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From YouTube: 11-16-22 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, November 16, 2022.
View the agenda: https://DSM.city/ZBOAatHome
A
C
C
The
members
of
this
board
are
citizens
of
the
city
of
Des
Moines
and
have
been
appointed
to
this
board
by
the
city
council.
The
board
members
are
volunteers
and
receive
no
compensation
for
their
public
service.
I'm,
going
to
take
a
moment
to
introduce
our
board
members
present
today.
First
of
all,
on
the
audience's
left
is
Justin.
Gross
next
to
him
is
marlus.
Jones
on
the
audience
is
right
is
Dave.
Geer
next
to
him
is
Rhonda
sedillo
and
I'm
Mel
pins,
the
board
chair,
I'll,
introduce
City
staff
who
will
be
assisting
us
today.
C
First
of
all,
our
legal
counsel
for
the
board
of
adjustment
to
my
left
is
Gary
guidelock
I'll
introduce
City
staff
who
will
be
presenting
and
assisting
today
that
includes
Frank
Dunn
Young
Senior
city
planner,
Bert
dross
the
deputy
planning
administrator
and
Eric
Lundy
zoning
enforcement
officer
I'm
going
to
cover
our
meetings
procedure
for
today.
For
some
of
you,
this
may
be
your
first
time
in
front
of
the
board.
C
You
may
hope
it's
your
only
time
in
front
of
the
board,
but
we'll
take
everybody
through
this
I'll
explain
how
the
hearing
works,
but
we'll
help
you
through
when
your
agenda
item
comes
up,
so
so
don't
be
nervous
on
process
or
procedure.
We'll
help
you
with
that.
First
and
foremost,
Zoning
Board
of
adjustment
is
a
quasi-judicial
board.
This
hearing
will
be
conducted
within
the
procedures
and
the
format
is
authorized
by
Iowa
law
in
this
City's
ordinances.
C
C
This
board
is
required
to
base
its
decision
on
each
item
upon
the
criteria
established
by
law
for
the
type
of
relief
sought
by
the
applicant.
The
law
applicable
to
each
case
has
been
identified
in
the
written
staff
report.
If
the
facts
is
determined
by
this
board
demonstrates
that
the
criteria
established
by
law
for
granting
the
relief
has
been
satisfied.
Then
the
board
must
Grant
the
relief.
Otherwise
the
board
must
deny
the
requested
relief.
C
So
we'll
come
back
to
that
consent
agenda
in
a
minute
and
I'll
kind
of
take
a
poll
here
just
to
make
sure
if
anybody
has
concerns,
then
we'll
hear
the
case
formally
for
a
regular
agenda.
After
an
item
is
announced,
City
staff
will
first
give
a
brief
overview
of
the
appeal
they
will
present
any
written
comments
that
have
been
received
prior
to
the
hearing.
Then
it
will
be
the
applicant
or
their
representative's
turn
they'll
be
allowed
up
to
10
minutes
to
present
the
reasoning
for
their
appeal.
C
We
will
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
requested
appeal
will
be
allowed
up
to
five
minutes
each
to
prevent
to
present
their
comments.
This
will
be
their
one
and
only
opportunity
to
address
the
board.
Regarding
the
item
at
hand,
once
all
concerned
citizens
have
spoken,
the
board
will
then
ask
any
additional
questions
of
City
staff.
C
Lastly,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
other
closing
comments
if
they
so
choose.
All
speakers
must
speak
only
from
the
podium
here
at
the
front
center
of
the
room.
We've
got
a
little
display
there,
and
then
you
see
the
microphone.
They
must
begin
their
presentation
by
first
giving
both
their
name
and
address
of
either
business
or
residence
as
appropriate.
C
The
board
chair
will
then
close
any
further
public
comment
on
the
agenda
item.
The
board
will
immediately
deliberate
the
request
and
will
make
a
decision
on
the
appeal.
Please
note
that
it
takes
at
least
four
affirmative
votes
for
any
zoning
appeal
to
gain
approval,
and
we
have
a
five-member
board
here
today
we're
a
seven
member
board.
We
don't
always
guarantee
that
all
board
members
are
here,
but
with
five
members
present
it
will
take
four
to
approve
your
item.
C
So
if
you
feel
like
your
items,
may
be
a
little
controversial
or
your
Vegas
odds
might
be
better.
If
there
were
more
members
here,
you
could
ask
that
your
item
be
deferred
to
next
month
when
we
get
to
your
item.
But,
generally
speaking,
if
you
think
you
got
a
good
reasoning
for
your
appeal
and
you
can
convince
us
at
least
four
of
the
five
of
us
today,
you
can
give
it
a
shot.
So
if
anybody
feels
like
they'd
like
to
have
their
item
continue
to
the
next
hearing
date,
just
mid-December,
we
could
certainly
do
that.
C
So
we'll
come
back
to
that
in
a
minute.
If
your
appeal
is
approved
today,
we
ask
that
you
wait
until
at
least
one
week
from
today's
hearing.
If
you
need
to
contact
the
city's
permit,
Development
Center,
to
obtain
any
necessary
building
or
sign
permits.
That
would
be
related
to
your
appeal.
This
will
allow
the
decision
of
the
board
to
be
documented
in
the
form
of
a
decision
in
order
which
will
be
provided
to
both
you
and
City
staff.
C
The
decisions
of
this
board
can
only
be
appealed
in
the
Iowa
district
court.
So
if
you
feel
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.
C
Any
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
is
part
of
the
permanent
record.
You
may
contact
City
staff
after
the
hearing
if
you
need
a
copy
of
anything
presented
and
if
you
would
be
presenting
anything
that
you
haven't
already
given
appropriate
copies
or
digital
files
to
City
staff,
you'll
need
to
do
so.
A
couple
housekeeping
items.
Please
avoid
any
undue
conversation
in
the
audience
so
as
to
limit
distractions
during
the
hearing
that
is
in
progress,
everybody's
doing
a
fine
job.
C
Also,
please
ensure
your
cell
phone's
been
silenced
great
job
so
far,
and
if
you
need
to
use
a
restroom,
you
can
leave
through
the
doors
here.
You
don't
have
to
go
downstairs
go
past.
The
staircase
restrooms
are
on
your
left.
If
we
would
need
to
take
a
break,
we'll
do
so
around
three
o'clock
for
about
five
minutes
and
once
your
agenda
item
is
completed,
you're
welcome
to
leave
the
hearing.
So
that's
our
background
on
everything.
C
So
we're
going
to
take
a
look
at
our
agenda
here
today.
We
don't
have
any
changes
on
the
agenda,
but
items
four
and
five
or
item
four
has
been
re
rescheduled
to
the
December
21st
meeting.
C
Frank's
just
gonna
put
that
up
there,
quick.
So
if
anybody's
interested
in
item
four
that's
been
rescheduled
to
December
21st,
so
we'll
go
back
here
on
our
consent
portion
of
the
agenda.
It
looks
like
we
just
have
one
item:
that's
a
conditional
use
request
in
the
vicinity
of
205
East,
18th,
Street
and
City
staff
is
recommending
approval
of
that
subject
to
some
staff
recommendations,
so
I'm
just
going
to
pull
the
audience
here.
Is
there
anybody
opposed
to
granting
the
conditional
use
requested
in
the
vicinity
at
205,
East,
18th
Street?
C
It
would
relate
to
use
of
a
tenant
Bay
for
Native
beer,
warehousing
and
distribution.
If
anybody
would
be
opposed
to
us
granting
that
approval
just
raise
your
hand
for
the
moment,
seeing
none
anybody
here
on
the
board
with
any
concerns
or
questions
about
that
item.
If
none
would
there
be
a
motion
to
approve
item
one
which
would
be
the
consent
agenda,
all
right
moved
by
marvelous
second,
by
Rhonda,
all
those
in
favor
of
granting
the
conditional
use
requests
raise
your
right
hand
say.
Aye
motion
carries
five
zero.
C
So
if
you're
here
for
item
one
that
was
on
consent,
you've
been
approved
all
right,
we'll
get
a
copy
of
that
to
you
next
week
for
the
record.
Okay,
this
will
bring
us
to
our
regular
portion
of
the
agenda.
The
next
item
is
related
to
the
vicinity
of
1626
Dixon
Street.
It's
a
conditional
use
permit
request.
This
was
continued
from
our
meeting
from
last
month
and
so
we'll
have
City
staff.
Give
a
brief
explanation
of
this
one
and
we'll
let
them
kick
it
off
when
they're
ready
to
go.
D
D
D
D
D
And
so
here
is
a
view
from
the
south
looking
into
the
site
and
here's
a
view
from
looking
West
into
the
site.
This
would
be
the
Southwest
portion
of
the
site
and
once
again
existing
operation,
more
North
Central
of
the
site,
and
this
would
be
the
area
that
is
where
the
expansion
is
being
proposed,
and
so,
as
you
can
see,
this
is
their
existing
facility,
as
it
is
today
over.
Here
is
the
cell
tower
that
was
mentioned.
You
can
see
the
cursor
there.
D
The
expansion
area
is
going
to
include
area
along
here
and
in
this
area
where
the
bulk
material
storage
would
take
place,
no
production
would
actually
take
place
as
part
of
that
there
would
be
some
parking
improvements,
access,
Drive
improvements,
we'll
go
ahead
and
scroll
to
the
next
to
their
actual
layout
plan.
