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From YouTube: 5-25-22 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, May 25, 2022.
View the agenda: https://DSM.city/ZBOAatHome
B
B
A
A
The
members
of
this
board
are
citizens
of
the
city
of
des
moines
and
have
been
appointed
to
this
board
by
the
city
council.
The
board
members
are
volunteers
and
they
receive
no
compensation
for
their
public
service,
and
I
serve
with
seven
great
folks
they're
all
here
today,
so
I'll
take
a
moment
to
introduce
them
to
each
and
every
each
of
them
on
the
audience's
right
is
tom.
Decio
next
to
him
is
dave.
Gare
next
to
dave
is
rhonda
cedillo
on
the
audience's
left
is
nathan.
A
Blake
next
to
him
is
justin
gross,
and
next
to
him
is
marlos
jones.
I'm
mel
pins,
the
board
chair.
I
will
introduce
some
of
the
city
staff
that
are
assisting
today.
First
of
all,
the
city's
legal
counsel
for
the
board
of
adjustment
to
my
right
is
lisa.
Whelan
welcome
I'll,
introduce
staff
that
will
be
presenting
today:
frank
dun,
young
city,
senior,
planner,
catherine
drejas,
city,
planner,
bert
drost,
the
deputy
planning
administrator,
sarah
hutchinson
city
planner
and
eric
lundy
zoning
enforcement
officer.
A
Our
meeting
moderator,
all
the
magical
av
stuff
here
is
tyler
hall
I'll
go
ahead
and
cover
the
meetings
procedure.
For
some
of
you.
This
may
be
the
first
time
you're
in
front
of
us.
You
may
hope
it's
the
only
time
you're
in
front
of
us,
but
we
like
to
give
everybody
a
welcome
here.
We'll
take
you
through
this,
so
don't
worry
or
have
anxiety
about
how
the
process
works.
We'll
help
everybody
through
that.
But
I'll
give
you
a
little
background
here.
A
A
A
A
A
Each
item
will
be
announced
in
the
order
that
it
appears
on
the
agenda
items
listed
on
the
first
portion
of
the
agenda
called
the
consent
agenda
are
not
planned
to
be
individually
discussed.
In
fact,
they
will
be
considered
for
approval,
in
accordance
with
the
recommendation
in
the
staff
report,
unless
the
appellant
or
a
member
of
this
audience
or
the
board
does
not
agree
with
the
conditions
recommended
by
staff.
A
If
a
board
member
requests,
the
item
be
removed
from
the
consent
agenda,
there
will
then
be
a
full
discussion
on
the
matter
once
and
I'll
come
back
to
the
consent
agenda
here
in
a
minute
to
help
you
through
that
for
the
regular
portion
of
the
agenda.
After
an
item
has
been
announced,
city
staff
will
first
give
an
overview
of
the
appeal
and
present
any
written
comments
that
have
been
received
prior
to
the
hearing,
then
the
applicant
or
their
representative
will
be
allowed
up
to
10
minutes
to
present
their
appeal.
A
A
All
speakers
must
speak
only
from
the
podium
here
at
the
center
of
the
room
there
by
the
microphone
and
begin
their
presentation
by
first
giving
both
their
name
and
address
of
business
or
residence
as
applicable
to
the
case.
In
the
event,
you
may
need
to
be
contacted
for
legal
notices
related
to
the
outcome
of
this
appeal.
A
After
all
concerned
people
have
spoke,
the
board
will
close
any
further
public
comment
on
the
agenda
item.
The
board
will
immediately
deliberate
the
request
and
we
will
make
a
decision
here
today
on
the
appeal.
Please
note
that
it
always
takes
at
least
four
affirmative
votes
for
any
zoning
appeal
to
gain
approval.
A
If
your
appeal
is
approved
today,
we
would
ask
that
you
wait
until
about
one
week
from
today's
hearing.
If
you
need
to
contact
the
city's
permit
and
development
center
to
obtain
any
necessary
building
or
sign
permits
that
are
related
to
your
appeal,
this
will
allow
the
decision
of
this
board
to
be
documented
in
the
form
of
a
decision
and
order
which
will
be
provided
to
both
you
and
city
staff.
For
the
record.
A
The
decisions
of
this
board
can
only
be
appealed
in
the
iowa
district
court
if
you
believe
you've
been
harmed
by
an
error
made
by
this
board.
Your
only
remedy
is
to
seek
relief
through
the
district
court
within
30
days
of
the
filing
of
the
board's
decision
and
order,
if
you
believe
the
zoning
regulations
applied
by
this
board
are
wrong.
You
may
petition
the
city
council
to
change
those
regulations
for
future
considerations.
A
All
material,
written
or
otherwise
used
today,
as
as
part
of
any
presentation,
is
a
part
of
the
permanent
record.
You
might
contact
city
staff
after
the
hearing.
If
you
need
a
copy
of
any
of
the
items
presented
and
in
closing
just
a
few
housekeeping
items
here,
we'd
ask
that
you
please
avoid
any
undue
conversation,
the
audience
to
limit
distractions
during
the
hearing
you're
doing
a
fine
job.
Also,
please
ensure
your
cell
phone
has
been
silenced
so
far
so
good,
and
if
you
need
to
use
the
restroom,
you
can
just
leave
through
the
doors
here.
A
You
don't
have
to
go
back
downstairs.
There
are
restrooms
just
past
the
staircase
on
your
left,
subject
to
the
length
of
the
hearing,
we'll
take
a
break
at
around
3
or
3
30.
If
needed,
and
once
your
agenda
item
is
completed,
you're
welcome
to
leave
the
meeting
or
you
can
maybe
stick
around
and
learn
a
few
other
things
so
we'll
go
ahead
and
get
to
our
agenda.
A
C
A
So
we're
not
going
to
hear
that
item
at
all
the
applicant
has
withdrawn
that.
So,
if
anybody
is
here
with
a
interest
or
concern
in
item
three,
we
will
not
hear
that
case.
If
they'd
want
to
bring
that
forward
later,
they
would
have
to
refile
an
application.
Is
that
correct
frank
that
is
correct?
Okay,
any
other
changes.
C
Item
two
has
requested
a
continuance
to
the
june
22nd
meeting.
There
was
a
mix-up
pertaining
to
the
neighborhood
meeting,
so
they
they're
here
they
had
requested
that
it
be
moved
to
next
month.
Staff
is
supportive
of
that.
C
A
A
Okay,
so
that'll
leave
items
one
four
through
seven
on
consent,
so
the
way
consent
agenda
works
items
one
four,
five,
six
and
seven
staff
is
recommending
approval
of
the
requested,
uses,
exemptions
and
other
appeals
subject
to
the
staff
recommendations
or
the
conditions
that
city
staff
would
want
to
see.
Go
with
that
so
before
we
would
look
at
approving
those
in
a
block.
I
do
want
to
go
through
quick.
If
there's
anybody
in
the
audience
that
has
a
concern.
A
So
I'm
going
to
just
read
through
one
by
one
and
is
there
anybody
here
in
the
audience
that
would
be
opposed
to
granting
a
conditional
use
related
to
holt
sales
and
service
at
2500
dean
avenue,
that's
item
one.
Would
anybody
be
opposed
to
granting
that
requested
conditional
use
if
you'd
be
opposed
to
that?
Just
raise
your
hand
for
the
moment.
A
Okay,
seeing
none
anybody
here
that
would
have
a
concern
related
to
item
4,
2510
ingersoll,
a
zoning
exception,
request
related
to
installation
of
some
signs.
Anybody
opposed
to
granting
that
requested
relief
in
item
four
just
raise
your
hand
seeing
none
item.
Five
is
a
type
two
zoning
exception
at
6128.
A
Willowmere
drive
primarily
related
to
signage.
Anybody
opposed
to
granting
the
appeals
requested
there
for
item
five.
Just
raise
your
hand,
okay,
seeing
none
item.
Six
is
a
conditional
use.
Permit
request
at
5801
franklin
avenue
related
to
what
appears
to
be
a
food,
prep
and
catering
business.
Would
there
be
anybody
opposed
to
granting
a
conditional
use
for
that?
A
For
item
six,
if
so
just
raise
your
hand
all
right
seeing
none
item
7
would
be
a
temporary
use
request
at
1636
avenue
related
to
an
outdoor
event
on
a
monthly
basis,
as
determined
anybody
opposed
to
granting
that
temporary
use
for
item
7..
Just
raise
your
hand,
okay,
seeing
none
board
members.
If
anybody
has
any
concerns
on
items,
one
four,
five,
six
or
seven,
we
could
hear
those
as
the
regular
agenda.
If
there
are
none,
would
there
be
a
motion
to
grant
approvals
for
the
consent
agenda.
A
A
A
C
C
C
The
applicant
is
not
seeking
liquor
sales
in
order
to
be
able
to
sell
alcohol,
they
have
to
obtain
a
conditional
use
permit
for
a
retail
sales,
limited
use,
selling
wine
and
beer
for
off-premise
consumption
in
the
mx-1
district,
as
you
can
see
here
is
the
property
outlined
in
yellow
and
it
is
along
the
sixth
avenue
corridor.
1623
sixth
avenue
is
the
address
across
the
street.
C
C
Another
parking
lot
view,
and
here
is
the
layout
for
the
store
given
the
size
of
the
retail
establishment,
I'll
go
ahead
and
zoom
in
on
this
a
little
bit.
So
you
can
maybe
see
this
a
little
bit
better,
given
the
size
that
the
alcohol
sales
component
seems
to
be
fairly
small
they're
showing
4.5
square
feet
for
the
wine
area,
12
square
feet
for
the
beer.
B
C
Any
business,
selling
wine
or
beer
shall
not
dispense.
Alcoholic
beverages
from
a
drive-through
window,
litter
and
trash
receptacles
shall
be
located
at
convenient
locations
inside
and
outside
the
premises
and
operators
of
the
business
shall
remove
trash
and
debris
from
premises
and
adjoining
public
areas
on
a
daily
basis.
C
Any
renovation
of
the
building
shall
be
in
compliance
with
pic
applicable
building
and
fire
codes
with
issuance
of
necessary
permits
by
the
city's
permit
development
center,
the
zoning
enforcement
officer,
if
they
determine
at
any
time
the
operation
of
the
business,
is
a
nuisance
or
exhibits.
A
pattern
of
violating
the
conditions
set
forth
in
the
conditional
use.
The
zoning
enforcement
officer
may
apply
to
bring
it
back
to
the
board
for
reconsideration
of
issuance
of
that
conditional
use.
C
And
some
of
these
responses
are
going
to
be
a
little
bit
lengthy.
I
I
do
believe
that
there's
representatives
from
some,
if
not
all,
of
the
some
of
the
parties
that
submitted
the
letter
so
I'll-
ask
that
they
speak
relative
to
these
letters
as
well.
A
C
All
right:
here's
a
letter
from
the
sixth
avenue
corridor.
C
C
B
C
Are
okay,
summary
of
the
neighborhood
meetings,
so
these
are
provided
on
by
the
by
the
pellet
okay,
and
so
these
are
rather
lengthy.
So
I
I'm
inclined
to
ask
the
appellant
to
explain
these
when
they
come
up.
C
B
C
That
letter
is
that
neighborhood
meeting
actually
occurred
prior
to
the
april
meeting
and
this
as
a
result
of
requesting
to
be
continued
to
this.
E
Justin
frank:
I
know
one
yeah
right
there
if
you
could
leave
it
there
for
a
second,
so
here
they're
they're,
suggesting
that
this
is
the
amount
of
space
they're
going
to
use
for
wine
and
beer
correct,
but
there's
nothing
that
really
keeps
them
from
expanding
that
to
half
their
store.
Is
that
correct.
C
E
A
A
related
question
to
that,
so,
yes,
generally
speaking,
they
could
have
up
to
40
percent
sales.
If
we
approve
this,
but
if
somebody
presents
design
criteria
to
us,
we
could
say
hey.
We
want
to
limit
you
to
what
you
have
presented
to
us
for
your
available
either.
You
know
facing
or
square
footage.
I
think
in
the
past
we've
done
that
we've
had
other
folks.
That
said
gee
I
just
want
to
have
one
eight
foot
case
of
beer
or
wine.
A
A
Frank
I've
got
a
couple-
maybe
this
might
stimulate
a
few
other
questions,
so
I'm
generally
familiar
with
the
sixth
avenue
corridor.
I
know
where
this
building
is
located.
It's
been
here
some
time,
but
I'm
not
too
familiar
with
actually
the
retail
history.
Here
I
get
the
impression:
is
there
an
operating
family
dollar
store
there?
Now
there
is
there.
C
A
C
They,
this
request
would
not
require
them
to
alternate
alt,
alter
their
site
in
any
way.
Okay,.
