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From YouTube: 12-21-22 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, December 21, 2022.
View the agenda: https://DSM.city/ZBOAatHome
A
B
B
Okay,
are
we
ready
all
right
I'll
just
do
a
check
test
test,
one
two:
okay,
all
right
good
afternoon,
ladies
and
gentlemen,
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
to
hear
and
make
decisions
on
requests
for
variances
and
exceptions
from
the
regulations
in
the
zoning
ordinance
to
review
conditional
use
requests
and
to
consider
appeals
from
any
decision
of
City
staff
in
the
administration
of
the
zoning
ordinance
mm-hmm.
B
B
Pardon
me
on
the
audience
is
right:
that's
Tom,
desito
next
to
him
is
Dave
gear.
Next
to
Dave
is
Rhonda
sadillo,
hello,
Rhonda
on
the
audience's
left
is
Justin.
Gross
next
to
him
is
marlis
Jones
and
I'm
Mel
pins,
the
board,
chair
and
I-
think
we'll
have
a
seventh
member
arriving
shortly.
Is
that
correct
Nathan
will
not
he's
out
sick
Nathan's
out
today.
Okay,
so
I
have
six
members
present
here
today.
B
I'll
introduce
our
city
staff,
who
will
be
assisting
us
today
to
my
left,
is
Gary
guide,
lock
legal
counsel
for
the
zoning
Board
of
adjustment
I'll
introduce
our
City
staff,
who
will
be
assisting
with
presentations
and
process
standing
at
the
podium.
Now
is
Frank
Dunn
Young,
Senior
city
planner,
Bert,
dross,
Deputy
planning,
administrator
suanne,
Donovan,
deputy
director
of
Neighborhood
Services
chakraborty
city
planner,
Catherine,
drahas
city
planner
and
Eric
Lundy
zoning
enforcement
officer
I'm
going
to
go
over
the
meetings
procedure
here.
B
For
some
of
you,
this
may
be
your
first
time
in
front
of
the
board
of
adjustment.
You
may
hope
it's
your
only
time,
but
we'll
work
you
through
the
process
here
so
I'm,
going
to
explain
how
the
hearing
works,
but
you
don't
have
to
memorize
everything
we'll
help
you
along
through
each
agenda
items.
So
so
don't
worry
about
the
process.
We'll
guide
you
through
this,
but
for
some
background
here,
the
zoning
Board
of
adjustment
is
a
quasi-judicial
board.
B
This
hearing
will
be
conducted
within
the
procedures
and
format
as
authorized
by
Iowa
law
in
this
City's
ordinances.
The
meeting
is
open
to
the
public.
The
meeting
is
being
recorded
by
both
audio
and
video
for
a
legal
record
of
these
proceedings,
the
board
members
have
each
received
a
copy
of
the
agenda
and
the
staff
recommendations.
B
B
B
B
We'll
then
move
to
the
public
comment
portion
of
the
hearing.
For
that
agenda
item,
anyone
wanting
to
speak
in
support
of
in
opposition
to
or
even
in
neutrality
of
the
appeal
will
be
allowed
up
to
five
minutes
each
to
present
their
comments.
This
will
be
their
one
and
only
opportunity
to
address
the
board
for
the
agenda
item
at
hand.
B
Once
all
concerned
citizens
have
spoken
regarding
the
agenda
item,
the
board
will
then
ask
any
additional
questions
of
City
staff.
Finally,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
closing
comments
if
they
so
choose.
All
speakers
must
speak
only
from
the
podium
here
at
the
center
of
the
room.
You
see
the
microphone
there
and
the
computer
screen.
So
when
it's
your
appropriate
turn
or
you're
recognized,
you
will
begin
your
presentation
by
first
giving
both
your
name
and
address
that
address
can
be
your
place
of
business
or
residence
as
appropriate.
B
B
Once
all
matters
have
been
addressed.
The
board
chair
will
close
any
further
public
comment
on
the
agenda
item
and
the
board
will
immediately
deliberate
the
request
and
we
will
make
a
decision
on
the
appeal
here
today.
Please
note
that
it
always
takes
at
least
four
affirmative
votes
for
any
zoning
appeal
to
gain
approval.
B
B
This
will
allow
the
decision
of
this
board
to
be
documented
in
the
form
of
a
decision
and
order.
That
document
will
then
be
provided
to
you
and
City
staff
for
the
record.
Any
appeal
that
is
approved
by
this
board
must
be
implemented,
constructed
or
otherwise,
utilized
within
two
years
of
the
date
of
the
decision
of
this
board
or
such
approval
shall
expire.
B
Finally,
the
decisions
of
this
board
can
only
be
appealed
in
the
Iowa
district
court
if
you
believe
you've
been
harmed
by
an
error
made
by
this
board.
Your
only
remedy
is
to
seek
relief
through
the
court
within
30
days
of
the
filing
of
the
board's
decision
in
order,
if
you
believe
the
zoning
regulations
applied
by
this
board
are
wrong,
you
may
petition
the
city
council
to
change
those
regulations
for
future
considerations.
B
All
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
is
a
part
of
the
permanent
record.
If
you
plan
to
present
anything
today,
plans,
photos
drawings
documents
that
you
already
didn't
give
copies
to
City
staff
you'll
need
to
do
so
before
you
leave
the
hearing,
you
can
contact
City
staff
after
the
hearing,
if
you'd
like
a
copy
of
anything
presented
today.
B
Finally,
just
some
quick
housekeeping
items
for
the
hearing,
please
avoid
any
undue
conversation
in
the
audience
to
limit
distractions.
During
the
hearing.
That's
in
progress,
you're
all
doing
a
great
job.
Please
ensure
your
cell
phone
has
been
silenced
so
far
so
good
and
if
you
need
to
use
the
restroom
just
walk
through
the
doors
here,
you
don't
have
to
go
back
downstairs,
walk
past
the
staircase,
there's
restrooms
on
your
left
and
subject
to
the
time
of
the
hearing,
we'll
take
a
five
minute
break
in
the
meeting
around
3
or
3
30.
B
If
needed,
and
once
your
agenda
item
is
completed,
you're
welcome
to
leave
the
hearing
or
you
can
stick
around-
listen
to
the
other
ones.
So.
Speaking
of
the
hearing,
we'll
take
a
look
at
our
agenda
for
today
to
see
if
we
do
have
any
changes
to
the
printed
agenda,
so
we'll
have
Frank
come
up
and
we'll
see
Frank
do
we
have
any
changes
for
today.
A
A
B
B
So
was
there
anybody
who
had
a
concern
with
item
four
3301
East
Granger,
you
can't
address
the
board,
but
do
you
have
a
concern
if
we
were
to
approve
that
item
well,
I
want
to
go
back
to
the
other.
One
I
have
my
hand
up,
but
nope
we're
we're
we're
just
talking
about
moving
an
item
to
the
consent
agenda.
B
So
please
sit
down
for
the
moment
if
your
interest
is
not
in
item
four,
we're
looking
to
move
that
to
the
consent
agenda
so
for
the
consent
agenda,
anybody
in
the
audience
with
a
concern
about
item
four,
seeing
none
board
members
unless
there's
questions
or
any
concerns
with
there
be
a
motion
to
move
item
four
to
the
consent
agenda.
All.
B
Right
move
by
Marla,
second,
by
Rhonda,
all
those
in
favor,
say:
aye,
aye,
all
right,
so
we'll
move
item
four
to
consent,
all
right.
Any
other
changes
in
the
agenda,
we're
good,
okay,
all
right!
So
now,
okay,
we
have
two
items
then,
on
the
consent
agenda
item
one
is
a
zoning
exception
request
in
the
vicinity
of
5604
Fleur
Drive
related
to
the
Des
Moines
airport.
Is
there
anybody
in
the
audience
that
would
object
to
granting
the
requested
zoning
exception?
B
So
is
there
anybody
in
the
audience
that
would
object
to
this
board,
granting
approval
for
the
zoning
exception,
request
in
the
vicinity
of
5604
Fleur
Drive
as
well
as
item
number
four,
once
again,
a
conditional
use
request
at
3301
East
Range.
If
there's
anybody
in
the
audience
that
would
object
to
items
one
or
four
raise
your
hand.
It's
almost
a
second
call,
seeing
none
board
members.
We
have
y
items
one
and
four
and
consent.
If
there's
any
questions
or
concerns,
please
raise
those.
If
none
would
there
be
a
motion
to
Grant
approval.
B
I'm
gonna
call
that
for
a
second
by
Tom,
all
those
in
favor
of
granting
the
requested
exceptions
and
conditional
use
items.
One
and
four
raise
your
right
hand
say:
aye.
All
right
motion
carry
six
four.
If
you
are
here
for
items
one
or
four,
they
have
been
approved,
subject
to
you,
meeting
the
staff,
recommendations
and
conditions
as
presented,
we'll
get
you
a
copy
of
the
decision
in
order
next
week
on
those.
So
thank
you
for
coming
in
for
items
one
and
four
all
right.
B
This
will
move
us
to
the
regular
portion
of
the
agenda
where
we
will
hear
the
appeal.
We'll
start
with
item
number
two:
that's
a
reconsideration
of
a
conditional
use
at
216,
Court,
Avenue
and
in
this
process.
This
is
a
process.
In
this
case.
The
city,
in
essence,
would
be
the
appellant,
so
the
city
will
make
their
presentation
as
the
appellant
first.
D
Chair
members
of
the
board,
Sue
Ann
Donovan,
deputy
director
of
The
Neighborhood
Services
Department
in
front
of
you
on
behalf
of
the
zoning
enforcement
division
of
the
Neighborhood
Services.
We
are
here
regarding
216
Court,
Avenue
and
we're
here
for
reconsideration
of
the
conditional
use
approval
that
was
granted
in
2006..
D
As
you
may
remember,
the
conditional
use
approval
was
granted
for
the
entire
building.
It
has
five
bars
in
it
at
this
point
or
had
five
bars
in
it
and
we
were
bringing
it
back
for
reconsideration
due
to
at
least
60
police
calls.
Over
the
last
year
we
have
talked
to
the
owner
of
the
bar,
and
we
have
negotiated
some
conditions
that
they
are
in
agreement
with
which
I
will
present
later.
This
is
your
consent
map.
F
D
E
D
I'm
going
to
quickly
I
only
have
10
minutes,
so
I
don't
want
to
belabor
the
the
crime
findings
at
this
location,
but
you
have
in
front
of
you
in
the
packet
the
percentage
of
cases
by
location
at
216,
Court,
broken
down
by
the
police
department,
as
the
presented
percentages
of
police
calls
attributed
to
each
of
those
bars
in
defendant
in
exhibit
to
have
a
graph
that
shows
cases
by
category
for
the
firm
on
it.
It's
showing
attempted
murder,
disorderly
conduct,
theft,
I'm,
not
seeing
that.
D
D
D
Chummy
cases
is
exhibit
five
again
assault
with
a
weapon.
Harassment,
shags
is
exhibit
number
six
and
it
shows
a
republican
Nation
exposure.
That
was
an
event
that
happened
in
the
bar
in
September
of
2022,
attempted
murder,
dispute
The,
Exchange
cases
again,
disorderly
conduct,
assault,
exhibit
number,
eight
is
court
cases.
There
look
at
the
area
cases
and
you
have
alcohol
feds,
totally
conduct
assault,
exhibit
nine
South,
stairwell
disorderly
conduct,
North
stairwell,
you
have
assault,
that's
exhibit
10.
D
exhibit
11
in
the
south
parking
lot.
You
have
assault
with
the
weapon
just
to
go
through,
exhibit
12
a
through
Q
very
quickly.
You
have
a
report
on
11
6,
20,
22,
The
Firm
arrested
somebody
for
disorderly
conduct,
7-11
2022.
There
was
an
assault
with
the
weapon.
It
was
attributed
to
activity
in
the
firm.
E
D
Then
the
sub
suspect
was
subsequently
arrested.
Four
three
of
2022.
You
have
an
attempted
murder
that
originated
in
the
firm
where,
if
seven
or
eight
shots
were
fired,
striking
one
victim
for
12a,
just
briefly,
you
have
a
couple
incidents:
8
14
was
harassment
with
an
arrest,
8
21
22
was
a
theft
and
somebody
was
removed
from
the
property
for
disorderly
conduct.
D
Well,
the
disorderly
conduct
on
925
2022,
apparently
the
suspect
in
The
Firm
punched,
a
superior
guard
and
was
subsequently
arrested
and
five
a
burglary,
10
22,
a
large
group
removed
for
fighting
ultimately
arrested
for
harassment
of
a
police
officer
and
trespass
12C
10
29
22.
You
had
an
assault,
10
30,
22,
disorderly
conduct.
Multiple
fights
had
broken
out
around
the
firm
in
Suite
203,
11,
3,
2022,
criminal
mischief,
a
fight
on
the
stairs
11
29,
2022
security
broke
up
two
separate
fights
on
that
night.
D
12D26
2022
being
a
female,
was
inadvertently
tased
by
security,
while
they're
trying
to
make
a
break
up
a
fight
on
219
2022.
There's
a
trespass,
because
somebody
refused
to
leave
this
eye
of
the
firm
and
203
and
was
subsequently
arrested.
227
2022,
disorderly
conduct,
refusing
officers
orders
to
leave,
arrested
for
disorderland
conduct,
10
11,
10,
20,
22
assault.
Somebody
became
verbally,
abusive,
2,
26
2022,
another
fight,
318
2022,
on
a
person
that
was
in
the
district
I
believe
she
was
drugged
and
was
going
to
go,
get
a
blood
test
12f.
D
We
have
an
assault
on
416
2022
with
the
rest,
428
2022
and
alcohol,
a
fence
where
somebody
was
subsequently
arrested
for
public
intox,
516
2022,
that
was
a
theft
625,
an
assault
which
somebody
was
subsequently
arrested.
In
the
district
12g
we
have
625
20
22,
an
assault
with
an
arrest,
7
8,
20
22,
an
assault
and
an
arrest
7
8
20
22
was
arrested.
Somebody
was
arrested
for
disorderly
conduct.
All
of
these
incidents
were
attributed
to
the
district,
seven
or
three.
D
Twenty
twenty
twenty
two,
a
victim
was
assaulted
by
Beer,
Can,
Alley,
522
2022
suspect
was
identified
and
arrested.
After
criminal
mischief,
okay,
12i
7,
10,
20
22
an
assault
with
a
deadly
weapon,
there's
an
argument
inside
the
bar
chummies
they
went
outside
and
somebody
pulled
the
gun
and
fired
one
shot
at
the
sidewalk.
E
D
D
9
20
9
19
20,
22
12.
I
l
indecent
exposure.
This
is
again
the
incident
that
we
talked
about
previously,
where
there
was
an
adult
entertainment
event
at
shags,
in
violation
of
several
ordinances:
12
M,
7,
3
2022,
the
result
in
The
Exchange,
416,
2022
disorderly
conduct
the
officers
some
arrested,
somebody
as
a
result
of
that
522
2022
disorderly
conduct,
8
28
2022.
This
is
exhibit
12
n
assortedly
conduct
with
with
fighting
2
5
20
22
public
in
tax
harassment
and
possession
of
Oxycodone
717
2022
assault
with
a
weapon.
D
D
D
12-Q
alcohol
offense
somebody
in
the
street
attempting
to
start
a
fight.
As
you
can
see,
we
have
multiple
offenses
at
this
property
that
we
believe
warrant
the
reconsideration
of
the
conditional
use
approval.
The
conditions
that
have
been
discussed
are
that
they
comply
with
the
noise
regulations
of
chapter
42.
D
.,
post
information
for
the
manager
on
site,
post,
no
loitering
signs,
literature
and
trash
receptacles
cleaned
up
comply
with
the
permit
Development
Center
if
they
wish
to
pull
any
building
permits,
all
persons
entering
the
building
or
the
Suites
shall
show
identification.