So
you
can
see
what
is
existing
and
what
is
proposed
so
so
the
purple
would
be
existing.
The
green
is
what
is
being
proposed
for
those
storage
areas
requiring
the
conditional
use.
D
D
And
so
one
of
the
things
to
note
regarding
the
conditional
use
is:
they
are
also
asking
for
an
exception
which
would
allow
the
proposed
material
storage,
shelter
Heights
to
be
three
feet:
foot
taller
than
the
maximum
six
foot
that
is
allowed,
so
any
loose
material
is
generally
required
to
be
covered
with
a
shelter
on
three
sides
and
typically
that
is
six
foot.
D
However,
they
are
proposing
the
three
foot
in
height,
so
it'd
be
a
total
of
nine
feet
in
height.
D
There
I
I
will
also
note
that
there
are
some
existing
storage
areas
that
are
legal,
not
conforming,
that
are
taller
than
nine
foot
that
were
previously
allowed.
So
there's
no
change
proposed
there.
D
And
so
staff
believes
that
the
applicant
has
satisfied
the
criteria
for
granting
the
conditional
use
as
long
as
the
business
operates
in
compliance
with
recommended
conditions,
the
proposed
location
and
operation
activity
adequately,
Safeguard,
the
health
safety
and
general
General
Welfare
of
persons
reciting
or
working
in
adjoining
areas.
D
D
It
is
consistent
with
the
general
purpose
of
the
zoning
ordinance.
The
impact
of
the
proposed
expansion
will
be
minimal,
since
any
expansion
of
the
use
shall
be
in
accordance
with
an
approved
site
plan
which
would
ensure
that
drive
aisles
shall
be
paved
in.
Any
outdoor
storage
areas
shall
have
a
dustless
surface
further.
The
applicant
has
satisfied
the
criteria
for
net
for
granting
the
type
2
zoning
exception
of
three
feet
over
the
maximum
six
foot
in
height
for
the
loose
material
store,
it
will
be
set
back
a
distance
from
the
from
the
property
line.
D
The
applicant
faces
a
practical
difficulty
giving
in
The
Limited
size
of
the
expansion
and
the
area
needed
for
site
improvements
required
by
code.
The
shelters
would
not
significantly
at
create
adverse
impact
on
an
essential
character
of
the
surrounding
area
and
surrounding
property,
and
would
not
impair
an
adequate
supply
of
light
and
air
to
adjacent
property
or
unduly
increased
congestion
in
the
public
streets.
D
It
would
be
relate
to
a
use
classified
by
applicable
District
regulations
as
either
permitted
use
a
permitted
accessory
use
to
the
to
the
district,
and
so
staff
is
recommending
approval
of
the
proposal
for
the
condition
of
use
and
the
request
for
the
type
2
zoning
exception.
And
here
are
the
conditions.
D
D
B
C
And
I
I
think
you've
covered
it
pretty
good
there
Frank,
the,
as
is
pictures
of
the
facility,
looks
like
they've
already
had
made
some
nice
improvements
with
fencing
Landscaping,
but
there's
the
one
driveway
that
I
think
is
the
South
secondary
drive
by
the
cell
tower.
You
know:
that's
currently,
gravel!
That's
going
to
be
replaced
with
concrete
for
approach
apron
and
into
the
site
of
fair
distance.
Is
that
correct
that.
C
Yeah
it's
my
biggest
concern
is
usually
gravel
that
gets
over
the
public
sidewalk
or
washes
out
into
the
street,
and
then
you
know
that
causes
storm
water
issues
and
jams
up
storm
water,
outflows,
okay,
anybody
else
have
anything
else
for
staff.
Okay,
all
right!
Thank
you!
Frank!
Okay.
So,
at
this
point
of
the
hearing,
we'll
turn
it
over
to
the
applicant.
C
If
somebody
from
the
applicant
side
wants
to
come
up
and
I
do
apologize,
maybe
not
a
big
deal
but,
as
I
said
with
only
five
members
present
here
today,
you
got
to
convince
four
of
us
at
a
minimum
of
your
request
for
your
appeal
today.
Your
conditional
use
in
this
case
City
staff,
is
recommending
approval.
We
don't
always
have
to
agree
with
City
staff.
C
We
have
to
have
our
reasoning
if
we
don't,
but
if
you
want
to
continue
to
proceed,
that's
great
if
you'd
rather
wait
till
next
month,
we
can
also
do
that.
I
can't
ever
guarantee
that
we'll
have
a
full
Board
of
seven.
So
you
think
you
can
convince
if
you
think
you
can
convince
four
or
five
of
us
go
for
it,
but
you
have
to
tell
me
that
you
want
to
proceed
yeah.
We
can
proceed.
E
Right,
thank
you.
Frank
can
I
use
your
mouse
here
good
afternoon,
Mr
chair
members
of
the
board
legal
counsel
for
the
board.
My
name
is
JD
Dalton
Dalton,
Law,
Firm,
25,
21,
128th,
Street,
Urbandale,
Iowa,
50323
and
I'm
attorney
for
the
applicant
Liberty
Holdings,
Inc
I.
Think
Frank
did
a
really
good
job
summarizing
the
proposal.
What
we're
trying
to
do
I
actually
started
working
with
Liberty
on
this
back
in
July,
and
you
pretty
much
nailed
it
Mr
chairman
of
the
the
court
Improvement
here
to
the
neighborhood.
Is
this
piece
right
here?
F
E
Little
square
was
basically
city
right
away.
That
has
never
been
improved.
So
when
Liberty's
trucks
come
into
this
plant
they're
exiting
right
here
and
then
you've
got
a
75
000
pound
truck
going
across
Limestone.
You
know
it
generates
dust,
and
so
we
we
actually
in
the
neighborhood
meeting
we
had
neighborhoods
most
of
the
participants.
Actually,
all
the
participants
were
residential
property
owners,
and
that
was
their
primary
concern.
All
along
was
can
we
do
something
about
that?
E
So
there's
a
parcel
here
this
parcel
here
and
then
up
above
this
Jefferson
piece
and
the
dust
really
is
just
here,
because
everything
else
is
paved
so
when
we're
Paving
city
streets
or
dot
highways,
you
got
to
have
everything
on
pavement
anyway,
because
of
contaminant
issues
so
in
terms
of
dust
being
generated
here,
it's
just
a
not
non-factor.
So
once
the
city,
the
city
council,
understood
that
we
would
be
Paving
that
it
was
it
was.
E
It
was
a
unanimous
decision
and
we've
also
negotiated
easement
agreement
with
the
cell
tower
and
with
the
property
owned
over
here,
where
Liberty
is
essentially
going
to
be
taking
over
100
of
the
maintenance
costs
of
that
going
forward
and
to
make
it
easy
to
get
this
thing
through
the
the
type
2
exception
that
we're
asking
for
if
I
go
back
to
the
page
next
page
and
right
here,
okay.
So
if
you
look
at
the
existing
Heights,
these
bends
here
are
storing
inert
materials,
so
you're
talking
Rock
sand
stuff.
E
That's
in
Iowa
the
Limestone
bulk
bends,
the
same
Limestone
Road,
that's
on
all
our
County
Roads.
So
it's
there's
nothing
out
of
the
ordinary
of
anything
that's
being
stored
in
here
and
historically,
as
you
pointed
out,
the
site
was
actually
updated
in
2019,
and
so
there
really
is
no
height
restrictions
on
this
blue
area,
but
the
green
area
and
the
reason
why
we
asked
for
continuance
last
month
is
because
we
knew
we
would
be
losing
quite
a
bit
of
storage
in
this
area
because
of
the
turn
radius
of
the
trucks
coming
in.
E
So
when
we
looked
at
chapter
134,
verses,
135,
outdoor
storage
requirements,
that's
when
we
discovered
actually
there's
a
a
height
limitation
in
chapter
134,
which
is
what's
in
front
of
you,
so
I'm
talking
to
City
staff.
We
said
if
we
can
at
least
get
that
to
nine
feet.
We
think
we
can
make
that
work,
and
so
that's
what
we're
asking
for
is
the
nine
foot
type
two
exception
to
keep
the
material
stored
at
nine
feet.
If
we
didn't
have
some
of
these
turn
radius
issues.
E
You
know,
and-
and
even
this
area
here
which
are
engineer
shows
that
is
currently
this
blue
or
purple
color-
that's
going
to
be
we're
going
to
be
losing
some
of
that
so
kind
of
when
you
wait
it
all
out
you're
trying
to
preserve
as
much
as
you
can
so
yeah
I
think
this
has
probably
been
the
least
controversial
project.
I've
ever
had.
We've
got
unanimous
support
from
the
neighbors
unanimous
support
from
pnz
and
city
council,
and
so
now
we're
in
front
of
you,
I
guess.
C
All
right
so
for
the
next
part
of
the
hearing
is
there
anybody
that
wishes
to
speak
in
support
of
the
applicant's
request?
If
so,
please
step
forward,
seeing
none
anybody
in
opposition
or
in
neutrality,
just
with
related
comments,
seeing
none
any
further.
Questions
for
staff
Eric
need
to
say
anything,
any
questions
for
staff
or
Eric,
no,
okay,
we'll
close
the
public
porch
and
go
to
board
deliberation.
C
Okay,
all
right
clear
enough:
will
there
be
a
second
second
all
right
motion
by
Marla?