A
To
a
certain
degree,
you
know
we
have
limitations
on
some
of
the
things
we
can
request
and
require,
but
I
do
know
that
litter,
just
from
you
know,
packaging
of
moving
stuff
in
and
out
they
you
know,
staff
tries
to
put
recyclables
in
a
different
container.
They
they
have
their
own
packaging,
they
gotta
throw
away,
plus
customers
and
a
lot
of
times
with
these
retail
stores.
A
C
I
thought
that
they
do.
Let
me
see
if
I,
if
we
can
see
it
in
an
area
yeah.
A
C
A
If
they
were
not
proposing
the
incorporation
of
the
alcohol
sales,
there
would
be
nothing
for
this
board
to
be
reviewing
today.
Is
that
correct?
That
is
correct,
so
whether
or
not
they
had
too
much
letter
or
too
much
loitering
to
date.
That
wouldn't
be
anything
for
this
board
to
be
reviewing
correct.
Okay,
all
right,
any
other
questions.
A
G
Good
afternoon,
chairpersons
of
the
board,
my
name
is
joshua
file.
I
am
attorney
from
woodfield
and
eddie
here
in
des
moines.
My
address
is
699
walnut
street
suite
2000
des
moines
50309
as
a
at
the
outset.
I
just
want
to
clarify
something
that
was
said
in
the
introduction.
The
initial
neighborhood
meeting
was
held
in
april.
There
has
not
been
a
subsequent
official
meeting,
so
I
just
want
to
make
that
clear.
Before
I
begin
there
is
an
enclosed,
screened,
dumpster
area
on
the
property.
G
G
G
The
cup
is
in
harmony
with
the
character
of
the
surrounding
area,
as
zoning
is
mx1,
there
are
mixed
commercial
and
residential
uses
in
this
area.
Site
premises
are
screened
from
neighboring
properties,
by
fence
by
natural
landscaping.
As
was
indicated
in
introductory
comments,
no
structural
changes
to
the
building
or
site
are
contemplated.
G
G
G
G
Third
party
vendors
are,
will
come
in
to
provide
additional
training
for
staff
at
family
dollar.
On
alcohol
sales
staff
are
required
to
perform
hourly
cleaning
check,
checks,
empty
trash,
receptacles,
receptacles
and
empty
trash
at
the
screened
dumpster
on
site.
The
opening
part,
the
open
parking
area
is
covered
by
cameras
and
there
are
approximately
10
exterior
lights.
That
light.
The
parking
lot
family
dollar
has
a
strict,
no
loitering
policy.
Any
on-site
consumption
of
alcohol
would
be
violative
of
that
on-site
of
that
policy,
and
those
customers
would
be
considered.
Trespassing.
G
The
neighborhood
meeting
was
held
back
in
april
prior
to
the
april
board
of
justin
meeting
the
specific
concerns
raised
in
the
neighborhood
meeting
and
from
what
I
was
able
to
see
in
the
letters
provided
to
the
zoning
board,
identify
concerns
generally
relating
to
two
main
categories:
the
loitering
and
the
littering
as
we
understood
it,
and
this
family
dollar
understood
it
from
the
neighborhood
meeting.
These
concerns
were
primarily
prospective
what
would
happen
if
this
is
granted
as
indicated
previously,
these
sales
of
beer
and
wine
are
intended
to
be
supplemental.
G
Now
the
supplemental
letter
that
was
shown
in
the
introduction
summarizes
the
two
changes
that
family
dollar
has
added
to
its
application.
Family
dollar
was
willing
to
send
the
no
trespass
letter
requested
by
neighbors
at
the
original
neighborhood
meeting
and
family
dollars
has
or
soon
will
be,
posting
the
no
trespassing
signs
at
the
property.
G
It
is
committed
to
working
with
law
enforcement
to
address
violations
of
the
no
loitering
policy
and
no
trespassing
policy.
As
for
24
7.
Access
for
police,
family
dollar
cannot
control
where
the
city
decides
to
allocate
its,
how
it
decides
to
allocate
its
resources
or
place
its
cameras,
but
would
be
fully
supportive
of
any
efforts
to
provide
or
for
the
city
to
install
cameras,
giving
a
view
of
its
parking
lot
together
with
the
other
conditions
included
in
the
staff
report.
G
G
Given
the
level
of
interest
of
the
neighborhood
association
in
this
application,
family
dollar
is
hopeful
that
the
neighbors
neighborhood
will
utilize
the
posted
contact
information
to
report
and
discuss
any
violations
or
issues
of
the
property
with
the
regional
manager,
so
they
may
be
promptly
addressed
otherwise,
as
provided
in
the
application.
This
was
submitted
to
the
city.
Family
dollar
believes
that
its
application
meets
the
criteria
for
the
cup
first
limited
sale
of
wine
and
beer
at
this
location.
Thank
you.
G
A
G
Seven
days
a
week-
yes,
I
apologize,
I
do
have.
I
should
have
introduced
matt
as
well.
We
do
have
the
the
district
manager
for
family
dollar
stores,
matt
hill
here
in
attendance
as
well.
Okay,.
F
A
Okay,
all
right
one.
I
would
a
couple
that
I've
got
for
you
here:
joshua.
Does
your
client
have
some
other
locations
in
the
des
moines
area
that
they
operate?
It.
G
G
A
A
All
right
what,
although
I'll,
just
speak
for
myself,
we
generally
don't
like
to
get
into
bottle
sizing,
as
I
call
it
here
for
restrictions,
but
generally
with
the
areas
you're
that
are
shown
for
retail
sales,
what
size
or
types
of
containers
are
being
proposed
for
sale
here.
Are
we
talking.
A
Okay,
I
mean
because
sometimes
I
mean
hey-
I'm
traveling
pull
into
a
hotel,
I'd
like
to
get
a
tall
boy.
Take
it
back
to
my
room.
So
would
you
be
selling
some
singles?
I
believe
so?
Okay,
all
right.
E
Josh,
thanks
for
your
presentation,
one
question
I
had
here
was:
I
think
I
heard
you
say
that
that
your
clients
willing
to
allow
city
to
put
cameras
in
correct
correct,
but
I
didn't
hear
you
say-
was
that
your
that
your
clients
willing
to
put
cameras
themselves
on
their.
G
Apologize,
they
already
do
have
cameras
on
site.
They
do
have
surveillance
cameras,
they're
just
their
own
personal
ones.
The
neighborhood
concern
was
that
police
would
only
be
able
to
get
that
after
an
incident,
and
so
the
suggestion
of
police
cameras
or
city
cameras
was
so.
There
would
be
continued
access
of
the
city
directly
without
having
to
go
first
to
ask
family
dollar
for
the
footage.
G
Family
dollar
is,
of
course,
willing
to
provide
its
own
footage
when
requested,
okay
and,
to
the
extent
helpful,
to
resolve
incidents
at
the
property.
I
think
the
concern
was
more
that
from
the
neighborhood
association
was
that
that
footage
is
generally
only
available
after
an
incident
sure
and
doesn't
necessarily
deter
things
in
advance.
Okay,
whereas
if
the
city
were
able
to
have
24,
7
surveillance
could
have
spawned
immediately
sure.
A
So
joshua
statement
question
here:
most
security
cameras
are
exactly
for
what
you
just
said
there.
So
if
something
happens,
you
have
a
record
of
it
therein.
Most
people
have
security
cameras,
post
a
sign
up
front.
They
post
a
sign.
It
says
this:
this
location
under
video
surveillance,
that's
a
deterrent
on
its
own,
correct
correct.
But
what
we
cannot
do.
That's
nice.
A
You
know,
I
think
the
city
des
moines
could
put
cameras
on
every
business
every
street
corner,
but
they
only
really
do
that
on
certain
public
right-of-ways
I've
gotten
a
red
light
ticket.
That
way
so
be
that
as
it
may,
I
just
kind
of
want
to
clarify
that.
I
think,
unless
I'm
speaking
out
of
something
else
like
legally
here,
that's
nice
that
everybody
has
a
concern
about
having
the
city
place,
cameras
on
the
property,
but
I
don't
think
that's
within
our
discussion
here
today,
unless
you
would
allow
that
great
what
I
am
concerned
about.
A
A
Do
you
see
them
sitting
there
they're
right
in
the
middle
of
the
parking
lot,
so
that
means
easy
for
dumpster
divers
to
get
in
easy
for
staff
to
get
to
to
put
garbage
and
recycling
in,
but
that's
not
the
antenna.
What
we're
after
here
so
can
you
explain
to
me:
are
the
dumpsters
still
located
there
today?
Do
you
know.
A
F
Well,
there's
a
concern,
even
now
in
the
past,
to
flat
debris
litter
in
the
line.
It's
a
problem.
What
about
in
the
future?
If
it
increases,
you
don't
think
that
beer
and
liquor
sales
will
increase
the
literally
in
the
parking
lot.
G
F
I
understand
I
understand
that
that
part-
and
I
don't
mean
to
interrupt
you
like
that,
but
I
also
have
stopped
a
lot
of
places
on
sixth
avenue
and
other
busy
street
streets
where
they
have
beer,
alcohol
sales,
food
sales
and
usually
the
parking
lots,
are
fairly
encumbered
by
debris,
family
dollar
proposing
or
going
to
be
willing
to
make
a
condition
as
they
keep
the
lot
clean
past.
Closing
time.
F
G
Well,
part
of
that
would
be
the
no
trespass
letter
that
is
going
to
be
provided
has
been
provided
to
the
city
and
the
no
press
passing
policy,
so
that,
if
police
see
that
there
are
people
there
after
business
hours,
police
can
address
it
after
hours
during
hours.
Also,
family
dollar
has
a
vested
interest
if
it
gets
the
cup
to
make
sure
that
the
building
does
not.
The
business
does
not
become
a
nuisance
and
would
take
the
steps
required
to
do
so.
A
Staff
recommendation
is
certainly
for
approval
subject
to
nine
conditions,
but
what
a
conditional
use
permit
means
is
it's
conditional
it's
subject
to
the
conditions,
so
is
your
client
aware
that
if
this
you
know
if
the
board
would
be
inclined
to
grant
approval
subject
to
these
conditions,
and
there
are
problems
that
the
business
is
not
cleaning
up
the
litter
if
the
business
is
is
allowing
loitering
if
staff
observes
that
they
could
bring
that
back
to
us
and
we
could
take
away
the
ability
right,
you
understand
that
I'm
sure
correct.
Advise
your
client
family.
G
A
Yep,
okay,
all
right!
Thank
you!
Joshua!
You
can
sit
down
for
the
moment.
So
the
way
this
next
part
of
the
hearing
works.
Anybody
who
wishes
to
speak
in
support
of
the
applicant's
request
to
have
the
conditional
use
permit
to
sell
the
noted
alcohol
they
can
step
up.
Whoever
would
like
to
go
for
first.
Anybody
in
support.
A
A
So
going
once
going
twice,
okay,
so
there's
no
comments
in
support.
Anybody
in
opposition.
You
can
kind
of
just
look
amongst
yourselves.
If
somebody
wants
to
step
up
great,
I
would
remind
everybody.
We
need
your
name
and
address.
First,
you've
got
up
to
five
minutes
and
if
you
generally
have
comments,
reflective
of
others
just
say:
hey,
I
agree
with
so
and
so,
but
we're
certainly
after
your
unique
comments
related
to
this
specific
issue.
Go
ahead,
sir.
I
Mike
baldus
501
college
avenue,
I've
been
asked
to
speak
because
I,
my
property,
is
the
closest
proximity
to
this
property.
My
backyard
is
50
feet
from
the
edge
of
this
property.
I
My
quality
of
life
has
already
deteriorated
as
a
result
of
family
dollar.
Moving
in
a
couple
of
ways,
one
is
the
sound
level.
Has
increased
people
pull
in
with
super
subs
going?
They
leave
their
car
going.
They
leave
their
audio
system
going
while
they
go
into
the
store
and
shop
so
that
you
know
they
did
a
nice
job
of
putting
up
a
fence
and
a
landscaping
buffer.
The
city
required
them
to
do
that
as
they
went
through
the
site
review
process.
I
I
This
down
still
comes
over
the
of
over
the
fence,
obviously,
and
to
my
second
story
windows
at
night.
Now
they
do
only
operate
till
9
pm.
So
if
you
were
to
find
your
way
to
giving
them
this
thing,
you
know
I
I
would
ask
that
hours
be
a
definite
part
of
the
consideration
litter.
I
have
lived
in
this
neighborhood
for
30
years
now,
to
my
amazement,
and
I
spend
a
good
deal
of
my
time.
I
I
So
I
also
want
to
point
out
that
family
dollar
has
a
store
at
13th
and
university
and
the
trash
there
has
been
a
notorious
problem
for
that
area.
My
son
lived
in
a
house
that
I
purchased
in
that
neighborhood
not
too
far
away.