All
common
areas
and
exterior
of
the
building
must
have
functioning
cameras
installed
and
operated
by
the
owner
of
the
building.
D
It
has
a
liquor,
license,
she'll
install
and
have
functioning
cameras
showing
the
interior
of
the
business
is
operating
during
business
hours,
Private,
Business
offices
or
attached
living
orders
do
not
need
cameras
and
again,
if
we
find
that
it's
a
nuisance
in
the
future
again
bring
it
back
to
the
board
for
reconsideration.
Thank.
D
F
E
E
G
G
G
G
D
G
B
Good
questions,
Dave
and
Sam
just
for
some
clarification
on
a
couple
points.
I
appreciate
Dave's
questions
in
general,
when
a
conditional
use
is
issued
to
operate
a
Tavern
in
an
otherwise
legal
zoning,
District,
that's
issued
for
the
property-
it's
not
normally
issued.
Like
you
know,
for
this
Bay
or
that
floor,
that's
right.
It's
usually
issued
for
the
the
address.
The
property.
Is
that
correct
when.
D
This
came
into
the
board
in
06.
This
was
a
little
bit
different
than
normal
and
they
asked
for
the
whole
building,
because
at
the
time
they
wanted
to
be
able
to
maneuver
different
tenant
spaces
within
the
building
yep
easily.
So
they
had
peoples
in
there.
They
had
a
restaurant.
On
the
first
floor,
they
wanted
to
have
mobility
in
other
buildings
with
Suites.
We
have
separated
out
and
given
agreements
just
for
particular
Suites
within
sweet
configurations
such
as
this
you're.
B
H
In
the
the
you
know,
the
procedural
posture
where
we
are
with
this
as
a
reconsideration
of
the
existing
conditional
use
permit
I,
you
know
the
the
the
board
has
the
authority
to
amend
the
conditional
use,
approval
and
I
think
as
long
as
we
could
find
a
way
to
accurately
describe
the
footprint
of
each
Bay,
essentially
I.
Think
that
that's
that's
probably
within
the
board's
purview.
B
G
And
just
from
my
perspective,
yeah,
this
is
all
this
is:
is
a
strip
center
stacked
up?
That's
how
I'm
looking
at
it
sure,
because
the
script
Center's
got
that
you
typically
they
have
one
owner
and
there's
multiple
businesses,
so
I
I
would
venture
a
guess
that
each
one
of
these
guys
has
a
lease
yeah.
Each
one
of
these
has
an
address
each
one
of
these
guys
has
a
footprint,
yep
and
so
I
I
think
it'd
be
easy
to
separate
it
if
we,
so
if
we
want
to
go
down
that
road
I,
don't
know
sure.
B
All
right
so
so
Ann
just
a
statement
and
a
question
for
you
here.
You
know
as
I
state
in
the
Preamble
we're
all
citizens
of
the
city
of
Des
Moines.
So
we
have
eyes
and
we
have
ears.
We
know
there's
some
weather
alerts
today,
so
we've
canceled
another
appointment
after
this
hearing,
so
we're
we're
just
people.
We
may
hear
and
see
things,
but
you
know
if
we
hear
see
something
about
a
specific
property
or
specific
location,
either
in
the
news,
the
newspaper
social
media.
B
You
know
I'm
I'm,
not
a
stranger
to
a
bar
we've
all
seen
a
bar
fight,
I,
try
not
to
be
in
those,
but
by
the
same
token,
you
know
every
once,
while
yeah
a
bar
fight
and
assault
at
a
bar.
But
when
I
heard
you
say
things
like
assault
with
a
deadly
weapon
gunfire
street
fighting
attempted
murder,
adult
entertainment
and
exposure
which
are
not
allowed,
haven't
seen
that
one
before.
B
D
B
Correct,
okay,
any
other
questions
for
staff.
Okay,
so
the
way
this
works
and
Gary
you
can
help
me
out
here
as
as
need
be.
So
a
representative
of
the
conditional
use
holder
at
this
address
can
now
address
the
board.
They
have
up
to
10
minutes,
but
that
will
be
the
person
who
is
representing
the
conditional
use
holder,
correct,
that's
correct,
okay,
all
right!
So
whoever
that
may
be
spotlight's
on
you,
sir.
We
just
need
your
name
address,
is
appropriate.
You've
got
up
to
10
minutes
sure.
I
I
They
are
the
owners
of
the
the
building
that
you
know
is
216
Court
Avenue
thanks
for
your
time
on
this
beautiful
day
and
because
of
the
weather,
the
principles
of
Court
Center,
who
wanted
to
attend,
made
the
decision
not
to
attend
they're
from
Northeast
Iowa,
but
I
can
assure
you
that
they
are
paying
attention
and
they
have
been
working
diligently
on
these
issues
since
they
Rose
to
the
surface
than
the
last
year.
A
little
bit
of
background,
because
all
these
all
this
information
is
very
alarming.
I
When
you
think
about
it,
you
also
need
to
understand
I,
think
in
isolation,
it's
hard
to
track
an
attempted
murder
to
a
bar,
for
instance,
but
we
take
all
of
these
things
very
seriously
and-
and
we
have
have
done
that
Court
Center
LLC
bought
the
building.
Those
two
known
as
216
Court
Avenue
about
one
year
ago
so
address
to
address.
I,
think
what
you
were
referencing.
They
inherited
seven
leases,
there's
one
conditional
use
permit
for
that.
I
I
Some
tenants,
since
this
process
has
started,
are
gone
now.
Others
May
leave
it's
a
very
fluid
situation,
but,
as
I'm
sure
you
understand,
each
of
those
tenants
has
rights
under
the
terms
of
their
lease,
so
we're
attempting
to
work
with
all
of
them
and
work
with
the
city
and
all
of
the
invested
parties.
The
the
partnership,
the
Des
Moines
Police.
My
clients
have
reached
out
to
every
organization
that
they
felt
was
invested
in
this
proceeding
and
in
Court
Avenue.
I
So
we
respect
that
and
we
want
to
honor
that
as
I
said,
this
is
a
very
fluid
situation
with
a
lot
of
moving
pieces,
but
my
clients
have
been
navigating
these
difficult
Waters,
along
with
the
city
and
and
the
police,
and
we
believe
that
the
recommendation
that's
in
front
of
you,
along
with
the
changes
that
have
already
been
made,
are,
are
a
fair
resolution
of
this
issue.
They
allow
for
a
path
forward
for
all
the
parties.
It
does
not
divide.
I
The
conditional
use
permit
it
contain
continues
with
one
conditional
use
permit
for
the
entire
building,
but
my
clients
are
committed
to
continue
working
with
the
parties
that
they've
been
working
with
the
city,
the
police,
the
partnership,
Ms
Donovan
and
her
team
to
to
make
sure
that
this
type
of
stuff
does
not
happen
again.
Obviously
we
can't
we
don't
have
a
crystal
ball.
We
can't
promise
that,
but
we're
making
changes
based
on
the
recommendations
that
you
have
before
you
to
hopefully
create
a
better
space.
I
My
clients
have
already
made
Financial
sacrifices
in
the
interest
of
moving
this
forward,
not
to
say
that
they
shouldn't
have
but
they're
trying
to
improve
the
environment
of
216
Court.
We
appreciate
all
the
hard
work
of
the
city
city,
folks,
the
police,
all
the
partners
and
the
invested
parties,
and
we
share
the
city's
vision
for
216
Court
Avenue
moving
forward.
We
believe
that
the
recommendation
you
have
to
amend
the
conditional
use
permit-
that's
been
proposed
and
agreed
to
by
us
in
the
city
is
fair.
I
F
I
Well,
specifically,
the
penalty
that
the
shags
was
penalized
and
lost
their
I
think
they're
shut
down
for
14
days
and
they
agreed.
We
agreed
to
shut
that
place
down
permanently
as
a
result
of
that
activity
and
that
that
was
the
on
the
spreadsheet
of
charges.
That
was
the
indecent
exposure
issue
and
that's.
I
F
I
There
are
others
that
are
gone
and,
if
I
screw
these
names
up,
you'll
have
to
forgive
me
but
Beer
Can
Alley
is
gone,
Suite
203
has
moved
out.
I
am
not
sure
if
chummy
has
moved
out.
I
know
that
you
mentioned
that,
but
we're
working
with
a
lot
of
these
tenants
like
as
I,
said
they
have
rights
under
the
terms
of
their
leases.
So
there
may
be
some
more
changes.
That's
just
what
I
know
as
I
stand
here
today.
Thank.
F
B
I
I
I
J
I
J
I
I
C
I
G
E
G
G
G
And
I
don't
know
how
cameras
are
going
to
prevent
any
of
this
stuff
from
happening.
Well,
they're,
not
it's
going
to
have
to
be,
and
I
mean
Johnny's
hall
of
fame.
Maybe
they
have
some
of
the
same
issues.
I
don't
know,
but
this
is
this
this
this.
This
needs
to
have
some
teeth
in
it.
For
me
to
get
comfortable
with
it,.
B
All
right:
well,
certainly,
you
know.
As
with
any
agenda
item,
we
have
a
discussion
amongst
the
board.
Do
we
have
other
questions
for
Alex
Alex
I
just
got
a
couple,
quick
ones
here
appreciate
your
Clarity,
your
candor
on
your
presentation.
You
know,
I
do
have
some
of
the
same
concerns
that
Dave
had
mentioned.
You
know
the
owner
of
the
property
is
also
was
the
owner
of
one
of
the
bars
now
clothes
that
even
has
I
believe
some
State
sanctions
for
the
indecent
exposure
or
the
adult
entertainment
use.
B
Whatever
it
was
called
City
staff
is
recommending.
You
know
additional
conditions
to
allow
the
use
to
continue,
but
that's
the
recommendation
and
even
on
maybe
the
simplest
thing
on
a
used
car
lot.
This
board
doesn't
have
to
always
accept
the
city's
recommendations.
We
may
decide
something
else.
We
have
to
make
our
decision
on
the
facts
within
the
law
that
has
to
be
defensible,
but
we
could
say
not
to
put
words
in
Dave's
mouth
but
hey
sorry,
you
had
a
conditional
use
permit.
B
This
is
way
too
egregious
and
we're
just
going
to
take
this
away
so
help
me
understand
a
question.
You
would
be
to
me
I
kind
of
see
this,
as
you
know,
as
as
all
hands
on
deck
on
the
ship
here
everybody's
going
to
have
to
work
together
at
this
address
as
tenants
and
bar
operators,
because
you're
either
all
going
to
swim
together
or
you
could
sync
together.
So
how
do
you
propose
to
take
these
overall
conditions
and
apply
those
to
all
the
tenants
now
and
in
the
future?.
I
Well,
I
think
I
think
it
starts
with
my
clients
being
connected
with
the
city
and
all
the
Investment
Partners,
and
that's
really
what
has
happened
throughout
this
process,
not
to
beat
a
dead
horse,
but
the
incident
with
the
indecent
exposure
was
sort
of
the
alarm
Bell
that
that
my
folks
needed
to
have
ring
in
order
to
to
let
them
know
how
serious
things
were
here
and
from
that
moment
forward.
They've
taken
action
in
meeting
with
you
know
everyone
they
could
meet
with.
You
know
the
partnership,
all
the
representatives,
the
the
police.
I
Ultimately
it's
going
to
be
up
to
them.
They
they
have
to
take
charge
as
business
owners
make
good
relationships
with
their
tenants,
many
of
whom
will
be
new
tenants
and
the
city
is
well
aware
of
the
vision
that
my
clients
have
for
this
for
this
District,
but
they're
going
to
have
to
make
good
leases
and
good
agreements
with
these
people
and
they're
going
to
have
to
supervise
them
and
I
I'm,
confident
that
they
will
they're
they're
experienced
in
what
they
do
like
I
said
they
bought
this
a
year
ago.
I
B
No
I'm
I'm
very
pleased
that,
because
you're
right
yeah
either
you
know
enough
is
enough
to
straw
the
breaks
camels
back
whatever
that
incident
kind
of
okay.
This
is
yeah
it's
time
to
have
a
come
to
the
principal's
office
meeting
here.
This
isn't
the
first
time
we've
had.
You
know
a
reconsideration
of
a
conditional
use
for
a
Tavern
we've
had
cases
where
we've
taken
these
away
completely.
We've
had
other
cases
where
we
said
yeah.
B
We
need
to
renegotiate
the
terms
just
like
this,
but
what
I've
said
before-
and
maybe
some
have
heard
this
and
remember
it-
you
know
if
you
get
a
second
chance
today,
that's
all
you're
going
to
get.
If,
if
we
would
look
at
allowing
the
conditional
use
to
continue
here,
these
conditions
sure
better
be
changing
that,
because
you
know
I've
been
on
this
board
a
fair
length
of
time.
B
I
might
not
be
here
next
year,
but
if
I'm
here
and
this
comes
back
again-
that's
not
going
to
work
well
for
me,
you
know
because
there's
kind
of
a
point
where
we
are
all
adults,
and
so
we've
we've
got
to
kind
of
kind
of
live
up
to
our
statements.
Reputation.
That's
not
what
we
say
it's
what
we
do.
You
know,
but
I
appreciate
again
your
candor
Clarity
on
that.
So
anybody
else
for
the
moment
have
any
questions
for
the
applicant.
B
Okay,
all
right!
Thank
you
or
the
additional
use
holder,
all
right,
thanks,
Alex,
okay.
So
the
way
this
part
of
the
hearing
works
now
just
to
explain
it
again
to
the
audience,
since
this
is,
can
a
reconsideration
of
the
conditional
use
that
the
city
brought
forward?
Is
there
anybody
that
wants
to
speak
and
support
of
the
city's
reconsideration
and
their
proposal
to
allow
this
to
continue
with
these
additional
conditions?
L
My
name
is
Larry
Simpson
I
live
at
5095,
Copper
Creek,
Drive,
Pleasant,
Hill,
Iowa
I
respect
the
gentleman
that
just
represented
the
building
downtown,
but
a
whole
bunch
of
that
is
not
true.
First
of
all,
the
court
Center
LLC
is
not
a
new
Corporation.
It
wasn't
taken
over
a
year
ago,
two
years
ago
or
whatever
I
have
been
fed.
That
BS
also
there
has
been
some
shift
in
ownership
in
the
corporation.
L
It
is
also
BS
that
they
have
tried
to
work
much
with
the
people
in
the
building
I
own
the
district
on
the
main
floor
and
to
say
the
least,
this
is
a
hell
hole
of
a
building.
Okay,
it's
unsafe,
the
stuff
that
goes
on
there.
The
type
of
businesses
that's
been
allowed
to
be
in
there
the
owners
of
Beer
Can
Alley,
myself
exchange
chummies.
We
have
all
met
several
times,
trying
to
get
them
to
we've
met
many
times
without
them.
L
Running
a
bar
I've
been
on
Court
Avenue
for
32
years
now.
Okay,
bar
owners
do
need
to
take
a
little
responsibility
for
their
operations.
Okay,
this-
it
isn't
our
fault,
it
just
doesn't
cut
it,
but
the
music
you
play
the
DJs.
You
have
the
type
of
atmosphere
you
set
up,
definitely
decides
what
type
of
clientele
you're
going
to
have.
I
did
write
something
up
that
before
I
wanted
to
get
to
them
points
that
I
would
just
kind
of
like
to
read.
L
Good
bar
owners
want
to
work
with
the
city
and
the
police,
and
we
do
not
want
to
be
punished
for
what
other
bars
do.
However,
as
much
as
the
city
wants
bars
to
do
a
good
job
and
follow
enforce
laws,
we
need
the
city
to
do
the
same
thing.
We
are
living
in
some
crazy
times
and
just
as
it's
hard
for
the
city
to
keep
up
enforcing
laws
as
bar
owners
equally
are
dealing
with
the
same
thing.