Second,
by
Rhonda,
all
those
in
favor
raise
your
right
hand
say.
Aye.
Okay
motion
carries
five
zero.
All
right
we'll
have
a
copy
of
that
decision
in
order
by
about
this
time
next
week,
for
you
for
the
record,
all
right
thanks
for
coming
in
guys,
you
bet,
okay,
so
just
for
clarification.
So
our
next
item
is
item
three.
It's
a
conditional
use
and
variances
request
at
2515,
East
Euclid
Avenue,
as
I
mentioned,
there's
just
five
of
us
here
today.
C
This
is
a.
There
are
seven
members
on
this
board.
We
can't
always
guarantee
all
seven
members
are
here,
but
it
always
takes
four
members
to
Grant
an
approval
on
item
three
I
see
staff
is
recommending
denial.
You
know
our
board
is
is
here
to
with
open
eyes
and
ears
to
hear
a
case,
but
if
the
applicant
would
feel
like
they
would
like
this
to
be
continued
to
next
month.
C
If
perhaps,
there's
six
or
seven
of
us
here,
the
applicant
can
request
that,
but
when
we
get
to
next
month,
if
somebody
has
surgery
goes
to
Mexico
for
a
trip
or
something
I
can't
always
guarantee
that
we'll
have
a
seven
member
board,
you
know
I'm
just
saying
it
could
happen
so
who's
the
applicant
here
in
this
case,
do
you
want
to
go
ahead
and
hear
your
case
today?
C
Okay,
all
right,
he
says,
he's
fine
all
right!
Well,
we'll
have,
if
you're,
if
you
say,
you're
fine
and
you
want
to
hear
it,
go
ahead
and
sit
down
because
we
got
to
have
Frank,
give
a
quick
summary.
First,
okay,
yeah
all
right,
it
sounds
like
we'll
go
ahead
and
proceed.
Then
Frank.
You
can
give
us
a
brief
overview.
D
So
the
property
is
located
in
the
vicinity
of
2515
East
Euclid
Avenue.
The
applicant
is
proposing
use
of
a
2183
square
foot,
tenant
Bay
for
retail
sales,
limited
use
with
sales
of
alcoholic
liquor,
wine
and
or
beer
as
a
retail
sales
limited
use.
No
more
than
40
percent
of
gross
receipts
from
sales
can
be
derived
from
the
sale
of
alcoholic
liquor,
wine,
beer
and
or
tobacco
products.
D
The
tenant
bait
is
within
approximately
432
feet
of
an
approved
liquor
store
located
at
2456.
Euclid
Avenue
I'll
show
that
in
a
photo
here
in
just
a
moment
and
within
480
feet
of
a
place
of
worship
located
at
25,
59
East
Euclid
Avenue,
the
appeals
that
are
being
presented
include
the
conditional
use
for
the
retail
sales,
limited
use,
selling
alcoholic
liquor,
wine
and
or
beer
for
off-premise
consumption
in
the
M3
MX3
District.
D
Variants
of
the
provision
that
requires
any
retail
sales,
limited
use
in
a
mx-3
districts
on
an
alcoholic
liquor,
wine
and
or
beer
to
provide
at
least
500
feet
of
Separation
distance
from
any
place
of
worship.
So
those
are
two
variants
appeals
in
addition
to
the
conditional
use.
D
And
so
the
subject,
property
is
approximately
41
000,
just
over
41
000
square
feet,
it's
located,
as
you
can
see
in
the
photo
south
of
East
Euclid
Avenue,
mid
Block
in
between
East
25th
and
East
26th
Street.
The
property
contains
a
4428
square
foot.
Building
right
here
that
has
two
tenant
Bays
part
of
the
building
today
is
used
as
a
laundromat,
and
then
the
other
portion
is
vacant
that
each
half
is
approximately
2183
square
feet.
D
D
It's
in
a
different
location,
and
this
should
show
better
yeah,
and
so
the
premises
that
we
are
talking
about
is
in
the
photo.
It's
right
here.
Okay,.
C
D
D
Yeah
Spirits
Church
would
be
if
you
were
to
pull
in
this.
F
D
And
so
the
the
MX
three
District
requires
it
does
allow
for
limited
retail
sales
use,
but
you
must
obtain
a
conditional
use
for
the
sale
of
alcoholic
liquor.
Wine
and
beer,
as
well
as
it
requires
the
separation
distance
of
a
a
light
facility
which
is
1
320
feet
not
like
facility,
meaning
liquor,
store,
a
fuel
station
selling
alcoholic
liquor,
wine
and
beer
or
limited
retail
sales.
You
selling
alcoholic
liquor,
wine
and
beer,
as
well
as
the
separation
for
of
having
500
feet
from
a
place
of
worship,
foreign,
the
MX3
District.
D
Would
there
is
the
requirement
that
limited
retail
sales
use
would
have
no
more
than
40
percent
of
the
gross
receipts
from
sales
on
the
premises
being
derived
from
those
liquor.
Beer
wine,
tobacco
products.
Couple
images
that
I
want
to
show
another
aerial
more
of
a
closer
view
of
the
property.
This
would
be
a
south
facing
View
and
this
would
be
facing
Southwest.
C
D
D
D
D
As
I
get
to
the
criteria
for
a
condition
or
for
the
variants
I'd
like
to
reiterate
that
it
is
to
establish
an
unnecessary
hardship,
a
property,
yet
owner
must
demonstrate
that
proposed.
F
F
D
The
subject
prop,
the
property
owners
must
demonstrate
that
the
property
cannot
yield
a
reasonable
return
from
any
use
permitted
by
the
subject.
Zoning
regulations,
so
failure
to
yield
a
reasonable
return
may
only
be
shown
by
proof
that
the
owner
has
been
deprived
of
all
beneficial
or
productive
use
of
the
subject
property.
D
If,
if
the
property
alone
were
were
a
retail
Summit
sales
limited
use
limited
to
the
sale
of
beer,
wine,
beer
and
wine,
only
no
alcoholic
liquor,
it
would
be
subject
to
providing
a
150
foot
of
Separation
distance
from
any
place
of
worship,
school
public
park
or
licensed
Child
Care
Facility
they'd
still
need
to
obtain
a
conditional
use,
but
the
variance
Provisions
would
would
not
be
at
play.
Okay,.
D
Off
the
board
were
to
to
Grant
the
conditional
use
or
the
the
variances
and
the
conditional
use.
The
decision
of
the
board
would
be
set
to
the
city
council
for
for
Action.
They
could
either
take
no
action
in
which,
in
30
days,
the
decision
would
be
approved,
or
they
could
make
a
final
decision
to
approve
in
which
it
would
be
approved
upon
their
final
action,
or
it
would
be
remanded
back
to
board
for
further
consideration
of
criteria
in
which
the
board's
final
decision
at
that
time
would
would
become
final.
D
D
.9.9,
the
proposed
location
does
not
satisfy
the
separation
distance
as
there
is
an
approved
liquor
store
less
than
1
320
square
feet,
and
there
is
existing
place
of
worship
less
than
500
feet
from
the
site.
The
Geo,
the
geographic
location
and
operation
of
the
built
activity
would
not
adequately
Safeguard
the
health
safety
in
general
welfare
of
persons
within
the
surrounding
residential
area,
as
it
is
not
sufficiently
separated
by
distance,
Landscaping
walls
or
structures.
D
Furthermore,
the
proposed
use
could
diminish
or
impair
established
nearby
property
values
and
have
a
detrimental
impact
on
the
use
or
enjoyment
of
surrounding
properties,
as
it
would
create
a
concentration
of
alcoholic
liquor
sales.
Furthermore,
staff
does
not
believe
that
the
applicant
has
satisfied
the
criteria
necessary
for
granting
a
variance
to
separation
distances
for
limited
sales,
retail
use
with
alcoholic
liquor,
wine
and
beer
for
off-premise
consumption.
An
unnecessary
hardship
has
not
been
demonstrated,
as
the
land
in
question
can
yield
a
return
from
the
uses
permitted
on
the
property.
D
There
are
multiple
uses
allowed
within
the
MX3
District
and
once
again
it
is
not
merely
sufficient
to
show
the
value
of
the
land.
That's
been
depreciated
by
the
regulations
of
that
a
variance
would
permit
the
owner
to
maintain
a
more
profitable
use.
Staff
has
recommended
denial
of
the
conditional
use
and
denial
of
the
requested
variances.
D
C
D
To
another
neighborhood,
it
does
it's
within
the
shared
Douglas
and
Fairmont
Park,
and
both
neighborhood
associations
have
presented
opposition,
which
those
are
the
two
that
were
in
front
of
us
there
kind
of
as
well
as
we
we
do
have
a
letter
that
was
submitted.
F
B
B
H
C
I
C
And
Frank,
too
kind
of
to
springboard
off
that
a
little
bit.
A
lot
of
the
folks
mentioned
the
Walgreens
and
I
wondered
about
that
too.
It
would
appear
to
me
that's
within
a
distance
separation,
but
does
the
Walgreens
not
sell
hard
liquor,
or
is
it
large
enough?
It's
not
considered
a
liquor
store.
Can
you
yeah
give
it
some
angles
on
that
yep.
D
D
C
C
C
Much
larger,
okay,
okay,
but
the
Walgreens
will
be
in
general
and
so
yeah
no
separation
got
it.