He
became
so
annoyed
with
the
trash
situation
literally
spilling
all
over
out
of
the
container
that
never
got
emptied
outside
the
front
door
that
he
went
in
and
asked
staff
about
it
and
and
on
two
different
occasions
he
was
told
by
different
staff
members
that
that's
the
landlord's
problem.
I
That's
what
we're
told
it's
a
landlord's
problem,
so
just
fyi
family
dollar,
other
stores,
management
of
trash,
clearly
a
problem.
So
last
one
for
me
personally
I'll.
Let
my
colleagues
here
address
many
of
those
points
that
were
brought
up
in
those
letters,
not
all
of
which
have
been
met.
I
But
for
me
an
unintended
consequence
for
family
dollar
of
this
ask
is
that
it
caused
me
to
look
into
the
code
more
than
I
previously
had,
and
I
see
that
they
are
not
in
compliance
of
their
lighting.
Now
they
are
definitely
guilty
of
light.
Trespass
onto
my
and
the
other
neighboring
properties
along
college
avenue.
I
They
put
in
high
intensity,
led
lights
on
the
building
that
shine
directly
at
our
houses
and
my
neighbor
next
door.
Neighbor,
and
I
both
were
immediately
as
soon
as
those
lights
went
on
and
they
went
into
business.
We
talked
to
each
other
about
complaining,
but
our
plates
were
full
and
frankly,
neither
one
of
us
likes
to
be
a
complainer,
so
we
just
kind
of
let
it
go,
but
they
are.
I
We
can
get
a
inspector
out
there
and
they'll
find
that
they
are
definitely
in
violation
of
light
trespass,
so
they're
going
to
need
to
rearrange
those
lights
and
also,
while
we're
talking
about
lighting,
I
dread
the
prospect
of
them
adding
more
lighting,
but
I
suppose
if
they
actually
follow
the
law
in
how
they
put
that
lighting
in
then
it
won't
spill
over
to
adjoining
properties
in
an
invasive
way.
The
back
part
of
that
parking
lot
is
not
properly
lit.
I
don't
believe
I
don't
recall
them.
I
I
can't
promise
you
this,
but
I
don't
recall
them
adding
any
extra
lighting
back
there
and
it
goes
back
a
ways
and
it's
circled
in
by
fence
it's
a
great
place
for
criminal
activity
so
and
yes,
and
about
that
dumpster,
since
they
started
the
business
they've
been
using.
The
dumpster
enclosure
for
stockpiling,
cardboard,
broken
down
cardboard
and
the
dumpster
has
set
right
outside
the
back
door.
There,
the
entire
time
so
and
the
lids
you
can
see
one
of
those
lids
is
open.
Now
I
pick
up
that
trash
too.
A
Mike
would
you
be
willing
to
take
a
question
or
two
here
sure,
first
of
all,
you're
very
commendable,
your
dedication
living
in
the
neighborhood
for
many
decades
and
picking
up
trash?
A
I
pick
up
trash
on
a
street
that
accesses
an
apartment
building
in
my
neighborhood,
that's
where
we
have
most
of
our
litter
and
yes,
there's
a
lot
of
weird
things.
You
pick
up
too
by
the
way,
but
that
takes
a
lot
of
dedication
from
a
resident
and
neighbor
to
do
that.
So.
Thank
you.
Yes,
I
am
curious
with
the
length
of
time
you
live
there.
You
said
so
family
dollars
been
here.
I
know
they
said
they're
in
their
first
term
of
their
lease,
but
they've
been
open
what
a
year
or
so
yeah.
A
Prior
to
them
being
in
there,
what
was
the
other
retailer
previous?
Did
it
sit
vacant?
Can
you
give
me
a
little
like
yes,
the
last
five
year
history?
Maybe
yeah.
I
I
could
give
you
all
the
history
the
previous
tenant
was
owner
of
the
building
actually
was
tom
bowie.
He
ran
des
moines
asian
and
latino
foods,
okay,
and
he
unfortunately
got
into
trouble
along
the
way
the
business
deteriorated.
He
lost
it
to
the
bank.
Okay,
it
sat
empty
for
two
three
years
before
the
tuan
brothers
picked
it
up.
Okay,.
A
B
A
I
Was
built
for
a
super
value,
okay,
yeah,
originally
yep,
and
then
just
to
give
you
a
little
history
of
the
neighborhood.
The
super
value
eventually
went
away
due
to
too
much
crime
and
it
sat
empty
a
little
bit.
It
became
an
aldi's
store
for
a
while
right
and
until
someone
was
shot
inside,
the
aldi's
and
aldi's
decided
that
they
were
going
to
pull
out
okay
and
then
a
good.
I
15
years
ago,
at
least
a
couple
of
young
vietnamese
men
bought
the
place
and
opened
up
des
moines
asian
foods.
It
was
not
called
the
extra
name
at
that
time
right
just
des
demoing
asian
foods,
but
over
time
they
suffered
enough
competition,
and
the
latino
population
in
the
neighborhood
grew
enough
that
they
they
started
to
sell
a
little
first,
a
little
bit
of
hispanic
foods
and
then
a
little
more
by
the
end,
when
tom
had
it,
it
was
about
half
and
half
it
served
the
neighborhood.
Well,
I
I'm.
A
J
Hello,
I'm
kathy
halster,
I'm
at
803
hickman
road
50314,
and
I
am
the
president
of
the
river
bend
neighborhood
association.
Thank
you
very
much
for
your
time
today
and
for
inviting
us
to
be
heard.
We
appreciate
that
we
understand
that
you
and
your
staff
make
your
decisions
based
on
written
code
and
that
we
are
here
to
help
provide
some
context
and
some
perspective
from
a
real
world
situation.
J
J
Yes,
the
business
conforms
with
table
3.91
of
chapter
134
of
the
city
code,
but
in
the
real
world
it
sits
on
a
sidewalk
where
children
walk
to
and
from
school,
where
residents
wait
for
the
city
bus
to
get
to
church
where
vulnerable
neighbors,
some
of
whom
are
dealing
with
their
own
substance.
Abuse
issues
pass
by
as
they
walk
to
get
exercise
visit
our
community
refrigerator
for
a
much
needed
free
meal,
or
even
stop
in
to
buy
a
snack
at
the
store.
J
This
business
is
not
an
island
and
it
is
accessible
to
our
neighbors
who
could
be
harmed
by
this
use.
Yes,
the
subject
property
is
in
an
area
that
includes
mixed
use
of
commercial
and
residential
uses,
but
in
the
real
world
of
river
bend.
We
do
not
believe
that,
after
allowing
this
particular
use,
there
is
any
way
to
adequately
safeguard
the
health,
safety
and
general
welfare
of
our
neighbors
in
the
real
world.
Not
only
will
we
see
customer
traffic
increase,
but
we
will
also
see
an
increase
in
dangerous
nuisance
activities.
J
This
property
has
a
lot
of
space
that
is
not
viewable
from
inside
the
store
where
there
is
likely
to
be
an
increase
in
vagrancy,
public
drinking
urination,
loitering,
soliciting,
burglary,
vandalism
and
panhandling
to
name
a
few.
We
know
this
because
these
nuisance
activities
are
an
issue
at
other
properties
in
the
area
with
the
same
conditional
use
in
the
real
world.
These
are
activities
we've
been
working
for
years
to
reduce
because
they
are
the
antithesis
to
the
health,
safety
and
general
welfare
of
our
neighbors
as
to
criterion
five.
J
Unfortunately,
the
only
way
to
identify
if
a
business
is
a
nuisance
is
to
let
it
become
one
in
the
real
world.
We
can't
predict
the
future
and
tell
you
what
will
definitely
happen
on
this
property,
but
we
can
look
at
the
history
of
the
location
and
see
that
it
already
has
more
law
enforcement
interactions
per
square
foot
than
other
similar
retailers
in
the
area
and
that,
historically,
even
prior
to
the
existence
of
this
business
there
in
this
location,
there
has
been
nuisance
activity.
J
We
can
look
at
other
properties
with
similar
uses,
permitted
to
them
and
see
that
they
deal
with
increases
in
nuisance
activities.
We
can
tell
you
that
we
are
already
experiencing
news
issues.
We
are
powerless
to
combat
at
this
point
at
a
business
just
down
the
street
and
that
in
the
real
world,
adding
alcohol
sales
does
not
make
a
business
quieter.
J
J
We
do
not
believe
the
proposed
location
of
the
use
adequately
safeguards
the
health,
safety
and
general
welfare
of
persons
residing
or
working
in
the
area.
There
are
just
not
enough
qualified
people
on
staff
to
deal
with
any
health
safety
or
welfare
issues
that
could
arise
and
at
eleven
dollars
an
hour
they
shouldn't
have
to
further.
J
Since
this
is
an
employer
in
this
neighborhood,
we
should
also
consider
that
it
will
be
our
neighbors
working
at
this
store
and
having
to
deal
with
those
increased
issues
which
now
puts
them
at
risk
both
where
they
live
and
where
they
work.
We
believe
the
proposed
use
will
diminish
or
impair
established
nearby
property
values.
There
will
be
more
traffic,
more
litter,
more
nuisance
activities,
the
value
of
the
entire
neighborhood
will
decrease.
J
We
do
believe
that
the
proposed
use
will
have
significant
detrimental
impact
on
the
use
and
enjoyment
of
enjoying
adjoining
properties.
Increased
traffic,
loitering,
litter
and
other
nuisance
activities
will
have
a
major
effect
on
the
entire
area,
an
area
we
have
worked
hard
to
make
safe
and
enjoyable
for
neighbors
of
all
kinds.
J
We
also
believe
that
this
detrimental
impact
will
last
much
longer
than
the
discount
store.
These
kinds
of
stores
go
out
of
business
all
the
time.
This
new
use
will
stay
attached
to
the
property
and
we,
as
a
neighborhood
are
back
to
dealing
with
these
problems
on
our
own.
Just
like
we
are
down
the
street.
J
J
They
don't
plan
to
adequately
staff
the
store
or
have
the
proper
visibility
to
deal
with
loitering
or
other
issues.
They
aren't
concerned
about
litter
in
the
neighborhood,
once
the
cans
and
bottles
leave
their
store,
and
through
this
process
we
have
learned
that
we
will
always
have
to
go
through
an
attorney
to
address
any
issues
and
so
far
that
has
not
been
helpful
or
expedient.
J
We
have
plenty
of
places
to
pop
in
and
buy
beer
and
wine,
including
stores
that
are
members
of
the
community
with
whom
we
can
dialogue
and
with
whom
we
have
built
partnerships.
When
issues
have
arisen
in
the
real
world,
this
new
use
is
not
necessary
for
that
business
at
two
percent.
That's
not
a
big
loss
for
them,
but
it's
a
way
huger
loss
for
us.
It's
not
good
for
that
location,
it's
detrimental
to
our
neighbors
and
river
bend,
and
we
believe
you
have
grounds
to
deny
this
appeal.
A
A
All
right
kathy,
I
appreciate
your
dedication,
your
leadership
in
riverbend
as
a
neighborhood
president
myself.
I
know
that
takes
a
lot
of
effort.
Doesn't
it
yes,
so
yeah,
I
don't.
I
don't
have
any
questions
unless
anybody
else
does
want
to.
Thank
you
for
your
comments.
Thank
you.
Thank
you.
All
right
is
that
an
alarm
over
there.
A
K
I
don't
know
how
much
good
I'm
going
to
do
just
affirming
and
and
commending
what
my
neighbor
mike
and
my
neighbor
kathy
have
said,
but
allowing
the
sale
of
beer
and
alcohol
is
not
in
itself
a
bad
thing.
There
are
places
across
the
street
literally
from
family
dollar
that
sell.
You
know
beer
and
wine
and
they
are
not
problematic.
If
you
look
at
the
police
call
records
and
complaints
made
of
all
the
different
businesses
in
the
neighborhood.
K
The
ones
that
sell
beer
and
alcohol
have
more
frequent
nuisance
calls
and
trespassing
crime.
Public
urination
calls
than
places
that
you
know
don't
sell
alcohol,
but
at
the
same
time,
the
places
that
do
sell
alcohol
right
across
the
road
have
fewer
calls
to
the
police
than
the
family
dollar
in
its
current
incarnation,
not
selling
beer
and
alcohol
or.
K
K
It's
a
problematic
place.
I
would
like
for
them
to
do
well
in
our
neighborhood.
I
would
like
to
have
them
succeed,
but
I
would
also
like
to
see
them
be
a
contributing
part
of
our
community.
We
have
a
fantastic
community
that
is
diverse,
probably
the
most
diverse,
zip
code
in
the
entire
state
of
iowa,
and
we
do
well
with
one
another
and
we
take
care
of
one
another,
whether
we
are
there
to
make
a
profit
or
to
make
our
home.
K
E
Question
yeah
justin
hi:
how
are
you
hey,
you've
been
in
the
neighborhood.
E
Okay
and
I
think
you're
referring
to
across
the
street,
are
you
talking
laptop.
