house.
What
was
your
duty
on
may
4th?
How
were
you
I.
W
V
V
W
Other
restaurants
and
bars
had
played
music
during
the
event,
but
I
haven't
worked
down
there
in
a
couple
years
due
to
my
my
reassignment
to
day
patrol,
so
I
got
hold
of
her
and
then
towards
the
end
of
that
week.
She
got
back
to
me
and
said
that
that
was
correct,
that
they
had
the
permit
was
from
midnight
or
noon
until
whenever
and
so
the
14th.
When
I
got
called
back
down
to
there,
I
informed
them
that
that
permit
was
correct
and
they
ceased
operations.
Okay,.
K
V
V
V
V
V
V
V
V
V
That
seems
to
me
is
not
a
proper
kind
of
view
for
the
city
to
take.
The
city
doesn't
represent
in
this
context,
mr
smithson,
the
city
represents
the
public
in
the
public
interest,
and
the
public
interest
is
to
continue
to
support
the
person
who
has
spent
a
good
bit
of
time
advocating
on
behalf
of
the
city
and
the
particular
events
that
have
happened
here.
D
D
A
A
V
One
violation
does
not
establish
a
pattern
of
conduct,
that's
what
the
city
has
claimed
here,
one
violation,
maybe
two,
but
violations
of
this
nature
to
establish
a
pattern
have
to
be
predictive
of
future
conduct.
There
is
no
prediction
of
future
conduct
because
mrs
baldwin
put
an
end
to
it,
and
we've
observed
all
the
rules
and
regulations.
Since
then
this
could
have
all
been
solved
by
just
a
phone
call.
V
D
G
Could
be
from
mr
hamilton
or
anya?
The
question
I
have
is
that
so
I've
looked
at
some
of
your
notices
that
you
provided
here
and
it
has
annie's
address.
So
is
it
annie
or
is
it
mr
hanson?
Is
it?
Is
it
the
position
that
she
received
all
these
permits
in
the
past,
but
she
didn't
get
she
didn't
get
this
permit.
V
H
Like
I
said
earlier,
when
I
do
the
the
permit
process,
because
I
have
25
establishments
in
iowa,
I
try
to
get
everything
done
at
one
time.
I
do
annie's.
I
have
this
outdoor
event
st
patrick's
day,
where
I
close
court
avenue.
So
I
get
on
the
phone
with
brian
davis
with
the
city.
I
do
them
all
online
and
I
say:
are
we
good
and
he
said
yeah
we
are
good,
so
I
get
my
march
17th
when
they're
emailed
to
me.
I
forward
them
to
the
manager
to
print
out,
put
and
put
in
the
office.
H
H
Give
me
a
call,
let
me
know
hey
you
can't.
It
makes
no
difference
to
me
to
start
my
music
at
noon
versus
10
am,
I
can
actually
get
better
musicians
and
it's
only
one
performer,
but
I
can
get
better
musicians
to
play
at
noon
on
saturdays
versus
10
a.m.
On
saturdays,
just
because
they
usually
work
late,
so
it
may
the
minute
I
knew
the
rule.
Let
me
know
the
rules
and
I'll
follow
them.
This
is
simply
a
mistake.
The
music
wasn't
too
loud.
D
H
I
would
propose,
is
you
know:
I've
been
down
there
since
2008
own
the
property.
When
I
get
my
property
taxes,
I
get
five
letters
in
the
mail.
I
get
five
emails
here.
You
need
to
pay
these
if
something
changes
and
it's
not
a
city
council
ordinance
or
it's
not
something
that
we
know
about
you
know
hey
starting,
may
1st
2022,
you
cannot
play
music.
Send
me
a
certified
letter,
send
it
to
the
business.
You
know
anybody
that
has
a
sound
permit
like
I
do,
and
maybe
a
few
others
do.
H
I'm
joining
this
downtown
council
and
we
start
meeting
on
monday
to
help
try
to
make
court
avenue
safer
and
it's
going
to
be
greater
des
moines.
It's
going
to
be
farmers
markets
going
to
be
police
officers
and
things
like
that
where
we
can
talk
to
each
other,
but
during
coven-
and
you
know
thereafter,
it's
not
like.
We
had
a
lot
of
meetings
where
we
were
talking,
but
something
that
you
could
send
me
certified.
A
H
D
And
I
I
I
guess
where
I
struggle
just
a
bit
here,
is
you
know
on
the
february
7th
sound
permit,
it
does
say
downtown
weekend
times,
noon
to
12
30
a.m.
Sound
permit
starts
after
farka
farmer's
market
ends,
but
it's
not
highlighted
it's
not
in
bold.
It
doesn't
say
hey.
This
is
a
change
from
your
last
one.
I
could
see
somebody
oh
yeah,
I
got
my
permit
and
you
throw
it
in
the
box
right
right.
That's
probably
kind
of
what
happened.
So,
just
like
your
driver's
license,
don't
look
now,
but
is
it
expired?
D
H
D
But
again
the
the
fundamental
here
you
didn't
exceed
the
number
of
events
that
you
were
allowed.
It
doesn't
sound
like
the
city
had
a
big
kerfuffle
about
what
you
were
doing
but
kind
of
by
default
and
to
the
letter
of
the
law.
You
did
start
earlier
than
you
were
allowed
and
that's
what
this
is
right
on.
D
Play
till
noon
so
this
was
twice
this
wasn't
late
at
night,
you're,
jamming
on
music
and
keeping
people
awake
or
the
cops
were
trying
to
clear
the
streets,
and
you
still
got
a
big
grave
going.
No,
that's
not
what
the
situation
was.
Okay,
all
right
was
the
only
questions
I
have
anything
else
for
annie.
D
D
So
if
you're
in
support
of
the
city's
position
come
on
up
there,
we
go,
and
I
and
I
think
I'm
good
for
the
moment,
it
just
went
to
sleep
yeah.
All
right,
hang
on
a
second
sir,
we'll
have
bert
get
us
back
on.
Thank
you.
Okay.
We
just
need
your
name
address
of
relevance
and
you've
got
five
minutes.
Mr.
X
X
We
had
a
owner's
meeting
our
board
meeting
about
two
weeks
ago
and
it
was
50
50
as
to
whether
we
should
be
responding
in
the
affirmative
or
the
negative
about
the
level
of
noise
in
the
downtown
area.
So
I
would
encourage
the
board
to
just
not
pay
attention
to
any
of
those
pro
and
cons
and
look
at
the
comments
we
at
the
plaza
another
neighbor
down
in
that
area
that
that's
our
resident,
our
home.
X
We
are
upset,
I
have
been
told,
to
come
and
voice
this.
My
I
live
on
the
11th
floor
of
the
plaza
and
I'm
not
specifically
talking
about
the
saturday
morning-
things
I'm
talking
about
just
the
noise
in
general.
Okay,
so
I'm
I'm.
I
apologize
I'm
going
beyond
the
con
confines
of
what
you're
addressing
here
yeah,
but
when
the
base
rattles
on
friday
and
saturday
nights,
my
windows
on
the
11th
floor.
D
X
Here
for
30
seconds
go
ahead,
I
teach
online
and
my
office
is
on
that
side
of
the
building
I
church
all
day,
saturdays
and
sundays,
yeah
zoom
meetings,
I'm
a
presenter
to
folks
throughout
the
united
states
and
and
canada,
and
I
can't
have
loud
noise
in
the
background,
while
I'm
trying
to
teach
online
and
that's
my
my
work,
I'm
an
independent
contractor
so
again
that
just
goes
to
the
fact
of
saturdays
and
sundays,
not
after
hours
and
in
the
evening.
So
thank
you
for
your
time.
D
Thanks
for
your
patience
and
waiting,
okay,
so
continuing
forward
is
there
anyone
else
present?
Who
wishes
to
speak
in
support
of
the
city's
position
for
reconsideration
of
conditions
of
this
permit
anybody
else
which
is
speaking
support
of
the
city?
Okay,
saying
not!
Is
there
anybody
that
wishes
to
speak
in
opposition
to
the
city's
requested
actions
here
related
to
the
conditional
use
permit?
D
R
Oh,
I
do
okay
right
well
I'll,
just
I'll
just
say
that
you
know
what
everything
that
ms
baldwin
has
said.
I
you
know
I
I
completely
understand
and
I
believe
we
do
have
a
limited
capacity
in
our
permitting
process.
We
have
limited
staff,
I
would
say
brian
davis
should
have
advised
her
at
the
time
he
was
issuing
those
permits
that
that
was
an
anomaly
that
went
past
the
month
of
april,
that
that
was
a
difference.
R
R
I'm
also
obligated
to
bring
these
violations
when
they
occur.
I
think
so
I
don't.
I
don't
have
a
lot
of
capacity
to
reach
out,
which
I,
if
I
did,
that
would
be
great
because
I
you
know,
I'm
all
about
trying
to
work
with
people
instead
of
bringing
the
hammer
down
if
I
can
help
it,
but
with
just
with
the
sheer
number
of
things
that
we
have
to
deal
with.
I
just
don't
have
that
luxury,
unfortunately,
so
yep.
