►
From YouTube: 2-23-22 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, February 23, 2022.
View the agenda: https://DSM.city/ZBOAatHome
A
C
C
C
We
have
seven
board
members.
I
think
we
have
six
today
we
might
have
a
seventh,
not
sure,
but
I'll
go
ahead
and
introduce
those
of
us
that
are
here
today
on
the
audience's
left.
We
have
nathan
blake
next
to
him
is
justin
gross.
Next
to
him
is
marlos
jones
on
the
audience's
right
we
have
dave
gere
next
to
him
is
rhonda
cedillo
and
I'm
mel
pins.
C
The
board
chair,
I'll,
introduce
our
city
staff,
who
will
be
assisting
us
today
to
my
left,
is
the
board
of
adjustment,
legal
counsel,
judy
parks,
cruz
out
here
to
the
left
at
the
front
of
the
audience
is
frank:
dun
young
senior
city,
planner,
bert
drost,
deputy
planning,
administrator
and
eric
lundy
city,
zoning
enforcement
officer,
tyler
hall
right
here
in
front
of
me,
is
our
meeting
moderator
and
I'll
go
ahead
and
cover
our
meeting
procedure
here
today.
For
some
of
you,
this
may
be
your
first
time
in
front
of
the
board.
C
C
C
C
C
They
will
be
considered
for
approval
in
accordance
with
the
staff
recommendations,
unless
the
appellant
does
not
agree
to
the
conditions
recommended
by
staff
or,
if
there's
an
individual
in
the
audience,
or
a
board
member
that
requests
that
the
item
be
removed
from
the
consent
agenda,
so
that
a
full
discussion
on
the
matter
can
occur
and
I'll
come
back
to
that
consent
agenda
here.
In
just
a
few
minutes
for
the
regular
portion
of
the
agenda
after
an
item
is
announced,
city
staff
will
first
give
a
brief
overview
of
the
appeal
and
they'll
present.
C
C
This
will
be
their
one
and
only
opportunity
to
address
the
board
on
that
agenda
item
once
all
concerned
citizens
have
spoken,
the
board
will
then
ask
any
additional
questions
of
city
staff.
Finally,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
other
closing
comments
if
they
so
choose.
C
C
C
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.
C
You
may
contact
city
staff
after
the
hearing
if
you
would
need
a
copy
of
anything
as
part
of
any
one
presentation
for
housekeeping
items.
We'd
ask
that
you
please
avoid
any
undue
conversation
in
the
audience
so
to
as
limit
distractions
during
the
hearing
that
is
in
progress,
ensure
your
cell
phone
has
been
silenced
and
if
you
need
to
use
a
restroom
just
leave
through
the
doors
here
stay
to
the
right
of
the
staircase,
you
don't
have
to
go
back
downstairs.
C
There's
restrooms
just
past
the
staircase.
Once
the
agenda
item
you're
interested
in
has
been
completed,
you're
welcome
to
leave
the
hearing,
and
while
we
shouldn't
have
to
worry
about
it
today,
we've
got
a
relatively
short
agenda.
We
will
have
a
break
in
the
meeting
around
three
o'clock
for
about
five
minutes
if
that
might
be
needed.
C
C
Staff
would
be
in
favor
of
granting
approval
of
those
subject
to
their
staff
recommendations,
which
might
have
a
few
conditions
that
go
with
that.
So
I'm
going
to
read
through
each
of
these
briefly
and
if
there's
anybody
in
the
audience
who
would
not
agree
with
the
board
granting
the
requested
conditional
uses
or
zoning
exceptions
on
the
items
that
I
reference
here,
please
just
raise
your
hand
when
I
read
the
item.
We'll
then
remove
it
from
the
consent
agenda
and
then
we'll
hear
it
and
take
testimony
on
that
item.
C
So
our
first
item
is
item
one.
It's
a
conditional
use
permit
request
related
to
the
board
of
waterworks
trustees
at
2573
whole
avenue.