E
And
selling
alcohol
and
there
hasn't
been
any
major
issues
with
what
you're
talking
about
when
the
when
the
asian
food
market
was
there
in
that
location,
do
you
recall?
Did
they
sell
alcohol
there,
beer
and
alcohol
at
the
time.
K
K
That
and
you
can't
entirely
control
your
customers
behavior,
but
you
can
create
an
environment
in
which
certain
behaviors
are
more
difficult
to
do.
You
know
if
you've
got
a
way
to
see
into
the
parking
lot
from
the
cash
register
if
you've
got
good
lighting
and
you've
got
cameras
and
you've
got
more
than
one
person
working
at
the
store
emptying
the
trash
cans
patrolling
for
you
know
litter
in
the
parking
lot,
you're
not
going
to
have
people
just
hanging
out
and
getting
drunk
and
getting
high
and
having
whatever
kind
of
idle
fun.
K
K
There
isn't
any
of
this,
and
that
you
know
it's
not
their
business
necessarily
to
you
know,
spend
a
lot
of
time
and
thought,
but
here
in
the
neighborhood
it
is
our
time
and
our
thinking
trying
to
create
an
environment,
a
built
environment
that
is
conducive
to
a
good,
healthy,
happy
lifestyle,
and
that
includes
drinking
beer
and
wine.
It
just
does
not
include
buying
it.
You
know
in
a
tall
boy,
44
ounce
fosters
whatever
and
you
know
chugging
it
at
the
bus
stop
and
leaving
the
trash
there.
K
There
needs
to
be
some
kind
of
way
to
encourage
behavior.
That
makes
one
a
better
community
member,
not
just
be
the
business
that
you
know
sells
paper,
towels
and
bud
light
down
the
street.
K
A
N
Hi,
my
name
is
dean
anderson
I
actually
live
at
100
market
street
des
moines
50309,
but
I
own
property
at
1345
seventh
street,
which
is
about
three
blocks
from
the
family
dollar.
I
think
I
mainly
just
have.
I
agree
with
what
has
been
said
already
in
opposition.
I
want
to
comment
a
little
bit
about
the
availability
of
alcohol
and
how
it's
impacting
the
neighborhood.
N
I
serve
on
a
public
safety
committee.
That's
a
joint
effort
with
the
sixth
avenue
corridor
and
the
river
bend
neighborhood
association,
and
I
would
say
that
on
a
probably
a
daily
basis,
we
call
the
police
already
five
to
six
times
regarding
public
intoxication
and
loitering,
but
mainly
the
drinking
problem,
and
when
I'm
talking
about
availability,
I
mean
the
proximity
to
it
and
where
people
take,
they
walk
away
with
the
liquor.
That's
the
problem.
I'm
not
really
worried
that
people
are
going
to
spend
all
their
time
drinking
in
the
family
dollar
parking
lot.
N
They're
going
to
take
this
and
they're
going
to
walk
to
my
yard
and
that's
where
they're
going
to
drink
it
and
throw
their
can.
That's
that's
what
happens
down
by
the
quik
trip?
The
bus
stop
at
sixth
and
university
has
been
destroyed
by
people
drinking
there.
We
put
new
bus
stops
on
sixth
avenue
that
are
at
risk
of
being
destroyed
from
vandalism
when
people
get
drunk
they
party
they
wreck
the
bus
stops.
N
N
So
basically,
I
just
wanted
to
point
out
that
it's
the
availability
in
the
neighborhood
and
right
now,
you'll
take
that
liquor
further
down
6th
avenue
and
they'll
go
into
other
people's
property
and
cause
issues,
so
definitely
against
the
the
conditional
use
permit
understood
if
you
did
grant
it
lots
of
concerns
about
the
the
cameras
that
are
there
on
that
property.
Today
I
don't
think
they're
adequate
and
I
think
we
would
definitely
want
the
owners.
N
Personally,
I
would
want
the
owners
to
work
more
with
the
police
and
the
neighbors
agree
to
much
better
cameras
and
much
better
access
to
those
cameras.
But
generally
this
neighborhood
is
in
transition,
and
I
just
don't
think
we're
ready
for
this.
Yet
we're
trying
really
hard
to
stop
the
litter.
Stop
the
loitering.
Stop
the
prostitution,
stop
the
drinking
and
having
more
alcohol
right
now.
Isn't
the
right
time
thanks.
O
Hello,
I'm
lulu
dickey
and
I
live
in
the
neighborhood
at
1814
oakland
avenue.
I
am
also
on
the
neighborhood
board
as
well,
and
I
will
keep
this
short
because
I
know
this
has
gone
on
a
long
time.
I
really
reiterate
everything
that
everyone
else
already
said
totally
agree.
My
main
concern
about
this
conditional
use
permit
is
safety.
O
We
already
have
a
situation
very
close
to
my
home
on
the
corner
of
6th
and
franklin
where
there
has
been
a
conditional
use
permit
granted
and
it's
a
very
unsafe
property.
I
actually
feel
very
unsafe,
even
walking
by
we
have
prostitution
panhandling
there's
been
fights
traffic
accidents,
things
like
that
that
are
occurring
there,
and
my
concern
is
that
that
type
of
behavior
will
also
occur
at
family
dollar,
and
the
reason
is
that
we
have
a
lot
of
transient
people
in
our
neighborhood
and
they
are
looking
for
places
that
they
can
go.
O
O
A
couple
months
ago
we
had
a
mother
come
to
our
meeting
and
her
son
is
an
adult
with
a
disability
and
he
lives
in
one
of
our
three
care
homes
that
we
have
in
our
neighborhood,
and
she
expressed
her
concern
for
his
safety,
even
just
walking
down
6th
avenue,
and
I
just
want
to
make
sure
that
I
point
out
that
there
are
vulnerable
people
very
close
to
this
property
who
could
be
harmed
if
we
allow
this
permit
to
go
through.
Thank
you.
A
A
I
still
don't
understand
what
that
means,
but
anybody
with
just
anything
general
they'd
like
to
say
related
to
the
issue,
all
right.
Seeing
none
do
we
have
any
further
questions
for
staff.
D
A
A
D
B
A
Okay
and
generally,
what
what
total
do?
We
have
not
to
put
you
on
the
spot,
but
I
just
see
a
big
long
run
on
here.
I
didn't
see
that
they're
numbered
like
in
excel.
A
B
A
Other
questions
for
frank,
frank
to
the
best.
Your
knowledge,
I
think,
maybe
was
it
justin-
might
have
brought
this
up.
Was
there
ever
a
conditional
use
permit
for
the
sale
of
alcohol
with
some
of
these
past
past
grocery
retailers
that
that
were
there?
Would
anybody
know
I'm
assuming?
If
a
business
had
closed
for
a
link
certain
length
of
time,
then
that
conditional
use
permit
would
have
expired?
But
does
anybody
know
off
the
cuff
zoning
enforcement
officer.
Q
Mr
chair
members
of
the
board,
eric
lundy
concerning
enforcement
officer,
I
think
you
saw
a
big
shift
when
the
new
ordinance
was
adopted
in
2019.
A
lot
of
that
had
to
do
with
how
we
broke
down
the
definition
of
our
retail
categories,
given
the
history
of
the
conditional
use
came
about
in
about
1998
at
that
time
it
exempted
restaurants
and
grocery
stores.
Q
Well,
grocery
store
was
a
very
omnibus
defined
use
at
that
time,
and
so
many
of
these
have
had
sales
activity
you
know
even
since
then
so
right
there's
you
have
a
combination
of
non-conforming
situations
that
are
in
continuous
use,
but
whenever
they,
whenever
it's
something
new
or
there's
been
a
gap,
you
know
of
time
under
the
current
ordinance.
You
know
we're
looking
at
these
as
limited
retail
right
with
either
sales
of
beer
and
wine
only
or
beer
wine
and
liquor.
Q
No
for
sale-
I
did
hear
mention
of
the
sixth
and
franklin
that
had
a
conditional
use
granted
by
the
board.
Actually
the
liquor
license
for
that
location
or
the
beer
and
wine
permit
was
discontinued
in
january.
Since
that
time,
there's
actually
been
some
other
problems
with
activity
there.
So
a
lot
of
that's
getting
monitored
through
police
policing,
but
okay.
Q
The
other
thing
I
did
want
to
point
out
was
the
semantics,
since
2019
on
conditional
use
is
that
its
conditional
use
approval
because
of
the
litigation
we've
had.
It's
not
actually
a
permit,
as
it
was
in
the
previous
code,
so
we're
and
a
lot
of
that's
just
to
not
confuse
it
with
the
permitting
authority
of
the
iowa
abd
and
the
city
council.
So
but.
Q
A
A
G
If
the
store
doesn't
have
a
high
revenue,
it
doesn't
hire
more
people,
it's
a
tough
economy
and
everyone
would
like
to
be
able
to
hire
more
people
if
salesmen
have
additional
staff
could
be
hired.
Family
daughter
believes
the
staff
that
it
has
on
site
are
adequate
to
present
or
to
preserve
and
protect
its
interest
on
the
property.
G
Regarding
decision
making
and
responsiveness,
there
are
some
of
the
issues
raised
in
the
neighborhood
meeting.
The
family
dollar
is
a
nationwide
business.
There
are
certain
questions
and
policies
that
have
to
be
addressed
at
higher
levels
because
they
might
affect
more
than
one
store
location.
For
example,
if
it
were
ever,
a
family
dollar
were
to
ever
pursue
a
conditional
use
permit
in
another
store
in
the
area.
G
However,
it
does
have
numbers
posted
for
people
to
contact
directly
to
deal
with
issues
related
to
loitering
and
littering
at
the
property
we'll
continue
to
do
so,
including
for
the
district
manager
and
finally,
to
the
concern
that
this
perm
or
this
approval
will
last
the
property
forever,
as
has
been
emphasized
just
now,
it's
subject
to
that
approval
being
withdrawn
if
it
ever
becomes
a
nuisance
and
fails
to
meet
the
criteria
that
are
set
forth,
based
on
the
criteria
and
the
city
code
and
the
application
the
family
dollar
has
submitted.
G
A
D
So
I'm
I'll
say
I'm
a
little
conflicted,
obviously
like
to
hear
directly
from
neighborhood
and
the
neighbors,
and
we've
we've
heard
that
today
I
do
think
there's
a
case
to
be
made
that
by
granting
this
we're
going
to
have
some,
we,
like-
I
guess,
members
of
this
board,
but
also
the
neighborhood,
will
have
some
additional
leverage
over
this
company
this
site
and
we
could
put
in
some
additional
restrictions
that
address
some
of
the
concerns.
D
D
The
neighbor
neighborhood
is
kind
of
taking
a
stand
that
we
shouldn't
have
any
more
of
this
right
now,
right
and-
and
maybe
it
doesn't
have
anything
to
do
specifically
with
this
site,
but
it
is
about
the
area,
and
I
think
that
is
one
of
the
you
know,
criteria
that
we're
able
to
look
at
and
evaluate,
and
so
maybe
it
isn't
about
you
know
potentially
two
percent
and
a
pretty
small
amount
of
alcohol
being
sold
here.
A
E
Thank
you
chair.
I
have
a
small
business.
That's
in
that
area
on
sixth
avenue
and
hickman
community
lawyers
of
iowa-
and
you
know
I've
seen
the
last
five
years:
real
growth
in
that
area
development.
E
E
E
You
have
a
lot
of
immigrant
families
that
are
in
that
area,
so
very
vulnerable
sectors
of
the
population.
So
I
am
concerned.
I
do
think
that
it
that
it
may
not
meet
the
point
one
here
and
the
criteria
about
it
adequately,
safeguarding
the
health
and
safety
of
the
neighbors
and
the
the
businesses
that
are
in
that
area.
E
A
Well,
I
can't
resist
the
opportunity
to
comment
as
the
chair
some
good,
some
good
comments
here,
and
I
appreciate
everybody
on
any
side
of
this,
so
we
want
businesses
to
be
successful
in
des
moines,
businesses
in
des
moines
help
create
jobs.
They
create
a
quality
of
life
for
our
citizens
with
the
products
they
sell.
Our
residents
do
the
same.
They
own
properties.
They
live
here
for
30
years.
They
volunteer
for
their
neighborhood
associations
they
care
too.
A
So
the
challenge
we
often
have
is
to
balance
those
concerns,
but
we
have
to
do
it
within
the
context
of
our
purview
here
at
the
board.
From
listening
to
the
testimony
today
on
both
sides
very
important,
some
of
the
things
and,
like
I
think,
like
nathan,
said
well,
this
is
a
tough
one.
You
can,
you
could
almost
say:
is
it
glass
half
full
or
is
it
glass
half
empty?
If
you
want
to
start
comparing
issues,
but
I
asked
the
applicant
about
other
locations,
they
have.
A
They
have
some
other
locations
that
their
company
has
some
not
too
far
away.