R
I
do
appreciate
the
the
desire
to
have
that
in
place,
but
at
this
time
I'm
not,
I
think,
I'm
doing
the
best.
I
can
to
try
to
do
that
in
converse.
I
also
did
not
get
any
feedback
once
those
written
letters
were
sent
either.
So
so
from
that
standpoint
I
did
not
believe
there
was
a
lot
of
confusion
or
anything
on
that
part
either.
G
G
However,
I
I
do
remember
when
miss
baldwin
came
last
time
in
reconsideration.
I
think
this
there
was
some
of
the
same
well,
I
didn't
know
sort
of
defense
given
for
those
actions,
I
know
they're
different
actions,
but
by
the
same
token
you
know
it
is
explicit.
It
is
in
the
permit.
It
does
say
that
twice
right,
it
says
the
language
of
the
time
and
then
it
says
at
the
end
nothing
will
start
until
after
farmers
market
right.
So
I
would
like
to
see
maybe
some
sort
of
probational
period.
I
wouldn't
change.
G
I
wouldn't
change.
I
wouldn't
I
wouldn't
prohibit
and
get
rid
of
the
sound
permits,
but
I
would
I
would
suggest-
or
maybe
we
could
discuss-
maybe
some
something
along
the
lines
of
after
this
full
farmers
market
see
if
there's
any
other
problems.
I
don't
know
if
it's
six
months
and
they
come
back
and
and
see
if
there's
been
any
issues
and
we
can
go
from
there.
D
P
And
I
appreciate
that,
I
you
know
the
thought
that
I
I
was
having
was
rather
than
you
know,
having
some
kind
of
like
probationary
period
put
into
the
to
the
condition
or
into
the
permit
only
issuing
the
permit
for
that
limited
period
of
time,
and
I
would
need
to
ask
staff.
Maybe
if
there's
you
know
a
history
of
that,
but
then
that's
that's.
The
only
thing
I
was
thinking
of
with
that.
D
So
we
could
grant
an
amended
conditional
use
permit
for
maybe
a
period
of
whatever
you
might
suggest-
let's
say
maybe
a
six
months
and
then
by
default
that
would
expire,
but
they
could
come
back
reapply
and
at
that
time,
is
there
a
history
of
concerns,
problems,
noise,
chaos
from
that
location
and
if
there's
not,
then
we
could
look
at
at
issuing
another
one
and
those
are
usually
once
a
conditional
use
permit.
If
I'm
calling
it
correctly
is
issued,
there
is
no
normal
term
or
length
it's.
It
carries
correct.
D
Right
now,
good
minds,
think
alike.
Yours
is
greater,
so,
but
that's
a
good,
that's
a
good
way
to
begin
a
thought
process
here.
I
certainly
do
believe
that
any
complaint
has
to
be
taken
seriously
from
the
public
and
that's
exactly
what
staff
is
doing.
They're
following
up
on
that
drive
down
interstate
80
to
iowa
city
on
any
given
day.
I
do
it
a
lot.
The
speed
limit
70.,
if
you
go
71
you're
speeding
in
the
technicality
you've
just
violated
that
how
often
do
you
get
pulled
over
for
that?
D
What
problem
is
that
causing
it's
really
not?
What
happens
when
you're
doing
85
or
more
you're
looking
for
problems
so
technically
yep
she
violated
that
conditional
use.
Permit
sure
did.
Was
it
in
writing.
Yup.
Can
this?
Should
the
city
put
everything
on
a
billboard
and
tell
people?
Well,
no,
you
know
there's
some
law
that
says.
Ignorance
of
the
law
is
not
a
reason
to
violate
it.
It
wasn't
the
permit.
D
D
But
do
we
want
to
look
at
putting
somebody
on
a
license
restriction
with
my
analogy
just
based
on
that?
I
might
suggest
that
a
very
stern
warning
is
in
order.
Annie.
I've
said
this
to
others,
including
your
competitors.
The
buck
does
stop
with
you,
and
I
think
you
know
that,
and
I
know
you
have
a
lot
of
organizations
just
like
any
business.
D
Does
you
got
to
rely
on
good
people
to
carry
it
out,
so
I
think
some
internal
education
to
your
staff's
important
too,
when
somebody
gets
a
permit,
they
slap
it
on
the
wall
and
they
never
usually
look
at
it.
I
I
know
that
from
the
industry
I
work
in,
but
it's
important
understand
what
it
says
on
it,
so
my
thoughts
would
be
similar
to
perhaps
what
justin's
looking
at.
D
If
I
can
state
that
that
that
that
finding
a
way
to
kind
of
keep
this
on
a
string
where
it's
reviewed
more
closely-
and
maybe
that
means
the
conditional
use
permit-
it's
not
revoked-
it's
not
modified
to
any
great
degree,
but
it's
a
shorter
time
frame
and
we'll
see
what
happens
down
the
line,
but
those
are
just
thoughts.
There's
no
motion
here.
J
D
O
D
G
Know
I
I
do
think
you
know
the
second
time
the
violation
happened
and
it
was
confirmed
what
the
actual
regulation
was
and
they
stopped.
I
mean
they
took
that
step
okay,
so
they
did
take
that
good
faith
step,
and
I
want
to
make
that
part
of
the
record
that
I
think
that
should
be
considered
as
well.
I'm
going
to
go
back
to
what
I
was
trying
to
advocate
earlier.
I
I
I
I
don't.
G
I
think
the
consequence
is
enough
that
they
would
have
to
come
back
in
six
months,
and
so
I
I
would.
I
would
I'd
like
to
put
forth
a
motion
that
would
it
wouldn't
follow
the
recommendation
from
the
city.
It
would,
let
me
see
what
it
would
basically
it'd
be
a
conditional
use
permit.
That
would
be,
it
would
expire
in
six
months.
D
D
D
Of
then,
if
we
reissued
it,
we
would
just
reissue
it
with
no
restrictions
on
time
right
so
short
term.
Is
that
an
option
gary
if
we
said
we'd
we'd
like
to
in
essence,
take
this
conditional
use,
permit,
reconsider
it
in
a
weird
way
start
over
we'll
issue
a
conditional
use
permit
for
up
to
six
months
with
the
similar
conditions
as
before.
P
So
I
I
think
in
looking
at
chapter
134,
specifically
134
6.4.10
says
that
all
activity
authorized
by
an
approved
conditional
use
must
be
completed
within
two
years
or
less
time.
If,
if
ordered
by
board
decision,
I
think
that
that
that
arguably
grants
you
that
authority
to
to
time
limit
it.
I
don't
know
if
that
that
was
intended
for
this
particular
type
of
instance,
but
I
think
that
that
that
language
provides
you
some
authority
to
do
that.
P
In
addition,
I
would
say:
6.4.14
says
that
you
know
you
can
you
can
prescribe
appropriate
conditions
and
safeguards
in
conformity
with
the
chapter
and
then
a
violation
of
those
conditions
and
safeguards
would
result
in
revocation
of
the
conditional
use.
So
I
think
those
are
kind
of
two
different
options
there
that
that's
permitted
under
chapter
134
and
again
I
I
would
appreciate
it.
You
know
if
bird
or
anybody
else
has
any
thoughts
on
this
too.
I
don't
want
to
be
the
only
one
weighing
in
on
it.
R
D
V
D
Well,
it
does
relate
to
the
entire
conditional
use
in
this
case,
but
we
would
just
amend
we.
We
really
wouldn't
be
doing
anything.
She
would
still
be
allowed
to
have
up
to
eight
events
per
month,
fill
out
the
permits
as
necessary
for
those
sound
permits,
but
in
six
months
the
permit
expires,
so
in
practice
yeah.
If
she
didn't
choose
to
apply
to
renew
it
yep,
then
she
must
want
to
close
the
table
if
she
does
want
to
come
back
and
reapply,
she
can
at
that
time
we'll
look
at
the
operation.
D
If
there
have
not
been
any
concerns,
we
we
will
consider
the
merits
at
that
time.
So
there's
a
couple
ways
you
can
have
it
here.
Would
you
like
us
to
look
at
city
staff
recommendation
which
is
no
live
sound
for
six
months
or
we
allow
you
to
continue
and
res
operate
responsibly,
and
then
you
can
come
back
in
six
months
and
show
us
how
you've
operated
responsibly?
D
K
D
And
the
current
allowances
for
up
to
eight
events
per
month
in
accordance
with
permitting
and
appropriate
chapter
42
is
allowed
correct.
Is
that
clear
enough
for
city
staff
for
the
record
as
a
motion?
Okay
staff
sounds
like
they
get
it,
not
if
they
agree
with
it,
but
they
understand
what
we're
doing.
Okay.
Would
there
be
a
motion
for
justin's
or
second
for
justin's
motion?
D
D
D
D
D
A
Y
Chair
members
of
the
board,
catherine
drayjas
planner
for
the
city
of
des
moines,
as
mentioned
this
is
this
property
is
located
at
1951,
indianola
avenue
it
is
similar,
but
not
quite
the
same
too.
An
item
we've
already
heard
today.
This
property
is
a
restaurant,
requesting
a
variance
to
the
separation
distance.