Is
there
anybody
in
the
audience
who
would
be
opposed
to
granting
the
requested
conditional
use
in
item
one?
C
If
so,
just
raise
your
right
hand
all
right.
Seeing
none
item
two
is
a
conditional
use
permit
request
at
2456
east
euclid
avenue
from
the
raccoon
valley
investment
company.
Anybody
here
in
the
audience
opposed
to
granting
this
conditional
use
for
item
two.
Just
raise
your
right
hand.
If
so
seeing
none
item.
Three
is
a
zoning
exception
request
at
1408
locust
street
by
herd
plasmas
llc
anybody
here
that
would
be
opposed
as
related
to
signage.
Anybody
opposed
to
granting
a
zoning
exception
at
this
address.
Just
raise
your
right
hand,
seeing
none
board
members.
C
Anybody
here
opposed
to
items
one
through
three
on
the
consent
agenda.
C
If
so,
please
state,
if
not,
would
there
be
a
motion
to
grant
approval
of
items
one
two
and
three
on
the
consent
agenda
motion
by
marvelous
second,
by
ronda?
Okay,
all
those
in
favor
of
approving
items,
one
two
and
three
as
presented
on
the
consent
agenda,
raise
your
right
hand
say
hi,
all
right!
That
motion
carries
six
to
zero.
C
C
D
Good
afternoon,
chair
members
of
the
board-
frank
dong,
young
city
planner-
the
project
in
front
of
us
today
is
the
appellant.
Is
life
serve
blood
center
at
431
east
locust
street?
The
proposal
is
installation
of
five
window
signs
that
are
13.5
feet
by
19.5
feet,
263.25
square
feet
each
where
each
window
sign
would
cover
100
percent
of
the
window
that
it's
placed
on.
D
D
The
site
itself
is
zoned
dx2
and
it
covers
the
entirety.
A
majority
of
the
block
in
between
east
4th
and
east
5th
street.
A
D
D
D
With
the
appeal
that's
in
front
of
us,
the
the
peel
is
is
proposing
to
install
the
window
signage
to
cover
25
percent,
the
the
requirement
and
in
the
downtown
area
you
know,
requires
a
maximum
of
25
percent.
Of
that
the
window
covering.
Would
the
appellant
has
indicated
that
the
window
covering
would
provide
both
security
and
privacy
for
the
24-hour
operation
that
exists
on
site.
D
Because
some
of
the
windows
are
close
to
that
ground
floor
and
because
it
is
24
hours,
the
coverings
of
the
windows
would
help
aid
in
some
of
that
process.
That
takes
place,
whether
it's
confidential
information
or
or
whether
it's
just
the
security
of
folks
that
are
working
in
those
late
hours.
D
Staff
does
recommend
denial
of
the
type
2
zoning
exception,
as
requested
which
they're
requesting
100
of
the
window
coverage.
However,
staff
does
recommend
approval
of
an
alternate
type
2
design.
Only
so
long
as
window
coverage
with
the
signage
is
no
more
than
37.5
percent
of
the
five
windows
proposed.
D
This
is
a
kind
of
a
typical
benchmark
for
staff
to
examine
these
types
of
requests
and
what
staff
would
be
comfortable
approving
anything
beyond
that,
the
we
bring
to
the
board
for
consideration
of
approving
something
that
would
be
greater
than
that
staff,
with
the
recommendation
of
that
alternate
type,
2
exception
would
require
that
any
signage
be
installed
by
a
licensed
signed
contractor
in
accordance
with
signed
permit
issued
by
the
permit
and
development
center.
D
I
would
like
to
note
that
this
is
the
consent
map
and
we
did
receive
comment
cards,
all
of
which
were
in
support
of
a
life
service
request.
A
C
E
B
D
Definitely
with
within
the
downtown
area,
we
we
look
for
a
sense
of
place
and
a
portion
of
that
is
being
able
to
have
those
windows
open
to
make
that
connection
from
the
building
to
the
to
the
to
the
street
itself.