They
don't
sell
alcohol
at
that
location.
The
reason
is
well,
they
would
have
had
to
request
a
variance
because
they
were
too
close
to
a
school,
a
place
of
worship
daycare
center,
something,
but
apparently
the
business
still
works.
A
It
appears
that
the
primary
reason
to
do
this
is
probably
just
within
the
perception
I'm
getting
yeah.
It
wouldn't
be
a
whole
lot
of
sales,
but
the
general
model
of
the
company
probably
is
hey.
We
like
to
sell
all
this
that
we
can
it's,
I
think
with
stated
it's
a
convenience
to
our
customers
already
shopping
here.
So
why
not
sell
that
on
a
normal
circumstance,
I
might
say
sure
not
a
problem
but
inquiring
a
little
further
we're
not
selling
a
case
of
beer.
We're
not.
F
A
What's
going
on
here
is
already
a
concern:
the
amount
of
litter,
the
amount
of
loitering,
the
noise,
the
light,
and
somebody
else
said
that
well
yeah
by
itself.
This
is
maybe
no
big
deal,
but
with
what
we
already
have
there
with
these
concerns,
it's
certainly
going
to
exacerbate
it
and
I'm
I.
I
would
certainly
think
it
it
would.
A
I'm
not
trying
to
be
professor
harold
hill
that
we
got
trouble
in
river
city
and
alcohol
is
evil,
but
at
the
same
time,
when
we
already
have
concerns
with
the
property
surrounding
area,
you
know
we
have
to
take
that
into
account
too
not
problems
at
somebody
else's
location.
But
how
would
this
impact
the
surrounding
area?
I
do
see
concerns
with
that.
A
So
if
they
decide
to
sell
to
a
different
retailer,
they
could
potentially
sell
up
to
40
percent
now
granted
they
might
have
to
do
it
from
a
very
small
sales
area
if
we
were
to
approve
this
and
define
the
sales
area,
but
I
I
am
concerned
that
when
we
look
at
the
rationale
to
make
our
decision
that
this
would
tend
to
have
a
detrimental
impact
on
the
neighborhood,
the
concerns
present
now
with
noise
light
general
conditions
for
those
in
the
area
we've
got
litter
blowing
around.
A
P
Obviously,
this
neighborhood
is
trying
to
make
some
improvements
and
I
think
the
what
I'm
hearing-
and
I
agree
with
some
of
the
other
comments-
is
that
this
is
just
going
to
continue
to
contribute
to
some
of
the
things
that
they're
trying
to
overcome,
and
it's
not
the
the
fault
of
anyone.
I
think
it's,
it's
just
a
situation
that
they're
having
to
deal
with,
and
this
isn't
certainly
family
dollars
problem,
but
I
think
it
is
something
that
you
know
just
just
based
on
their
whole
retail
model.
P
P
If
you
just
look
at
the
the
surroundings,
some
of
the
organizations
that
are
located
there,
the
people
that
hang
out
at
some
of
these
places
or
need
these
services
or
are
the
kind
of
people
that
I
think
kind
of
suffer
from
some
of
this,
and
they
can't
help
themselves
sometimes
and
I'm
not
going
to
sit
here
and
try
and
save
the
world.
But
I
think,
as
a
community,
I
think
it's
incumbent
on
us
to
help
support
some
of
these
initiatives
and
to
stand
up,
and
I'm
not
here
to
pick
winners
and
losers.
P
P
So
those
are
just
some
of
my
thoughts
I'll
make
a
motion
to
deny.
F
A
All
right,
so
we've
got
a
motion
to
deny
the
requested
conditional
use
for
limited
retail
sales
of
wine
and
beer.
That's
been
seconded
by
tom,
so
those
in
favor
of
denying
the
requested
approval,
raise
your
right
hand
and
say
aye,
one,
two,
three,
four:
five:
six:
seven:
okay,
that's
a
seven
zero
on
that,
so
that
decision
order
will
be
made
available
within
the
next
week
if
anybody
needs
a
copy
of
that
for
their
records.
Again,
we
appreciate
everybody
being
here
today.
A
A
M
Chair
members
of
the
board
catherine
j
house,
planner
for
the
city
of
des
moines,
the
item
before
us
is
located
at
1100
army
post
road
and
they
are
looking
for
a
use
variance
to
allow
for
outdoor
storage.
This
item
came
to
the
attention
of
the
city.
Through
code
enforcement,
I'll
speak
a
little
bit
about
the
violation
going
forward:
you'll
notice
that
it
is
located
on
a
corner
of
army,
post
road
and
southwest
11th
street.
M
The
vast
majority
of
the
property
is
essentially
fronting
on
that
southwest
11th
street
portion
and
then
we're
specifically
looking
at
the
area
highlighted
by
the
appellant
in
their
submitted
site
sketch.
So
it
is
that
southern
portion
of
the
property,
a
number
of
different
photos
here,
so
I'll,
probably
scroll
through
them
a
little
bit
quickly.
Let
me
know
if
you
want
to
see
any
in
more
depth,
and
these
are
from
the
enforcement
cases
taken
at
different
times,
showing
the
outdoor
storage
use
and
then
just
a
few
more
of
the
property.
M
I
staff
will
note
that
there
is
a
sanitary
sewer
that
was
identified
as
running
about
18
feet,
north
of
the
south
property
line.
It
runs
east
west
parallel
with
that
southern
property
line
through
this
particular
area,
so
it
makes
it
even
more
fun
and
then
so.
In
november
of
2021,
the
appellant
received
should
have
received
notification
of
violation,
which
stated
upon
inspection.
There
was
found
to
be
inoperable,
unsafe
and
or
unlicensed
vehicles,
vehicular
component
parts
and
or
miscellaneous
junk
and
debris
stored
outside.
M
That
request
was
denied
by
the
city
council
in
march
of
this
year,
which
allows
them
the
remedy
of
coming
before
the
board
of
adjustment,
to
seek
this
use,
variance
and
then
staff,
let's
see,
did
not
feel
that
the
appellant
had
successfully
established
an
unnecessary
hardship.
There
is
significant
I'll
go
back
up
significant
indoor
storage
opportunities
based
on
our
photographs
in
our
opinion,
and
so
we
do
not
feel
that
with
that
not
being
established
that
we
would
recommend
denial
of.
B
M
My
assumption
would
be
that
the
respondent
was
referring
to
the
rezoning
request,
and
that
would
probably
be
where
he's
saying
that
the
request
had
already
been
made
and
as
such
just
was
unaware
that
it
could
then
go
before
the
board
of
adjustment.
B
M
No,
I
assume
that's
just
a
general
sense
of
the
area
by
the.
A
A
Catherine
back
on
the
radius
map
of
the
comment
cards
the
zoning
districts
show
up.
Can
you
show
that
again,
yeah?
So
the
property
immediately
to
the
south
of
this
kind
of
enclosed
storage
area?
There's
like
a
garage,
a
white
garage,
I'm
assuming
that's
part
of
a
residential
property,
for
what
I
would
call
the
fisher.
A
And
that's
zone
n3b,
which
is
a
residential
neighborhood
district,
correct,
correct,
okay
for
the
rx1
use
of
the
property
in
question.
Here
I
see
there
what
I
would
call
a
couple:
garages
or
storage
buildings,
or
maybe
even
a
business
frontage,
the
appellant's
use
of
those
those
buildings
at
this
time.
Those
are
okay
or
he's
in
compliance
on
that
part
of
the
property.
Is
that
correct.
B
A
Yeah,
which
is
still
pretty
nice
and
innocuous,
but
if
we
were
inclined
to
grant
approval
for
this
with
a
variance,
would
we
allow
that
same
kind
of
fencing
or
would
they
have
to
get
into
kind
of
a
site
use
plan
now?
A
D
M
A
But
in
quick
summary,
so
I
got
the
order
of
appearance.
The
appellant
asked
to
have
the
property
rezoned
first
planning
and
zoning.
They
denied
that
correct.
Well,.
A
They
recommended
denial,
the
city,
council
and
then
city
council
also
in
essence,
said
we'll
uphold
your
recommendation
and
they
denied
rezoning.
Okay,
all
right
anything
else
for
catherine
all
right.
Thank
you.
Thank
you.
Okay.
Well,
we've
seen
how
this
works
so
applicant.
Please
step
on
up.
We
just
need
your
name
address
and
you've
got
up
to
10
minutes
to
present
your
case.
R
Owned
the
property
for
seven
years,
so
I
grew
up
on
the
south
side.
I
live
on
the
south
side.
I
have
several
businesses
on
the
south
side
and
I
also
have
a
full-time
job
on
the
south
side.
So
I
kind
of
questioned
how
I
went
got
here.
I've
talked
to
jimmy
the
inspector
yep,
that's
there
and
he
pretty
much
explained
that
there's
a
whole
bunch
of
buildings
that
that's
on
the
south
side,
that's
got
lit
up
in
conjunction
or
whatever.
I
I
kind
of
feel
like
a
pond
in
this.
R
I
know
the
neighbor
several
doors
to
the
west
of
us
had
a
house
there
that
was
in
trouble
with
the
neighbor,
but
when
I
bought
the
property,
it's
a
six
foot
fence
with
bob
wire.
I
assume
it's
to
keep
stuff
inside
the
yard.
Why
else
are
we
protecting
a
grass
with
by
six
foot
fence
with
bob
wire?
On
top?
I
did
not
check
the
code
yeah
I
started
off.
I
was
really
mad.
It
was
like.
Why
did
I
do
this?
I've
had
this
for
six
years,
we've
never
had
a
problem.
R
In
this
last
year
we've
been
trying
to
get
through
this
situation.
We
did
have
a
city,
a
neighborhood
meeting.
I
was
surprised
that
I
had
two
people.
I
was
expecting
nobody
and
it
ended
up
turning
a
different
situation.
So
what
I
did
is
I
went
around
to
all
the
neighbors,
the
businesses,
the
church,
the
neighborhood
associations
and
right
here.
If
you
look
at
that,
that's
13
or
1103,
that's
the
guy.
R
That
said,
no,
I
think
if,
if,
if
you
could
pull
up
the
reviews
from
the
the
zoning
neighborhood
meeting
that
gentleman
showed
up,
he
was
all
talking
about
nick's
bar
at
the
time
and
at
nick's
bar
was.
He
was
he's
on
the
back
of
nick's
bar
and
they
were
having
alcohol
there
and
he
was
confused
when
he
showed
up
with
me.
He
actually
talked
to
me
and
he
was
all
about.
What's
going
on
with
his
alcohol
there,
I'm
like,
I,
don't
have
anything
to
do
with
nick's
bar.
R
This
is
all
about
me,
my
outside
storage
and
my
trailers,
and
he's
kind
of
kitty
corner
because
he's
right
behind
nick's
bar,
and
he
goes,
I
don't
care
about
the
outside
trailers.
He
goes.
I
have
three
of
them
in
my
driveway
as
it
is,
he
goes
and
you're
outside
stuff.
I
don't
care
about,
so
I
mean
I
just.
I
think
it
was
a
great
opportunity
for
me,
because
I've
had
the
property
for
a
while.
I
went
around
to
all
the
neighbors.
I
think
there
was
like
39
of
them
that
I
went
to.
R
I
talked
to
everybody.
The
only
two
people
didn't
sign
that
I
talked
to
one
was
so
scared.
She
wouldn't
open
the
door
and
she
talked
to
me
through
the
window.
The
other
one
didn't
speak,
any
english
so
that
she
did
so.
I
got
39
signatures.
I
have
them
here.
I'd
be
more
than
happy
to
pass
them
around
from
businesses.
The
association
was
in
favor
of
recommending
this
property.
R
You
go
back
to
all
the
neighbors
they
looked
at
me
like.
Why
are
we
having
this
conversation
to?
I
never
even
noticed
to
oh
that
doesn't
bother
me
a
bit.
That's
the
neighbors
that
live
within
a
two
block,
radius
of
where
we're
at,
but
the
review
that
I
have
here
this
guy
signed.
I
talked
to
him
very
specifically
and
nice
with
that.
It's
also
on
there
that's
the
same
address
he
signed
that
I
mean
I
think,
he's
confused
with
the
that
there.
R
So
I
think
that's
the
biggest
thing
with
that,
so
flipping
through
sorry,
the
sidewalk
they
tried
to
put
in
a
sidewalk.
There
said
they
want
to
do
that
like
two
years
ago
that
mower
trailer
that
I
usually
kept
there
was
there
at
the
time
they
did
that
the
city
come
through.
When
the
sidewalk
came
through
that
somebody
had
to
inspect
the
city,
they
even
poured
the
driveway
through
that
fence.
R
R
There
are
tires
in
there
holding
on
tarps
and
we
probably
should
have
done
something
different,
but
they
they
leave
them
at
the
car,
wash
we
dispose
of
them,
but
every
now
and
then
we
we
just
use
them
to
cover
up
stuff
to
keep
the
tarps
in
the
winter
out
of
it.