It
is
a
required
70
foot.
Excuse
me:
75
foot
separation
distance
from
a
public
park.
In
this
case
I
always
forget
exactly
the
name
of
this.
I
get
this
park.
Thank
you.
I
get
it
mixed
up
with
the
neighborhood
association.
Y
Y
Y
Y
A
Y
Y
I
can
go
back
through
for
anyone
who
would
like
to
see
what
is
written
or
zoom
in
we
did
receive
a
card
from
indianola
hills,
neighborhood
association.
They
are
with
200
within
250
feet
of
the
subject,
property
in
support
of
the
request,
and
we
did
receive
email
back
from
mckinley
school
columbus
park,
neighborhood
association.
They
are
also
in
support
of
the
request,
and
this
request
is
within
this
particular
neighborhood
association.
A
D
Y
A
D
I
just
I
feel
that
that
could
have
some
relevance
or
importance,
but,
okay,
any
other
questions
for
catherine,
okay.
Thank
you
very
much.
Okay,
so
applicant,
you
guys
have
been
here
patient
today,
you've
seen
how
this
works
at
least
process
wise.
We
just
you,
can
come
on
up
just
give
both
your
name
and
addresses.
C
D
T
T
T
T
It
should
be
known
that
casa,
cancun
is
not
an
establishment
created
to
provide
only
liquors
to
our
clients,
casa,
cancun.
Its
main
purpose
is
the
sale
of
food
on
site
and
provide
diners
with
a
fun
space
for
their
family
gatherings,
and
this,
in
turn,
can
have
at
their
disposition
beverages
with
alcohol
to
accompany
their
food.
Many
customers
come
to
the
restaurant,
and
many
of
them
are
even
neighbors
of
our
community.
They
sit
down.
T
They
are
served
with
initial
service
at
no
cost
menus,
cutlery,
nachos
and
sauces,
and
when
they
ask
for
their
alcoholic
beverages-
and
they
are
not
available,
90
stops
and
leaves
in
the
other
10
stay
eat
and
does
not
return.
We
receive
constant
calls
asking
if
we
already
have
a
license
to
sell
legally.
T
In
cancun,
the
future
cell
of
liquors
is
directly
connected
to
the
operation
of
the
kitchen
open
kitchen,
open
bar,
close
kitchen
close
bar.
I
can
mention
that
at
this
point
we
can
adapt
to
a
reduced
schedule,
no
more
than
10
percent
of
our
usual
schedule
in
search
of
saving
the
company
and
understanding
your
concern
of
changing
the
zoning
for
1951
location,
which
was
rented
for
a
family
restaurant
and
his
use
has
previously
been
as
a
restaurant
license
for
the
sale
of
alcohol.
T
I
can
offer
you
that
casa
cancun
can
adopt
a
new
schedule
from
monday
to
sunday
from
11am
to
9pm.
This
is
to
come
a
little.
The
concern.
In
the
case
there
are
from
our
neighbors
that
casa,
cancun
becomes
a
place
of
only
alcohol
dispatch.
We
are
an
establishment
of
only
14
small
tables
of
four
chairs
each
table.
It's
a
reduced
place.
This
does
not
allow
me
to
have
nocturnal
parties
that
involve
disorder
that
affect
our
neighbors.
C
T
Note
if
we
cannot
have
the
support
of
the
city
of
des
moines
under
its
argument
for
the
change
of
sunning
of
the
local
1951
indianola
avenue
in
des
moines,
I
must
close
permanent
casa
cancun
being
in
a
state
of
total
bankruptcy
of
the
company.
Gotta
allow
this
not
to
happen
with
this
brief
explanation
of
my
case.
I
conclude
and
let
the
debate
be
open
in
search
of
the
best
solution.
T
A
T
T
D
T
D
T
G
T
C
D
D
O
D
O
D
For
me,
yep,
jim
post
is
the
columbus
mckinley
neighborhood
president
and
jim
specifically
talked
with
the
operator
and
yeah.
There
has
been
a
restaurant
there
for
many
years
where
we
did
grant
a
variance
under
this
very
clause
because
in
general
the
variance
test
was
not
going
to
be
detriment
to
the
neighborhood.
D
In
fact,
it's
enhanced
that
area
brought
people
to
that
part
of
the
south
side
that
had
never
come
there
and
and
and
and
that
was
strudel
house
and
they've
moved
on,
but
because
the
use
had
expired
for
the
length
of
time
it
would
need
to
be
reconsidered.
But
yeah
we
had
somebody
there
selling
alcohol,
german
wine
for
a
number
of
years
and
german
beer.
D
D
Okay,
all
right,
all
those
in
favor
to
grant
the
variance
subject
to
the
11
conditions
presented,
raise
your
right
hand
say
aye
and
those
opposed
all
right.
There's
just
one
opposed
motion
carries,
so
you
keep
up
the
good
work
down
there
and
I'd
suggest
taking
out
some
additional
property
insurance
for
the
next
time
a
car
tries
to
run
into
your
building.
D
F
Chair
members
of
the
board,
the
applicant
is
proposing
use
of
a
3750
square
foot,
building
for
retail
sales,
limited
use
with
sales
of
wine
and
or
beer
as
a
retail
sales,
limited
use
in
the
mx2
district.
No
more
than
40
percent
of
the
gross
receipts
from
sales
from
the
premises
may
be
derived
from
the
sale
of
wine
and
or
beer
for
off-premise
consumption,
and
so
the
mx-2
district
does
allow
for
this
to
occur.
Subject
to
obtaining
the
conditional
use.
F
F
F
F
F
F
D
F
F
D
A
F
F
D
AA
AA
Once
up,
he
evaluated
re-evaluated
his
budget
once
that
I
even
looked
at
the
building
and
told
him
all
the
things
that
he
needed
to
comply
with,
especially
greece,
interceptor
and
all
of
the
different
configurations
of
the
building
wow
he
backed
out
and
said
well,
how
about
just
a
small
convenience
store
that
it
will
sell
beer
and
wine
as
well?
Okay.
So
then,
I
just
move
on
to
you
know.
AA
So,
looking
at
that,
we
evaluated
the
building
and
determined
he
was
going
to
only
lease
1500
square
feet
of
that
building.
So
that's
the
reason
why
that
drone
that
you
see
there
it
shows
that
dash
area
is
only
the
area
that
he
will
occupy
if
he
rents
this
building.
The
remain
space
is
going
to
be
a
storage
for
the
owner
and
I
literally
talked
to
the
owner
about
it.
So
he's
just
going
to
store
his
things.
AA
You
know
family
things,
I
don't
know
what
they're
going
to
start
in
there,
but
anyway,
so
mr
matar
is
only
going
to
occupy
the
first
top
portion
of
that
building,
so
I
did
a
little
layout
of
the
parking
just
as
it
is
because
I
knew
that
there
was
gonna
have
to
be
some
temporary
condition.
You
know
applied
for
with
this
city,
so
the
site
plan
has
not
been
generated
completely
in
this
case
is
still
that
easily
to
access
from
university
avenue
and
the
access
from
8th,
8th
avenue
so
pretty
much.
This
could
change.
AA
You
know
if,
if
there
is
any
requirement
with
the
new
site
plan
to
be
laid
out,
this
doesn't
even
show
where
the
trash
dumpster
is
gonna
go
or
any
of
you
know,
new
plantings
or
new
fences
or
any
of
the
items
that
will
have
to
be
considered
if
they
need
to
be
considered
in
there.
So
there
is
not
going
to
be
any
cooking
food
or
anything
everything
is
going
to
be
in
a
cooler.
So
it's
going
to
be
some
refrigerators.
AA
There
is
no
eating
in
the
inside
the
building
pretty
much
it's
just
a
small,
very
small
scale.
Convenience
store.
What
else?
I
think
that's
what
I
have
for
now.
We
did
participated
in
one
of
the
neighborhoods
meetings
and
I
know
that
there
were
a
lot
of
discussions
about
you
know
if
the
corner
was
going
to
be
too
crowded
or
you
know
they
didn't
like
they
are
having
that
type
of
business
there.
AA
J
Yeah,
I
should
probably
introduce
myself
also
I'm
edward
sankey,
I'm
an
architect.
Also.
I've
been
working
with
mellie
on
a
number
of
projects
here,
the
last
few
years
we're
doing
a
library
over
in
prairie
city.
Now,
right
now,
I
was
actually
an
associate
architect
in
the
project
across
the
street
here
for
trans
vote,
but-
and
I
know
I'm
very
familiar
with
sitting
in
on
sessions
like
this-
it
doesn't
bother
me
to
sit
for
the
afternoon
and
listen
to
you.
I
know
what
you
guys
have
to
go
through
to
do
this.
J
It's
really
tough,
but
we
just
talked
about
the
project
a
little
beforehand.
Here
we
know
it's
a
tight
site.
We
know
there's
a
residence
right
across
the
street
there
and
it's
a
bit
of
a
problem,
but
if
we
can
possibly
get
a
variance
or
come
up
with
a
site
plan
that
might
alleviate
some
of
the
hesitation,
you
might
have
to
have
this
in
there
a
very
small
1500
square
foot
space.