Okay
and
Frank
kind
of
generally
speaking,
you
know,
there's
obviously
at
least
two
variances
on
the
table.
Variance
test
is
kind
of
difficult.
This
involves
alcohol.
Is
this
something
you
sit
down
with
an
applicant
kind
of
explain:
Hey?
Listen!
This
isn't
allowed
by
the
code.
If
you
want
to
bring
a
case
to
the
board
for
an
appeal,
you
can
but
I
mean
I'm,
assuming
you
explain,
kind
of
the
gravity
that
this
isn't
allowed.
Yeah.
C
H
To
go
back
to
this
I'm
looking
at
this
yeah,
the
table
again
applicable,
so
if,
if
this,
if
they
would
limit
it,
just
wine
and
beer
sales,
if
they
didn't
do
the
alcohol,
then
then
there
wouldn't
be
any
liquor.
H
B
C
All
right
well,
thank
you
Frank,
okay,
so
now
the
applicant
can
step
forward
and
the
applicant
can
give
us
their
reasoning
for
their
appeal
and
their
variance
requests
along
with
their
conditional
use.
All
right,
sir.
We
just
need
again
your
name
and
whatever
address
is
relevant
for
you
and
you
can
have
up
to
10
minutes
good.
J
C
C
J
And
then
I
thought
that
it's
a
good
business
opportunity
in
that
area,
because
it's
a
good
traffic
and
I've
also
did
a
little
bit
of
geographical
study.
I
found
like
it's
a
sound
area
but
I
know
the
outcome
now:
I'm
not
I'm
little
sad,
but
it's
the
law
and
it's
the
requirement
so
I
uphill
the
law
moving
forward
and
try
to
find
another
place
for
the
opportunity.
C
J
I
believe
this
okay
I
read
the
first
one,
because.
C
J
B
C
All
right
a
couple
related
questions.
It
looks
like
you
kind
of
Drew
a
floor
plan
to
show
your
shelving
and
your
coolers.
Yes,
sir,
you
know
the
the
requirement
is
that
if
we
were
inclined
to
improve
this,
only
40
percent
of
your
gross
receipts
can
come
from
from
any
kind
of
combination
of
alcohol
and
tobacco.
Yes,
and
it
looks
like
you
know,
sixty
percent
plus
of
your
shelving
and
cooler
space
would
be
related
to
liquor
and
alcohol
and
that's
usually
the
most
expensive
stuff
that
a
store
sells.
So
it
doesn't
look
to
me.
C
J
Because
I,
like
I,
said
I
already
built
this
kind
of
cooler
at
West,
Diamond
location.
It's
a
little
bit
expensive,
like
around
60
or
70
000,
and
once
I
build
the
cooler.
Then
I
don't
have
I'm
not
required
to
keep
this
mole.
Cooler
I
can
put
another
kind
of
liquor
within
the
same
cooler.
So
that's
the
reason.
I
said
walking,
cooler
for
beer
juices,
no
alcohol.
C
C
Or
something
but
yeah
I,
just
I
just
look
at
what
I
ICS
Yeah
the
more
clearly
it's
presented
the
better.
We
can
understand
what
you're
doing
and
the
board's
not
here
to
help
you
with
your
business
plan
but
yeah.
You
know
you
got
a
HyVee
across
the
street
that
already
sells
alcohol.
The
Walgreens.
Does
you
got
there's
a
HyVee
liquor
store,
there's
other
ones,
you're,
not
selling
gasoline.
So
why
would
somebody
come
to
your
store?
First
yeah.
J
Okay,
the
second
would
be
the
like
variety
like:
we
can
have
combination
of
different
things
we
can
even
have
from
Minnesota
vendor
and
also
from
Nebraska
supplying
different
drinks,
energy
drinks,
type
of
thing
and
sometimes
like
even
talking
about
the
beverage.
We
can
get
a
deal
so
that
we
are
not
any
doing
competition
with
highway.
But
there
are
a
few
areas
we
can
go
cheaper.
That's
the
only
reason:
okay,
but.
J
C
C
Seeing
none.
Is
there
anybody
here
to
speak
in
opposition
to
the
applicant's
request?
If
anybody
wants
to
speak
in
opposition,
they
can
either
step
up
or
just
raise
your
hand,
come
on
up.
You're
the
only
hand
that
went
up.
We
just
need
your
name
address
and
you
can
have
up
to
five
minutes
to
express
your
concerns.
My.
K
Name
is
Charles
Cole
I'm
the
lead
pastor
at
experience,
Church
2559,
East,
Euclid,
Avenue,
formerly
known
as
Slumberland,
and
Hy-Vee
and
I
also
own
a
small
business,
though
a
commercial
maintenance
company
here
in
Des,
Moines
and
so
I
have
a
heart
for
small
business.
I
love,
small
business
I
have
lived
south
of
Chicago.
K
I
went
to
college
out
in
Oregon,
I've
lived
in
three
different
communities
in
the
state
of
Iowa,
while
pastoring
I
do
a
small
business
because
I
didn't
take
evolve
poverty
when
I
got
into
Ministry
and
so
I
need
the
money,
and
so
I
have
a
I,
have
a
heart
and
a
soft
place
for
Argent
and
his
desire
to
have
a
small
business
and
accomplish
the
American
dream
that
all
of
us
want.
However,
and
I
know
it's
only
20
feet,
but
we
already
have
HyVee
across
the
street.
K
We
already
have
Walgreens
I
have
a
young
gentleman
here
with
me.
That's
a
part
of
our
our
our
grounds,
crew
that
he
comes
almost
every
week
and
picks
up
stuff
and
I
would
say
over
half
of
what
is
picked
up
on
our
property
is
the
alcohol
and
the
tobacco
packaging
and
wrappers
from
Walgreens
and
and
every
time
we
open
our
doors,
we're
pulling
something
out
of
our
West
entrance.
That
is
something
that
we
believe
is
destructive
to
people.
Not.
K
We
know
that
you
can
do
that
in
moderation,
but
but
it's
also
one
of
the
leading
causes
of
a
lot
of
things
that
are
wrong
with
our
society,
and
so,
while
I
understand
small
business
and
I'd
love
to
see
the
economy
grow
in
our
area,
just
don't
believe
this
is
the
right
location.
Thank
you
for
your
time.
C
A
Right,
my
name
is
Carter
hexamer
and
I
am
a
frequent
attendee
at
experienced
Church
on
2559
Euclid,
so
I
I
do
come
in
I
wish.
It
was
weekly
I.
A
A
There's
a
lot
of
there's
a
lot
of
Temptation
there
and
there's
a
lot
of
places
around
that
area
that
already
sell
the
the
alcohol
and
the
liquor,
and
it's
just
I,
think
that
our
community
could
benefit
from
something
else
occupying
that
space
rather
than
another
thing
that
could
potentially
harm
our
community.
C
C
L
You
know
if
if
we
had
something
starting
up
every
month,
but
we
didn't
separate
it
because
it
hadn't
established
I
think
we
would
be
going
against
the
intent
of
that
separation
provision
so
yeah.
The
interpretation
was
that
we
do
need
to
separate
from
that
location,
yeah.
C
C
Okay,
thank
you
appreciate
the
clarification.
Okay
Arjun.
You
can
come
back
up
if
you
want
and
give
a
closing
statement
for
three
up
to
three
minutes.
If
you
want,
if
you
don't
want
to
add
anything
else,
you
don't
have
to
it's
up
to
you,
you're,
good.
Okay,
all
right!
Thank
you
as
well.
All
right,
we'll
close
the
public
portion
then
and
go
to
board
deliberation
any
initial
thoughts.
H
H
Yeah,
so
the
the
two
variances
are
kind
of
bootstrapped
to
the
conditional
use
because
of
spit
the
size
and
the
and
how
it's
how
it's
the
feet
between
locations
right?
Okay,
so
if
he
was
inclined
to
just
sell
wine
and
beer,
he
wouldn't
have
the
variance
issues.
Is
that
right
and
and
then
we're
just
addressing
just
the
conditional
use
right?
If
that.
C
Was
I
believe
in
that
case,
with
the
distances
that
that
would
be
correct?
Okay,
yeah
yeah,
just
be
a
conditional
use.
Consideration
is
that
right,
Gary
if
he
wasn't
selling
the
liquor
the
alcoholic
liquor.
If
it
was
just
beer
and
wine,
the
1320
would
be
off
the
table
and
he'd
only
need
to
be
what
the
150.
C
Okay,
now
did
you
guys
and
I
I
know
we're
kind
of
closed,
but
did
you
guys
maybe
make
that
clear
that
Hey
listen?
If
you
weren't
wanting
to
sell
liquor,
it
was
just
beer
and
wine,
a
few
minor
convenience
Goods.
You
wouldn't
need
as
heavy
of
a
lift.
C
C
And
I
see
a
couple
of
things
here
with
you
know
we
not
only
have
the
conditional
use.
We
always
want
to
make
sure
that
alcohol
sales
are
I'm,
not
saying
they're.
Complementary,
like
you
know,
blue
goes
with
yellow
but
they're
they're
not
distracting
to
anything,
and
certainly
we
understand
that
separation
distance
for
things
like
places
of
worship,
Parks
daycare,
but
in
this
case
the
zoning
ordinance
is
separation
from
the
other
liquor
stores.
That's
about
density,
that's
about
not
having
too
many
of
these
all
clustered
in
one
area.