It
was
a
little
messier
get
it,
but
that
was
in
november,
it's
kind
of
hard
to
clean
up.
We
have
cleaned
it
up.
We
need
to
keep
it
clean.
I
intend
to
keep
it
clean.
Sometimes
it
does
do
that.
R
But
that's
where
we
keep
the
snow
is
where
that
truck
usually
is
before
the
sidewalk.
Now
we
have
no,
it's
all
driveway,
and
so
we
have
the
equipment
to
actually
move
it
up
the
front
and
that's
what
we've
been
doing,
but
it's
no
removal
now
that
the
sidewalks
are
certainly
a
problem.
It
was
last
week.
We
normally
keep
a
trailer
there.
It
in
the
summer
time
to
go
mow.
I
had
to
drive
20
minutes
to
go,
get
the
trailer,
bring
it
back
to
south
side
to
get
the
mower.
That's
in
the
garage
go
mow.
R
Then
I
drop
the
mower
off.
Then
I
gotta
go
drop
and
then
come
back
to
the
south
side.
Where
I
live,
it's
just
a
problem.
It's
it's
a
convenience
to
leave
it
there.
We
never
block,
because
that's
one
thing,
the
association
he
goes.
Do
you
ever
block
the
sidewalk,
I'm
like?
No,
we
don't
park
in
the
street.
We
don't
block
the
sidewalk
everything's
off
the
way
out
of
the
way.
Sometimes
it's
not
exactly
the
safest
neighborhood
in
the
area.
So
we
try
not
to
keep
it
any
there
anything
there
longer
than
we
have
to.
R
R
I've
talked
to
the
city,
I
talked
to
eric.
I
believe
it.
I
think
you
were
there
with
suen
and
frank's
been
good
too.
I've
tried
to
figure
out
with
jimmy
of
what
can
I
do
to
be
legal?
So
we
didn't
have
to
go
through
all
this
and
and
it's
very
frustrating
because
he
goes
yeah.
You
can
do
that,
but
that
won't
work
because
of
the
property
I
mean
there
is
no
backyard.
The
whole
back
property
line
is
the
back
of
the
buildings.
R
R
The
zoning
meetings
and
everything
else
everybody
passed
the
buck,
so
I
get
that
I
don't
fit
in
the
the
ideal
situation,
but
zoning
meetings,
especially
the
city
one
before
this
one,
where
they
turned
me
down.
They
wanted
to
help
me
out,
but
they
were
afraid
that
I
was
going
to
turn
it
into
a
manufacturing
place.
It's
a
seven
car
garage
with
the
bad
office,
the
size
of
a
bathroom.
R
I
mean
it's
really
small,
there's
nothing
there,
but
they
all
pass
the
buck
on
to
you
guys
to
try
to
make
this
hint
it's
a
hardship,
I
get
it
that
it
doesn't
fit,
and
I
just
I
need
some
help
from
you
guys
so,
like
I
said
all
the
neighbors,
nobody
cares
the
neighborhood
association
like.
Why
are
we
having
this
conversation?
I
talked
to
them
too.
R
They
got
approval,
I
didn't
hear
them
say
anything
about
that
at
the
zoning
meeting
they
did
say
they
approved.
It
didn't
have
any
problem
with
the
trailer
or
outside
storage,
as
it
was
everybody.
I've
talked
to
as
it
was
no
privacy
fence
nothing
and
it
was
it's.
It
was
dirtier
than
it
is
now,
but
I
do
try
to
keep
it
clean,
but
the
neighborhood
association.
That's
what
they're
there
for
they're
there
to
kind
of
give
guidance
of
what
it
is,
the
one
to
the
north.
R
There
is
no
neighborhood
association,
so
I
actually
joined
the
neighborhood
to
the
north,
but
they
came
out
looked
at
it
and
they
had
no
conver
or
no
problem
with
it
at
all.
R
The
neighbor
across
the
street
and
I'm
not
here
to
point
neighbor
fingers,
he's
got
outside
storage.
I
bought
a
trailer
that
was
in
his
driveway,
I
still
own
it
I
mean
on
the
other
side,
that's
what
they
have
it's
the
same
problem.
I
don't
know
what
why
all
I'm
saying
is.
This
is
I
I
it's
not
right
and
I'm
just
trying
to.
R
R
We
use
all
the
garage
space
there's
a
lot
of
commercial
shelving
space
for
various
different
parts.
We
do
our
own
snow
removal,
we
do
our
own
mowing,
we
have
all
of
our
own.
We
do
our
own
fencing,
I
mean
we
try
to
do
everything
just
because
it's
otherwise
I
haven't
a
lot
of
employees
that
I
pay
and
it's
like.
We
can
do
it
and
we
do
it
better,
but
I
disagree
with
the
one
that
just
that
did
he
I
talked
to
him
and
he
had.
R
A
E
R
I
need
the
trailer
just
for
logistics,
so
I
don't
have
to
go
to
west
des
moines
and
pick
it
up.
So
sometimes
we
keep
two
trailers
there,
but
usually
that's
just
a
day
or
two
we
don't
but
like
in
the
summertime.
We're
mowing
like
every
four
days
for
me
to
go,
get
it
and
come
back
and
mow
is
just
difficult.
R
Now
we
do
have
property
out
there,
but
I
don't
have
any
place
to
keep
the
mower
out
there
other
than
the
trailer
and
that
won't
be
safe
either.
So
a
lot
of
times
we
keep
all
the
trailers
out
in
west
des
moines,
so
we
we
pick
them
up,
bring
them
back
as
we're
out
there.
I'm
going
to
need
it
tomorrow,
bring
it
back
tonight,
so
we're
ready
to
go
for
tomorrow.
Got
it.
Thank
you
so
and
we
usually
we
never
block
the
dr
the
street
or
the
sidewalk.
A
R
A
A
You're
asking
us
to
allow
you
outdoor
stories
of
a
trailer
in
the
city
of
des
moines,
on
a
property
where
both
planning
and
zoning
is
recommended.
No
rezoning
for
outdoor
storage
city
council
has
said
no
rezoning
for
outdoor
storage,
and
yet
you
want
us
to
allow
you
to
store
this
little
trailer
outside
well,.
R
A
Keeping
telling
us
that
you're
making
mistakes
doesn't
help
your
status
sometimes
to
solve
a
small
problem.
People
think
that
they
have
to
have
huge
solutions
here.
So
why
can't
you
just
look
at
storing
the
trailer
somewhere
else
close
by
that
meets
requirements,
or
this
is
a
question
for
you.
Did
you
ever
propose
well
gee?
Could
I
expand
my
existing
building
to
allow
storage
of
the
trailer
inside,
because
apparently
you
store
equipment
inside
now
on
the
property
and
that's
legal?
Are
you
not
allowed
to
expand
the
building?
Do
you
not
have
enough
setback.
R
A
R
A
R
I
promise
you
the
next
property
I
will
buy.
I
will
double
check
the
codes.
Yes,
I
promise
there's
no
question
about.
This
has
been
a
learning
curve.
It's
been
a
good
thing
in
the
long
run,
because
I
got
to
know
all
the
neighbors,
but
you
know
there
again
the
six
foot
fence
kind
of
grandfathered
me-
and
I
assumed
that-
and
I
know
what
that
means
I
assumed
I
I
was
good
well
and
I
was
for
six
years
and
the
city
did
put
in
the
approach
to
that.
They
poured
concrete
into
that.
A
A
I
also
live
near
here,
so
when
you
talk
about
the
neighbors
are
okay
with
it.
I
can
tell
you
a
letter.
I
wrote
two
weeks
ago
about
something
not
too
far
from
here,
that
I
was
very
disappointed
with
you
sit
just
off
the
corridor
enough
with
this
issue
you're,
you
probably
didn't
get
reported
by
other
people
who
would
have
been
concerned,
but
when
we're
looking
at
a
variance,
we've
got
to
be
very
careful
with
that.
A
So
I'm
just
very
concerned
that
that
you're
proposing
an
industrial
use
there
have
been
other
proposals
for
that
in
the
past.
In
this
area,
those
have
been
denied
planning
and
zoning
council
even
board
of
adjustment.
I
take
each
case
at
its
face
value,
but
I'm
really
not
getting
from
you.
The
variance
test
is
a
difficult
one.
You
have
to
have
extreme
hardships,
you're
already
using
the
property
to
your
benefit.
A
A
You've
gotten
good
use
of
it
so
far
with
three
or
four
overhead.
R
R
R
A
A
Okay,
all
right,
seeing
none
we'll
get
back
to
you
here
in
just
a
couple
minutes.
You
can
go
ahead
and
sit
down
mark.
Is
there
anybody
here
that
wishes
to
speak
in
support
of
the
applicant's
request?
A
P
M
Eric
promised
he'd
help
coach
me
through
any
questions
that
we
get
from
this
afterwards.
Yes,
he
would
have
to
store
the
trailer
inside
to
have
that
trailer
on
site,
so
it
would
not
be
allowed
to
be
stored
outside
on
his
property.
M
Pavement,
yes,
that
does
get
a
little
tricky
when,
if
and
when
public
works
would
need
to
access
that.
So.
P
A
Even
if
the
sewer
wasn't
there
in
bordering
an
n3b,
a
residential
district
there'd
still
be
a
setback
requirement.
I
don't
know
what
that
would
be,
but
I
would
assume
it
could
be
five
to
15
feet,
something.
A
P
Okay
well
and
I'm
just
trying
to
one
understand
what
his
options
are
and
too.
If
there's
a
solution
here,
we've
got
a
guy,
that's
runs
a
nice
business.
He
bought
a
piece
of
property
that
he
didn't
realize
what
he
could
and
couldn't
do
with
it.
Maybe
there's
stuff
in
these
garages
that
need
to
be
stored
somewhere
else,
so
the
trailer
can
go
in
there
because
they're
less
needed.
I
don't
know
I'm
just
trying
to
understand.
What's
going
on
and
it's.
A
All
right
thanks,
catherine
mark
yeah,
you
can
come
up
here
for
what
we
call
the
closing
or
rebuttal.
You've
got
up
to
three
minutes
anything
you
want
to
add
just.
R
A
couple
things
I
mean
the
mower
trailer
probably
would
fit
in
one
of
the
garages,
but
the
other
trailers
are
too
long
because
we
do
our
own
snow
removal.
So
they're
long
like
a
car
trailer
and
the
garages
are
too
short
to
fit
all
of
that
in
anyway,
so
it
to
keep
the
trailer
inside.
Unless
we
could
go
clear,
the
property
line
probably
wasn't
two
years
ago,
we
did
keep
a
trailer
in
the
yard,
with
a
skid
loader
on
it,
and
still
nobody
said
anything
when
the
fact
that
nobody.
R
I
want
to
be
a
good
neighbor
and
I
try
to
keep
everything
clean.
That's
why
I
went
and
talked
to
everybody
and
it's
been
a
really
good
experience
at
least
talk
there
over
and
see
what's
going
on
in
the
neighborhood,
but
the
trailers
there's
one
out
of
the
five
that
I
have
that
will
fit.
The
rest
will
go.
A
D
Well,
I
can
understand
why
he's
frustrated
operating
in
one
way
for
a
long
period
of
time
and
then
going
to
the
rezoning
process
and
this
and
having
what's
perceived
as
mixed
messages
from
the
city
when
they
came
out,
although,
as
you
pointed
out
mel,
it's
kind
of
a
different
part
of
the
city.
D
But
all
that
said
it's
illegal.
It
was
illegal
six
years
ago
and
it's
been
illegal,
the
the
entire
time
and
just
because
it
wasn't
noticed
until
now
doesn't
make
it
legal
and
so
the
request.
Now
I
do
think
that
this
straightforward
way
was
to
get
it
rezoned.
You
know,
I
don't
know
if
they
were
passing
the
buck
or
just
trying
to
I'm
not
sure,
keep
hope
alive
when
they're
rejecting
an
application.
D
But
that
was
the
most
in
my
mind,
reasonable
approach
to
solving
this,
because
the
variance
test
as
we're
all
well
aware
that
he
would
need
to
meet
to
get
his
variants
approved
from
our
perspective
under
the
law,
is
incredibly
difficult
and
it
would
require
that
that
he
would
have
to
show
that
the
property
can't
yield
a
reasonable
return
from
any
use
permitted
by
the
subject.
Zoning
relation
regulations,
not
just
that
the
value
of
the
land
has
been
depreciated
or
that
a
zoning
variance
would
permit
the
owner
to
maintain
a
more
profitable
use,
but
you'd.
D
E
Sure
I
think
it's
more
of
an
issue
of
inconvenience
rather
than
an
undue
button.
Yeah
yeah,
so
here
yeah
all.