J
AB
Thank
you,
I'm
zane
blossom
legal
counsel,
I'm
at
1200
valley,
west
drive
in
west
des
moines.
I've
been
doing
some
work
for
mr
mohammed
concerning
this,
and
I
think
you
did
hear
from
the
architect
there's
a
site
plan.
They
have
that
on
the
board
and
it's
only
1500
feet.
So
it's
approximately
just
a
little
over
half
of
that
designation,
designated
area
and
I'm
not
sure
if
the
council,
actually
the
board,
actually
knows
it.
This
is
on
a
city
block
where
the
entire
south
end
the
whole
half
is
a
strip
mall.
AB
All
behind
him
is
a
strip
mall
with
a
grocery
store
on
the
corner
of
it.
I
believe
it's
an
asian
grocery
store
across
the
street
to
the
west
over
this
direction.
Oops
over
that
there
you
go
to
the
west
on
the
other.
Far
corner
is
a
abandoned
parking
lot.
It
used
to
be
a
service
station.
That's
now
turned
over
to
a
taco
truck
and
their
their
use,
and
I
know
it
familiar
very
familiar
because
I
use
it.
I
eat
them
quite
often
across
the
street.
Kitty
corner
is
a
large,
quick
trip.
AB
That's
in
the
area,
and
why
do
I
bring
that
up
and
because
one
thing
of
the
three
items
that
the
the
city
and
workers
have
looked
at
is:
is
there
adequate
safeguards
in
this
area?
Well,
considering
that
if
you
look
kitty
corner
the
quick
trip,
there
are
houses
directly
behind
that
entire
complex,
that's
ken
the
duroc
housing
complex,
I
believe,
and
then
there's
other
houses
so
right
across
the
street.
There's
another
example
of
a
convenience
store
with
housing
as
to
the
houses
directly
to
the
west.
I
think
there's
now
existing
three.
AB
AB
The
quick
trip,
if
you
look
behind
them,
is
that
whole
housing,
district
and,
of
course,
across
the
street.
There
is
a
housing
as
well
in
that
area,
and
this
is
that
food
truck
I
pointed
out.
This
is
the
strip
mall.
Now
these
are
commercial
buildings
along
them
and
they're.
They
look
abandoned.
I
don't
know
if
there's
some
future
hoping
I
know,
they've
gone
through
several
changes,
so
that's
a
commercial
district
and
then
there's
the
asian
grocery
store
right.
There.
B
AB
AB
Millie
did
mention
that
as
part
of
their
site
plan,
they
will
we've
configured
this
and
I
believe,
there's
been
discussion
about
limiting
the
access
and
I
don't
think,
there's
any
access
questions
on
university
but
parking
it.
There's
no
intent
to
have
parking
out
front
so
either
block
that
off
or
just
use
it
for
a
turnaround
area
so
again
adequate
safeguards,
I
think,
have
been
installed.
AB
AB
As
I
said
there,
this
is
a
commercial
district.
This
is
kitty
corner
from
lutheran
hospital.
There's
a
taco
truck,
there's
a
there's,
a
strip
mall.
This
is
already
has
heavy
traffic
on
it.
So
I
don't
think
the
use
by
mohammed
is
going
to
change
that
any
in
any
event,
last
is
a
detriment
to
the
surrounding
properties.
That's
item
number.
Seven.
We
don't
believe
again,
there's
been
no
objections,
but
I
don't
think
this
is
going
to
be
somehow
a
detriment
to
the
existing
properties.
AB
AB
You
can
take
a
look
and
say
how
it's
affected
the
neighborhood
give
us
a
six
month,
go
at
it
and
see
what
happens
and
as
the
as
the
board
also
knows
that
there's
no
subject
to
constraints
to
put
cigarettes
in
there
if
it's
granted
or
just
a
straight
convenience
store
without
bearing
say
baron
alcohol.
But
I
understand
this.
I
understand
the
board's
concerns
about
beer
and
alcohol.
We
wouldn't
object
to
the
sunset
provisions
of
a
six-month
conditional
use
that
always
gives
you
a
chance.
The
flavor
you
know
in
a
courtroom.
D
AB
AB
He
was
turned
down
on
the
one
on
ninth
and
hall,
the
one
on
eighth
and
I'm
not
sorry,
sixth
avenue
he
actually
sub
rented
from
the
sub-tenant
from
a
sub-tenant,
and
this
board
had
given
a
conditional
use
permit
that
they
were
agreeing
to
and
there's
just
been
a
whole
host
of
problems.
So
is
he
in
there
he's
temporarily
subleasing
it
that's
going
to
end
next
month,
and
so
previously
he
has
had
a
number
of
he
moved
to
mohammed,
it's
a
corporation,
but
it's
his
corporation.
AB
G
AB
AB
D
AB
He's
got
to
do
that
anyway.
Absolutely
so,
that's
why
the
architects
have
been
doing
it
and
then
I
think
they've
done
a
nice
job,
drawing
it
up
and
they've
been
basically
spearheading
that
part.
So,
to
answer
your
question:
yes,
okay,
two
for
lack
of
better
ways
to
say
it:
alcohol
and
beer,
yeah,
I'm
sorry,
wine
and
beer.
AB
D
AB
D
AB
AB
D
AB
D
And
I
I
don't
want
to
get
into
a
lot
of
site
plan
details,
but
again
I
I
I
know
this
opera
or
the
the
location.
Well,
my
myself.
I've
worked
in
this
neighborhood
for
26
years,
and
that
was
an
old
clark
station
where
the
transient
merchant
is
up
there
at
10
and
east
university,
but
in
in
looking
at
this
location
you
know
we
have
to
make
sure
that
we're
not
like
piling
on
to
the
problems
here.
You
know
he
could
maybe
open
a
convenience
store
if
he
meets
site
plan.
D
But
if
we're
going
to
add
alcohol
sales
yeah,
that's
probably
going
to
more
people
would
come
to
it
than
would
otherwise,
but
I
have
problems
understanding
how
the
traffic
would
get
in
and
out.
I
heard
something
about
well:
we'll
have
no
parking
on
the
north
side.
Well,
I
think
that's
where
I'd
hop
in
off
university
eastbound.
D
If
we
draw
more
traffic
down
to
east
8th
street,
how
do
the
cars
get
in
and
out
to
park?
How
do
they
maneuver?
How
will
beer
distributors
park
their
trucks
to
unload
we've
had
issues
before
where
we
then
do
get
into
unloading
onto
streets
and
residential
neighborhoods?
So
the
better?
I
could
understand
your
layout,
the
more
confidence
I
could
have
on
how
this
I.
I
AB
AB
D
Okay
and
with
within
some
reason
and
consideration
yeah
if
somebody
wants
to
go
westbound
on
east
university,
they'd,
well,
they'll,
yeah
you'd
either
have
to
then
have
an
exit
on
to
east
eighth.
So
they
could
pull
up
the
stop
sign
and
and
and
then
go
out
so
so
for
the
idea
that
yeah,
if
you're,
not
selling
beer,
you're,
not
gonna,
get
customers.
If
you
only
have
a
one
direction
in
that's
going
to
kind
of
limit
how
convenient
it
is
to
get
in,
I'm
not
trying
to
do
your
sales
for
you,
but
unless.
D
Good,
very
nice,
but
again
it
just
helps
me
understand
a
little
better
there's
a
lot
of
times.
I'm
not
sure
what
the
order
of
precedence
should
be,
but
sometimes
folks
bring
a
proposed
site
plan
to
generally
meet
city
requirements
when
they
first
step
in
front
of
us.
I'm
not
saying
you
have
to
do
that,
but
that
would
help
me
understand
it
a
little
better,
because
I
think
the
impacts
on
east
8th
would
be
my
biggest
consideration.
I
do
understand
what
you're
saying:
there's
some
other
commercial
businesses
there.
D
AB
D
And
if
we
were
inclined
to
consider
this
would
a
limitation
in
hours
to
maybe
you
know
close
by
11
p.m
or
at
midnight
be
something
somebody
could
consider,
because
we
we
do
have
residences
on
the
west
side
of
the
street,
and
I
know
at
many
locations
we
do
get
questions
about
people
loitering
on
a
property.
They
come
in,
it's
a
nice
night.
They
they
they
buy
that
that
beverage
and
they
just
want
to
visit
in
the
parking
lot
and
then
suddenly
we
have
congestion
in
later
hours
and
loitering.
I'm
not.
D
D
AC
My
name
is
jill
burnett
request.
I
live
at
2701
glendora
drive
in
des
moines.
My
second
home
is
on
your
map.
There,
705
east
university,
I'm
the
principal
at
carver
elementary,
and
I
hear
everything
that's
been
said,
and
I
appreciate
all
your
questions
and
I
very
much
appreciate
everything.
That's
in
your
rationale,
staff
rationale.
As
far
as
why
you're,
not
in
support
of
this
plan,
I
did
pull
my
numbers
of
my
families
and
students,
and
I
have
roughly
185
students
of
my
440
that
live
in
that
immediate
area.