So
we
look
for
that
connection
to
be
made.
We
do
have
building
requirements
that
have
maximum
transparency,
for
instance,
and
so
to
what
what
the
code
attempts
works
strongly
to
do
is
make
that
connection
of
having
that
presence
of
of
people
that
are
occupying
the
buildings
with
the
street
frontage,
the
streetscape.
B
D
Is
correct,
okay
and
and
so
25,
and
so
what
staff
25
of
the
window
covering
is
our
is
the
requirement,
and
so
staff
looks
at
that
and
and
what
is
reasonable
and
you
know
for
staff
to
consider
and
we
we
look
at
50
of
the
maximum,
as
as
what
we
feel
is
reasonable
for
staff
to
consider.
F
F
D
Yeah,
so
these
these
are
what's
being
proposed,
moving
over
to
you
in
the
image
here,
and
so,
if
you
had
a
line,
that's
50
percent.
That
would
probably
be
37.
D
So,
let's
imagine
if
you
could
see
that
cursor
that
cuts
across
that's
about
37
or
50
percent
of
the
window.
So
if
you
drop
down
to
roughly
about
here,
is
where
that
37.5
would
get
you
so
so
there's
you
know
a
little
more
than
60
percent
of
the
window
above
that
would
be
left
or,
however,
they
decided
to
occupy
that
37.5.
D
C
Other
questions
for
frank
anybody
from
the
right
side
of
the
counter
frank.
I
did
want
to
follow
up
on
something
that
nathan
referenced
so
yeah.
It
looks
like
signage
kind
of
covers
100
percent
of
the
windows
just
conversationally,
I'm
assuming
that
was
pre-existing
signage
to
the
best
of
your
knowledge
or
anybody
else's
from
staff
under
old
ordinances.
Would
that
have
been
allowed
or
do
we
know
if
it
was
quote
in
compliance
with
the
old
signage.
D
C
Right-
and
I
know
we'll
have
an
opportunity
for
eric
to
speak
here
in
a
minute,
but
maybe
he
can
help
us
with
that
too.
So,
okay,
great,
okay,
anything
else
for
frank,
then
all
right!
Thank
you,
sir.
Okay.
So
the
way
the
hearing
works
now
the
applicant
has
an
opportunity
to
address
the
board,
whoever
they
would
like
to
make
their
presentation.
G
Okay,
thank
you.
My
name
is
danielle
west
and
I'm
the
director
of
pr
marketing
at
life
cert
blood
center.
Our
address
is
431.
East
locust
street
we've
had
these
graphics
up
since
2006..
That's
us
back.
As
far
as
I
know-
and
I
have
a
picture
of
that
if
you'd
like
to
see
that,
but
just
to
answer
that
question
so
life
serve
blood
center.
Is
your
non-profit
community-based
blood
center.
We
are
the
sole
provider
of
all
blood
products
to
all
of
our
hospitals.
G
G
G
As
you
may
know,
we
are
moving
our
corporate
headquarters
to
johnston
in
q1
of
2024,
so
we
do
have
two
more
years
in
our
current
facility
here
in
the
east
village,
we
decided
to
fully
cover
these
windows
for
a
number
of
reasons,
the
main
one
being
the
safety
and
security
of
our
team
members
as
frank
mentioned,
who
are
in
our
facility
24
hours
a
day
seven
days
a
week.
Our
lab
is
on
the
main
floor
and
that
is
what's
open,
24
hours
a
day
for
our
hospital.
G
So
there
are
people
in
that
building
all
the
time.
Our
hospital
services
laboratory
is
on
the
main
floor
with
the
windows
that
face
locust.
Our
lab
is
24
hours,
24
7
operation,
we've
already
had
two
security
concerns
with
one
break-in
in
just
the
past
year
in
the
east
village,
our
team
feels
safer,
knowing
that
people
on
the
street
can't
see
in
to
see
what
they're
doing
all
the
time
due
to
the
high
pedestrian
traffic
in
these
village.