E
Enough,
I'm
sorry
yeah
more
of
an
issue
of
inconvenience
rather
than
an
undue
hardship
here,
and
so
I
would
make
a
motion
to
support
staff
recommendation
of
denial
of
the
requested
zoning
variants
due
to
the
fact
that
it
doesn't
meet
the
the
criteria
for
the
variance.
A
A
Okay,
mark
you
run
a
good
business.
You
have
good
car
washes.
You
employ
good
people,
you're,
maybe
just
growing
a
little
too
big
at
this
little
location
here.
So
I
encourage
you
to
get
things
spiffed
up
around
there
and
talk
to
cities,
economic
development,
about
finding
maybe
a
larger
place,
so
you
can
continue
to
grow
that
meets
the
zoning
requirements
all
right
all
right.
We
appreciate
you
coming
down
today
and
and
waiting
around
to
get
to
this
one.
I
know
you
got
other
good
things
to
be
doing.
A
Okay.
That
concludes
that
agenda
item.
I'm
gonna
take
a
five
minute
break
here
or
I'm
gonna.
I'm
gonna
call
for
a
five
minute
break
and
I'm
gonna
take
one.
So
we
will
resume
in
five
minutes.
A
Let's
call
the
hearing
back
to
order
here:
okay,
we're
ready
for
item
number
10
use
variance
request
not
too
far
away
at
10,
22
army
post
wrote.
C
Chair
members
of
the
board,
frank
dunn
speaking
so
1022
army
post
road-
this
the
proposal
is
a
use
of
property
for
vehicle
maintenance,
repair,
minor
use,
the
use
variance
is
to
allow
uses
alternate
uses
permitted
in
our
rx1
mixed
use.
District,
I'm
going
to
go
ahead
and
scroll
here.
C
C
Across
the
street
and
next
to
the
property
are
vehicle
sales
lots.
There
are
commercial
retail
sales,
both
east
east
and
across
the
street,
there's
a
mix
of
uses
that
travel
up
and
down
the
corridor.
C
Here
is
a
view
of
the
property
from
the
front
facing
south.
As
you
can
see,
there's
glazing
on
the
front,
a
door,
a
door
to
the
east.
C
Property
in
question
the
building,
the
here's
how
the
applicant
is
looking
at
using
the
property
parking
in
the
rear
there
would
be
some
parking
in
the
front.
Both
looks
appears
to
be
ada
compliant
parking
stalls.
C
So
just
a
little
description
about
the
the
property.
It
measures
approximately
7
160
square
feet
in
area
and
then
the
property
contains
a
1800
square
foot
vacant
building
that
was
previously
used
as
as
a
pawn
shop
had
been
modified
to
have
an
overhead
automobile
service
door
on
the
east
facade
that
was
shown
in
the
in
the
image.
C
A
C
For
this
particular
appeal,
staff
has
looked
at
it
in
terms
of
granting
the
hardship
for
a
use.
Variance
staff
does
not
feel
as
though
it's
consistent
with
the
intent
and
spirit
of
the
zoning
ordinance
for
granting
the
variance
and
so
staff
has
recommended
denial.
C
I
do
I
know
that
in
the
folder
I
have
the
comments,
so
I
would
like
to
grab
those.
There
are
some
comment
cards
that
were
sent
in
with
folks
that
were
both
proposed
are
in
favor
and
opposed
to
the
request.
I
would
like
to
know
some
of
note
some
of
the
history
associated
with
this
project.
Recently,
in
april,
the
the
project
had
had
sought
a
rezoning
before
the
planning
zoning
commission
and,
as
part
of
that
review
by
the
planning
zoning
commission.
C
They
had
both
recommended
approval,
along
with
staff,
had
recommended
approval
of
the
request
to
allow
the
the
use
that
they
are
proposing
at
the
site
when
it
went
before
council
that
use
was
as
proposed
was
denied,
and
so
we
are
here
today
to
discuss
the
context
of
of
that
proposal.
Q
F
C
So
there's
one
one
in
support,
one
in
opposition
and
so
one
of
those,
as
you
had
seen
before,
they
do
not
wish
to
see
this
site
being
turned
into
a
tavern.
C
Yep,
yep
and-
and
it
just
so
happened
that
the
notifications
happened
roughly
around
the
same
time.
So
that's
where
lies
some
of
the
confusion
that
took
place.
C
A
C
A
Pnz,
you
said
had
voted
for
approval,
yet
council
denied
it-
you
don't
have
to
dig
here,
but
pnz
is,
I
think,
up
to
15
members.
Do
you
know
what
the
vote
for
approval
was
on
that
any
idea?
A
Okay?
Well,
that's
helpful
to
understand.
So
if
we
were
inclined
to
grant
this
variance,
they'd
then
have
to
turn
around
and
meet
site
plan
requirements
and
go
back.
Probably
what
through
administrative
review
and
or
pnz
again,
is
that
right.
C
A
The
change
of
use
and
currently
the
property
use,
there's
no
landscaping.
It's
paved
right
up
to
the
property
line.
There's
parking
up
to
the
right-of-way,
I'm
assuming
that
would
not
be
allowed.
Even
if
we
allow
the
use
the
variants
they
would
not
be
able
to
just
park
the
way
they
are
have
the
property
appear.
The
way
it
does
now
is
that
correct.
C
That
is
correct.
They
would
they
would
have
to
work
through
the
code
and
they
would
have
chapter
135
the
design
code
and
they
would
any
of
those
items
that
were
outside
of
the
realm
of
the
code.
They
would
have
to
request
waiver
type,
2
type,
1
type,
2
design
exceptions
which
possibly
could
take
them
in
front
of
the
pnc
for
consideration
of
the
site
plan.
At
that
point
in
time,.
A
A
C
It
I
I
believe
that
there
was
some
in
enforcement
action
that
took
place.
I
would
ask
our
zoning
enforcement
officer
to
correct
me
on
that.
If
I'm
wrong.
Q
I
started
having
a
dry
cough,
so
so
the
the
enforcement
history
on
this
centers
around
the
occupancy
of
this,
that
it
had
formerly
been
a
pawn
store
or
a
pawn
broker,
and
then
it
was
occupied
with
a
vehicle
repair
category
use,
I
think,
they're
very
specialized,
and
there
was
some
other
enforcement
activity
on
the
window
signs
and
so
forth,
yeah.
Q
In
fact,
that
might
have
been
what
brought
it
to
our
attention
at
the
time.
I
know
we've
been
aggressively
reviewing
all
the
corridors,
yes
in
the
city.
So
that's
probably
why
you're
seeing
a
number
of
cases
along
these
areas.
B
Q
So,
based
on
that,
this
use
had
moved
in,
I
believe
from
just
next
door,
where
they
would
have
been
considered
in
continuous
use
so
that
that
triggered
the
the
enforcement
action.
Then
they
were
given.
You
know
their
remedies
to
that
which
was
to
seek
the
rezoning
and
also
to
then
seek
use
variants.
If
they
were
denied
the
rezoning,
they
would
still
be
subject
to
some
site
plan
regulations
with
change
of
use.
Q
If
this
was
granted,
as
mentioned
in
the
previous
case,
okay
separately,
there
might
be
a
question
of
you
know
if
everything
else
is
denied
here,
whether
there's
some
ability
to
resume
the
previous
use,
and
I
think
we
would
have
to
still
make
a
written
determination
on
that
at
their
request.
Q
B
Q
A
category
of
use,
okay,
so
a
number
of
businesses
may
have
become
non-conforming
at
that
point,
but
but
operating
in
continuous
use
per
the
allowances
of
the
ordinance.
D
Right,
I
had
one
more
sorry
well
for
either
of
you
yeah.
I
just
wanted
to
see
the
map
again
of
the
zoning
areas
or
or
just
like
how
close
it
was
to
the
others.
D
Okay,
that's
helpful.
Do
you
know
if
the
city
council,
I
mean
what
I
understand,
that
staff
gives
kind
of
the
various
options
and
doesn't
predict
how
any
of
them
might
turn
out
to
the
applicant
when
they
run
into
problems
like
this?
Do
you
know,
though,
if
the
city
council
specifically
mentioned
a
variance,
use,
variance
or
coming
to
the
zoning
board
of
adjustment,
or
anything
like
that?
I
guess
I
can
ask
the
applicant
because
he
was
probably
there,
but.
C
That
that
is,
that
is
correct.
I
think
that
there
was
some
the
and
I
would
like
the
applicant
to
speak
to
this,
but
the
the
applicant
wasn't
wasn't
able
to
be
at
the
meeting
due
to,
and
I
guess
circumstances
out
of
their
control
and
so
there
I
don't
know
that
there
was
a
great
deal
of
opportunity
for
someone
to
speak
regarding
the
project
that
was
in
front
of
them.
A
All
right
anything
else
for
frank,
then:
okay,
well,
let's
go
ahead
and
hear
from
the
applicant.
I
think
they've
been
waiting
patiently.
All
right,
you
guys
have
maybe
seen
how
the
process
works.
So
whoever
would
like
to
speak.
We
just
need
your
name
address
and
you've
got
up
to
10
minutes
to
present
your
request.
S
Alan
kennedy,
1054
150th
avenue
carlisle
iowa,
five,
zero,
zero,
four
seven
representing
the
business
at
1022
army
post
road,
I'm
the
owner
of
the
business
we've
been
doing
it
for
four
years
now
we
like,
like
was
mentioned
before
we
were
at
1026
army
post
road,
just
west
of
it
back
in
november,
the
property
sold
the
property
owner
owned,
both
properties,
ours
and
the
one
next
door
and
offered
us
a
remedy.
S
If
you
just
moved
next
door,
I
thought
great
it's
a
bigger
building,
anyways
and
less
headache
for
my
customers.
We
service
close
to
300
people
every
30
days
who
need
ignition
interlock
devices
installed
and
recalibrated
in
their
vehicles
to
maintain
their
restricted
license
with
the
state
we're
the
only
shop
in
the
metro
area
that
offers
three
different
contracts
for
three
different
companies.
S
That's
the
reason
why
we
got
the
contracts
we
did
because
of
the
corridor
that
we're
on
we're
the
only
ones
that
are
open
on
saturdays.
We
have
customers
that
drive
up
from
missouri
to
get
their
their
device
service
with
us.
It's
a
10
minute
process,
it's
where
they
pay
their
monthly
bill
with
us.
We
service
it.
It's
a
a
cord
that
plugs
into
their
car
services
they're
in
and
out.
All
these
appointments
are
scheduled
with
them
prior
to
them
showing
up.
So
it's
not
like.
S
We
have
a
huge
influx
of
cars,
backing
up
army
post
and
obstructing
traffic
or
anybody
they're
all
set,
and
everybody
understands
that
the
customers
have
gotten
really
good
with
the
way
they
pull
in.
They
pull
in.
They
go
to
the
back,
there's
a
carport
in
the
back
of
the
building.
As
you
can
see,
this
picture
is
old
because
we
cleaned
up
the
property.
We
got
rid
of
all
the
debris,
all
the
stuff
that
was
accumulated
over
the
the
course
of
years
when
it
was
the
pawn
shop.
S
Our
other
plans
were
to
revitalize
the
outside
of
the
building.
You
know
make
it
look
better.
You
know
I'm
a
south
sider.
I
was
born
and
raised.
We
live
in
carlisle
now,
but
I've
always
wanted
to
have
my
business
on
the
south
side
of
des
moines.
So
I
just
we
need
this
variance
because
the
minor
automotive,
it's
not
it's
classified
as
minor
automotive,
but
we're
not
in
there
pulling
motors
and
transmissions
and
it's
nothing
dirty.
S
It's
literally
20
minutes
we'll
have
a
vehicle
on
our
property
to
install
this
equipment.
It's
an
electronic
equipment
that
just
plug
basically
plugs
into
the
vehicle.
So
we
won't
have
vehicles
being
stored
there.
We
won't
have
junk
being
stored
outside
the
customers,
pick
it
up
the
exact
same
day.
They
drop
it
off,
there's
no,
all
the
all
the
neighbors
around
us.
We
took
that
into
consideration
four
years
ago
when
we
started
the
business.
Our
hours
are
noon
to
six
monday
through
friday.
So
we're
not
there
late
hours
we're
not
there.
S
Early
morning,
we
cater
to
the
hours
of
the
working
class.
The
people
who
need
to
come
in
there
on
their
lunch
break
to
get
their
equipment
serviced
or
come
in
after
work,
and
then
we
we
service
on
saturdays
also
from
10,
am
till
4
pm
we're
not
open
on
sundays.
No
late
nights,
we
don't,
you
know,
stir
up
anything
we're
not
loud.
I
mean
there's
other
there's
a
shop
directly
across
the
street
from
us
that
does
loud.
Mechanical
work.
S
There's
a
shop
right
next
door,
where
our
old
shop,
where
we
moved
from
that
is
they
do
heavy
mechanical
work,
that's
very
loud,
but
it
has
nothing
to
do
with
us.