L
The
city
needs
to
start
letting
our
police
do
their
job
and
we
have
a
lot
of
Cowboys
or
troublemakers
on
Court,
Avenue,
okay
and
they
need
to
be
dealt
with.
Like
I
said,
I've
been
there
for
32
years,
even
as
little
as
five
years
ago,
there
would
have
been
a
Paddy
Wagon
that
would
have
been
arrest
made.
They've
got
simple
tools
that
hand
public,
intox,
disorderly
I,
think
definitely
should
be
using
enforcing
interference.
Official
acts.
If
you
would
see
the
way
our
policemen
are
treated
on
Court
Avenue,
it
is
unbelievable.
L
I've
seen
him
get
behind
cars,
try
to
get
away
from
situations
one
day,
I,
just
the
five
or
six
weeks
ago,
I
could
barely
wash
off
the
windows
on
the
side
of
my
building,
because
the
amount
of
Mace
that
was
there
because
the
police
was
trying
to
make
an
arrest
and
they
got
jumped
by
about
50
people,
and
they
opened
up
a
big
canister
of
Mesa.
It
was
really
really
unbelievable.
L
The
city
equally
needs
to
figure
out
on
this.
Calling
the
police
thing
I
hear
someone
Donovan
tell
him
about
she
just
reading
report.
What
was
there?
Nothing
consume
that
all
the
reports
of
the
things
that's
went
on.
I
would
like
to
point
out
number
one
out
of
District
doing
about
60
000
people
a
year,
just
the
district
in
this
building.
L
L
We
need
to
figure
out
if
the
bar
owners
are
going
to
be
bad
or
be
good
operators
if
they
call
the
police
okay
to
me,
if
I've
got
a
really
bad
situation,
I
want
to
be
able
to
call
the
police
without
it
hurting
me,
I.
Think
in
a
situation,
I
got
five
guys
in
here.
That's
going
to
be
a
trouble
for
a
few
of
us
to
try
to
throw
out
and
I
know
somebody's
going
to
get
hurt
or
injured.
L
I
want
to
be
able
to
call
the
police
without
that
being
held
against
me
and
if
we
can
get
them
all
out
without
injuries,
I
think
that's
a
damn
good
bar
owner.
If
you
ask
me
I'm
here
to
answer
any
questions,
you
might
have
for
me
being
a
30-year
a
32
year
of
Veteran
on
Court
Avenue
I'm,
very
aware
of
all
the
bars
through
the
years
and
what's
going
on
with
the
crazy
times
we
deal
now
with
now.
L
I
would
also
like
to
let
the
city
know
and
the
police
know
that
we're
always
willing
to
work
with
them
in
any
way
we
can
to
make
it
a
safe
fun
place
to
go
downtown
I.
Think
we've
got
a
great
downtown
I
think
it's
just
got
a
little
crazy
in
the
last
year
year
and
a
half
and
I
think
if
you
guys
would
come
up
with
in
the
building,
I
think
In
fairness.
We
all
have
separate
mailing
addresses,
it
might
be
216
Court
Avenue,
but
it's
like
sweet
one,
101
Suite,
102.
L
G
L
Have
serious
problems
with
our
landlord
and
we
have
serious
problems
with
the
conflict
of
interest
that
our
landlord
is
our
competitor,
we're
not
happy
with
the
type
of
clientele
that
our
landlord
cater
to
we're,
not
happy
with
the
stairways
were
jammed
and
unsafe.
You
couldn't
even
get
through
Beer
Can
Alley,
you
can
say
you
sold.
He
got
pushed
out
me
being
on
the
first
floor,
I'm
always
observant
of
what's
going
on
and
going
by
our
doorway,
okay
and
them
little
country,
girls
just
aren't
going
upstairs.
No
more.
L
L
That
has
a
nightlife
in
them.
We
own
I
own.
The
building
that
Outlaws
is
in
the
building
pbrs
in
the
building
pints
is
in
I've
got
a
new
one,
I'm
getting
ready
to
deal
with
on
Court
Avenue,
because
I
equally
almost
run
out
of
this
building.
Like
I
said,
when
I
opened,
it's
a
hell
hole
and
it's
just
I
will
not
have
my
name
on
something
that
I
can't
tell
people
they're
going
to
be
safe
at
my
establishment.
G
L
I
have
his
phone
number
in
my
phone
I
visited
with
him
quite
often,
I've
approached
him
many
times
along
with
a
manager
named
Julie
and
just
nothing
gets
done,
nothing
from
the
dumpster
area
that
the
gates
get
tore
off.
That
looks
terrible,
getting
debris
cleaned
up
around
the
building,
just
just
many
things.
Besides
the
safety
we've
discussed
the
stairways
we've
discussed
the
safety
we've
discussed,
we're
all
willing
to
chip
in
and
try
to
employ
policemen.
Let's
get
some.
Let's
get
some
safety
here.
L
I
just
think
they're
out
of
town
owners
and
I
really
don't
think
In
fairness.
They
have
a
clue
I
to
run
a
bar
is
probably
one
of
the
hardest
businesses
there
is,
and
you
need
to
be
very
active
in
it.
You
need
to
know
what
your
DJ's
playing
you
need
to
know.
What
type
of
music
you're
playing
I
mean
I
play
a
lot
of
I
should
say
a
lot.
A
little
bit
of
country.
I
play
a
lot
of
80s
you'll
hear
Cyndi
Lauper
girls
want
to
have
fun,
you'll
hear
Journey.
Staying
a
lot.
E
L
L
Well,
I
I
think
it's
I
think
it's
really
pretty
simple
number
one.
You
need
an
owner
of
the
building,
that's
going
to
deal
with
tenants
if
it
gets
a
bad
tenant
and
I
I
won't
judge
him
for
misjudging
somebody
coming
in
that
you
think
is
going
to
be
a
good
tenant.
But
if
things
starts
to
get
bad,
it
says,
building
he's
got
a
lease.
He
should
have
at
least
put
together
to
where
he's
got
the
teeth
in
it
to
deal
with
bad
situations
that
come
up.
E
L
I'm
just
telling
it
the
way
it
truthfully
is
I'm
on
that
floor,
I
work
every
weekend
night
I
hardly
ever
take
a
weekend
night
off
to
make
sure
our
staff
is
safe
and
it
takes
that
and
I
think
being
an
absent
owner
makes
that
very,
very
tough.
Well,
thanks
for
everything
you're
doing.
Thank
you.
I
appreciate
your
time.
Larry.
B
L
I
think
it
still
depends
on
the
owners
and
I
still
think
it's
going
to
depend
on
and
I
don't
want
a
knocker
placement
I
don't
want
to
knock
our
city
sure,
but
it
equally,
as
I
just
said,
the
landlord
needs
to
have
them
teeth
and
a
lease.
We
need
that
much
from
our
city
in
our
police
home
when
we
call
them
too
okay.
L
You
know
if
we
see
somebody
that
we
think
maybe
has
a
gun
on
him
or
somebody
says
something,
and
we
want
to
make
that
phone
call
to
come
in
and
get
this
person
out
without
going
and
yelling
at
him
and
then
he's
pulling
it
out
and
shooting
it
around
in
the
building.
The
cameras
isn't
going
to
really
take
care
of
anything
cameras
really
kind
of
captures
the
infraction.
So
we
can
watch
them
figure
out
where
you
want
to
go
after.
It's
really
not
preventative
I
think
the
only
way
it's
preventative
and
I
suggested
this.
L
They
kind
of
did
it,
but
not
the
way.
I
suggested
I.
Think
if
you
had
major
huge
screens
yeah
in
each
of
the
landings
okay
to
where
the
people
coming
in,
can
see
that
they're
being
recorded
okay,
then
it
might
slow
down
a
little
bit,
but
a
lot
of
it's
just
getting
a
little
bit
of
enforcement
in
the
stairs
and
I.
Don't
know
if
I'm
going
to
stay
or
not
stay,
it
depends
probably
on
how
good
we
can
make
it
going
forward.
Yeah.
B
Well,
Larry,
you,
you
aren't
the
one
here
who
you
know
holds
the
conditional
use,
but
I,
always
kind
of
say
that
you
can
tell
a
lot
about
somebody
by
the
friends
they
keep.
So
you
know
you
continue
a
lease
here,
like
I
said
or
earlier,
you'll
have
to
figure
out
how
you're
all
going
to
get
along
if
you
all
want
to
swim
together,
otherwise,
you're
all
going
to
probably
sink
here.
I.
L
B
All
right
appreciate
you
coming
down
today.
Thank
you,
sir.
All
right
anybody
else.
That
wishes
to
speak
in
support
of
the
city's
position
for
the
reconsideration
of
this
conditional
use.
Anybody
supporting
the
city,
okay,
seeing
none
is
there!
Anybody
who
wishes
to
speak
in
opposition
to
us,
reconsidering
this
conditional
use
in
the
situation?
B
Okay,
I,
don't
see
any
going
on
it's
going
twice.
Anybody
just
in
neutrality
has
to
be
related
to
the
issue.
It's
not
an
open
mic
night,
but
anybody
just
you
know
any
general
concerns
about
the
issue
not
for
or
against,
but
okay,
seeing
none
remind
me
staff.
What
are
what
what's
our
next
step
here
for
closing
comments
or
rebuttal,
then.
B
I
Thank
you
and
I'll
try
and
be
brief,
and
thank
you
Mr
Smithson,
for
sharing
your
information.
My
clients
have
dealt
with
bad
tenants
elsewhere,
and
here
that's
already
happened
to
some
extent.
The
court
Center
individuals
have
some
of
the
most
successful
bars
in
the
state
by
any
stretch
the
two
principles:
Jeff
Hassman
and
Aaron
Sherman.
They
don't
have
32
years
of
experience
each,
but
together
they
have
about
that
much.
You
know.
Mr
Smithson
probably
has
more
experience
as
a
bar
owner
than
anybody
in
Des
Moines.
I
These
guys
are
not
here
but
they're
they're
moving
here.
Their
business
is
here
now
they
will
be
here.
They
also
purchased
shags.
They
didn't
start
shags
here
and
create
the
bad
issues.
So
I
I
want
to
make
that
clear.
They
sort
of
inherited
that
mess
like
they
inherited
some
of
these
other
messes
and
they're,
trying
to
clean
them
all
up.
I
All
of
these
tenants
have
rights
and
they
all
have
obligations.
My
clients
is
building
owners
have
rights
and
obligations.
There
have
been
attempts
in
the
past
to
work
cooperatively
to
to
address
the
issues
on
the
stairs
to
address
security,
a
number
of
issues.
Those
attempts
have
been
made
they've
some
things
have
been
successful.
Some
have
not.
I
We
think.
Ultimately,
this
is
going
to
come
down
to
having
good
tenants
and
partnering
with
the
city
and
I
agree
with
Mr
Smithson
that
we
we
need
to
be
able
to
rely
upon
the
police
to
some
extent
as
well,
you're
going
to
have
a
fight
every
once
in
a
while
in
a
bar.
It's
just
human
nature.
We
want
to
make
those
events
very
few
and
far
between,
so
that
we're
not
ever
before
you
again
with
a
list
of
50
things
that
could
have
originated
in
one
of
our
tenant
spaces.
I
So,
like
I,
said
at
the
end
of
the
day,
it
depends
on
good
tenants.
We
think
that
we
have
forged
a
good
relationship
with
the
city
with
the
police,
with
all
the
invested
Partners
here,
that
the
recommendation
that
you
have
before
you
is
a
good
path
forward
for
everyone
involved
and
I
would
hope
that
you
would
consider
that
when
you're
making
your
decision
today.
Thank
you.
Okay,.
M
B
Was
kind
of
referenced
in
related
to
your
closing
remarks,
staff
condition.
Number
nine
would
require
that
you
have
functioning
cameras
installed,
operated
if
we
stated
that
you
needed
to
have
some
kind
of
visually
obvious
signage
within
the
building,
noting
that
cameras
are
present
like
in
the
entry
vestibule,
not
trying
to
tell
you
exactly
where
how
big
we
have
signage
ordinances
for
the
exterior.
B
But
if
we
have
that
as
a
general
condition,
would
you
be
willing
to
work
with
City
staff
to
implement
something
so
that
yeah,
because
there's
there's
secret
cameras
like
like
everywhere,
there's
probably
one
around
here,
I,
don't
know
besides
the
big
one,
but
a
lot
of
times.
Yeah,
that's
not
drawn
to
your
attention.
B
Something
like
yeah,
yeah
I.
Don't
think
that
would
be
a
problem,
though
all
right
yeah,
just
maybe
like
like
legible
enough
in
the
building,
not
tiny
print
by
the
cash
register
right
or
the
ID
check,
but
yeah
yeah,
pretty
obvious.
If
I
step
in
the
door,
I'm
gonna
know,
there's
a
camera
on
yep
yeah
without
having
to
look
around
in
the
corners
for
one
and
I
realize,
like
you
know,
Mr
Smithson,
said
sometimes
cameras
document.
So
we
can
look
after
the
fact.
But
if
I
know
there's
a
camera
on
me
that
sometimes
can
change
things.
B
I
B
B
G
G
Experienced
and
successful
business
operators
in
that
whole
area
and
if
I
was
going
to
BET
right
now,
I'd
say
he's
not
going
to
renew
his
lease
because
he
doesn't
want
to
be
a
part
of
that
so
that
to
me
that's
extremely
telling.
Secondly,
they're
not
capable
of
assessing
a
business
and
determining
who
is
and
isn't
going
to
have
their
best
interest
in
mind
when
they're.
G
F
Right
Justin,
you
want
to
add
something:
no
I
mean
I
I,
agree
with
a
lot
of
what
Dave
said
and
I've,
taken
it
to
heart
and
and
I
think.
If
we
give
them
the
benefit,
the
doubt
and
just
say
yeah,
a
lot
of
this
was
inherited.
I'd,
say:
okay,
then
prove
it
come
back
in
a
year
and
we
look
at
the
same
reports.
We
and
we
compare
from
you-
know,
exhibit
12
into
the
next
year
and
and
and
they'll
be
pre-telling
right,
I
mean.
Is
it
the
same
stuff?
Then?
F
B
So
the
perspective
Justin
just
for
clarity
in
essence,
you'd
be
saying:
yeah
we'd
recommend
a
conditional
use
for
the
site
with
certain
conditions
with
that
use,
expiring
on
X
date,
exactly
and
then
under
the
city
ordinance.
They
can
come
slightly
before
that
expiration
date
and
ask
to
have
it
renewed,
yeah,
right,
right,
yeah,
okay,.
B
B
You
know
just
like
telling
my
landlord
you
either
fix
the
Leaky
pipes
or
I'm
a
moving
out
dude
and
that's
all
there
is
to
it.
That's
the
pressure
versus
well,
my
apartment's,
fine
I,
don't
care
if
yours
falls
apart
now,
because
you
know
you
can
just
sink
on
your
own.
When
we
did
approve
this,
it
was
for
the
property
it
was
for
the
building.
There
wasn't
a
limitation
then
now
maybe
in
the
future,
it
would
be.
If
we
had.
You
know
the
Ruan
Center
comes
up
for
hey.
H
I
was
just
going
to
comment
that
I
think
you
know
if
even
looking
at
subdividing
the
space
for
purposes
of
conditional
use
permit
it's
not
subdivided
for
purposes
of
like
land
ownership.
There
is
still
only
the
one
owner
and
under
the
zoning
ordinance
it.
It
means.
So,
even
if
you
issued
separate
conditional
use
permits,
they
would
all
be
issued
to
the
same
owner
that
you're
dealing
with
now
I
just
wanted
to
bring
them.
H
G
G
Yes,
we
were
willing
or
not
willing
to
grant
that
because
within
I'll
just
use
buildings
downtown,
there's
convenience
stores
that
have
beer
and
wine
permits
that
are
here
to
seek
the
permit.
Not
the
building
owner
right,
yeah
well
go
to
the
Fleming
building,
there's
a
convenience
store
on
the
first
floor.