AC
The
one
that
thing
that
wasn't
mentioned
was
that
all
of
those
children
walked
to
school
and
are
in
that
literally
all
the
way
we
lost
busing
north
of
university.
So
all
of
our
kids
from
washington
walk
south
to
carver.
So
we
have
a
significant
number
of
students
who
are
walking
and
in
the
neighborhood
for
a
variety
of
reasons.
Yes,
they
go
to
quick
trip.
Yes,
they
are
around
in
the
neighborhood
and
the
traffic
will
be
there.
The
traffic
is
already
insane
on
university.
AC
D
AC
Z
Good
afternoon
chair
members
of
the
board,
my
name
is
dina
bennett
and
I
can
answer
the
question
of
the
comment
card
mystery
because
I
think
I
received
it
because
I'm
the
primary
contact
of
capital
park,
neighborhood
association.
I
think
that's
why
I
received
that
so
and
my
address
is
1371
east
9th
street.
I
live
about
just
short
of
a
third
of
a
mile
north
of
this,
this
property
north
of
the
quik
trip,
and
so
I'm
here
on
behalf
of
myself
and
also
a
capital
park.
Z
Neighborhood
I've
lived
there
for
eight
years
now,
so
I
was
at
the
meeting
that
miss
stevens
referenced
and
mr
matar
was
also
there
and
we
discussed
the
proposal
and
we
as
an
association.
We
voted
to
oppose
this,
and
so
we
believe
the
proposed
change
would
not
be
your
following
criteria
for
the
reasons
stated
by
jill
because
of
the
safeguards
that
it
would
potentially
pose
risks
to
children
that
walk
in
the
area.
Z
We
also
believe
that
having
a
business,
there
would
continue
to
like
to
increase
the
congestion
that
already
is
on
that
street.
There
are
a
number
of
accidents
that
occur
frequently
in
east
university
in
penn
already,
and
I've
had
many
near
misses
just
myself
because
of
the
taco
truck
right
there.
So
having
more
another
business
there
I
mean
there
hasn't
been
one
there
for
quite
some
time.
Z
I
I've
been
told-
I
don't
know
this
from
my
own
self,
but
I
have
heard
from
others
who
have
confirmed
this,
that
the
other
properties
owned
by
mr
matar,
who
would
be
again
the
guy
leasing,
the
this
property
it
would
be
one
of
one
of
which
is
super
sabre
liquor
on
16296
avenue
in
the
river
bend
neighborhood
and
we've
been
told
that
that
has
that
property,
as
opposed
to
nuisance,
to
neighbors
and
police.
In
that
that
area.
Z
We
have
concerns
that
the
same
would
occur
in
our
neighborhood
and,
to
sum
up
I
mean
we
already
do
we
def
desperately,
as
you've
said,
we
need
development
on
that
block
really
badly,
and
so
I
was
excited
initially
to
see
someone
working
on
it.
But
when
I
heard
the
proposal
my
heart
fell
because
this
is,
I
don't
think
this
is
what
we
need
and
our
neighbors
agree.
Z
We
oppose
this
specifically,
I
mean
especially
for
the
reason
cited,
but
I
don't
like
to
oppose
things
without
providing
constructive
feedback,
but
I'm
not
a
city
planner.
We
haven't
actually
talked
to
the
building
owner
as
a
neighborhood
in
all
of
this,
and
so
I
I
can
say
I
think,
as
neighbors
we'd
want
to
work
with
the
owner
in
the
city
and
come
up
with
a
solution
that
would
be
best
for
everybody
involved
again,
the
whole
block
needs
development.
Z
D
R
Mr
chairman,
members
of
the
board,
eric
lendy
zoning
enforcement
officer-
one
thing
I
do
want
you
to
understand-
and
I
think
you
do
but
I'll
say
it
is
that
you
don't
have
the
discretion
on
the
matters
of
the
site
plan.
That's
right
through
chapter
135,
so
they
will
that'll
be
enforceable
separately
and
and
the
board
doesn't
have
any
ability
to
give
any
leniency
on
that.
So
from
that
respect,
it's
good
to
hear
that
their
intentions
are
that
they
would
follow
a
site
plan
regardless
of
the
outcome
of
this.
R
Second
of
all,
the
question
came
up
about
the
amusement
devices
at
another
location.
My
understanding
of
the
code
is
that
the
liquor
license
or
beer
license
is
imperative
in
order
to
get
registration
of
those
devices
with
the
state.
So
if
they
don't
have
the
the
ability
to
sell
alcohol,
I
don't
believe
they
also
don't
have
the
ability
to
register
those
devices
gee.
So
that's
just
my
my
review
of
it
that
should
you
know,
involve
a
legal
interpretation
as
well,
but
something
to
take
into
account
that
there's
the
potential.
R
G
A
I
D
AB
No,
I
and
I'll
answer
questions.
Does
it
come
again?
Zane
bless
them
sure
attorney
forum,
and
I
think
the
first
thing
I
better
do
is
clear
up
a
couple
of
things.
Actually,
the
games
is
go
fish
and
I
wasn't
here
when
they
had
the
other
type
of
games.
It's
not
a
gambling
game.
You
cannot
give
money
for
it.
So
to
answer
your
question
eric,
that's
incorrect,
you
do
not
need
a
beer
and
orange
or
liquor
license
for
it.
AB
In
fact,
I
know
that's
true
because
in
the
strip
mall
in
the
asian
restaurant
here
I
walked
in.
I
checked
the
neighborhood
out
yesterday
or
monday.
They
have
those
games.
In
fact,
it
looks
like
a
little
casino
inside
there
there's
about
five
to
six
games.
The
big
game
they're
talking
about
is
called
fish
and
it
looks
like
a
huge.
You
know:
tailed
pawn
game
spread
over
a
pool
sized
table,
that's
what
it
looks
like
and
I
don't
know
what
they
are
attracted
to
yeah
yeah.
Apparently
there's
a
group,
that's
attracted
to
it.
AB
AB
A
AB
Avenue
it
actually
is
not
a
contract,
buyer
get
and
go
owns,
it's
no
get
and
go
groceries
or
a
convenience
store
pumps.
One
out,
then,
if
you
know
anything
about
this,
this
is
in
the
river
bend
area,
the
sublesser
subleased
it
to
another
subleaser
who
let
at
least
it
to
my
client.
There
was
a
conditional
use
permit.
When
we
did
a
purchase
agreement,
they
were
never.
AB
They
never
provided
us
with
either
the
lease
agreement,
sublease
agreements
or
the
condition
to
use
permit
the
the
purchase
agreement
took
place
in
a
week's
time,
not
to
my
advice,
but
that's
what
happened.
So
that's
been
just
a
terrible
mess.
It's
a
river
bend.
I
understand
why
the
riverbed
has
issues
they've
been
trying
to
clean
up
that
neighborhood
for
well,
since
I've
been
a
new
one,
so
we're
going
to
be
leaving
that
neighborhood
just
because
of
all
the
problems.
AB
AB
I
ride
my
bike
over
there,
it's
terrible,
but
for
the
children-
and
you
know
just
so,
you
understand
that
children
will
be
finding
a
convenience
store
because
they
get
out
of
school.
They
go
buy
chips
and
stuff
more
than
likely
they'll
be
coming
to
our
facility.
So
something
to
consider,
and
so
that
is
a
concern.
However,
that
is
the
commercial
district
I
mean
that
is,
and
so
it's
kind
of
like
putting
the
cart
before
the
horse.
What
do
you
want
to
do?
AB
You've
chairman
you've
lived
there
or
worked
there
and
you've
seen
how
disrepair
it
is.
They
have
this
nice
strip
mall
back
here,
but
they
have
these
buildings
on
here
and
they've
been
vacant.
I
know,
there's
apartment
complex,
my
client's
gone
in
and
he's
really.
He
has
he's
dumped
serious
money
into
making
this
look
better
as
best
he
can.
AB
The
best
thing
to
do,
of
course,
tear
it
down
and
build
a
new
quick.
Stop
that's
not
what's
getting
done,
so
I
think
actually
a
convenience
store
like
this
can
help
the
neighborhood
by
bringing
commerce
to
the
area.
It's
just
how
you
want
to
limit
that
commerce,
because
to
get
a
permit,
an
occupation
permit
we're
going
to
have
to
get
a
site
plan
to
get
that
approved,
but
that
that's
a
pretty
easy.
Once
we
comply
with
the
the
the
occupancy
permit,
there's
not
much
you
can
restrict!
They
can
sell
about
anything
in
there.
AB
So
we're
going
to
comply
with
that.
I
mean
we're
going
to
make
it
a
nice
site
plant
we're
just
asking
for
the
beer
and
wine
sales
to
facilitate
that,
and
I
don't
think
just
I
know,
you're
thinking
next,
okay,
what
about
pull
tabs
and
that
kind
of
stuff
you've
got
to
have
a
separate
license
that
go
fish
gaming?
The
video
games
aren't
required
to
have
a
pull
and.
AB
I
know
the
teachers
are
concerned
about
what's
going
to
be
available
so,
okay,
anyway,
with
that,
I
think
we're
asking
you
for
to
give
us
conditional
use
permit
and
if
you
want
to
put
the
sundown
provisions
on
it
more
power
to
you.