C
I
think
that
that
was
the
intent
when
the
council
put
that
ordinance
together.
So
it
is
a
little
bit
of
yeah
some
separation
from
other
uses.
It
wouldn't
be.
You
know
complementary,
such
as
place
of
worship,
but
certainly
in
looking
at
a
district
or
an
area.
It's
that
density
of
liquor
sales,
and
in
this
case
it
looks
like
yeah.
This
would
be
adding
to
the
density
of
liquor
sales
already
available
with
the
one
that
the
ordinance
is
particular
to
that's
already
approved,
so
I
definitely
have
some
concerns
with
that.
C
This
is
a
building
that
is
relatively
it's
almost
brand
new
I,
always
think
of
pre-code
with
postcode.
There
are
a
lot
of
things
that
have
happened
in
the
last
two
years:
I
didn't
notice,
so
we
have
a
brand
new
building.
This
wasn't
a
liquor
store
before
there
wasn't
alcohol
sales
here
in
the
past
and
maybe
just
closed
down
for
six
months
and
oh
Chucky
done
we
gotta
look
at
this
again.
It
was
billed
as
an
open,
Bay
tenant
building,
so
I
would
think
that
there
could
be
a
thousand
uses
that
could
go
in
there.
C
H
B
C
All
right,
so
we
got
a
motion
by
marlus.
We
got
a
second
by
Rhonda.
All
those
in
favor
of
denial
of
the
conditional
use
and
variance
requests,
raise
your
right
hand,
say:
aye,
okay,
that
motion's
denied
five
to
zero
Arjun
we'd
like
to
see
if
you
could
make
this
work
somewhere,
but
I.
Don't
think
here
is
the
place
so
I'm
sorry,
but
I'd
encourage
you
to
work
with
staff.
If
you
see
other
locations
they
can
help
you
with
that
table
and
Matrix
and
the
separation
distances.
C
But
I
do
appreciate
you
coming
in
and
I
wish
you
well.
You
bet.
Okay,
that'll
bring
us!
Then
item
four
has
been
continued
to
our
December
21st
meeting.
So
we'll
move
on
then
to
item
five,
which
is
a
conditional
use,
permit
request
in
the
vicinity
of
20,
East,
18th,
Street
and
again,
we'll
have
Frank
kick
us
off
with
some
background.
Yeah.
D
The
I
item
five
is
within
the
vicinity
of
20
East
18th
Street,
and
it
is
a
request
for
a
conditional
use.
Mr
Holt
is
asking
for
expansion
of
existing
business
that
involves
outdoor
storage
of
inoperable
equipment,
constituting
a
junkyard
and
dismantling
and
recycling
of
equipment
and
waste
material
to
include
approximately
22
122
square
feet
of
additional
area.
The
existing
operation
is
allowed
by
conditional
use
that
was
granted
on
May
22nd
2013.
D
and
further
amended
on
April
26
2017..
The
appeal
is
for
conditional
use
for
a
junk
and
Salvage
use
and
an
I2
Industrial
District.
D
So
I'll
present
some
site
photos
real,
quick
to
kind
of
lay
out
the
presence
of
the
building
of
the
area,
and
this
is
these:
what
would
be
the
south
side
of
the
facility
along
East
18th,
Street,
more
of
a
straight
on
West,
looking
into
the
facility
from
East
18th
Street.
D
This
would
be
from
the
corner
on
East,
18th,
Street
and
Court
Avenue.
D
D
These
photos
are
looking
directly
east,
and
so
here
here
is
the
existing
facility
as
it
is
today.
It
contains
two
buildings,
totaling,
twelve
thousand
forty
square
feet
used
for
office
and
dismantling
and
recycling
operations,
as
well
as
the
additional
undeveloped
land.
The
subject
property
is
zoned
I2
industrial
district.
It
is
a
7.71
acre
property
and
it
is
located
an
industrial
area
west
of
East
18th
Street
in
the
vicinity
of
multiple
East-West
railroad
lines.
D
I,
don't
know
if
you
can
see
them,
you
can
kind
of
touch
on
those
down
here,
as
well
as
low
density,
residential
area
to
the
north
and
west
Beyond.
These
further
to
the
north
over
here
see
if
I
have
an
aerial
that
and
residential
area
being
up
here.
D
And
so
here
is
the
new
facility
as
they're
proposing,
and
so
the
actual
expansion
of
the
conditional
use
is
going
to
extend
along
here
and
it's
an
L
shape.
You'll
see
it
better
in
the
image,
but
I
wanted
to
talk
about
and
show
you
what
the
ultimate
proposal
will
look
like
when
they're
completed
here
is
the
dismantling
facility
rebuild
facility
and
then
there's
some
parking
and
then
obviously
site
improvements
with
with
Paving
dismantling
operation
will
be.
D
And
so
there
there's
the
history
that
I
mentioned
previously
about
Board
of
adjustment
where
they
were
granted.
The
conditional
use
in
2013.
D
And
then
further
amended
in
2017,
they
did
have
some
enforcement
action
in
early
of
early
part
of
the
Year
April
22
for
non-compliance
with
the
site
plan.
They
have
come
in
and
rezone
the
property,
as
recently
as
August
22nd,
where
they
rezoned
a
portion
of
the
property
from
n3c
neighborhood
District
to
The
Limited
I2
District.
In
order
to
have
that
expansion
of
their
junk
and
Salvage
use.
D
So,
as
mentioned
previously,
the
proposed
expansion
includes
dismantling
and
recycling
operation,
outdoor
storage
of
inoperable
machinery
and
multiple
site
improvements,
including
paved
access
drive
with
site
improvements.
The
applicant
is
also
proposing
an
additional
building
that
would
be
used
for
the
recycling
proposal
and
a
parking
lot
in
future
phases.
I
I
did
want
to
make
note
that
the
remainder
of
the
site
not
covered
by
the
the
proposed
conditional
use
would
be
held
to
the
limitations
of
the
zoning
District
in
place.
D
So
staff
does
believe
that
the
applicant
has
satisfied
the
criteria
for
granting
the
conditional
use
as
long
as
they
operate
in
compliance
with
recommended
conditions.
The
proposed
geography,
location,
operation
of
use
or
activity
adequately
safeguards
the
health,
safety
and
general
welfare
of
persons
residing
or
working
in
a
joint
surrounding
property.
So
long
as
the
site
is
developed
in
accordance
with
an
approved
site
plan
that
satisfies
the
applicable
standards
code,
chapter
135
and
Zoning
conditions
and
ordinance
1646
that
was
recently
approved
in
August.
D
The
proposed
use
would
not
impair
an
adequate
supply
of
light,
an
area
to
surrounding
property.
It
would
not
unduly
increase
congestion
in
the
streets
or
public
danger
of
fire
safety
or
flooding.
The
proposed
use
would
not
diminish
or
impair
established
nearby
property
values.
D
F
B
C
Just
real
quick
Frank:
can
you
throw
the
site
plan
up
there
yeah,
so
some
people
were
concerned
about
East
16th
and
what
I
saw
is
Vine
Street,
but
it
sounds
like
Ingress.
Egress
is
primarily
going
to
be
Court,
Avenue
and
East
18th
and
not
residential
correct.
That
is
correct.
Okay
and
maybe
the
applicant
can
add
to
that.
I
also
see
a
couple:
oblong
shapes
are
those
storm
water
retention
basins.
D
Yes,
they
are
here
up
to
the
what
would
be
the
northwest
corner.
It
is
my
understanding
and
I
would
ask
the
applicant
to
expand.
C
B
B
F
C
Street
Des
Moines
well
in
while
Frank's
trying
to
do
this.
You
know
it
sounds
like
staff's
recommending
General
approval
here
with
some
conditions,
but
again
there's
just
five
of
us
today.
You
have
to
convince
four
of
us.
You
think.
N
You
can
we're
going
to
do
the
best
job.
We
can
okay,
we're
in
a
timeline
and
we've
been
doing,
keep
it
moving
well
14
years,
so
yeah
all
right.
Well,.
C
Certainly,
property.
F
N
How
are
we
doing
I
do?
Have
it
in
paper
form.
B
F
E
N
So,
to
kind
of
clarify
this
little
stretch,
as
he
pointed
out,
is
the
expansion
we
currently
have
it.
It
includes
the
Vine
Street
right
away,
and
these
two
lots.
We've
left
this
area
here,
which
is
over
100
feet
as
a
buffer
and
then,
as
the
code
points
out,
we
have
another
25
foot
of
green
buffer
that
comes
to
the
end
of
Vine
Street.
N
N
We
rented
one
of
those
houses
on
the
corner
out.
One
of
our
employees
lived
in
it
until
we
demolished
it
and
he
used
to
come
back
in
on
the
streets
come
back
and
park
in
front
of
it
used
his
own
restroom
and
that's
where
part
of
this
traffic
back
on
Vine
Street,
that's
been
noted
by
The
Neighbors.
N
That
should
have
quit
about
six
months
ago,
when
this
house
was
tore
down,
but
we
didn't
clue
into
that
until
we,
our
neighborhood
meeting
when
we
actually
talked
about
the
trucks
and
asked
him
if
they
had
seen
him
lately
and
they
said
no,
so
this
is
the
site
plan.
The
reason
that
we
need
to
ask
for
this
conditional
use
is
that
we
need
the
DNR
has
come
and
said
they
would
prefer
us
to
do
our
operations
in
a
building
and
that
it
would.