He
was
here
to
get
his
own
permit.
H
H
G
It
but
okay,
so
I'm
fine
with
the
consent.
I'm
saying
this
owner
is
not
capable
of
judging
correctly,
who
should
and
shouldn't
get
that
permit,
because
they've
already
exhibited
that.
Well,
they
inherited
these
people
or
not
if
I
own,
that
place
and
I
want.
I
want
to
have
a
good
reputation.
I'm
going
to
be
there
like
Larry
said
it's
work,
yeah
I
think
one
of
the
things
we
should
put
on
this
condition
use
permit
is
Larry,
manages
the
building.
B
So
Gary
I
don't
want
to
digress
too
far
into
this
unless
it's
necessary,
but
you
know
if,
if
we
decided
to
follow
staff
recommendation
here
with
the
cemented
conditional
use
with
these
conditions,
if
they
wanted
to
expand,
you
know
have
a
quote
additional
bar
or
an
expand,
an
existing
bar
in
the
building
in
the
future.
Now,
with
this
conditional
use,
then
they
could
do
that
without
coming
back
to
us.
B
That
record
is
that
person
has
to
approve
anybody
that
wants
to
come
forward.
Ask
for
anything
on
their
property.
That
would
need
a
conditional
use
variance
exception,
whatever
we
kind
of
take
that
for
granted,
because
staff
deals
with
that
in
the
application.
So
we
don't
really
ever
see
that,
but
when
somebody's
in
front
saying
Hey
I
want
to
open
up
I,
don't
know
a
junkyard
on
you
know:
Mel's
property
Mel's
already
signed
off
that
as
the
owner
he's
okay
with
it,
and
then
it
comes
to
us.
B
So
again,
if
there's
a
direction
somebody
wants
to
go
with
emotion,
we
could
explore
a
number
of
things
now.
The
staff
recommendation
is
to
allow
the
conditional
use
here
with
these
conditions
to
me
that
would
apply
to
the
whole
property.
It
applies
to
everybody
at
it.
All
operations
would
have
to
meet
all
these
conditions.
If
there's
you
know,
if
somebody
wants
to
make
a
motion
for
that
they
can.
Somebody
wants
to
make
a
motion
and
say
no
I
want
to
do
something
else.
We
can
do
that
too.
B
B
B
Why
don't
I
try
to
see
what
I
can
float
here
since
I'm
using
a
lot
of
water?
Analogies
I've
appreciated
all
the
testimony
today,
I,
you
know
as
much
as
possible.
I
think
that
you
know
Mr
Johnson
presented
things
again,
I
would
say,
as
you
know,
as
with
Clarity
and
Candor
as
possible
in
representing
his
client
I,
do
think
this
is
they're
in
the
principal's
office
right
now.
This
is
no
secret.
B
This
has
been
an
issue
so
we're
here
to
hear
this
thing
out,
but
you
know
I
do
not
want
this
brought
back
to
us
anytime
soon.
I,
don't
want
to
hear
that
we
have
another
attempted
murder
or
a
murder
or
anything
and
I
know.
We
can't
associate
certain
crimes
to
certain
bars,
but
when
there's
a
preponderance
of
things
going
on,
there's
there's
a
cause
and
effect
or
there's
usually
a
connection
or
the
simplest
answer
is
best.
B
B
So
I'll
just
lead
off
with
a
motion
to
accept
staff
recommendation
for
conditional
use
at
this
location,
as
presented
by
staff,
with
the
following
amended
conditions
and
I'd
like
to
add
for
number
nine
that
there
shall
be
signage
within
the
building.
Clearly
noting
to
customers
that
the
site
is
under
video
surveillance.
B
G
B
G
G
G
G
No
I'm
just
telling
you
because
I
might
no,
they
go
down
there
and
they
can't
get
Uber
rides
home,
so
I
go
get
them
yeah,
so
I
know
nothing
good
happens
after
11,
because
there's
not
anybody
out
driving
them
home
and
they're
smart
enough.
Not
to
do
that.
But
anyway,
if
I'm
going
to
get
behind
this
thing,
I'm
going
to
see
this
thing
close
at
11
o'clock
and
let's
get
this
and
then
I'll
tell
you
what
in
a
year
if
they
want
to
come
back
and
they
want
to
say,
hey
guys,
look
what
we've
done!
G
Here's
we
heard
yeah,
then
great.
Let
me,
let's
find
out
how
serious
the
Arab
I
wanted
to
clean
this
up
because
put
a
camera
and
a
in
a
sign
up
in
all
due
respect.
No,
that's
fine!
That
doesn't
mean
anything.
There's!
There's
cameras
in
schools,
there's
cameras
in
Walmarts,
there's
cameras
at
on
the
street
that
doesn't
stop
people,
not
my
estimation.
G
B
G
B
On
this
I
hate,
that's
that's
why
we
are
all
here
to
share
our
approaches
anyway.
I
might
just
say
in
Gary
I'm
curious-
and
you
know
this:
isn't
this
no
disrespect
to
Dave,
but
a
friendly
amendment
that
would
reduce
it
to
11
probably
would
go
further
than
what
my
intent
was
here
to
follow
that
if
I
want
to
say
well
based
on
that
I
don't
want
to
make.
My
motion
then,
can
I
withdraw
my
original
motion
and
maybe
Dave
could
start
with
one
yeah.
Your.
B
H
B
Right
so
Dave
I
might
Trump
you
for
the
moment
unless
you're
gonna
make
that
as
a
second
to
my
emotion
with
that
Amendment,
if
you
are,
you
can
but
I
would
likely
say
that
I'm
going
to
withdraw
my
motion,
then
I
I
think
closing
a
place
that
is
our
Entertainment
District
at
11.
Even
if
there
have
been
bad
players,
2
A.M
yeah,
that's
pretty
late,
I
actually
didn't
know
it
was
that
late,
but
maybe
at
1am
or
something
let's
start
clearing
them
out
of
there.
I
I
might
be
agreeable
to
that.
F
Well,
in
terms
of
discussion
on
that
Amendment,
you
know:
I
I,
I
think
Dave
you're
in
you're,
going
in
the
right
direction
here
and
I
I
could
get
behind
shutting
down
earlier.
I.
Don't
11
for
me
is
too
early,
but
I
think
I
could
do
midnight
and
I
don't
know
if
that's
something
that
you
get
behind
as
well,
but
I
think
I.
G
G
G
B
G
B
F
F
Eyes
and
say:
yeah:
we
are
making
progress
here.
It
is
guys
you
know,
we've
done
that
to
the
principal's
office
and
saying
look
yeah
I'm
doing
better,
come
back
and
check
it,
yeah
so
yeah,
so
that
that
would
be
something
I
could
get
behind
it's
the
one
year,
the
midnight
and
all
the
rest
of
the
conditions
here.
E
B
B
Okay,
so
I'm
making
a
motion
for
staff
recommendation
for
conditional
use
for
this
location,
but
have
that
conditional
use
amended
as
follow,
including
the
nine
10
11
items.
That
staff
has,
with
an
amendment
to
item
nine,
that
they
will
provide
prominent
noticeable
observable
signage
within
the
building.
Noting
it's
under
video
surveillance,
and
there
was
a
friendly
amendment
in
second
by
Justin,
to
also
include
that
they
would
stop
selling
out
be
required
to
stop
selling
alcohol
at
midnight
and
that
this
conditional
use
shall
expire
one
year
from
date
of
insurance.
G
Can
I
make
one
more
comment
under
11,
Sue,
Ann
Scott,
and
that
the
operation
system
becomes
a
nuisance
or
exhibits
a
pattern
of
violating
conditions?
I
think
I
just
want
you
to
know
soon.
If
any
of
these
pieces
play
people
in
this
business
in
this
building
create
a
nuisance
for
you
bring
it
back,
yep
any
of
them
and
I
hope
these
owners
take
this
seriously,
because
these
guys
could
be
on
an
empty
building.
If
it
was
up
to
me,
they
wouldn't
be
operating
the
way
they
are
okay,.
B
And
that's
and
that's
a
second
all
right
all
right
motion
by
pins
second,
by
Mr
gross.
Okay,
all
those
in
favor
have
the
motion
as
presented,
raise
your
right
hand
and
say
I,
one,
two,
three
four:
five,
all
those
not
in
favor,
just
one
so
1am
for
me,
but
all
right.
So
the
motion
carries
five
to
one,
so
the
operations
can
continue
in
the
building
under
the
conditional
use
provided
with
the
conditions
that
we've
placed
so
yeah.
We
don't
want
to
see
him
back
in
the
principal's
office
until
a
year.
A
A
B
All
right,
hey
Swan,
can
I
borrow
your
attention
for
60
Seconds,
all
right,
Swan
may
or
may
not
like
this,
but
it's
warranted
and
it's
necessary
before
we
move
on
to
item
three
I
want
to
recognize.
Suanne
Donovan
from
the
city
of
Des,
Moines
suanne
is
going
to
be
retiring
from
the
city
here
in
mid-January
after
a
30-year
career,
she's
done
all
kinds
of
fun
and
interesting
things
for
the
city,
but
over
gosh
the
last
10
15
years
she
had
been
the
zoning
enforcement
officer.
B
Last
few
years,
she'd
been
promoted
to
the
deputy
director
of
Neighborhood
Services,
but
with
over
30
years
I'm
sure
I
can
speak
for
everyone,
but
I
will
just
speak
myself
on
this
Sue
Anne.
Personally
professionally,
it's
been
a
privilege
to
have
a
chance
to
interact
and
work
with
you,
both
from
a
neighborhood
perspective
and
a
member
of
this
board
you'll
not
only
be
missed,
it's
hard
to
replace
somebody
with
their
experience,
talent
and
unique
sense
of
humor.
B
B
And
they'll
probably
name
some
kind
of
zoning
building
after
her
someday,
but
that's
up
to
the
council
and
the
managers.
So
so
thanks
again
Sue
Anne
great
to
work
with
you.
Thank
you
all
right,
so
we'll
go
ahead
and
keep
moving
here
today.
I
believe
our
next
item
up
for
bid
is
item.
Three,
a
zoning
exception
request
at
2221,
Stanton
Avenue.
That.
N
N
Applicant
is
requesting
a
new
sign
for
the
apartment
complex
and
the
one
aspect
that
brings
it
before
us
today
is
that
they
are
looking
for
a
sign
that
is
internally
illuminated
which,
by
city
code,
is
not
allowed
in
End
Zone
districts,
so
the
site
photos
I
have
start
on
the
East
entrance
into
the
complex
at
and
on
the
west
entrance.
So,
just
to
give
you
a
bit
of
context,
it's
hard
to
see
from
the
driveway
in
this
current
condition.
I
can
zoom
in
if
anyone's
interested,
but
generally
it's
located
there.
N
N
This
is
what
they
are
proposing.
I'll,
let
the
appellant
provide
any
clarification
required,
but
I
believe
what
you
see
in
white
is
generally
what
will
be
the
areas
that
would
be
illuminated
from
within
the
sign
just
a
little
more
dimensional
and
detailed
information
again,
our
code
does
specifically
state
that
in
end
zone,
signs
may
be
illuminated
only
by
indirect
illumination
and
that's
why
we
see
it
before
us
today.
C
B
B
N
N
B
B
Because,
usually
you
get
all
this
figured
out
first,
if
you
need
variances
or
exceptions,
and
then
you
get
your
sign
permit,
but
it
looks
like
we
have
a
sign
kind
of
under
construction,
but
we
will
cover
that
if
you're
not
aware,
that's
okay,
we'll
ask
the
application.
I,
don't
know
if
Eric
yeah,
that's:
okay,
okay,
yeah,
exactly!
Okay!
All
right!
What
did
your
radius
map
show
or
oh.
O
N
O
B
Right,
okay,
anything
else,
any
questions,
okay,
good
enough!
Thank
you!
Okay.
So
this
is
kind
of
what
we
call
the
normal
flow
of
how
the
hearing
works,
the
applicant,
the
person
who
would
like
to
place
the
sign
or
their
the
property
owner
or
their
signed
company,
whoever
that
may
be
representing
the
owner
they've
got
up
to
10
minutes
to
present
their
reasoning
for
this
request,
for
the
exception,
for
the
internally
illuminated
sign
is
somebody
here
representing
the
property
or
the
appellant.
B
B
B
B
B
All
right
all
right
motion
by
marvelous
for
staff
recommendation
for
denial
of
the
requested
exception.
Anybody
want
to
second
that
second
bye
Ronda,
all
those
in
favor
raise
your
right
hand.
Okay,
all
right
so
motion
carries
six
to
zero
for
denial
of
the
sign.
Exception
requests
all
right
that
takes
care
of
that.
One
item
four
had
been
covered
already
on
the
motion:
they're
moving
to
consent,
that'll
bring
us
to
item
five.
A
zoning
exception
request
at
101,
63rd
Street
Catherine
will
help
us
with
that.
One.
N
The
board
Catherine
drahas,
this
item-
you,
some
of
you
might
recall,
did
come
before
for
conditional
use
last
year.
The
construction
is
wrapping
up,
and
now
they
are
looking
to
get
some
signs
in
place.
There's
quite
a
long
list,
I'm
going
to
try-
and
maybe
summarize,
but
if
there's
specific
questions
about
signs,
we
can
come
back
and
look
at
the
finer
details.
N
They
are
looking
to
install
10
wall
signs
on
their
building,
of
which
eight
would
be
over
the
two
maximum
allowed
on
the
west
facade,
which
is
the
street
facing
facade,
and
then
the
overall
amount
of
signage
that
they
are
looking
to
install
would
be
408.82
square
feet
over
their
maximum
or
an
age
of
130
square
feet
on
the
west.
Frontage
Wall
Street
facing
wall
and
in
addition,
368.42
square
feet
would
be.
N
Is
what
they're
looking
for
to
install
over
the
maximum
65
square
feet
of
signage
that
they
are
allowed
to
install
on
the
south
non-street
facing
wall?
And
this
is
earned
because
of
an
allowance
within
the
city
code
which
allows
50
of
the
sign
area
earned
on
the
west
wall
of
the
building
to
be
instead
installed
on
the
non-street
facing
wall?
In
this
case
the
South
Wall.
N
So
this
property
again
may
look
a
little
bit
familiar.
It's
located,
essentially
at
the
intersection
of
Vine
Street
in
West
Des
Moines,
with
60
Southwest
63rd
Street
in
Des
Moines,
current
state
of
construction
on
the
project.
This
is
for
a
self-service
storage
renderings
which
show
signs
and
placement.
So
they
are
allowed
to
put
signs
on
this
West
facade.
They
have
up
to
130
square
feet
and
then
they
have.
They
can
use
65
up
to
65
square
feet
on
this
long
south
facing
wall
and
I'm
going
to
zoom
in
on
this
elevation.
P
N
Will
yeah
I'll
try
to
explain
it
yeah
in
that
case?
Yes,
so
we
aren't
counting
directional
signage,
but
they
don't
actually
have
when
you
I
can
zoom
in
a
little
bit
closer.
Some
of
that
signage
isn't
technically
directional.
What
we
are
not
counting
is
the
clearance
signage.
So
but
then
they
have
this
drive
in
storage
labeling
above
it.
If
it
were
directional
signage
as
determined
by
our
zoning
enforcement
officer,
it
would
be
allowed.
But
in
this
case
it
has
not
been
determined
to
be
directional
signage.
G
N
B
B
N
E
B
Q
Q
And
so
that
we
ask
that
we
can
get
as
close
to
that,
because
this
building
is
very
large,
as
you
can
see,
and
we're
we're
afraid
that
a
hundred
and
Thirty
square
feet
of
signage
is
going
to
get
lost
on
this
big
building.
And
it
sits
close
enough
to
the
street
that
we
need
to
have
people
be
able
to
see
our
signage.