If
you
want
to
restrict
ours,
if
you
don't
give
us
the
conditional
use
permit
requirements,
the
operation,
I
know,
will
probably
be
at
least
the
2
in
the
am
or
might
be
at
24
hours.
AB
G
Just
chairman,
I
have
a
couple
initial
things.
One
is
just
a
concern.
I
mean
when
you
have
these
machines,
it
it
it's
less
about
convenience
and
you're
going
in
and
out.
You
will
have
people
there
all
the
time
playing
those
games,
and
I
can
I
can
attest
to
that,
because
I
have
an
office
right
down
there
on
sixth
avenue
and
I
come
at
seven
a.m
and
there's
five
or
six
people
in
the
parking
lot
of
that
thing,
and
I
leave
at
six
and
there's
five
or
six
cars
in
that
parking
lot.
G
G
G
D
D
That
does
have
a
driveway
to
the
west,
but
with
any
property
with
public
safety
and
fire
access.
You've
got
to
have
enough
driveways,
but
the
concern
I've
got
here.
It's
not
about
the
front
edge
to
university.
It's
busy
street
we're
just
going
to
have
cars.
There
they're
they're,
going
to
go
somewhere
to
get
what
they
want,
but
drawing
more
traffic
onto
east
8th
street
is
a
concern
of
mine.
East
8th
is
not
a
street
you
would
use
to
cut
through.
D
It
is
not
a
handy
street
because
when
you
get
up
to
university,
it's
not
a
controlled
intersection,
but
by
default,
as
was
explained
by
the
applicants,
you
know
they're
going
to
be
using
east
8th
street.
That's
where
parking
is
going
to
be
occurring
on
the
west
side
of
the
place
and
we've
got
five
or
six
houses
on
that
block.
D
Having
additional
traffic
on
east
eighth
at
any
time
of
day
would
be
a
concern,
but
when
we
get
into
early
evening
late
evening,
even
overnight,
within
our
jurisdiction,
as
mr
blossom
said.
Well,
you
know
if
you
don't
approve
this,
why
we
could
have
a
convenience
store
there
anyway
and
be
open
24
hours
yup.
D
But
I
can
only
think
about
what
I
have
the
ability
to
make
a
decision
on
and
if
we
would
allow
alcohol
sales
here
into
the
evening
or
late
evening
about
at
any
time
that's
going
to
drive
traffic
there
and
that's
going
to
drive
traffic
onto
east
8th
street,
and
I
would
see
that
of
a
concern
to
keep
the
residential
character
of
that
street.
We
have
businesses
close
by.
D
O
D
Yep,
so
we've
got
a
motion
in
a
second
by
marvelous
and
then
by
mel,
a
second
for
denial
of
the
requested
conditional
use
permit.
All
those
in
favor
raise
your
right
hand
say
aye,
all
right.
Okay,
that
motion
carries
5-0
I'd
like
to
see
a
business
used
back
in
here.
Maybe
you
can
have
a
convenience
store
without
alcohol.
That's
not
our
jurisdiction,
but
something
that
probably
fit
a
little
bit
better
for
the
neighborhood
would
be
good.
D
O
D
S
All
right,
chair
members
of
the
board,
bert
ross,
deputy
planning
administrator
for
the
city.
The
request
before
you
on
this
item
is
a
request
for
a
use
variance.
The
property
was
recently
turned
down
for
a
re-zoning.
The
applicant
had
requested
the
property
be
rezoned
to
the
I-2
district.
However,
the
city
council
denied
that
just
earlier
this
month,
so
since
that
rezoning
was
denied,
the
applicant
now
has
one
year
from
the
date
of
that
denial
in
order
to
seek
a
use
variance.
S
So
the
property
is
located
along
martin
luther
king
junior
parkway
in
between
hickman
road
to
the
south
and
douglas
avenue
and
euclid
avenue
to
the
north.
The
property
is
owned.
Mx3
the
applicant
currently
operates
a
auto
repair
business
and
they
are
wanting
to
be
able
to
buy
salvaged
cars
that
they
would
be
fixing
up
and
then
selling
here
and
I'll.
S
So,
like
I
mentioned,
the
property
is
located
on
the
east
side
of
our
martin
luther
king
jr
parkway,
just
to
the
north
of
pikmin
road.
It's
currently
used
for
auto
repair.
This
is
looking
at
it
from
another
angle.
You
can
see
there's
a
short
billboard
on
the
southern
portion
of
the
subject
property,
and
this
is
the
property
to
the
north,
and
then
this
is
just
another
view
down.
Martin
luther
king
facing
south.
S
All
right,
here's
the
sketch
that
the
applicant
submitted
you
can
see
that
they
have
the
garage
with
north
is
to
the
left
here.
So
mlk
junior
parkway
runs
north
south
along
the
bottom
of
the
sketch
and
then
they're
having
this
showing
the
sales
office
here
and
then
the
auto
repair
garage
on
the
east
portion
of
the
lot.
And
then
each
of
these
squares
represents
a
vehicle.
I
do
know
that
they
need
to
do
a
site
plan,
so
the
site
plan
will
have
to
identify
where
all
of
their
outdoor
parking
of
vehicles
occurs.
S
As
I
mentioned,
it's
a
use,
variance
as
we've
talked
on
a
few
previous
items.
Today.
The
criteria
for
granting
a
variance
are
pretty
hard
to
meet.
They
have
to
find
that
without
the
variance,
there's
no
other
economical
value
of
the
property,
and
since
this
property's
owned
mx3,
there
is
a
pretty
long
list
of
uses
that
are
permitted.
So
it
was
hard
for
staff
to
find
that
without
this
use,
variance,
there's
no
economic
use
of
the
property.
So
we
have
recommended
denial
of
the
use
variants
as
you'll
see
in
your
packet.
S
We
do
have
some
conditions
that
we
would
recommend
if
the
board
was
inclined
to
grant
the
use
variants
and
really
our
conditions
are
geared
to
just
make
sure
that
this
wouldn't
have
any
negative
impacts
on
the
surrounding
neighborhoods.
The
most
notable
conditions
are
one
and
seven
which
one
requires
any
unlicensed
or
inoperable
vehicle
to
be
stored
in
within
the
building
and
then
number
seven
is
just
another
comment
requiring
any
repair
of
vehicles
to
only
occur
within
the
building
as
well,
but
we
did
not
receive
any
comment
cards
back.
S
I
was
at
the
plan
and
zoning
commission
meeting
when
the
request
for
the
rezoning
occurred.
There
were
quite
a
few
people
that
attended
that
meeting
who
had
concerns
with
having
heavy
industrial
zoning
along
this
corridor,
but
in
general
they
were
supportive
of
the
business
operator
and
they
they
seemed
to
like
what
he
was
doing
and
but
again
they
just
didn't
feel
that
having
heavy
industrial
zoning
along
martin
luther
and
junior
parkway
was
appropriate.
So
with
that,
are
there
any
questions?
For
me,
this
is
just
their
neighborhood
outreach.
S
D
D
A
D
N
Good
afternoon
everybody,
my
name
is
matt
moon,
coco,
the
owner
of
economical
on
27,
2713,
martin
luther
king
yep,
so
basically
at
economical,
we
operate
as
a
dealership.
We
buy,
we
buy
clean
title
cars
and
rebuilt
ty
rebuilt
titles,
basically
in
in
the
state
of
iowa,
you
can
only
do
up
to
six
cars
a
year
with
rebuild
title
with
copar,
so
copart
is
opened
up
to
the
public.
With
with
copart
you
can
like.
N
N
The
front
office,
and
this
back
over
here
are
two
small
garages
that
fit
two
cars
in
in
the
middle
garage.
Right
here
is
a
two:
it's
a
two
unit:
storage
garage.
The
other
door
is
on
this
side
that
caught
that
the
underneath
garage
takes
up
to
eight
cars
and
the
top
garage.
The
first
floor
I
mean
the
second
floor.
Garage
takes
up
to
eight
cars,
also,
so,
basically,
with
the
recycling
license.
What
I'm
planning
on
doing
it
basically
just
opens
up
the
limits,
the
the
limitation
of
cars
that
you
can
buy
a
year.
N
The
property's
still
going
to
be
the
same,
and
I
think
that
was
one
of
the
biggest
communication
that
I
had
in
the
beginning.
When
the
city
sent
out
the
first
letter
about
the
rezone,
and
they
said
we
were
planning
on
turning
the
property
into
a
junkyard,
but
the
property
will
not
be
turned
turned
into
a
junkyard,
but
it's
in
the
same
category
as
a
junkyard.
N
So
with
the
recycling
license
just
gives
us
more
options
to
buy
more
cars
than
six
six
six
cars
a
year
gave
us
that
limitation
with
plus
being
a
dealership.
You
can
buy
unlimited
cars.
So
when
we
buy
these
cars
from
copart,
we
usually
been
taking
them
straight
to
the
to
the.
I
was
called
to
the
to
the
body
shop
on
on
sixth
avenue.