We
can
control
the
dust
in
the
building.
N
We
can
control
elements
in
the
building
way
better.
We
can
control
water
runoff,
and
so
that's
really
what
we're
doing,
but
in
order
to
do
that,
the
trucks
will
drive
just
keep
rolling
through
here.
This
red
is
the
second
detention
that
runs
along
the
railroad
tracks,
so
the
traffic
pattern
on
the
main
streets
there'll
be
nothing
back
here
on
Vine.
N
This
section
of
here
is
a
non-truck
route,
and
so
the
trucks
will
actually
enter
here,
come
into
the
property
and
exit
on
Court
and
go
back
to
18th.
So
there
won't
be
anything
up
in
the
residential
neighborhood
it'll
be
blocked,
it'll
be
impossible
for
the
trucks
to
go
there.
The
on-site
pattern
here,
which
kind
of
explains
it
more
as
the
trucks
come
across.
They
weigh
on
this
first
scale.
N
They
come
down
turn
around
and
come
back
and
come
up
this
ramp
and
into
the
building
which
so
we
don't
look
to
have
any
congestion
out
on
the
roads
at
all.
With
that
two
or
three
thousand
foot
stretch,
it
should
be
fairly
easy
not
to
have
any
traffic
backed
up
on
18th
Street
and
then,
when
they
exit
court
is
a
boulevard
here.
It'll
force
them
to
go
that
direction
and
back
to
court
I
mean
sorry
back
to
East,
18th
and
out,
so
the
physical
part
of
it
will
Force
traffic
to
stay
out
of
the
neighborhood.
N
The
building
itself
will
be
a
very
tall
building
with
two
layers,
basically
you're,
looking
at
the
top
layer
over
against
other
recycling
centers,
we
hope
to
enter
in
and
dump
our
loads
long
ways,
which
is
the
same
way
as
the
trailers
and
then
exit
at
the
far
end
of
the
building.
N
N
It
only
shows
three
doors,
but
there's
actually
room
for
five
trucks
wide
and
the
last
two
bays
will
be
for
stuff,
that's
transferred
to
Metro
Park
East
and
the
other
three
will
be
for
like
concrete
cardboard,
Steel,
shingles
and
other
recyclables
that
can
come
in
and
out
it's
a
this
picture
shows
a
little
where
they'll
be
entering
into
the
building.
Okay.
So
then
we
get
to
a
lighting
plan.
Here
the
lights
will
all
shine
away
from
the
residential
houses.
N
Everything
will
shine
back
in
on
the
properties
along
that
16th,
where
we'll
have
a
buffer.
This
picture
shows
it
the
best,
but
this
is
16th.
We'll
have
a
berm
that
runs
along
a
row
of
trees
and
then
also
a
fence.
I
do
want
to
point
out
that
we're
only
fencing
to
the
end
of
Vine,
it's
about
a
45
foot
drop
off
off.
K
N
Edge
of
here
we'll
let
nature
take
care
of
that.
If
that's
acceptable.
N
This
is
a
rear
view
from
back
here.
So
we'll
fence
along
the
railroad
will
come
up
after
Street
to
the
hill
again
and
then
they'll
there'll
be
a
ramp
up
into
the
building
distraction.
N
We
are
also
expanding
at
the
same
time
our
sale
of
the
forklifts
and
trucks,
and
so
this
we're
a
dealership
so
we'll
be
using
this
for
display
area
for
the
trucks,
and
this
building
here
will
be
more
for
that.
The
front
office
will
be
used
for
a
scale
house
for
the
exiting
trucks.
N
N
We'll
have
dust
collection
in
a
building,
we'll
also
have
a
boiler
system
to
heat.
The
building
there'll
be
fuel
on
site
for
the
trucks
and
equipment.
N
So
you'll
notice
that
certain
deadlines
have
been
given
a
site
plan
by
December,
approved
site
plan
by
March
and
come
into
compliance
by
December
2023.
N
We're
hoping
to
do
this
in
the
four
phases
and
the
first
phase,
where
we're
out
of
compliance
right
at
the
moment
is
the
red
phase.
We
have
a
fence
on
it
to
slow
the
homeless
down.
We
had
quite
a
difficulty
there
yep,
so
we
have
no
difficulty
with
that
timeline.
As
long
as
we
understand
that
the
red
is
what
will
be
completed
in
that
phase
and
then
phase
two
will
be
hopefully
completed.
N
One
other
thing
that
I
just
like
to
point
up
that
Mr
Cruz,
that
we've
spent
a
lot
of
time
with
Mr
Joe
Gatto
council
member
Joe,
Gatto
axi,
came
to
our
meeting
at
the
first
zoning
meeting
and
worked
with
him
lives
in
this
property
here
and
it's
not
within
250
feet
of
the
conditional
use
side.
But
we
chose
to
send
letters
out
to
our
that
we
own
the
property
all
the
way
to
14th
Street.
So
there's
a
bit
of
a
question
of
who
you
notified,
but
I
think
we
over
notified
I.
Think
that's
all
okay!
C
Very
impressive
yeah
questions
from
the
board.
C
And
I,
just
just
a
couple:
quick
clarification
ones.
You
know
I'm
familiar
with
construction,
C
and
D
waste
General,
Solid,
Waste,
Municipal,
solid
waste.
So
do
I
understand
that
your
facility
might
take
in,
like
you
rent
or
pick
up
roll-offs,
some
roll-offs
might
have
just
trash
garbage
in
them.
That
gets
sorted.
It's
going
to
Metro,
East
you're,
pulling
out
recyclables
salvageables
is.
Is
that
what
this
facility
will
be
doing?
That's.
N
Right
I
should
have
made
that
clear,
but
we're
not
yeah
we're
not
doing
residential
garbage
right.
We're
not
doing
we're
not
seeking
a
permit
to
transfer.
N
N
So
the
drivers
will
have
to
in
their
best
judgments,
yeah
give
us
this.
The
basis
is,
we've
really
been
doing.
This
is
a
recycling
center
for
seven
or
eight
years
more
than
that
I
guess
now,
but
and
the
picture
of
all
that
the
recycling
side
is
what's
listed
like
if
you
read
read
what
the
zoning
says
read
what
the
code
says
and
the
Department
of
Natural
Resources
would
like
you
to
reach
75
percent
recycled,
got
it.
N
Comes
through,
and
so
what's
happened
in
the
city
of
Des
Moines
is
we've
seen
a
failure
that
was
about
where
we're
sitting.
Yes,
we're
here,
we've
seen
one
up
there
because
nobody
can
reach
those
numbers,
it's
just
impossible
right
and
so
by
qualifying
as
a
recycling
center
slash
transfer
station,
then
the
DNR
doesn't
have
to
push
us
to
that
rule
yep,
and
then
we
can.
If
our
numbers
go
higher,
it's
not
an
argument
of
in
practicality
or
you
can't
afford
to
sort
some
garbage.
It's
just.
N
C
N
So
we've
all
yeah
I've
run
a
roll-off
company
for
22
years.
N
C
Because
your
driver
could
just
take
that
roll
off
directly
to
Metro,
East
and
and
unload
there
as
solid
ways
right
in
the
landfill.
That's
right!
Okay,
all
right,
and
are
you
okay,
with
all
the
staff
recommendations
for
approval
there
I
know
there
was
quite
a
list.
C
C
C
Yeah
I,
just
you
know
you
know
not
to
speak
for
any
of
my
colleagues
here,
but
I.
Don't
want
us
to
over
micromanage
certain
aspects
or
phases
like
well.
When
is
the
cul-de-sac
drive
going
to
be
done?
I
need
to
know
that's
phase
one
well,
I
I,
don't
know
how
I
I'd
set
that
on
my
own
today
you
know
you
know
if
it
has
to
be
done
within
two
years
and
there's
four
phases.
Well,
I've
got
six
months
for
each
phase,
see
ya.
I
mean
I.
C
N
Of
the
openings
of
the
fence-
oh
block
as
far
as
opacity,
so
the
conditional
use
is
said,
100
feet
back.
There
has
to
be
a
fence,
and
if
we
go
over
what
that
fence
represents.
N
This
is
in
The
Condor,
current
conditional
use.
We
had
a
40-foot
opening
here,
we'd
be
asking
for
additional
30
foot
there
and
we'd
be
asking
for
approximately
50
feet
here.
N
A
N
F
C
So
on
our
docket
today,
we've
just
got
this
is
a
conditional
use,
request,
no
exceptions
or
anything
like
that
on
fencing
or
screening
requirements
were
provided.
So
I
would
assume
that's
something
that
in
finalizing
the
site
plan
they
could
discuss
or
negotiate.
That
administratively,
is
that
correct.
Okay,.
B
B
C
Exactly
yeah
I've
got
you
okay,
yeah
yeah,
all
right.
We
good
for
your
presentation
all
right.
Thank
you.
Okay.
Anybody
here
to
speak
in
support
of
the
applicant,
seeing
none
anybody
to
speak
and
I'm
sure
you're
supportive
back
there,
anybody
to
speak
in
opposition
or
neutrality.
Seeing
none
do
we
have
further
questions
for
staff.
If
we
do
great
Eric,
do
you
have
some
things
you
want
to
add
or
clarify,
we'll
give
you
that
ability.