B
G
B
G
G
Because
when
they
come
in
on
the
one
side,
where
you've
got
the
doors
with
the
instruction
I'm
going
to
call
them,
directional
signs
informative
it
it's
not
an
advertisement.
It's
basically.
If
you
want
to
unload,
bring
it
here
right:
okay,
because
I
yeah
I'm
familiar
with
it
I
drive
by
it
all
the
time.
It's
it
is
tight
on
that
site,
but
I
see
what
you're
trying
to
do.
Okay,
thanks.
Q
G
Q
Q
B
So
Randy
couple
questions
for
you
and
yeah
I'm,
not
the
smartest
guy
in
the
room,
but
there's
one
driveway
to
get
into
this.
I've
had
a
CDL
for
35
years,
I
can
drive
a
straight
truck
semi
truck
school
bus,
a
charter
bus
I'm
gonna
have
to
pull
into
your
lot.
I'm,
probably
not
gonna
have
to
be
reading
much
on
signage,
except
here's
U-Haul.
B
Here's
my
entrance
when
I'm
on
the
site,
then
I
will
want
to
know
what
the
doc
doors
mean,
but
I
don't
know
that
I
need
to
see
from
the
street
in
very
large
letters.
Oh
I,
unload
back
here,
I'm
going
to
pull
in
and
I'm
going
to
start
looking
for
some
reasonable
signage
you're
allowed
to
you
know
x
amount
of
square
feet,
so
understanding
our
regulations
from
Square
One.
What's
the
reason
you
couldn't
try
to
craft
this
to
work
within
the
regulations.
Q
B
R
B
B
C
B
B
Yeah,
what
what
I'm
always
challenged
with
here
is
not
armchair
quarterbacking,
how
to
design
your
signage,
but
to
just
look
at
within
the
regulations.
The
number
of
signs
or
the
total
square
footage
is
that
reasonable
for
an
exception.
What
I
don't
like
to
do
is
is
cherry
pick
which
sign
I,
like
which
one
I
don't
make
this
one
10
square
feet
smaller.
We
will
be
here
till
six
o'clock
at
night.
G
B
Well,
I'm
not
trying
to
over
negotiate
or
start
doing,
math
and
reverse.
But
if,
if
we
say
Hey
listen,
if
we
would
go
with
staff
recommendation,
you
know
there's
some
exception
levels.
Three
wall
sign
cumulative
square
footage
right.
They
figure
out
how
to
make
their
signage
fit
and
if
it's
truly
directional
signage
or
they
craft
it
better.
So
it's
just
directional,
then
staff
administratively
would
say:
no,
that's
not
in
the
not
in
this
well.
B
G
Mean
how
do
you,
how
do
you
define
directional,
because
I
think
Drive-In
storage
load
unload
is
directional?
That
has
that
it's
a
utility
for
me
to
know
where
to
go.
I
might
agree
with
that,
so
that
and
that
that
was
my
point
when
I
asked
that
so
right
and
I'm
with
you,
I
yeah,
but
I,
don't
want
to
be
here,
feel.
B
B
Q
Q
B
Yeah
you're
you're
as
clear
as
you
can
be.
Thank
you
yeah.
You
bet
thanks
Randy,
okay,
anybody
here
to
speak
in
support
of
the
applicant,
seeing
not
anybody
here
to
speak
in
opposition
to
the
applicant's
request,
anybody
who's
speaking
neutrality,
saying
none.
Okay,
further
questions
for
staff
and
I
think
zoning
enforcement
officer
may
help
us
with
a
couple
questions.
S
S
H
S
Things
in
our
ordinance
that
I
see
sort
of
speak
to
content
like
directional.
There
was
some
leeway
for
for
the
governmental
speech
and
in
interest
of
Public
Safety,
so
your
clearance
bars.
You
know
we're
not
messing
with
that.
We're
not
messing
with
the
little
sheet
on
the
outside.
That
speaks
to
Prohibition
of
certain
hazardous
materials
or
something
like
that.
S
But
everything
you
know
everything
else.
We
don't
look
at
the
content.
It's
a
sign
now
that
said,
I
think
we'd
understood
when
the
ordinance
was
put
together,
that
the
relief
valve
would
be
the
board
and
that
the
board
has
some
ability
to
consider
practicality
and
things
like
that.
So
that
was
that
was
the
mechanism
that,
because
we
couldn't
craft
language
to
get
around,
I
got
you
the
things
you
know
to
to
get
around
the
Gilbert
decisions.
So
instead
we
made
it
easier
to
Grant
sign
relief
through
the
criteria.
S
That's
looked
at
so
the
board,
while
the
board
can't
declare
them
directional
signs,
because
it's
really
not
a
type
of
sign
in
our
code,
they
can
speak
to
them.
I
think
they
can
speak
to
the
practicality
if
they
believe.
That's.
You
know
something
that's
important,
I
guess
and
they
can
speak
to
the
character
or
whether
it
impacts
the
character.
I
think
is
as
well.
Those
are
all
in
your
criteria,
for
your
reviews.
S
G
S
S
G
S
S
S
S
And
that's
what
you
know
and
we
we
have
the
same
challenge
everywhere
else.
You
know
a
lot
of
businesses
want
to
slap
up
stuff
in
their
windows,
and
so
we
have
a
limitation
on
how
much
can
go
into
windows
and
things
like
that
without
dictating
the
content
right.
So
that's
that's
where
we're
standing.
So
when
you
sort
of
feel
intuitive
I
guess
you
can
sort
of
think
about.
How
do
the
criteria
apply
to
the
situation.
B
B
B
B
G
G
So
I
don't
know
if
we're
counting
square
footage
here
or
a
number
of
signs,
but
and
here
again
I
don't
want
to
get
into
the
design
of
it.
But
right
I
get
what
they're
trying
to
do
and
right
there's
nothing
more
frustrating
when
you
drive
into
a
place
and
you're
trying
to
find
where
to
go
right
right.
G
B
I,
you
know
I
think
it's
a
matter
of
them
being
creative
to
work
within
the
square
footage.
The
number
of
signs
isn't
as
big
of
a
deal
to
me
as
the
square
footage
would
be
to
go
with
it
and
then
they
could
decide
which
signs
are
are
Superfluous.
If
that's
the
right
pronunciation,
I
think
your
storage
place
again
we're
not
here
to
regulate
content
but
I.
You
know
if
I
was
to
throw
somebody
off
my
life
vote,
that'd
be
the
first
one.
F
F
B
The
entrance,
and
maybe
one
above
each
door,
but
they
could
divide
it
out
how
they
want.
But
I'd
say
you
keep
the
cumulative
195
square
feet,
which
still
has
exceptions,
we're
granting
more
than
allowed,
but
up
to
seven
signs
and
they
cut
and
hack
on
their
own
and
figure
out
what
signs
are
going
to
go
where
I
could
foreign.
B
I
I
think
I
I
really
appreciate
how
Randy
put
put
it
that
he
said.
Well,
you
know
he
tries
to
design
or
he
he'd
want
to
probably
follow
the
ordinance,
but
the
the
larger
is
with
the
franchise
or.
However,
it
works
in
their
signage
people.
They
just
design
what
they
want
and
I'm,
probably
over,
simplifying
what
he
said,
but.
B
And
I
think
it's
important
for
people
to
talk
to
their
uppers
and
say:
hey
I
mean
we've
seen
this
with
national
food
chains.
You
know
well,
this
is
our
branding.
Well,
this
is
our
city,
so
you
know
when
Walmart
wanted
to
show
up
in
Pella
they
made
the
building.
Look,
how
Pella
wanted
I
think
we
can
have
signage
how
our
city
wants
and
within
reason,
that's
why
we're
here
can't.
B
B
It
shouldn't
be
that
difficult
to
navigate
with
a
reasonable
allowage
for
signage,
so
my
proposal
would
be
staff
Rec
for
approval
of
type
2
zoning
exceptions,
subject
to
the
following
three
conditions,
including
the
195
square
feet,
but
amending
item
one
to
allow
for
a
total
of
seven
wall
signs.
But
within
that,
that's
what
I'm
going
to
throw
out
anybody
wants
a
second
all
right.
Second,
by
date,
if
there's
any
further
discussion,
seeing
none
all
those
in
favor
raise
your
right
hand
say:
aye
aye.
Those
opposed
all
right,
all
right,
nothing
wrong
with
that.
G
B
B
E
E
J
J
B
P
Thank
you,
chair
members
of
the
board,
sriyoshi
chakraborty
planning
staff
I'm
here
to
give
a
brief
presentation
on
the
conditional
use
approval
request
from
the
appellant
at
the
property
at
2917,
Payne
Road.
The
specific
appeal
is
a
conditional
use,
approval
request
for
a
limited
retail
sale.
You
selling
wine
and
or
beer
for
off-premise
consumption
in
an
RX1
District.
P
So
here's
the
property
in
question.
It's
at
the
intersection
of
Payne
Road
and
30th
Street.
It's
in
a
about
12,
500
square
foot
property.
The
the
building
itself
is
over
2
000
square
foot.
As
you
can
see.
This
is
this
is
predominantly
in
a
low
density
residential
area.
This
intersection
right
here
has
a
few
things
going
on.
There's
the
the
store
right
here
in
question:
the
subject:
property
there's
office
use
across
the
street
on
30th
Street.
There
is
a
multi-family
housing
to
the
north
and
to
the
Northwest.
P
P
As
you
can
see
here,
the
the
beer
and
wine
is
proposed
to
be
stored
here
in
the
cooler
at
the
back
and
according
to
the
information
that
the
appellant
provided,
it's
going
to
be
in
a
cooler.
That's
about
257
square
foot
in
area
and
off
that
about
100.8
square
foot
area
is
going
to
be
dedicated
for
the
beer
and
wine
which
is
roughly
about
39
of
the
cooler
space
right
here.
P
's
some
pictures
just
to
give
you
an
idea
of
the
general
neighborhood.
This
is
looking
East
towards
the
the
subject
property
and
this
is
again
looking
East
further
close
closer
to
the
subject
property.
As
you
can
see,
there's
multi-family
residential
to
the
north
and
Northwest
as
we
zoom
in
a
little
bit,
you
can
see
get
an
idea
how
close
the
multi-family
building
is
to
the
to
the
lot
line
and
the
store
within
the
subject
property.
P
This
is
looking
South
and
here's
Spain
Road
right
here.
There
is
a
low
density
residential
there's,
a
duplex
directly
across
the
street,
and
this
is
looking
further
east
on
Payne
Road
and,
as
you
can
see,
if
you
look
beyond
the
multi-family,
it's
pretty
much
single
family
residential.
As
you
look
further
to
the
east
and
here's
another
picture
showing
generally
the
property,
here's
a
parking
that
is
pretty
much
you
can
say
the
buffer
between
low
density
residential.
This
is
the
parking
space
for
the
multi-family
housing,
that's
directly
north
to
the
subject
property.
P
There
is
a
little
bit
of
a
zoning
history
to
this,
and
this
was
included
in
the
in
the
staff
report
and
I'll.
Just
Briefly
summarize
this
for
you,
so
in
November
of
2014,
the
board
of
adjustment
had
granted
the
previous
property
owner
for
the
subject.
Property
got
conditional
use
for
limited
food,
retail
sales
establishments,
selling
wine
and
beer
in
a
C1
district,
and,
as
you
can
see
here,
there
were
several
conditions
that
that
were
part
of
the
approval,
think
there's
about
17
19
conditions.
P
P
P
B
E
P
B
P
F
B
B
Okay,
all
right
yeah,
so
we
got
comment
cards
covered
any
questions,
no!
Okay,
all
right!
Thank
you
very
much
for
your
presentation,
all
right,
applicant
or
representative
of
the
applicant
okay.
You
got
up
to
10
minutes.
We
just
need
you
to
start
with
your
name
address
and
tell
us
why
you'd
like
to
have
a
conditional
use
to
sell
alcohol.
My.
O
Name
is
Cottonwood
LLC
2325
is
cluster
Lane
demon,
Iowa
I'm,
the
half
owner
of
the
property
located
at
2917,
East,
Payne,
Avenue
and
the
other
half
is
back
there.
Remember
right
is
my
partner
and
I
own
a
smoke
shop
and
gas
station
inside
of
Des
Moines.
As
per
my
experience
like,
if
we
have
the
beer
in
wine
people,
you
know,
buy
food,
hot
food,
cigarettes
and
stuff
like
that,
and
they
told
me
like
a
lot
of
customers
walk
in
asking
for
beer
and
wine
and
they
don't
have
the
permit.
B
O
B
O
They
share
that
with
you.
Yes,
they
did
and
then,
since
the
owner
was
not
present
at
the
location,
you
know
so
basically
the
employee
was
running
the
business
okay,
so
there
was
potential
like
if
somebody
takes
over
the
new
owner.
You
know
like
we'll
be
working
hard
sure
if
we
take
over
the
new
business
right
and
then
the
owners
are
present
in
the
the
location,
24
7.
I
mean
open
to
close,
so
we
open
at
eight
and
close
at
midnight,
so
owners
are
present
all
the
time.
O
It's
not
the
employee
running
the
business
right
so
anything
happens.
We'll
take
you
know,
accidents
at
as
per
employees,
They
Don't,
Really
Care.
You
know
these
days,
so
we
we
have
made
a
lot
of
changes.
We
have
put
more
stuff,
more
merchandise
in
it.
So
it's
it's
it's
growing
little
by
little,
so
Mike,
oh.
F
O
O
That's
like
embarked
like
they
have
that
against
it,
but
okay
yeah,
but
this
one
is
a
little
different.
It's
a
video
game
and
if
they
win
money
they
can
buy
merchandise
like
right,
beer
and
wine
people
went
up
to
like
for
a
hundred
dollars.
You
know
they
can't
spend
all
that
money
at
once
and
then
they
want
to
be
here.
B
So
while
we
don't
like
to
get
into
finances,
that's
not
most
of
our
expertise
or
a
jurisdiction.
In
essence,
when
you
bought
the
business,
you
kind
of
knew
what
they
were
doing
for
revenue
and
what
you've
said
is
you
you've
increased
how
you
run
the
store
to
be
better
you're,
carrying
more
merchandise?
So,
in
essence,
you
can
make
more
money
with
your
current
sales
plan
than
probably
what
was
there
when
you
bought
it
right.
B
G
B
I
I
certainly
understand
that
yeah.
If
we
offer
more
things
to
more
people,
including
alcohol
sure
I
have
no
doubt
you'd
get
more
sales,
but
I
also
saw
there
was
a
letter
where
there
was
a
lot.
In
that
same
letter,
Justin
noted.
They
said
that
that
even
without
alcohol
sales,
the
parking
lot's
crowded
with
loitering,
they
said,
there's
drug
sales.
We
don't
I,
don't
see
any
police
reports
here,
but
there's
a
lot
of
litter.
It's
noisy
I
would
think
if
people
are
coming
in
to
buy
your
nice
groceries.
B
E
B
All
right
any
other
questions
for
the
applicant.
Did
you
sit
down
with
City
staff
very
closely,
and
just
did
you
ask
before
you
bought
and
bought
into
the
business
what
the
requirements
and
the
and
the
constrictions
were
were?
Were
you
aware,
Point
Blank
that
you
couldn't
sell
alcohol
when
you
bought
in,
and
you
knew
that.
B
O
B
U
Hi
sorry,
my
name
is
Ricky
King
I
actually
am
at
950
65th
Street
in
Windsor
Heights
I'm
here
on
behalf
of
Tom
Cameron,
who
lives
in
the
neighborhood
at
3501,
28th
Street.
He
had
to
leave
to
go
to
another
meeting,
but
he
did
leave
me
notes
to
read
and
I'll
leave
them
for
an
exhibit,
for
you
guys
he's
the
Prospect
Park
neighborhood
association.