N
Getting
the
body
work
done
then
bring
the
cars
back
to
the
lot
do
break
break
changes,
oil
changing
make
sure
like
there's
no
issues,
then
after
that
we'll
usually
drive
the
car
up
to
huxley,
to
get
it
inspected
by
the
police
department
at
huxley.
So
they
have.
The
car
basically
has
to
pass
all
the
everything
on
the
list
that
the
vehicle
is
safe.
It's
safe
for
driving,
then
after
that
we'll
usually
bring
it
back
to
the
lot
and
take
it
down
downtown
to
register
and
come
back
out
and
resell.
It.
D
K
K
N
N
N
The
cars
are
actually
ready
to
go
back
on
sale
once
we
get
the
inspection,
but
they
will
be
parked
in
the
back
inside
of
those
garages,
we
usually
started
putting
all
the
cars
in
the
back,
because
lately
we've
been
having
issues
with
cadillac
converters
being
cut
off
a
vehicle
so
and
that's
one
of
the
biggest
problems
that
we
have
right
now.
So
we
were
working
on
putting
up
a
12-foot
fence
in
the
back
just
blocking
everything.
N
D
D
So
you
can
in
essence
buy
sell
or
trade
as
many
titles
a
year
as
you
want
under
your
dealership,
license
and
under
the
city
of
des
moines,
as
you
use
car
dealer
now
right,
yes-
and
you
probably
do
some
repair
to
those
used
cars
now
correct,
yes,
okay,
but
what
you
want
to
do
is
basically
buy
salvage.
Junk
rebuild
titles.
Is
that
what
I'm.
N
D
N
D
N
N
D
Yeah
yeah,
okay,
all
right
good
presentation!
Thank
you.
Thank
you,
guys.
Okay,
we
got
a
huge
audience
left
here,
so
anybody
here
to
speak
in
support
of
the
applicant,
seeing
none
anybody
in
opposition
to
the
applicant
anybody
in
neutrality
any
further
or
any
comment
from
zoning
enforcement
officer
looks
like
potentially.
R
R
R
A
dominant
percentage
of
our
enforcement
is
probably
related
to
junk
and
salvage
vehicle
storage
illegally
around
the
city,
so
allowing
it
by
a
use
variance.
I
think
you
would
have
to
demonstrate
that
this
was
essential
to
the
use
of
the
land,
and
I
don't
see
how
that's
happening
here.
There
are
areas
that
are
zoned
where
we
would
allow
them
to
operate
as
a
recycler
rebuilder.
R
They
would
also
be
able
to
do
body
work
in
those
areas
as
well.
They
wouldn't
have
to
farm
it
out
as
they're
intending
so
I
have
a
grave
concern
about
beginning
to
convert
vehicle
repair,
shops
and
automobile
sales,
vehicle
sales,
vehicle
rental
locations
into
recyclers,
because
it's
a
slippery
slope
from
an
enforcement.
D
Yep
understood,
thank
you,
okay,
since
the
zoning
enforcement
officer
spoke,
sir,
if
you
want
to
give
any
closing
comments,
you
know
if
you
want
to
tie
this
up
with
a
bow
in
any
regard
or
or
respond
to
anything.
Eric
said
you've
got
up
to
three
minutes.
If
you
think
you
got
it
covered,
you
don't
have
to
say
anything.
It's
up
to
you
come
on
up.
N
Basically,
the
last
thing
that
I'm
gonna
say
is
just
like
like
understand
where
eric's
coming
from
and
everything
basically
those
first
two
rows.
We've
the
one
of
the
things
that
we're
planning
on
is
just
having
maybe
up
to
10
cars
up
in
that
lot.
But
at
the
same
time,
it's
like
we're
not
planning
on
storing
like
not
having
no
junk
around
or
nothing
big,
because,
basically
it's
a
name.
It's
a
family.
N
It's
a
family
neighborhood,
that's
one
of
the
biggest
problems
that
we
ran
into
and
one
of
the
biggest
things
that
actually
threw
everybody
off
was
they
thought
we
were
going
to
turn
it
into
a
recycling
junkyard
area,
but
know
that
just
the
variance
would
just
allow
us
to
buy
more
cars
than
six.
Then
six
cars
and
fix
them
up
some
at
the
body
shop.
Then
transport
them
back
to
and
put
them
back
out
on
a
lot.
So
that's
it.
D
D
G
Justin
chair
no,
I
I
appreciate
the
applicant's
ingenuity
here
and
and
hard
work
and
owning
a
small
business.
It's
it's
never
easy.
I
I
do
think,
as
as
pointed
out
by
mr
lundy,
you
know
it's
a
slippery
slope
and-
and
I
think
you
know
there
are
other
locations
in
which
you
could
do
this
type
of
work.
It's
already
set
up
for
that.
G
A
D
Yeah,
I
he's
I
can
tell
he
works
hard
and
he's
doing
his
best
here.
That's
not
the
only
consideration
that
that
we
have
to
make,
though
I
think
it's
important
to
look
that
this
was
proposed
for
rezoning
to
allow
him
to
do
exactly
what
he's
talking
to
us
about
and,
and
that
was
denied
and
there's
the
opportunity
to
have
council
even
say
nope.
We
don't
agree
with
pnz
and
approve
the
rezoning
and
that
hasn't
occurred.
D
So
I
try
to
use
that
not
necessarily
as
a
final
decision,
but
certainly
a
little
bit
of
a
bellwether
there's
been
reviews
by
other
people,
appointed
and
elected.
That
said,
no,
this
doesn't
really
fit.
So
even
if
we
wanted
to
make
it
fit,
if
we
even
wanted
to
try
to
make
it
fit,
the
staff
would
say.
Oh
my
gosh.
D
We
need
at
least
17
conditions
here
to
try
to
give
us
enough
oversight
here
and
what
I
don't
like
to
do
is
have
a
bunch
of
conditions
on
things
when
it's
a
special
issue
staff
already
in
just
carrying
out
the
existing
zoning
ordinance
and,
frankly,
sometimes
no
offense,
especially
to
you
guys,
but
with
used
car
dealers
yeah,
it's
a
struggle.
I
I
get
frustrated
as
as
a
citizen
when
I
see
a
car
that
hasn't
moved
for
two
years,
staff's
got
to
go,
does
it
operate?
Is
it
licensed?
D
D
D
I
think
it
makes
things
more
difficult
and
it
runs
against
what
the
intent
is
in
the
zoning
ordinance
from
square
one
and
certainly,
as
justin
said
as
well.
The
variance
test
is
a
high
one
and
going
to
the
spirit
and
intent
of
the
ordinance,
which
I
will
always
try
to
do.
I
I
just
don't
think
it
fits
that
these
guys
might
be
being
you
know,
positive
in
a
crafty
way
to
try
to
hey.
Let's,
let's,
let's
get
a
market
here.
D
K
D
F
Chair
members
of
the
board,
the
pro
proposed
the
proposal
is
to
expand
commercial
use
to
the
property
to
include
vehicle
maintenance.
Repair
minor.
The
the
applicant
currently
has
a
use.
Variance
that
allows
the
tire
repair
but
would
like
to
include
limited,
would
like
to
include
brake
repair
and
oil
changes.
F
So
today
the
the
appeal
is
use
variance
of
the
uses
permitted
in
the
n3a
neighborhood
district
for
vehicle
maintenance,
repair,
miner
use,
as
well
as
the
currently
allowed
office
use
retail
use
entire
shop.
Business
here
is
the
layout
of
the
property,
as
it
is
on
the
north
side
of
easton
boulevard
and
so
you'll.
You'll
see
that
it's
a
irregular
shaped
lot
here
is
a
view
of
the
building
facing
north
east.
F
So
the
property
is
approximately
ten
thousand
five
hundred
square
feet.
It
is
a
smaller
property
it
can
contains.
The
the
two
buildings
on
there,
which
are
the
first
building,
is
approximately
1
568
square
feet.
The
other
building
is
approximately
720
square
feet
and
so
all
existing
existing
parking
lot.
F
Most
recently,
this
property
did
come
before
city
council
in
may
of
this
year,
requesting
to
be
rezoned
to
I-1
industrial,
to
allow
for
vehicle
maintenance
for
repair,
major
use
that
that
was
denied
and
then
subsequently,
the
applicant
had
filed
in
june
to
come
and
see
us
come
to
the
board
to
seeking
a
use,
variance
for
vehicle
maintenance,
repair,
major
and
which
would
be
inclusive
of
auto
body
repair.
That
is
not
the
that
appeal
was
withdrawn,
and
so
today
we
are.
F
It
certainly
could
have
the
potential
to
alter
the
essential
character
of
the
locality
of
the
land
in
question
to
further.
The
opponent
has
not
demonstrated
an
unnecessary
hardship.
The
plight
of
the
owner
is
or
or
that
the
plight
of
the
owner
is
not
due
to
unique
circumstances
not
of
the
owner's
own
making,
which
must
relate
specifically
to
the
land
in
question
and
not
to
general
conditions
in
the
in
the
neighborhood
and
so
the
subject.
F
B
T
D
F
F
D
But
they're
in
you'd
have
to
go
out
there
for
an
inspection
or
enforcement.