L
L
In
addition
to
that,
what
Mr
Holt
was
speaking
to
was
at
the
last
time
this
was
up
for
a
conditional
use
consideration.
You
were
looking
at
standards
that
were
also
in
the
zoning
ordinance
itself,
which
are
no
longer
part
of
the
zoning
ordinance
right.
L
Those
standards
are
I
mean
there's
some
very
basic
Provisions
in
the
code
about
absolute
screening
of
outside
storage
and
so
forth,
but
in
general,
the
standards
of
the
physical
development
are
now
in
the
chapter
135
piece
of
it,
so
I
think
the
best
that
the
board
can
really
do
there
is
to
ensure
that
their
use
is
in
compliance
with
a
approved
site
plan,
Amendment
or
the
overall
site.
L
The
other
thing
that
I
think
was
suggested
and
for
his
protection
if
this
gets
granted,
is
that
you
might
also
put
another
stipulation
that
it
be
in
compliance
with
any
state
license,
that's
necessary
for
recycling
waste
Transfer,
so
that
you
know
we
want
them
to
be
in
good
standing.
And
if
they
fall
out
of
good
standing
with
the
state
requirements,
then
we
want
to
be
able
to
bring
that
back
to
the
board
for
reconsideration
as
well.
So.
L
But
I
think
that's
for
our
protection
as
the
city
and
it's
also
for
their
protection,
because
they
know
that
they
need
to
stay
in
compliance
with
state
requirements
to
be
in
good
standing
with
our
zoning
and.
C
You
have
that
as
a
recommended
condition
is
that
item
15.
any
junk
or
salvage
yard
requiring
a
license
or
permit
well.
L
L
They
have
no
fire
licenses
from
talking
about
for
recycling
and
waste
Transfer.
So,
okay,
the
other
piece
is
they
have
the
the
cell.
They
also
need
a
dealer
license
for
their
forklift
and
right
that
as
well,
so
that
they're
mixing
a
lot
of
activities
here
that
are
putting
layers
upon
themselves,
but
so
there
would
be
a
local
Salvage
license
necessary
and
then
I
believe
the
state
needs
our
approval
on
a
dealer.
Dealer's
license
as
well
right
so
they'll
have
a
dealer's
license
for
their
yeah.
That's.
C
L
I
think,
and
certainly
we
can
draft
the
order
for
you,
but
I
think
the
intent
would
be
that
they
would
be
in
good
standing
with
any
state
yeah
like.
C
What
does
good
standing
mean?
Yeah
well.
C
C
L
C
L
Consider
yeah
I
and
that
really
didn't
come
up
until
Mr
Holt
spoke
to
that
okay
element
and
so
okay
I've
got
you
just
a
thought.
All.
C
Right
anything
else,
Eric
I,
don't
have
anything
else.
Unless
you
can
ask
any
questions.
Okay,
all
right!
Thank
you,
sir
all
right,
so
Mr
Holt,
you
can
close
us
out
here
if
you've
got
a
final
pitch
on
anything
or
want
to
add
any
info.
It's
up
to
you.
You
don't
have
to
say
anything
else,
but
you
can
kind
of
have
the
final
say
here
before
we
go
to
our
deliberations.
N
F
N
I
mean
the
new
industrial,
Plaza
and
yeah.
The
best
way
to
get
something
done
for
the
night
to
the
railroads
is
basically
give
them
something
otherwise,
yep.
C
C
You
know
this
is
more
than
you
know:
we've
seen
a
lot
of
what
I
call
salvage
or
scrap
yards,
but
this
this
looks
like
What
I,
Call
21st
century.
You
know
re
reduce,
reuse,
recycle.
It
sounds
like
this
is
what
we're
trying
to
do
here
and
I
would
but
there's
a
lot
of
site
plan
things
that
go
with
this
and
as
Eric
mentioned,
you
know,
there's
things
we
don't
have
jurisdiction
over.
This
is
the
conditional
use.
C
Is
our
jurisdiction,
you
know:
will
it
generally
fit
in
with
the
neighborhood
or
at
least
be
complementary
again,
not
cause
undue
congestion
or
diminish
property
values?
Air
light
noise?
It
doesn't
look
like
there's
going
to
be
any
of
those
impacts.
They've
accounted
for
that
and
how
they've
put
together
their
operational
and
site
plan,
landscape
barriers,
stormwater
control,
chair.
H
To
to
the
issue
of
the
phases,
yeah
I
mean
they
have
two
years
right.
Is
that
isn't
that
what
usually.
C
C
I
guess,
from
my
perspective,
I
wouldn't
want
to
over
complicate
matters
if
they
say
they
need
to
do
it
in
phases.
I
would
hope
that
they
could
work
with
the
zoning
administrator
and
staff
to
because
I'm,
assuming
that
the
city
wants
certain
things
done
by
certain
time
schedules.
Is
that
correct,
without
getting
into
discussion
here
just
very
briefly
Frank.
Can
you
help
us
with
that?
Why
why?
Why
do
we
need
to
be
concerned
about
if
they
need
to
do
this
in
phases.
C
C
C
I,
don't
know
I,
guess,
I'm
I'm,
looking
to
you
guys
too
I
I,
don't
want
to
over
armchair
quarterback
this
process
Beyond.
What's
the
intent
of
this
it's
to
have
this
Transfer
Facility?
How
will
it
fit
in
I?
Think
it's
been
shown?
Is
this
a
reasonable
conditional
use
yep,
at
least
to
me,
sounds
like
it.
C
Well,
if
we
want
to
turn
the
page
and
work
on
that
I
guess
you
know,
there's
already
an
item
15
that
talks
to
about
that
to
a
certain
degree.
If
that
could
be
slightly
amended
to
say
all
appropriate
permits
and
I
guess:
Gary
you're,
our
attorney
you're
sitting
on
this
side
of
the
board
and
and
as
you
well
know
like
with
the
driver's
license.
Well,
I
can
get
a
ticket,
but
does
that
mean
I'm
a
bad
driver,
I
shouldn't
be
on
the
highway?
C
No,
you,
you
got
a
ticket
that
happens,
that's
different
than
let's
say
an
order
to
cease
and
desist,
or
the
DNR
revokes
a
permit.
If
you
don't
have
a
driver's
license,
yeah
it
got
revoked.
You
better,
not
be
on
the
road.
So
at
what
level
would
we
want
to
have
that
that
they
have
an
appropriate
permit
and
what
it's
in
effect.
M
I
think
you
know,
based
on
the
discussion
that
I've
heard
it
sounds
like
the
board
may
want
to
to
make
that
a
little
more
General
than
it
is
written
in
number
15,
which
would
in
a
sense,
make
it
broader
to
require
appropriate
licensure
from
all
appropriate
agencies
for
the
activities
being
conducted
on
the
premises.
Yeah,
because.
C
O
O
C
C
I
think
in
these
cases,
with
this
kind
of
stuff
be
prepared
to
bring
this
to
the
board.
If
you
have
those
concerns
and
make
that
clear
up
front
but
I
know
Eric
said
that
well,
something
was
mentioned
today
about
well.
If
we
have
this
license
or
do
it
this
way
with
this
percent,
we
do
or
don't
need
this
and
I
don't
want
to
get
into
a
lot
of
detail
with
us
here.
O
O
And
you
know
in
their
business
time
is
money
and
I
think
so,
let's
figure
out
how
to
make
this
easy
and
help
them
succeed
and
not
micromanage.
This
deal
well.
C
I
think
it
sounds
like
if
we
would
amend
15
a
little
to
say
appropriate
license
is
as
needed
with
state
agencies
for
the
management
or
operation
of
materials
handled.
Could
we
write
that
as
part
of
the
dno
with
the
intent
of
the
board
and
then
either
have
it
like
bring
it
back
or
or
or
would
we
need
to
do
that
because
I
I
I
don't
want
to
get
into
hammering
out
direct
language
here.
O
B
C
N
So
if
we
can
finish
phase
one
get
inspected,
get
our
permits
to
that
point
in
life.
Since
that
point,
then
we
can
move
on,
but
we
all
know
that
the
best
intentions
of
getting
everything
done
in
this
current
climate
may
or
may
not
happen,
and
so
my
understanding
earlier,
when
we
went
to
zoning
was
that
was
the
purpose
of
saying
phase
one
two,
three
four:
that
language
was
included
in
the
zoning
application.
N
Step
the
only
thing
that's
been
signed
off
on
so
far.
That
I
know
is
the
two
zoning
that
the
council's
done.
One
zoning
went
through
with
no
no
consequences,
okay,
which
we
agreed
to
go
back
to
counsel
at
Goodwill
to
get
the
consequences
put
on
our
zoning
yeah
because
they
were
forgotten
by
legal,
so
yeah,
but
I
just
want
to
point
out
we're
not
trying
to
work
against
anything.
No,
no,
no.
N
B
C
I
I
guess
and
look
into
my
my
colleagues
here
if
this
is
if
this
is
part
of
the
site
plan,
part
of
the
rezoning
requirements,
all
we're
looking
at
for
this
board
to
look
at
is
the
is
the
use
itself,
something
that
fits
yes,
it's
zoned
for
that
use,
but
still
requires
a
conditional
use
permit
just
or
a
conditional
use,
not
a
permit
anymore
right,
yeah,
just
just
like
taverns,
and
you
know
in
a
General,
Highway
commercial
District,
a
taverns
allowed
with
the
conditional
use
to
me.