U
Vice
president,
he
said
Thor
the
Prospect
Park
store
previously
sold
out
called,
was
majority
I'm
just
going
to
read
it
because
it'll
be
easier,
sure
sure
the
issues
included
late
night,
heavy
traffic,
violence,
trash
speeding,
there's
been
gunfire
and
I
just
heard
that
he
said
they
just
bought
the
story
a
year
ago
or
this
year.
So
this
could
be
the
past
person
who
made
this
promise
but
said
broken
promise
to
sell
mostly
food
and
groceries.
U
Not
alcohol
and
the
neighborhood
association
is
trying
to
hard
it's
trying
hard
to
encourage
growth
of
family-friendly
businesses
in
the
neighborhood
already
have
they
already
have
a
number
of
bars
in
the
Prospect
Park
neighborhood.
This
business
is
in
the
middle
of
the
middle
of
an
otherwise
quiet
neighborhood,
which
is
privately
set
on
the
corner
of
30th
and
Payne,
which
is
actually
a
busy
street.
U
Oh,
the
clientele
currently
appears
to
mostly
appeal
to
a
gaming
audience
that
takes
up
a
lot
at
least
a
fourth
of
the
store
space
and,
as
he
previously
said,
the
gaming
is
the
video
games
which,
on
observation,
those
tickets
can
actually
be
sold
to
other
customers
for
cash.
So
it
is
still
gaming,
even
though
it's
not
technically
considered
gaming
by
the
state
for
illegal
gaming,
the
neighbor.
This
is
moving
the
neighborhood
backwards,
instead
of
forward
for
a
safe
environment
for
our
neighborhood
and
they're.
U
B
B
B
B
B
O
O
B
F
I
put
a
lot
of
stock
in
what
the
neighborhood
neighbors
say,
and
so
it
seems
like
at
least
from
what
we
heard
looking
at
the
cards.
It
seems
like
there
was
two
other
people
here
that
didn't
couldn't
stay
along
with
her
friend,
so
I
mean
it
seems
like
there's
quite
a
bit
of
opposition
here
from
the
neighborhood
I.
Think
that's
worth
noting
for
all
of
us.
While
we
make
our
decision
today.
B
B
You
got
to
come
into
the
principal's
office
for
a
real
heart
to
heart
and
apparently
the
owner
decided
that
wasn't
a
workable
model
anyway,
in
a
way
they
went,
but
for
some
of
us
who,
who
remember
being
here
at
the
time
on
the
board,
alcohol
did
not
go
well
here,
there's
an
apartment
building
directly
to
the
north
40
feet.
There
were
people
like
getting
into
the
vestibule
and
passing
out.
It
was
bad
news
now.
By
the
same
token,
these
guys
have
said:
hey,
you
know,
that's
not
us.
You
know
we're
much
nicer
guys.
B
You
know
we
not
only
own
it.
We
worked
there,
but
even
if
I
wanted
to
take
that
into
account.
When
we
look
at
the
geographic
setting
here
of
this
business,
it's
right
in
the
middle
of
a
99
residential
neighborhood
you've
got
a
multi-family
apartment
directly
to
the
north
40
feet
away
from
from
the
back
wall.
You've
got
single-family
residences
to
the
lot
South
to
the
east.
Like
Justin
said
we
listen
to
the
neighbors,
they
send
in
a
bunch
of
comment
cards
just
based
on
setting
alone.
B
To
me
it
would
not
be
conducive
to
allow
alcohol
sales
at
this
kind
of
establishment.
There's
nothing.
I
would
like
better
than
to
be
able
to
have
a
place
in
walking
distance
for
bananas
and
bread
and
milk,
especially
on
a
day
like
this
I
don't
have
to
fight
people
at
a
big
store.
They
can
sell
cigarettes,
they
can
sell
tobacco,
but
they
bought
the
business
understanding.
This
was
not
allowed.
B
Anybody
else
or
a
motion
I
don't
want
to
be
the
mean
guy
today,
but
we
have
further
discussion
but
I'll
make
a
motion
for
denial
of
the
conditional
use
request
on
item
six
at
29
17
pain,
second,
by
marvelous,
all
right,
so
we
got
a
motion
a
second
all.
Those
in
favor
raise
your
right
hand
say.
Aye.
All
right
motion
carries
6-0
staff
I'd,
encourage
you
to
work
with
the
property
owners
so
that
they
can
do
well
with
their
business
model
within
our
regulations
and
I
hope
you
guys
keep
running
a
good
business.
B
A
As
you
can
see,
the
property
is
noted
here
in
the
yellow,
to
the
north
would
be
residential
uses
and
to
the
West
would
be
some
residential
uses
as
well.
With
a
mix
of
commercial
to
the
South,
there
is
I
believe
a
car
wash
up
north
western
of
the
site
just
to
give
some
context
and
then
to
the
east.
There
is
commercial
uses,
and
so
the
property
is
approximately
half
acre
and
it
includes
a
single
house
household
dwelling
unit.
A
A
You
can
see
the
Indianola
is
up
here
in
the
front
they're
proposing
to
store
the
truck
and
trailers
on
the
driveways
used
for
I,
believe
work,
related
and
personal
use,
and
then
the
personal
use
equipment
which
are
the
Bobcats
and
the
excavator
would
be
stored
back
behind
the
building
the
pole,
barn
building.
There
are
a
couple
sheds
as
well
behind
the
house,
and
so
the
debris,
the
the
materials
would
be
cleaned
up.
A
A
And
so
in
2018
the
an
exception
was
granted
to
allow
an
accessory
structure
that
was
larger
than
what
the
code
generally
allowed
at
that
time.
In
March
of
this
year,
the
notice
of
violation
was
issued
to
the
property,
where
there's
noted,
multiple
prohibited
uses
on
the
property,
including
equipment,
material,
storage,
outdoor
and
junk
core
salvage
yard,
which
wouldn't
be
principal
or
accessory
within
an
n3a
District.
A
As
of
any
use
variants,
a
hardship
must
be
determined
to
Grant
a
use
variants
indicating
that
the
property
cannot
yield
a
reasonable
return
for
any
uses
permitted
in
the
zoning
District.
The
plight
of
the
owners
due
to
unique
circumstances
not
of
the
owner's
own
making
and
the
use
of
construction
authorized
by
the
zoning
variants
would
not
alter
the
essential
character
of
the
area.
A
I
would
like
to
mention
the
additional
criteria
associated
with
this
project.
The
the
Appellate
has
proposed
to
store
and
use
commercial
equipment,
including
a
skid
loader
excavator,
in
addition
to
the
two
residential
trucks
and
trailers.
According
to
the
pellet,
these
are
used
for
General,
Home,
Maintenance
and
mental
health
exercises.
A
And
so
staff
has
determined
that
granting
the
use
the
requested
zoning
variance
would
not
be
consistent
with
the
intended
Spirit
purpose
of
the
zoning
ordinance
on
Harmony,
with
the
essential
character
of
the
surrounding
neighborhood.
The
pellet
has
sat,
has
not
satisfied
the
criteria
required
for
granting
the
variance
as
contained
in
city
code,
section
134
6.7.7.a.
The
Appellate
has
not
demonstrated
that
they
face
an
unnecessary
hardship,
as
the
landing
question
can
yield
a
reasonable
return
from
the
uses
permitted
on
the
property.
A
A
E
B
A
B
A
B
All
right,
while
that
comes
there,
we
go
okay
in
dinola,
Hills,
okay
got
it
so
Frank
you
ready
for
some
questions.
Yes,
all
right,
I'm,
just
going
to
lead
off
here
kind
of
familiar
with
the
area,
so
Frank
in
2018
the
Zoning
Board
of
adjustment
granted
some
Authority
for
what
looked
like
a
residential
property
to
build
some
accessory
structures.
B
B
B
Yeah
yeah,
we'll
have
Eric
look
that
up
related
to
where
you're
at
here
you've
got
here
on
October
24th,
the
council
denied
the
request
to
rezone
the
property
to
I2
industrial
district
along
the
way
was
planning
and
zoning
involved
before
that,
as
a
commission
for
the
request
for
rezoning.
Yes,
yes,
and
what
did
pnz
State
and
do
you
know
if
they
approved
or
recommend?
Did
they
recommend
approval
free
rezoning?
They
did
not.
B
I
know:
Council
has
final
Authority,
but
I
think
you
know,
plan
and
Zoning
commission
are
fellow
citizens,
and
that
is
a
board
or
a
commission
process.
But
you've
answered
my
question:
it
went
before
pnz
for
rezoning.
The
commission
said
no,
he
has
the
right
to
go
to
council.
Council
said
no
correct,
correct,
okay
got
you
there
all
right
and
I'll
just
tax
you
a
little
more
here.
B
Even
if
we
wanted
to
Grant
this
I2
request
with
the
way
the
property
is
laid
out.
Would
he
still
not
have
to
then
meet
a
Full
Slate
of
site
plan
requirements
for
screening
and
Frontage
setbacks?
I
see,
you
know,
equipment
that
would
be
stored
in
a
front
yard.
Setback
we've
got
two
driveways,
not
our
paved.
Wouldn't
this
result
in
a
whole
host
of
things.
He'd
have
to
do
even
if
we
wanted
to
Grant
this
variance.
A
B
A
A
B
B
I'd
love
to
have
one
they
would
be
great,
but
if
even
one
percent
of
the
time
they
trucked
that
off
site
and
oh
yeah
as
a
contractor,
yeah
I
I
need
a
skid
steer
good
thing,
I
own
one,
if
it's
used
for
any
kind
of
business
purpose
at
any
type,
then
by
zoning,
no
can't
store
it
on
that
property
because
you've
had
a
business
use.
Even
if
you
have
a
personal
use,
a
majority
of
the
time
it's
like
in
for
a
penny
in
for
a
pound.
Is
that
correct?
B
B
V
I
get
started,
oh
I
noticed
that
we
had
started
the
day
with
another
board
member
present
and
that's
one
less
vote.
That's
that's
possible
to
attain
that
I!
Don't
know
if
that's,
if
that's
something
that
I
could
ask
the
board
to
reschedule
me
for
or
if
or
if
that's
something
we
should
not
even
worry
about,
and
maybe
I
should
take
my
chances
with
this
board.
I
don't
know
I.
B
B
We
can't
always
guarantee
there
will
be
seven
six
or
even
five
of
us
present,
but
if
we
have
five
people
or
less
an
applicant
does
have
the
right
to
ask
this
to
be
continued
to
the
next
regularly
scheduled
hearing
if
they
would
like
right.
But
if
we
get
into
the
next
meeting
in
January
and
oh
somebody
had
to
leave
early
somebody's
sick,
that's
another
case
we
had
today.
I
can't
guarantee
you
that
we'll
have
six
I
can't
guarantee
you
that
we'll
have
seven
but.
D
B
V
V
B
B
V
Well,
my
question-
and
this
is
a
hard
question-
it's
kind
of
front
loaded,
if
you
guys
have
already
heard
their
side
and
then
I
walk
away
for
the
next
month
and
then
to
come
right
back,
am
I
doing
myself
a
disservice
because
you've
heard
one
side
of
it.
But
you
haven't
heard
my
side.
Maybe
I
should
go
today,
but
if
there's
a
situation,
potentially
a
tax
board
member.
B
That's
a
decision
for
you
to
make
just
because
there
are
more
board
members
present
doesn't
necessarily
mean
that
a
majority
swings
one
way
or
the
other
I
I
just
can't
get
into
that
with
you.
Okay,
so
you
know,
there's
factual
information
that
is
already
in
the
city
record
from
the
council,
p,
z,
you've,
probably
listened
and
heard.
We
have
open
eyes
and
ears.
If
you
want
to
proceed,
you
can
I.
V
B
V
Afternoon,
chair
member
board
members
and
chair,
my
name
is
Keegan
Jarvis
I
am
the
owner
and
resident
of
3123
Indianola
Avenue.
This
is
my
home.
This
is
not
a
business
there's
nothing
there
that
is
being
used
for
business,
absolutely
unequivocally
nothing
there.
There
was
a
question
that
was
just
posed.
V
These
things
are
allotted
to
my
house,
and
that
is
where
they
sit.
They
don't
go
back
and
forth
to
my
business.
My
business
is
located
on
22nd
Street
in
an
I2
area.
It's
zoned
for
what
it
does
operates
as
it
does,
and
nothing
goes
from
my
house
to
my
business
or
my
business
to
my
house,
maybe
that
first
one
there
might
be
something
goes
from
my
house
to
my
business,
but
not
the
other
way.
Back.
V
I
am
not
running
a
business
out
of
my
house.
There
is
not
a
shred
of
evidence
that
the
city
has
to
support
that,
because
it's
clearly
not
happening
I
have
great
respect
for,
for
all
of
you
know
the
city,
staff
and
I
think
they're
great
people
I've,
had
you
know
great
interactions
with
them
and
have
really
tried
to
to
meet
what
they're
asking
you
to
do,
and
I
and
I
intend
to
completely
conform
to
what
they're
asking
I
was
informed
that
you
guys
are
kind
of
the
relief
valve.
V
V
I'm
asking
to
be
able
to
store
and
utilize
the
skid
loader
in
the
associated
attachments
for
moving
snow
I
have
two
driveway
approaches,
and
sometimes
those
get
plowed
in
and
the
bottom
layer
of
that
is
a
foot
of
ice
when
those
snow
plows
push
all
that
snow
around.
It
creates
heat
so
that
first
layer
is
slush,
that
slush
becomes
ice
and
now
I
have
a
speed
bump.
It's
almost
impassable
at
the
end
of
my
driveway
asking
to
be
allowed
to
use,
stored
and
utilize
the
miniature
excavator.
V
That's
how
I
get
up
underneath
those
icebergs
at
the
end
of
my
driveway
and
I,
pull
back
and
I'm
able
to
pull
them
out.
I
also
use
the
excavator
for
mindfulness
activities.
I
have
a
little
red
ball
and
I
pick
it
up
and
I'll
set
it
on
top
of
a
palette
or
I
got
this
cone
thing.
I
set
it
on
top
of
it
just
allows
me
to
really
get
out
there.
Take
what
I'm
doing
Channel
my
energy
and
my
focus
into
one
very
hard
task
and
sit
there
until
I.
V
Do
it
and
it's
it's
been
proven
effective
for
the
PTSD
and
the
service
related
issues
that
I've
dealt
with
I
went
over
the
desert
to
fight
for
this
country's
freedom.
I
should
be
able
to
have
it
alone.
In
my
my
own
house,
I'm
asking
to
be
permitted
to
use
any
small
piece
of
equipment
related
attachments
if
I
go
out
and
rent
one
of
thought,
for
example,
I'll
be
repairing
some
fence.
I,
don't
want
the
city
to
come
in.
V
Take
a
picture
of
me
running
a
fence,
post,
auger
and
say:
oh,
that's
a
business
because
it's
clearly
not
I
am
doing
only
what
it
takes
to
you
know,
keep
my
property
and
that's
it.
There's
no
business
use
out
of
this
those
letters
every
one
of
those
told
you
guys,
There's
No,
Business
use
happening
at
this
property
I'm
asking
to
be
able
to
have
up
to
two
of
my
3
500
trucks
and
trailers.
I
have
nine
trailers
and
I
think
it's
eight
trucks.
Now
those
are
all
stored
off-site
at
my
business
location.
V
V
I've
got
a
yellow
box
truck
in
the
backyard
that
wasn't
an
issue
before
it
does
run.
It
does
Drive.
It
was
good
under
the
current
or
under
the
zoning
before,
but
now
it's
it's.
Evidently
it's
an
issue
to
have
it
parked
on
gravel
back
there
I,
don't
know
why,
but
I
think
it's
that
the
narrative
is
pushed
that
I'm
running
a
business
back
there
and
I'm,
not
due
to
two
deaths
in
the
family.
V
I
really
got
screwed
by
my
family
hurt
bad.
Both
my
grandfathers
died
within
a
year
of
each
other
and
I
got
stuck
with
all
their
things
and
every
time
I
go
out
in
that
backyard.