So
you
know
we're
just
there
to
do
our
job.
It's
a
the
shops
ran
by
me
and
both
my
sons.
It's
a
family
business
right
now
we
have
to
take
the
vehicles
off
site
because
we
it's
not
in
compliant
to
do
the
installation
of
the
equipment.
S
S
You
probably
should
not
yeah
exactly,
but
but
I'm
not
in
carlos,
but
yeah.
It's
a
just
trying
to
keep.
I
mean
I
started
this
business,
so
I
could
have
something
to
hand
off
to
my
sons
and
we
just
stopped
moving
from
one
literally.
They
share
a
property
line
and
they
shared
the
same
owner.
We
moved
next
door
thinking,
we
would
be
okay
and
then,
since
november
it's
just
been
hurdle
after
hurdle
and
we've
been
doing
everything
on
our
end
to
fill,
get
the
proper
paperwork
anything
submitted
that
the
city
has
asked
for.
S
S
S
It's
a
scheduled
appointment,
yep,
they
show
up,
we
install
it,
we
do
their
contract,
their
paperwork,
we
get
their
dot
paperwork,
they
pay
us
for
the
services.
We
show
them
how
to
use
it,
they
leave
and
they
don't.
Even
we
don't
even
have
the
customers
wait.
They
drop
their
vehicle
off
with
us.
So
we're
not
having
customers
overflowing
our
our
lobby,
our
area,
they
drop
it
off.
We
call
them
when
it's
done.
So
it's
it's
very
minimal
the
amount
of
traffic
we
have
through
there.
P
J
S
And
that's
why
I
wanted
to
speak
on
it
because
minor
automotive
can
mean
a
lot
of
things
right,
and
I
can
look
with
an
electronic
probe
in
my
bare
hands.
I
can
install
this
equipment,
so
I
mean
that's,
not
a
mechanical.
I
mean
it's
a
technical
know-how.
More
than
anything,
I'm
an
electrician
by
trade,
yeah,
so
cool.
A
R
Army
post,
I
had
no
idea
he
was
on
the
docket
until
today,
so
I
I
got
to
support
them.
You
know
the
two
buildings
to
the
east
of
there
are
empty
and
been
empty.
We
need
anything
to
do.
They've
been
good,
neighbors
and
I'll
testify.
He's
cleaned
up
a
lot,
a
lot.
It's
it's
significantly
different
than
what
it
was
two
months
ago
and
not
that
it
was
bad
two
months
ago,
but
it's
much
much
cleaner
than
what
it
was.
So
that's
it.
I
just
I'm
supportive.
A
All
right
support
and
yeah,
I'm
sure
you
can
do
it
come
on
up
just
need
your
name
and
address.
You
got
five
minutes.
T
Allen
has
has
done
just
a
wonderful
job.
I
actually
think
he
could
do
what
he
needs
to
do
on
the
rx1,
because
he's
not
actually
doing
vehicle
maintenance
or
repair
repair
per
se,
but
we
want
this
variance
because
number
one
it's
a
service
for
the
state
of
iowa
they
contract
in
the
state
of
iowa,
no
congestion.
We
were
willing
to
do
anything
possible
per
se
to
and
we
did
everything
that
the
city
asked
with
the
property
and
man
allen
gives
back
to
the
community
every
year
at
school
time.
T
He
has
a
backpack
program
where
he
gives
backpacks
away
to
the
community.
All
the
kids
school
I
mean
he's
just
he
wants
people
to
have
things
on
the
south
side.
What
we
are
asking
for
is
is
the
variance.
T
A
Q
B
A
I'm
a
des
moines
native
I've
lived
with
a
right
off
army
post
road,
only
house
I've
ever
bought
in
my
life.
I
lived
there
for
decades.
I
drive
up
and
down
the
army
post
corridor
almost
every
day
of
the
week,
and
I
can't
tell
you
how
embarrassed
I
am
by
the
area
between
southwest
10th
and
southwest
18th.
A
A
But
we
now
have
a
new
zoning
ordinance,
we're
trying
to
lift
our
city
and
move
it
forward
into
the
21st
century.
The
army
post
corridor
was
just
that
it
was
a
way
to
get
to
the
army
post.
That
was
established
there
in
1901
it
was
the
old
highway
5
alignment
until
the
bypass
was
built,
but
it's
had
such
a
jumble
of
uses
over
the
years.
It
wasn't
even
annexed
into
the
city.
A
I
don't
have
the
date
in
my
head,
but
probably
the
60s
before
it
was
even
annexed
in
a
lot
of
these
buildings
were
already
here
so
des
moines
got
what
it
was
stuck
with,
and
I
know
these
guys
run
a
great
business.
They
run
a
nice
business,
but
we
have
to
find
a
way
to
get
businesses
to
fit
into
our
zoning
ordinance
and
especially
in
this
corridor.
A
I
don't
want
to
see
more
use
allowances
and
use
changes
and
use
variances,
that's
a
heavy
lift.
This
is
not
zoned
for
this.
The
city
council
said
this
is
not
consistent
with
our
zoning
on
the
nice
guy
and
the
nice
business
thing
sure
I'd
love
to
say
yes,
but
in
the
practicality
I
can't
I
can't
it
just-
doesn't
meet
the
variance
test
for
for
for
me
here,
but
I'm
open
to
other
options
if
people
got
them
or
if
they've
got
different
observations
with
what
they've
seen
in
this
corridor.
A
S
I
just
wanted
to
close
this
out
by
saying
that
this
is,
I
mean
it's
hard,
it's
a
hard
pill
to
swallow,
just
knowing
that
this
right
here
is
the
determining
factor
of
whether
I'm
going
to
have
a
business
when
I
walk
out
of
the
store-
and
I
got
to
go
home
to
my
family
and
tell
them
that
we
don't
have
a
business
anymore,
because
there
is
no
properties,
I
have
looked
endlessly
since
november
for
another
property,
just
as
a
plan
b
in
case
this
did
not
go
through.
There
is
no
properties.
S
S
I
just
I
I
realize
I
agree
with
you
that
there's
tons
of
buildings
and
businesses
along
army
post
road
that
do
not
need
to
be
there
and
are
an
eyesore.
My
plans
for
this
property
are
over
the
moon.
Really,
I
plan
I
reinvest
in
my
properties.
I
reinvest
in
everything
I
stopped
actually
that
the
exterior
that
we
were
doing,
because
I
wanted
to
make
sure
all
this
was
going
through
before
I
dumped
more
money
into
it.
S
It
will
have
a
completely
different
appearance,
30
days
from
now
six
months
from
now
a
year
from
now,
because
I
will
continue
to
dump
money
into
it
to
make
it
more
appealing
to
somebody
driving
down
army
post
road.
I
just
all
I
need.
Is
this
variance?
It's
a
small
variance
that
I
asked
for
it's
I'm.
I
agree.
We
don't
need
automotive
shops
and
that's
not
what
I
have
we're
not
going
to
have
mechanics
and
cars
and
debris
stuff
sitting
out
there.
That's
going
to
make
you
drive
by
and
go.
Why
is
that
there?
B
A
A
If
we
wanted
to
try
to
grant
something
here
to
allow
the
variance
for
what
he
exactly
wants
to
do
here
is
there
a
way
we
can
make
that
narrow
enough
to
allow
him
to
have
it
without
letting
the
elephant
in
the
room
of
any
other
vehicle
maintenance
repair
miner,
because
that
does
allow
for
vehicles
to
be
parked
outside
for
up
to
three
days
and
vehicles.
Outdoors
waiting,
repair
and
pickup.
F
P
P
P
A
P
Okay,
that's
a
little
over
dramatic,
but
it's
like
night
and
day
yeah.
So
now
we
got
a
guy
here:
who's
he's
not
even
working
on
cars.
This
is
like,
I
replaced
glove
compartment
lights
I'll
make
an
appointment,
because
I
have
to
have
this
in
order
to
drive
and
if
I
don't
have
this,
I
can't
get
insurance
and
I've
had
a
problem
because
I've
drank
and
gotten
caught
multiple
times.
So
I
don't
agree
with
the
city's
definition
here.
P
Eric
said
it's
broad,
okay,
we're
not
letting
somebody
park
a
trailer
outside,
that's
a
half
a
block
away,
but
he's
got
mowers
and
everything
else
inside
of
a
garage
any
store
and
car
wash
chemicals
outside
in
a
lot.
That's
got
barbed
wire
around
the
top
of
it
yeah,
and
here
we
got
a
guy
that
which.
P
They're
two
different
things:
I'm
just
saying
this:
we
need
to
be
able
to
read
between
the
lines
here
and
there's
not
a
perfect
fit,
and
I
think
the
city
gets
that
they've
gotta.
They
can't
they
can't
foresee
everything
and
they
can't
allow
for
everything.
But
I
think
this
board
can
and
shame
on
us
if
we
can't
figure
out
how
to
make
this
work
for
this
guy.
How.
P
P
I
don't
know
whatever
you
want
to
call
it
and
there's
no
overnight
parking,
there's
no
storage
of
vehicles
on
site,
and
I
think
this
guy
will
do
everything
we
ask
him
to
do.
He
probably
will
do
more
he's
going
to
fix
the
building
up
now,
which
I
think
is
going
to
accomplish
what
you're
trying
to
accomplish
on
this
corridor,
which
nobody
else
is
doing.
That
he's
already
gone.
P
We
got
better
things
with
our
time,
so
I'm
going
to
make
a
motion
that
we
grant
the
variance
and
then
I'm
open
to
anyone
that
wants
to
make
a
requirement.
That's
reasonable
to
go
along
with
this,
to
where
we
can
let
this
guy
go
home
tonight
and
tell
his
kids
let's
go
to
work
tomorrow.
Let's
have
fun,
oh
by
the
way
we
don't
have
to
drive
these
things
to
carl
island,
come
on
so
I'll
get
off.
My
soapbox.
A
P
A
B
P
P
A
Here's
one
thing
I
would
suggest
if
you
want
to
grant
the
variance
for
the
vehicle
maintenance
repair
miner,
with
the
conditions
you're
listing,
I'm
hopeful
we're
going
to
get
defined
enough.
Hey
can't
have
a
car
overnight,
it
can't
be
in
the
employee
spaces.
Everything's
got
to
be
current.
It
can't
be
sitting
there
while
awaiting
repair
pickup
we're
getting
it
so
fine
you're
going
to
have
to
basically
do
what
they
do
now.
They
have
an
appointment,
they
pull
in,
so
they
have
appointment
and
they
pull
in.
A
The
idea
is
having
a
bunch
of
vehicles
sitting
outside
milling
around
is
something
we
we
got
to
get
this
corridor
turned
around.
So
if
there's
a
way
you
want
to
work
on
that,
I'm
fine
with
that,
but
it's
just
yeah.
A
lot
of
us
have
had
enough
on.
E
E
E
You
know
it's
a
unique
circumstance
that
is
not
by
the
making
of
the
owner,
and
I
do
think
if
he
didn't
get
this
variance
it
would,
it
would
ruin
his
business
and
it
would
be
he'd,
be
deprived
of
of
all
benefit
of
the
use,
and
so
I
I
think
I
would
be
in
favor
of
the
variants
with
some
restrictions
that
we're
talking
about.
I
just
wanted
that
on
the
record.
Thank
you.
H
H
A
P
P
A
A
I
I
think,
we're
starting
to
get
way
too
specific,
because
again,
if
somebody
just
wants
to
install
ss
logos
on
non-original
ss
camaros
by
pulling
in
a
building
and
putting
that
on
there
as
long
as
they
didn't
violate
these
terms.
Frankly,
I
don't
care
if
you
run
an
interlock
business.
That's
that's
not
what
this
is
about.
This
is
about
how
it
fits
in
with
the
corridor
and
the
zoning
right.
That's
what
we
have
to
keep
in
mind
here.
This
isn't
about
their
good
public
service.
I
get
it!
A
A
A
A
L
P
A
P
A
Okay,
so
we
have
a
motion
and
a
second
to
grant
a
variant
subject
to
those
conditions.
If
that's
clear
enough
for
the
record,
all
those
in
favor
raise
your
right
hand
say
hi.
I
made
the
motion,
so
I
gotta
put
my
hand
up,
oh
that
the
second
was
me
motion
was
dave.
The
second
was
me
all
those
in
favor
yeah.
That's
seven
see
what
happens
when
I
go
out
of
order
in
my
comments.
A
A
C
A
Term
something
more
as
vice
chair
anybody
who
was
here
last
month,
if
you
saw
any
concerns
with
the
minutes,
please
note
if
there's
no
corrections
for
the
minutes,
anybody
who
was
here
last
month
can
make
a
motion
and
vote
to
accept
minutes
I'll
make
the
motion.
A
B
A
We're
missing,
okay,
all
right,
any
other
business
from
staff's
perspective,
no
other
business,
frank
minutes!
We
just
approve.