You
see
a
car
with
the
hood
up.
Oh,
what
are
you
doing?
Oh
we're
replacing
the
radiator.
Well,
you
can't
do
that.
You
can
only
do
brake
jobs
and
oil
changes
right,
that'd
be
correct.
You
could
potentially
get
into
enforcement
situations
where
you
know.
Other
work
is
being
done
at
the
site.
That
is
not
consistent,
but
yet,
generally
speaking,
it
could
have
been
allowed
if
it
was
a
vehicle
maintenance,
repair,
minor
use
for.
D
D
D
AD
AD
G
D
D
When
we
granted
you
the
ability
to
have
the
tire
repair
there,
I
was
hopeful
that
that
would
work.
Did
you
actually
have
a
tenant
in
there
doing
tire
repair
for
a
while
right?
Now
they
are
they
they,
they
are
so
they're
doing
tire
repair
now,
so
the
business
is
operating
as
a
tire
repair
shop,
yes,
okay,
okay,
so
I'm
sure
they
could
get
more
customers
if
they
did
more
services
there.
D
AD
Before
I
had
tenants,
they
were
renting
for
tire
shop
and
the
business,
it
wasn't
good
and
they
left.
So
this
new
10
is
only
three
months
and
a
half
okay.
They
were
tired.
They
were
telling
me
that
if
the
board
of
adjustment
did
not
approve
for
repair
the
brake
or
oil
chains,
they're
gonna
leave
okay.
D
D
Okay,
yeah,
that's
kind
of
this
is
kind
of
a
difficult
one.
I
know
there
are
tire
shops
that
don't
do
oil
changes
and
don't
do
brake
changes
and
they
do
just
fine.
I've
dealt
with
businesses
like
that
as
a
customer
for
many
years.
In
fact,
I
like
a
tire
shop
that
just
does
tires,
but
I'm
I'm
just
very
concerned
about
continuing
to
expand
uses
at
the
site
that,
frankly,
are
not
allowed
and
they
haven't
been
allowed
by
rezoning.
D
D
D
D
L
L
L
L
L
D
U
We
maintain
a
house
for
that
and
angel,
not
only
volunteers
in
that
for
herself,
but
she
helps
support
us
even
financially
too,
and
she's
got
a
heart
to
help
the
most
broken
vulnerable
people
in
the
city,
so
I
know
her
character
very
well.
I
was
a
house
builder
for
many
years
before
you
know
I'm
doing
what
I'm
doing
now
and
I've
helped
angel
a
little
bit
on
some
of
her
projects
just
recently
this
roof
project
and
she
I
can
guarantee
if
she
maintains
her
building.
U
My
own
opinion
is,
if
you
have
a
car
inside
the
stall,
and
you
are
doing
tires
to
change
oil
or
to
do
a
brake
job
on
there
would
not
even
be
visible
to
the
outside,
nor
be
any
nuisance
of
any
kind.
It's
something
that's
happening
inside
of
a
building
and
it
wouldn't
affect
the
neighborhood
or
anyone
in
any
adverse
way.
U
U
D
R
Mr
chair
members
of
the
board,
eric
lendy
zoning
enforcement
officer,
we
do
have
pending
enforcement
on
this.
That's
on
stay,
while
that
it's
gone
through
a
rezoning
application
and
now
the
use
variance
application.
We
have
the
ability
to
to
enforce
or
mitigate
with
a
court
order
on
this
property.
I
think
the
biggest
challenge
with
this
property
is
keeping
a
responsible
tenant.
That's
gonna,
fit
within
the
constraints
of
the
site
plan,
the
capacity
that
the
site
holds,
which
is
very
limited.
R
So
if
the
board
is
looking
at
modifying
conditions
on
a
use
variance,
because
if
this
is
denied,
she
will
still
have
the
ability
to
operate
under
the
previous
that
if
the
board
is
looking
at
making
modifications,
I
think
they
should
think
in
terms
of
the
capacity
of
the
site
and,
what's
appropriate
from
that
standpoint.
One
thing
I
should
point
out
is
with
tire
sails
and
repair.
D
R
A
D
AB
AB
AB
There's
always
I
haven't
seen
a
tire
shop,
a
small
one
that
did
not
have
lots
of
tires
stacked
around
and
I
can't
believe
they
get
by
at
the
violations
the
community-
and
I
think-
and
I
didn't
I
was
trying
to
keep
track,
but
I
think
it
was
like
six
to
one
in
favor
of
a
small
automotive
shop
over
in
conjunction
and
it
makes
sense
if
you
look
at
the
the
geographics,
the
makeup
of
this
community
in
the
round
area.
This
isn't
west
des
moines.
This
isn't
waukee,
this
is
an
ankeny.
AB
These
are
more
blue-collar
homes
with
older
vehicles
and
where
they
take
their
cars
to
get
fixed.
This
would
be
a
perfect
little
spot
for
it,
but
back
to
the
real
thing
is
the
hardship
angel
did
not
address
the
fact
that
since
2018,
when
it
was
granted,
she
lost
a
tenant
at
that
time,
she's
going
through
at
least
two.
If
not
three
other
tenants,
they
come
in,
they
try
the
tire
shops,
they
don't
succeed.
AB
A
AB
Need
a
minor
or
we're
we're
leaving.
We
can't
make
enough
money
at
this
spot.
The
concern
I
understand,
mr
chairman,
that
you
know
you
don't
want
to
start
piling
up
and
how
they're
going
to
enforce
it.
Well,
there's
pretty
strict
limitations
on
running
a
small,
a
small
automotive
shop.
You
can
only
have
three
cars
per
bay.
I
think
this
has
two
bays
six
cars.
They
got
limited
parking.
It's
going
to
be
obvious.
AB
V
N
D
D
D
Angel's
been
in
front
of
us
a
number
of
times,
based
on
the
current
zoning
ordinance
and
the
most
previous
zoning
ordinance
when
this
use
had
discontinued
the
first
time
the
zoning
ordinance
did
not
support
reuse
of
the
site
for
an
automotive
repair
facility.
It
just
didn't,
I
think
marloes
was
on
the
board
here.
We
time
and
time
again.
D
D
D
We
gave
angel
something
to
work,
the
best
that
we
felt
we
could,
without
you
know
in
essence,
giving
away
the
farm
here
this
site
may
need
to
be
converted
to
a
different
kind
of
commercial
use.
It
can
be.
Automotive
uses
are
just
what
somebody
says
they
want
or
what
they
think
is
most
most
productive
here,
but
that
is
not
the
only
use
of
this
property.
D
If
a
tire
dealer
moves
in
and
nobody
knows
who
they
are.
Well,
that's!
That's!
That's
marketing!
If
this
was
a
flats
tire
center
east,
if
this
had
been
three
four
years
ago,
probably
would
have
done
a
great
business.
Joe
woolsley
did
fine
at
east
18th
and
hubble
earl's
whitewall
did
fine
at
303
scott.
They
didn't
do
any
of
this.
D
They
just
put
tires
on
cars
and
they
had
a
good
reputation.
So
one
of
them
passed
away
and
one's
going
to
get
turned
into
a
tavern,
so
I'm
I'm
disappointed.
This
keeps
coming
up
because
the
council,
the
plan
and
zoning
commission
and
this
board
have
been
very
clear
in
the
past
that
uses
that
are
not
congruent
with
the
ordinance
and
the
character
intent
of
the
neighborhood
are
not
allowed.
D
N
G
She's
a
great
neighbor,
and
I
I
do
think
that
when
you
look
at
the
variance
test
and
when
you
look
at
number
one,
it
says
cannot
yield
a
reasonable
return
from
any
use.
It
goes
to
your
point
about
it
could
be
a
flower
shop,
a
law
firm,
you
just
go
down
the
list
of
what
it
could
be.
So
I
I'm
inclined
to
to
deny
the
the
variance
okay.
D
G
That
be
a
motion.
I
will
make
motion
today
denying
the
variance
based
on
not
meeting
the
variance
test,
the
criteria
particularly
number
one
that
that
it
can't
yield
a
reasonable
return
and
that
the
applicant
has
failed
to
demonstrate
that
it
can't
cannot
yield
a
reasonable
return
for
any
use
permitted
by
the
regulations.
D
D
D
No,
it's
still
valid.
Okay,
good
good,
okay
decision
and
orders
will
be
issued
for
all
cases
by
about
this
time
next
week.
So
otherwise.
This
concludes
our
agenda
items
for
this
hearing
for
any
existing
business.
If
you
were
here
last
month,
the
minutes
were
sent
out.
If
anybody
has
any
corrections
comment
on
those.
If
not,
would
there
be
a
motion
to
approve
the
minutes
moved
by
tom?
D
Second,
by
rhonda,
all
those
in
favor
who
were
here
last
month
say
aye
aye
all
right!
That
motion
carries
five
zero,
any
other
business.
We
need
to
tend
to
frank
just
did
minutes,
but
that's
okay,
it's
late
in
the
day.
We
need
protein
or
sugar
all
right.
So,
if
no
other
business,
this
hearing
is
formally
adjourned.