It
just
pains
me
because
I'm
just
I'm
really
pressured
because
I've
got
all
these
things
that
were
their
effects
and
I
need
to
get
rid
of,
and
I
need
to
do
so
in
a
way
that
honors
them
something
like
a
pallet
that
they
didn't
touch
that
they
didn't
work
on.
V
These
are
these.
Are
things
that
pain
me?
They
are.
They
are
the
last
effects
that
my
my
grandfather's
passed
down
and
the
way
that
I
got
screwed
by
my
family
I
hope.
None
of
you
ever
have
to
experience
that
I'm
asking
for
a
year
just
to
get
rid
of
these
effects.
That's
there's
no
business
going
on
there.
This
is
me
relocating
those
effects
and
getting
rid
of
them
and
yes,
I'm
guilty
of
taking
some
pallets
from
my
business.
V
It
spins
and
whatever
from
my
business
and
storing
that
stuff
on
them,
but
it's
not
like
I'm
sitting
there
with
price
tags
on
stuff,
like
I'm,
going
to
sell
this
or
I'm
going
to
sell
that
or
whatever
these
are
not
Auto
Parts.
These
are
tractor
and
equipment
parts
and
the
city
has
been
pressing
all
along
I'm
trying
to
run
a
junkyard.
V
V
V
The
only
thing
they
can
see
from
a
street
is
a
licensed
registered
vehicle
on
a
gravel
driveway,
which
I
should
be
able
to
have
and
I
think
that
it's
a
residential
vehicle
I,
don't
understand
why
it
would
need
to
conform
to
a
commercial,
so
I
did
go
to
to
the
the
process.
To
even
get
to
this
board
requires
you
to
ask
for
zoning.
V
You
can't
just
go
to
this
board
and
say:
hey
board.
I
have
this
or
whatnot
they
make
you
go
through
this
process
and
they
drag
you
through
the
mud
and
they
bring
in
your
neighbors,
and
then
they
give
out
these
comment
cards.
These
people
don't
attend
your
your
neighborhood
meeting.
They
don't
know
what's
going
on,
they
use
the
the
use
that
they're
the
description
proposal,
but
the
city
was.
V
Use
of
property
for
a
junk
and
Salvage
Yard,
business
of
Outdoor,
Equipment
storage
and
recycling,
Salvage
and
junkyard
I
am
not
a
junkyard
I'm.
Not
in
that
business.
I
am
not
a
business
running
out
of
my
house.
My
business
is
over
on
Northeast
22nd
Street.
If
somebody
has
a
question
about
that,
I'm
happy
to
answer
what
I
do
and
how
I
make
my
money
and
it's
better
than
not
doing
half
things-
probably
people,
my
age
you're
doing
nowadays
I'm
just
trying
to
live
my
life
I'm
just
trying
to
enjoy
my
place.
V
The
city
staff
are
mentioning
stuff
stored
in
the
privacy
fenced
in
backyard.
Nothing
in
the
front
of
an
operable
box
truck
in
the
photo
has
no
signage
on
it.
Parts
vehicles
they
mentioned
were
components
of
DIY
projects
and
effects
of
my
late
family
members,
many
of
them
tractor
and
equipment
parts.
E
V
Repeatedly,
even
up
to
present
day,
certainly
I'm
using
my
home
as
a
business.
This
is
categorically
false
in
an
unsupported
claim:
there's
no
signage
or
social
media
posts.
Advertising
use
my
homeless
business,
no
evidence
of
increased
or
unusual
traffic
to
my
home
document.
There's
no
noise,
complaints,
Fire
EMS
responses
or
evidence
industrial
hazards
of
my
home
for
the
three
neighbors
and
closest
proximity,
the
there's
four
letters
there,
one
of
them
moved
out
of
the
property
across
the
street.
From
me,
one
of
them
is
the
current
neighbor
in
that
property
across
the
street.
V
V
V
By
stipulating
I
can't
use
my
property
for
commercial
use,
this
board
can
preserve
the
character
and
the
spirit
of
my
property's
current
zoning.
While
granting
me
the
the
use,
while
granting
my
requests,
the
variance
I'm
asking
for
clearly
will
not
permit
myself
as
the
owner
to
use
to
pursue
any
profitable
use
of
my
property
there's
allowing
the
stipulated
items
for
legitimate
purposes
of
requests
and
granting
me
the
reasonable
time.
I'm
asking
for
to
come
into
compliance
simply
provides
a
recognized
use
of
my
property
that
is
within
the
confines
of
my
home's
zoning.
V
Clearly
granting
this
variance
will
not
be
contrary
to
public
interest.
Allow
me
to
keep
and
keep
the
tools
to
clear
the
snow
of
my
two
driveways
utilize.
My
truck
trailers
for
residential
use
stored
previously
acceptable
small
running
box
truck
and
given
the
time
to
come
into
compliance,
you
have
no
negative
impact
and
it's
plainly
obvious
that,
owing
to
special
conditions,
a
literal
enforcement
of
Regulation
will
result
in
unnecessary
hardship.
V
B
Sorry
I
ran
over
there.
That's
okay
Keegan,
you
you're
patient,
to
wait
today.
We
we
try
to
give
certainly
everybody
there
a
lot
of
time
and
be
reasonable,
but
to
kind
of
keep
things
moving
here
and
also
to
get
some
questions
on
the
table.
Will
you
take
a
few
questions?
Absolutely
you'll
be
happy
to
okay.
Anybody
want
to
start
off
hey.
G
V
G
V
Looks
like
a
lot
of
stuff,
but
it's
all
on
pallets.
So,
for
example,
I
might
have
a
three-point
blade
that
was
here.
I
might
have
a
mower
that
was
here
and
I
might
have.
So
it
takes
up
this
huge
footprint
sure,
but
what
I
need
to
do
is
go
through
it
and
say
this
is
something
I
can
donate
or
reach
out
to
people,
especially
with
the
spring
coming
up,
that's
kind
of
when
people
start
doing
their
4-H
projects
and
getting
those
things
slated.
V
I
can
reach
out
to
these
smaller
schools
and
say
to
the
you
know
the
shop,
teachers
and
stuff
hey.
This
is
something
that
maybe
you
could,
as
a
class
rebuild
or
whatever
so
I
can
donate
those
items
so
that
my
grandfather's
Legacy
can
be
okay,
if
it's
just
a
piece
of
metal,
something
that
they
didn't
touch
or
nothing
then,
but
I
need
the
time
to
go
through
it
without
having
the
snow
on
top
of
it.
In
12
months,.
B
B
V
B
So
there's
a
condition
of
no
business
use
on
the
property
to
get
your
extra
garages
built.
You've
lived
there
for
a
while.
Now
you
talk
about
your
grandfather's
stuff.
Did
your
grandfathers
live
with
you
at
the
address?
No,
so
then,
when
your
grandfather's
passed
away,
which
condolences?
Did
you
bring
the
stuff
onto
your
property
that
they
own
my
property?
Okay,
all
right
and
you
stated
that
you
own
a
business
on
22nd
Street.
Yes,.
V
B
So
you
have
a
scrap
metal
operation
that
you
operate
at
another
location
outside
of
city
of
Des
Moines.
Yes,
do
you
have
any
employees
beside
yourself?
No,
okay,
all
right
so
so
we're
here
today,
you've
got
an
issue
with
the
city's
concerns
about
junk
debris
equipment.
You
have
equipment,
you
have
a
tandem
axle
dump
trailer.
You
got
a
skid
steer
the
things
I
could
do
with
that.
Why
is
it
so
difficult
to
get
that
stuff
loaded
up
and
out
of
there?
B
V
There's
a
lot
there's
a
lot
of
questions
there,
so
allow
me
to
separate
them
if
I
may
sure,
that's
quite
all
right,
the
first
one
is
we,
as
people
bring
home
the
things
that
we
need
at
home
to
do
at
home
jobs,
okay,
I,
the
I
had
purchased
a
new
skid
loader
for
my
business
yeah
that
one
sits
at
my
business.
Okay,
it
is
not
a
tool
that
is
primarily
used
in
my
business,
but
it
sits
there,
so
the
one
that
I
have
stays
at
home
for
only
snow
removal.
V
V
Why
should
I
transport,
that
off
the
property
back
home
and
all
this
just
to
be
inconvenient,
to
have
all
that
diesel
fuel
burned
all
these
things
so
I
understand
and
that
you
know
it
would
be
easy
for
somebody
to
just
from
the
outside
looking
in
say:
no,
he
doesn't
need
this,
but
I
promise.
You
tonight,
when
all
80
feet
of
that
road
bed
no
way
I'm
gonna
wish
I
had
one
I
promise.
There
won't
be
any
City
employee
out
there.
If.
B
V
B
B
V
B
Can
at
well
we're
starting
to
mix
metaphors
here
so
I'm
going
to
drop
down
further.
It
says
that
you
are
in
violation
of
the
code
regarding
inoperable,
unsafe,
unlicensed
Vehicles,
vehicle
parts,
mislaneous
junk
and
debris.
We
have
no
jurisdiction
over
that
at
this
board.
If
you
have
junk
garbage
debris
on
a
property,
you
can't
come
to
this
board
and
say
I
want
to
keep
my
junk
garbage
debris.
Those
are
nuisance
issues
the
sport
has
no
jurisdiction.
B
What
we
have
in
front
of
us
is
a
request
for
you
to
operate
a
junk
and
Salvage
Yard.
If
you
say
you're,
not
operating
a
junction
salvage
yard,
but
you
have
junk
and
Salvage
materials
on
your
property,
then
under
the
nuisance
ordinance
you
need
to
take
care
of
that
and
we
are
not
a
safety
valve
for
that
and
I
I
I
think
I'm
within
the
board's
authority
to
put
that
on
the
table
as
a
discussion.
If
I'm
saying
something
that's
inaccurate,
but
but
what
I
don't
want
anybody
to
do?
V
B
So
all
we
have
to
do
is
look
at
what
our
Authority
is
here.
The
proposals
on
the
table
is
to
allow
use
of
the
property
for
what
would
normally
only
be
allowed
in
an
eye
too,
and
as
far
as
a
safety
valve,
you
can
come
and
ask
the
board
for
consideration.
But
it's
not
like
Mom
told
me,
no
grandpa
told
me.
No
so
I'm
gonna
go
ask
Dad
he'll
say:
yes,
that's
not
how
this
works.
When
did
I
ever
do
that
I'm.
V
B
E
B
Need
and
if
you're
not,
then
we,
then
then
if
we
say
no
we're
not
going
to
approve
a
junk
and
Salvage
Yard
you
can
walk
out
of
here
today
go
yep.
They
didn't
approve
a
junk
and
Salvage
Yard.
They
didn't
approve
rezoning,
great
you're,
fine
with
this
board,
but
if
you
have
any
debris
junk
and
other
things
not
allowed
on
a
a
property
in
the
n3a
district,
you
still
have
to
deal
with
City
staff
on
that
we
can't
help
you
with
that.
That's
what
I'm
trying
to
get
down
to,
because
this
I.
V
B
So
what
well,
what
now
that's
bringing
up
a
different
point?
The
Proposal
is
not
to
continue
it
for
a
length
of
time
or
appeal
to
allow
a
use
for
a
limited
time.
Maybe
the
board
would
consider
that
maybe
we
won't,
but
the
proposal
in
front
is
to
allow
a
zoning
use
that
is
not
allowed
in
the
n3a
district.
So
my
my.
B
Of
that
well,
the
nice
thing
is
you
get
the
final
rebuttal
here
so
we'll
come
back
around
and
listen
to
what
the
audience
thinks
we'll
listen
to
what
the
zoning
enforcement
officer
has
to
say
and
you'll
get
three
minutes
for
closing
before
we
deliberate
okay,
I
appreciate
that
yeah,
so
we'll
come
back
around
I.
Don't
have
any
other
questions
for
Keegan.
Does
anybody
else?
B
B
S
Just
Eric
Lundy
zoning
enforcement
officer,
the
landscape
on
this,
is
whether
he's
taking
a
dime
is
not
determined
whether
he's
conducting
a
business.
Okay
right,
it's
more
about.
What's
the
nature
of
the
impact
of
what's
happening
on
the
property,
and
if
that's
in
it
nature
of
being
commercial
or
industrial,
then
we
classify
it
within
the
way.
Our
code
defines
these
things
junk
and
Salvage
Yard
would
be
one
of
those
outdoor
equipment
and
material
storage
would
be
another
one.
So
certainly
I
think
the
board
could
allow
him
to
modify
his
request
to
outdoor.
S
You
know,
equipment
and
material
storage,
either
way
they're
both
going
to
require
you
know
he
would
have
had
to
exhaust
his
remedy
of
seeking
industrial
zoning
to
begin
with,
you
know
whether
that
would
be
i1
or
I2,
depending
on
how
you
know
how
limited
it
is.
His
initial
violation
was
based
on
you
know,
junk
and
debris
and
outside
storage
of
equipment.
Now
again,
it's
not
our
burden,
as
enforcement
to
show
that
this
is
tied
to
a
business
directly
right.
It's,
whether
or
not
the
preponderance
of
it
is
of
a
nature.
S
That's
not
customary
or
incidental
to
a
one
household
use
yep.
Certainly
we
enforce
on
other,
you
know
properties
throughout
the
city
in
the
same
fashion.
Okay,
we,
you
know
a
box
truck
is
not
a
a
vehicle,
that's
customary
or
incidental
to
the
residential
use
of
your
property,
which
is
the
principal
use.
So
you
know
we
enforce
on
the
box
trucks,
whether
there's
advertising
and
on
it
or
not.
S
You
know
that
and
that
they're
using
it
for
personal
use
or
not
it's
not
a
type
of
vehicle
that
would
be
customary
or
incidental
to
the
residential
use.
So
then
we
enforce
on
that
as
a
as
a
commercial
activity,
whether
it's
actually
a
commercial
Enterprise
or
not,
although
and
and
there
is
some
element
of
his
commercial
Enterprise-
is
registered
with
the
U.S
Department
of
Transportation
and
it's
addressed
here,
he
can
have
his
home
office
out
of
his
home
yep,
that's
not
what's
in
question
here.
It's
what's
getting
stored
outside
I.
S
E
S
S
G
S
G
S
G
E
E
G
S
G
S
G
B
That's
fine,
and
while
you
do
that,
I
I
want
to
ask
clarification
thing:
let's
forget
about
skid,
steers
tandem,
axle,
trailers,
big
trailers,
big
trucks,
box
trucks.
If
somebody
has
junk
debris,
yard
waste
tires
salvaged,
building
materials
Etc
that
would
be
considered
junk
and
debris.
This
board
does
not
have
the
ability
to
override
that
and
say
no
Eric.
We,
we
don't
think
that's
junk
debris
garbage
take
a
hike.
We
can't
do
that.
Can
we.
S
You
can
grant
it
as
a
use
that
allows
the
storage
of
that.
So
that's
his
that's
where
we're
at
I
mean
this
has
been
cleaned
up
under
junk
and
debris
and
nuisance.
You
know
under
health
and
safety.
Before
now
we
started
pursuing
it
as
okay
as
a
use.
Yes,
because
of
the
how
long
this
is
occurring
on
the
property.
So,
okay,
that's.
S
S
S
We
had
the
photos
from
the
inspections,
so
I'll
scroll
through
those
quickly.
If
you
want
me
to
stop
on
any
one
of
them,
feel
free
to
do
that
and
I
can
and
of
course
Mr
Jarvis
does
have
a
battle,
so
he
you
know
he's
free
to
respond
to
any
of
these
and
I'll
help
scroll
through
them
again.
If
he
needs
to
address
these
specifically.
S
So
my
understanding
is
he's
expressing
okay,
that
he
wants
a
temporary
period
to
give
him
time
to
to
get
a
lot
of
this
moved
off
of
here,
but
the
he
may
still
encounter
if,
if
he
doesn't
get
the
permission
to
also
keep
some
of
this
equipment,
that
might
still
be
a
problem
down
the
line.