That's
all
we're
here
to
do.
C
Okay,
the
final
use
for
this
with
the
little
turnaround
Road
and
how
the
trucks
come
and
go,
and
what
streets
they're
on
could
is
that
going
to
affect
congestion
density
of
the
neighborhood
character,
we've
determined.
It
sounds
like
at
least
in
discussion
num,
so
I
don't
think
this
board's
jurisdiction
should
be
to
well
now.
How
do
we
phase
all
that
in
to
make
the
development
work
to
get
the
occupancy?
Permit?
I,
don't
think?
That's
our
purview
and
I!
C
Think
and
Gary
just
showed
me
here,
and
it
is
on
on
the
record,
the
timetables
through
p
and
Z.
The
roll
call
with
counsel
those
dates
were
established
for
for
the
for
the
project
to
meet
for
zoning.
So
if
that
needs
to
be
changed
or
it
needs
to
be
amended,
I
think
that's
a
p
z
issue.
I,
don't
feel
that's
an
issue
for
us.
We
had
a
couple
people
in
the
past
over
the
years
that
we
said
well.
You've
got
to
pave
that
200
feet
right.
C
M
C
C
M
However,
if
you
can
fix
this
area,
that
and
I
guess
like
just
for
the
board's
information,
the
rezone,
the
conditional
rezoning
that
was
approved
by
the
council
back
in
August,
contained
those
same
deadlines.
So
if
they
don't
comply
with
those
deadlines,
then
they're
subject
to
a
rezoning
to
a
less
intensive
use
right,
which
you
know
may
have
the
same
effect
as
if
it
was
violated
in
the
conditional
use.
Permit.
C
C
C
M
Yeah
I
don't
see
why
not?
Okay.
C
And
again,
I
don't
want
to
put
you
on
the
spot,
but
do
you
feel
that's
a
better
remedy
than
this
board
trying
to
dictate
when
all
that's
done?
In
essence,
they
have
two
years
in
our
book.
I.
C
O
M
C
Pnz
would
have
the
authority
to
amend
or
recommend
right
the
date
that
the
approved
site
plan
must
be
brought
into
conformance
with
they'd.
Have
the
ability
to
do
that
and
Council
would
review
it
and
determine
if
they.
H
G
C
All
right
so
we're
we're
done
with
any
further
input.
So
Justin
has
a
motion
to
Grant
the
conditional
use,
subject
to
staff
recommendations
and
amending
item
15
to
relate
to
any
necessary
state
permits,
including
any
related
management
of
waste
materials.
All
the
waste
Etc
right,
okay
and
marles.
O
C
Yeah
all
right
marvelous
is
that
good
for
you
all
right
so
motion
by
Justin,
second,
by
marvelous,
good,
with
the
our
board
attorney
for
our
intent.
Okay,
all
right.
All's
in
favor
of
granting
the
conditional
use
permit
requests
with
the
conditions,
as
noted
raise
your
right
hand,
say:
aye
aye,
all
right
that
carries
five
zero.
We
like
what
what
you
want
to
do,
I'd
say
get
get
to
it.
C
So
that's
what
we
can
do
for
you
today
if
you've
got
other
questions,
talk
to
staff
here
next
week,
when
that
dno
comes
out
so
okay,
we
have
two
important
things
to
do:
Justin
I
know
you
want
to
get
on
the
road.
We
got
two
quick
important
things
to
do
here:
okay,
a
proxy
vote.
One
is
one.
One
is
just
just
real
quick.
If
you
were
here
last
month,
if
you've
reviewed
the
minutes,
are
there
any
changes?
C
If
none,
if
you
were
here
last
month,
would
there
be
a
motion
to
approve
the
minutes
motion
by
marvelous?
Second,
by
Ronda,
all
those
in
favor
we're
here
right
hand
motion,
carries
five
zero,
so
real
briefly
for
a
number
of
years
now
you
know,
there's
been
the
city
code
relating
to
more
things
related
to
alcohol
sales,
what
districts
they
can
be
in
separations
distances,
things
related
to
alcoholic
liquor.
C
Certainly
beer
and
wine
generally
have
alcohol
in
them,
but
we've
seen
in
the
last
year
and
including
and
even
recent
months
while
we
understand
the
intent
of
that,
we
we
don't
want
to
have
a
liquor,
store
every
500
feet
on
some
of
our
major
thoroughfares,
but
we've
had
some
folks
that
I
think
have
gotten
caught
up
in
the
cogs.
We
have
Dave
you
you
were
here
for
one
but
I,
think
you
missed
another
hearing.
C
We
had
some
restaurants
that
were
next
to
a
park,
but
at
the
far
end
of
the
park
they
might
have
been
an
Austrian
German
restaurant
years
ago
we
gave
him
a
conditional
use
to
have
beer
and
wine.
It
just
required
review
by
the
board
because
of
the
separation
distance
to
make
sure
it
was
going
to
be
commensurate,
but
with
the
change
in
the
recent
law,
nope
can't
do
a
conditional
use
permit
on
a
lot
of
these.
C
C
So
as
a
board
about
three
months
ago,
we
had
said,
could
we
ask
City
staff
to
review
the
ordinance
and
maybe
make
some
reasonable
changes
where
we
could
allow
things
like
just
beer
and
wine
at
restaurants,
or
some
of
the
limited
retail
sales
places
just
beer
and
wine,
with
a
conditional
use,
permit
even
conditional
use,
even
if
they're
within
that
radius,
because
right
now
the
variance
just
cuts
them
off,
and
we
had
one
restaurant
that
said
well
I'm
going
to
have
to
close,
if,
if
I
can't
offer
a
beer
with
with
a
meal,
and
it
just
it
just
seemed
that
the
intent
was
good
but
how
it's
carried
out,
but
a
lot
of
businesses
kind
of
in
a
bad
place,
so
understanding
some
of
our
discussion,
I
drafted
a
letter
I,
had
our
attorney
look
at
it
to
make
sure
that
the
way
I
was
proposing.
C
This
was
clear.
This
wasn't
about
having
staff
agree
or
everybody
agree.
It
was
just
is
what
I'm
saying
clear
for
the
districts
that
I
noted
and
I
was
listening
with
the
ears
here
to
you
all
and
putting
this
together.
So
what
I'd
want
to
do
here?
This
was
sent
out
earlier
by
Frank,
so
I
just
wanted
everybody
to
look
through
it.
Quick.
C
C
The
impression
is
I
think
staff
would
be
willing
to
look
at
it
and
maybe
recommend
some
minor
changes,
but
we
fully
understand
things
like
alcoholic
liquor,
yeah
nah,
that
probably
doesn't
make
sense
if
you
can't
handle
a
restaurant
with
without
a
big
mixed
drink.
Well,
sorry,
so
does
anybody
have
any
thoughts
on
that
or
the
draft
letter?
You
feel
that
meets
the
intent
of
what
our
concerns
were.
C
Man,
wow
I'm,
not
an
attorney
so
I'm
I'm
flattered,
but
but
but
again,
I
I
made
sure
that
our
board
attorney
I
didn't
have
anything
in
here
that
was
incorrect
for
districts
or
distances,
or
things
like
that.
But
but
I
I
think
you
know.
If
we
wanted
to
look
at
a
site
if
it
was
right
next
door
to
a
child
care
facility
yeah,
let's
take
a
close
hard
look
at
it,
but
but
right
now
we
can't
even
look
at
it
unless
we
give
a
variance
waiver
and.
K
C
All
know
the
variance
test
is
a
difficult
one,
so,
okay,
well
I,
don't
have
a
direct
time
frame
in
there.
This
would
just
be
if
staff's
doing,
reviews
of
the
ordinance
I
think
they
do
that
periodically.
This
is
something
they
could
work
into
that
review.
I,
don't
know
who
will
help
some
of
the
people
that
recently
were
in
front
of
us
that
that
maybe
it
didn't
swing
their
Direction
Bert.
I
I
There's
no
timetable
set
for
it,
but
I
expect
it
would
be
next
year.
Mid-Year,
we'll
do
a
holistic
review.
We've
been
keeping
a
list
of
amendments
to
Chapters,
134
and
135.
That
staff
would
like
to
see
so
again
there's
just
a
lot
of
other
things
that
are
taking
up
staff
time.
Sure
now,
but
sure
I
know
it's
on
the
agenda
too.
C
Yeah
yeah
and
I
I,
if
that's
reasonable,
for
our
intent,
yeah
we're
not
trying
to
get
to
the
front
of
the
line,
but
right
the
the
floodway
district
thing.
We
reviewed
that
a
couple
years
ago.
Yeah,
you
know:
if
you've
got
a
business
that
otherwise
exists,
you
should
be
allowed
to
have
a
sign
on
it
and
I
think.
Did
you
incorporate
that
into
the
ordinance
already
yeah.
C
C
Check,
okay,
all
right
most
motion
by
marvelous,
yeah,
yeah
Dave.
You
want
to
do
a
fourth
yeah.
Well
then,
let's
make
that
official
we
got
a
motion
and
a
second
marvelous
and
Justin.
All
those
in
favor
raise
your
right
hand
say:
aye.
Aye.
All
right
motion
carries
five
zero.
We
appreciate
everybody
helping
us
take
a
peek
at
this
okay,
any
other
business
Frank.
Are
we
good
yeah?
Okay,
all
right!
This
hearing
is
adjourned.