If
he's
yep
yeah,
if
it's
only
for
temporary
okay.
B
G
S
And
so
yeah,
since
that
time
he's
been
very
good
about
trying
to
do
the
steps
to
come
into
compliance.
So
you
know
he
filed
a
rezoning
application
and
has
gone
through
that
process
and
with
Planet
zoning
in
the
council.
So
that's
what
has
gotten
him
to
this
point,
because
his
next
remedy
is
to
seek
you
experience.
Okay,.
S
B
S
B
H
Thank
you,
Mr,
chair
I,
just
wanted
to
a
lot
of
the
discussion
that
that
we're
hearing
it
kind
of
brings
up
two
separate
issues,
and
so
what
I
was
hoping
to
remind
the
board
was
kind
of
the
role
of
the
board
and
the
question
that
that's
before
the
board
today,
because
we're
hearing
a
lot
about
enforcement
and
questions
about
whether
what's
allowed.
What's
what
constitutes
junk
and
debris
that
sort
of
thing.
H
The
issue
before
the
the
this
board
today
is
whether
to
Grant
a
use
variance
and,
if
so,
under
what
what
conditions.
Potentially,
if
the
board
wanted
to
do
that,
even
if
this
board
grants
that
variance
the
question
of
enforcement
and
what
constitutes
junk
and
debris
and
outdoor
storage
and
that
sort
of
thing,
that's
a
separate
issue
that
won't
be
resolved
necessarily
by
this
board
or
its
decision,
and
so
I
think
you
know
the
issue
that's
before
this
board
is
that
whether
the
variance
is
warranted
under
the
provisions
in
the
in
the
city's
code.
H
The
other
issue
that
I
think,
because
we're
talking
about
this
use,
variance
for
junk
and
debris
or
or
what
you
know,
I
think
I.
Think
it's
a
without
putting
conditions
on
it,
then
any
use
within
that
would
be
permitted
if
the,
if
the
board
were
to
grant
that
that
variance
so
again,
just
wanted
to
clarify
or
distinguish
those
two
questions
for
the
board.
So.
S
Gary,
what
then
I
was
I
meant
to
address
this.
So
when
the
question
was
asked,
wouldn't
it
require
site
plan
and
so
forth,
not
automatically
unless
you
make
it
the
condition
of
because
essentially
he's
asking
for
what
he
has
here
so
so
you
I
think
if
you're
inclined
to
Granite,
you
would
probably
need
to
put
stipulations
if
you
want
a
site
plan
and
meeting
certain
conditions
with
Landscaping.
B
V
All
right
now,
I'm
left
with
like
more
questions
and
answers
as
to
how
to
even
begin
to
tackle
this,
because
I'm
going
to
be
quite
honest
with
this
board
I
never
had
a
health
safety
junk
and
debris
people.
It's
always
been
code
enforcement.
They've
told
me
it's
state
of
Code
Enforcement
case,
and
this
is
the
remedy
that
it
goes
to.
V
So
I
have
been
bamboozled
for
lack
a
better
way
to
put
it
I'm
in
the
principal's
office
here
and
I'm,
saying:
hey
I'm,
trying
to
admit
to
what
I've
done
you
know
and
not
what
I
haven't
and
just
please,
you
know,
grant
me
some
mercy
to
come
back
into
compliance.
It
sounds
like
if
I'm
understanding,
what's
going
on
here,
the
remedy
that
this
board
can
give
me
is
to
grant
me
a
one-year
use
variance,
even
though
I
have
no
intention
of
using
that
commercially
you'll
have
a
good
faith.
V
V
Think
it's
a
very
common
sensical
thing,
I
think
it's
what
my
neighbors
are
asking
for
and
think
it's
in
line
with
the
spirit
of
city
and
what
we're
trying
to
accomplish.
As
far
as
nobody
wants
to
live
next
to
a
junkyard
I,
certainly
don't
want
to
be
that
person
I
realize
I
got
a
bunch
of
junk
in
my
trunk.
If
you
will
it's
all
in
the
fencing
backyard,
I
want
it
out
of
there.
V
I
honestly
want
to
sell
this
property
move
to
a
more
rural
area
where
you
can
maybe
spread
my
wings
a
little
bit,
and
my
intention
is
not
to
junk
up
the
city.
I
think,
if
you
guys
can
give
me
one
year,
use
variance
on
it
in
the
way
it
sits
to
allow
me
to
store
those
things
outside
say
will
allow
you
to
store
this.
There
won't
be
a
site
plan
required.
I.
Think
that
that
would
suffice,
because
to
my
knowledge,
health
and
safety
has
not
came
in
to
start
forcing
on
anything
and
I've.
V
Not
I
have
not,
in
my
entire
time
of
owning
this
property
ever
had
health
and
safety
come
in
and
take
any
junk
or
debris
off
this.
This
thing
started
in
in
March
of
this
year
and
I've
talked
to
them
about
compliance
and
how
I
can
come
into
compliance
and
how
I
can
get
that
time
to
do
so,
and
this
is
where
it
led
me
to
so.
B
G
M
B
G
B
Like
crazy,
well,
this
this
issue
did
not
start
with
this
board.
I'm
not
saying
he
misrepresented
that
with
his
closing
statements
here,
but
this
issue
started
with
the
city
issuing
a
nuisance
notice
on
the
property,
along
with
probably
a
no
notice
of
zoning
violations,
rather
than
deal
with
it.
We've
had
the
driest
year
on
record
the
nicest
weather
on
record.
Obviously
he's
got
equipment
and
abilities
with
his
professional
background
to
deal
with
this
rather
than
work
on
it.
Get
it
cleaned
up.
B
What
he
has
chosen
to
do
is
seek
every
Avenue
he
can
to
justify
what
he's
doing
he
went
to
PNC
commission.
They
said
no
that
he
went
to
the
council.
They
said
no
we're
the
last.
Stop
we
weren't
the
first
stop.
We
haven't
been
controlling
the
ball,
but
now
he's
here
today
and
what's
in
front
of
us,
the
proposal
is
to
use
the
property
for
a
junk
and
Salvage
Yard
business
for
outdoor
equipment
storage,
even
if
he
says
he's
not
got
a
business.
B
The
activities
on
the
property
they're
not
customary
or
incidental,
with
Beaverdale
or
Easter
lake,
or
even
Indianola,
Avenue
they're,
not
and
as
much
as
he's
a
nice
guy
and
I'd
like
to
help
everybody.
We've
got
our
lane.
We've
got
our
our
Authority
character
of
the
neighborhood
impact
to
a
neighborhood
property
values,
the
whole
nine
yards.
There's
not
the
mobile
home
Court's,
now
gone
that
was
across
the
street.
There's
going
to
be
a
nice
development
there
of
mixed
use,
mixed
income
housing.
B
So
as
much
as
there
were
some
complaints
about
Indianola
Avenue,
there's
been
a
lot
of
investment
there
and
there's
going
to
be
more
and
he
can
be
part
of
that.
But
I
I
just
think
we're
kind
of
we're
just
nibbling
around
the
edges
here.
Do
we
want
to
Grant
a
use,
variance
to
permit
what
would
be
called
a
junk
and
Salvage
yard
in
an
n3a,
neighborhood
District?
That's
what
the
question
is
and
I'm
not
comfortable
with
that
and
I.
B
Don't
think
it's
our
job
to
extend
deadlines
on
things
and
force
staff
to
go
out
and
do
further
work
he's
had
nine
months
to
go.
Oh,
this
is
an
issue.
Yeah
I
think
I'll
get
on
it
and
maybe
he
has,
but
the
hearing
is
closed
and
everybody
had
their
chance
to
have
their
say
so.
I'm
just
I,
just
I,
just
don't
like
any
part
of
this
well
I'd
like
to
hear
what
the
four
others
of
you
think
and
Justin
you
just
want
to
make
a
statement
now
chair.
You.
F
M
B
That
perhaps
I
misunderstood
it,
but
the
application
on
the
table
is
to
still
have
a
variance
for
a
drunken
salvage
yard,
which
would
not
be
allowed
in
an
n3a
neighborhood
District.
So
you
have
to
decide
if
you
want
to
allow
that
that
use
and
by
looking
at
the
pictures
it
would
appear
that
there
were
still
there
are
still
concerns
with
the
use
of
the
property
that
is
not
customary
or
incidental,
like,
like
Gary
said.
We
aren't
here
to
do
nuisance
ordinance
so.
E
G
B
G
H
G
E
H
B
Can
tackle
this
a
couple
ways,
sometimes
motions
don't
make
it
sometimes
they
do
but
I'm
going
to
make
a
motion
to
deny
the
requested
zoning
variants
with
the
evidence
and
testimony
presented
here.
The
variance
test
is
high.
The
subject
property.
He
lives
there.
It's
zoned
residential,
the
subject.
Property
can
yield
a
reasonable
return
for
the
use
that
is
permitted.
Now,
it's
residential,
it's
got
value
as
a
house.
B
Secondly,
the
issue
here
is
not
related
to
the
land
in
question.
It's
his
stuff.
It's
his
doing,
there's
no
other
General
conditions
in
the
neighborhood.
That
would
say
well
yeah.
This
really
should
be
industrial.
No,
this
is
a
residential
district.
It
was
in
the
recent
rezoning.
The
city
looked
closely
at
uses.
B
That's
why
it
has
the
n3a
zoning.
If
we
would
approve
this,
this
is
an
I2
use.
It's
a
junk
and
Salvage
Yard.
Even
if
somebody
says
that's
not
what
they
want
to
do.
That's
what
the
proposal
is.
That
kind
of
use
would
alter
the
essential
character
of
the
Aryan
question.
Neighbors
might
think
somebody's
nice,
but
I'm
not
interested
in
spot
zoning
in
Des
Moines
in
the
middle
of
the
residential
area.
B
T
B
Right,
second,
by
Marla,
so
we'll
go
ahead
and
take
a
vote
on
that
as
it
stands.
To
deny
the
requested
variance
all
those
in
favor
to
deny
the
request
of
variance.
Raise
your
right
hand,
one
two:
three
four
five
all
right
so
motion
carries
five
zero,
Keegan
you're,
a
nice
guy
I
would
just
encourage
you
to
work
with
staff
to
get
things
in
shape
out
there.
You've
got
some
Talent
you've
got
some
abilities.
You
can
get
it
done.
B
K
Right,
Mr,
chairman
of
the
board,
but
Ross
Deputy
planning
administrator
for
the
city
of
Des,
Moines
I'm,
going
to
kind
of
go
off
script
on
this
one
and
try
to
wrap
it
up.
I
see
the
weather
outside
is
getting
right
in
the
public
information
office,
I
mean
email,
saying
we
should
wrap
up
because
there's
a
winter
warning
or
winter
storm
warning
out
there.
But
the
request
is
for
a
use,
variance
staff
has
recommended
approval
of
this
use,
variance
and
the
applicant
is
in
agreement
with
all
of
the
conditions
that
staff
has
recommended.
K
We've
recommended
13
conditions,
they're
wanting
to
use
an
existing
detached
garage
for
automotive
repair.
If
you
remember
the
board
actually
granted
this
for
a
temporary
period
back
in
2018
that,
since
expired,
so
they're
I,
guess,
subject
to
getting
a
news
owning
approval.
The
new
code
didn't
allow
for
auto
repair
to
be
considered
as
a
home
occupation,
so
they
had
to
go
through
the
rezoning
process.
Have
that
denied
and
then
come
before
this
board
to
get
a
use
variance.
K
B
B
K
And
that's
what
a
recommendation
for
approval
is
based
on
it's
a.
They
have
two
accessory
structures
on
the
property,
one
of
them
being
this
1536
square
feet,
structure
where
the
business
is
entirely
taking
place.
So
we
feel
that
there
is
a
hardship
in
utilizing
that
accessory
structure
given
the
size.
K
B
R
My
name
is
Sheldon
Rooney
1626
East,
Park
Avenue,
like
he
did
say,
I
did
come
back
in
18.
I
was
granted.
The
special
use
had
to
jump
through
some
hoops
to
get
to
you
guys
again
in
those
well
now,
last
four
years
there
hasn't
been
one
complaint,
actually
just
got
a
neighbor
to
email
over
a
copy
and
for
this
I
didn't
get
in
time
to
get
it
on.
Here,
of
course,
like
I
said,
there's
not
been
one
point
in
four
years.
B
B
E
R
R
Yeah
there
were
some
definitely
some
fine
lines
in
there
that
I
didn't
realize.
Okay,
like
you
know,
this
is
Park.
Avenue
I
think
the
D.O.T
registered
11
000
cars
a
day
that
was
shocking
to
me
even
note
living
there,
but
I
sit
so
far
back
yeah,
so
it
doesn't
really
change,
maybe
two
or
three
vehicles
a
day:
the
traffic
in
front
yeah.
R
R
B
T
Won't
take
five
minutes,
there's
no
pressure
here.
No
thank
you.
Hi.
Thank
you
board,
chair
Andrew,
Collins,
625,
Pleasant,
View,
Drive,
I,
don't
live
in
the
neighborhood
I'm,
a
friend
of
Sheldon
I'm,
probably
his
biggest
customer.
He
for
his
service.
His
business
is
much
cheaper
than
anywhere
else.
You're
gonna
find
he
helps
his
neighbors
in
a
lot
of
different
ways.
Fixing
things
doing
a
lot
of
help
with
stuff
11
000
Vehicles
a
day
that
comes
from
the
2016
do
Iowa
DOT
counts.
T
That's
what
I
told
him
I
just
send
the
link
to
staff
for
proof
of
that,
but
it
is
very
busy
and
it
is
very
loud.
I
will
say
that
Sheldon
has
not
had
any
complaint
with
neighbors.
No
one's
reporting,
the
city
and
I
will
point
out
that
compared
to
what
we've
seen
today,
that's
in
short
supply,
so
yeah
I
just
want
to
register
my
support
for
him
and
I
appreciate
your
time.
Thank
you.
B
J
S
Lundy
zoning
enforcement
officer
just
to
kind
of
recap-
this
is
coming
to
you
now
because
of
the
change
in
the
ordinance,
the
ordinance
it
used
to
be
something
that
could
be
a
home
occupation
considered,
as
a
matter
of
you
know,
right
essentially
if
they
met
the
the
criteria
for
home
occupations
yep
that
changed.
So
there
was
clear
Direction
on
the
council's
part
to
treat
these
types
of
businesses
differently
and
not
through
home
occupations.
S
Now
this
has
been
in
continuous
use,
so
you
can
look
at
that
differently,
of
course,
but
I
can
tell
you
from
an
enforcement
perspective.
These
types
of
uses
are
problematic
throughout
the
yes
throughout
the
city.
So,
and
the
other
thing
to
understand
is,
if
you
give
this
as
a
use
variance,
he
can
sell
it
to
another
operator
down
the
road.
That
might
not
be
a
great
customer
that
everybody
loves,
but.
S
B
All
right
all
right,
we're
we're
close
all
right,
so
we'll
close
public
portion
go
to
board
deliberation
familiar
with
this
property.
Seen
it
it's
been
kept.
Well,
it's
moved
through
a
couple
owners.
There's
plenty
of
conditions
here,
I'm
the
I'm,
a
southsider.
You
don't
notice
this
totally
different
thing
than
anything
else.
We
saw
today
here,
I'm
fine
with
it.
F
B
B
B
A
B
So
Council
didn't
say:
that's
crazy,
throw
it
in
the
trash
can
they
did
not
okay,
I'm
glad
to
hear
all
right.
Would
there
be
a
motion
to
approve
the
minutes
from
anybody
here
last
meeting,
marlets
Justin,
all
in
favor,
all
right,
all
right,
there's
no
other
business!
This
hearing
is
adjourned
and
I
told
you
guys
to
be
prepared
for
a
four-hour
meeting.