G
In
2020,
the
des
moines
police
department
was
called
upon
about
a
break-in
that
occurred
overnight
when
a
gentleman
left
a
bar
in
the
east
village,
and
proceeded
to
walk
around
our
entire
building
and
then
found
our
employee
entrance
on
the
west
side.
Luckily,
he
could
not
see
how
many
people
were
inside
what
we
were
doing
or
where
we
were.
He
did
have
a
weapon
and
continued
to
attempt
to
break
in
since
this
incident.
G
Since
this
incident,
this
has
created
a
higher
level
of
concern
for
our
team
members
and
our
organization,
we're
thankful
that
they
could
not
be
seen
that
night,
but
that
is
a
continuing
concern
for
us.
Additionally,
we
put
these
window
coverings
up
to
be
courteous
of
our
neighbors.
We
are
handling
blood
products,
24
7
and
that's
a
little
bit
different
than
most
of
the
businesses
in
the
east
village.
So
we
we
like
to
cover
it,
so
people
can't
see
that
as
they're
walking
up
and
down
locust.
G
Finally,
the
window
coverings
are
also
protecting
our
medical
area
and
break
room
on
the
second
floor.
So
this
covers
our
first
floor
and
second
floor.
On
the
second
floor,
the
break
room
is
used,
24
7
by
our
team
members
and
volunteers.
The
medical
area
is
also
where
our
therapeutic
team
is
housed.
G
If
we're
forced
to
remove
the
window
graphics,
this
will
also
cost
us
approximately
twenty
five
to
thirty
thousand
dollars
to
do.
Not
only
will
we
need
to
remove
the
graphics,
but
we
do
have
two
cracks
in
our
windows
that
we
noticed
when
we
did
our
cover
up
in
april
of
2021
they're,
two
different
windows,
and
last
time
we
quoted
out
that
work.
It
was
about
fifty
three
hundred
dollars
for
just
one
window
to
be
replaced.
G
G
We
use
window
graphics
versus
blinds
due
to
heavy
regulations
put
on
us
by
the
fda
and
the
european
union.
They
both
have
very
strict
standards
on
cleanliness
of
our
space
and
blinds
are
not
approved
because
of
the
dust
buildup
that
occurs
with
the
extreme
delays
and
supply
chain.
We
are
fearful
that
windows
and
graphics
will
not
be
able
to
be
replaced
for
another
six
months
to
a
year
with
us,
leaving
in
2024.
C
G
G
C
C
G
C
C
Yes,
so
yeah,
so
you're
kind
of
in
violation
for
a
number
of
reasons
here,
and
it
sounds
like
you're
kind
of
aware
of
that
that
at
one
time
it
might
have
been
legal
to
do
this,
it
may
not
have
been,
but
if
you
had
a
permit
initially
yeah
when
you
replace
signage,
you
got
to
comply
with
the
ordinance
at
hand.
C
You
know,
I
always
say
it's
better,
to
ask
permission
than
ask
for
forgiveness:
we've
all
heard
that
in
life,
usually
from
our
parents
but
by
the
same
token,
if
we
were
inclined
to
grant
the
exception
that
you're
requesting
to
allow
the
signage
to
remain
because
that's
what
you're
asking
for
right.
Yes,
you
aren't
asking
to
put
up
signs
now.
You
just
want
to
keep
what
you
did
put
up
in
21..
Yes,.
G
C
Yeah,
if
we
were
inclined
to
say
well,
okay,
fine,
we'll
grant
you
an
exception,
but
you
can't
replace
it
any
further.
You
can't
repair
it
any
further,
and
maybe
we
have
an
expiration
date
that
if
you're,
if
the
signs
are
there,
past
2025
you're
going
to
have
to
take
them
down
yes
and
if
you're
not
there
after
2025,
then
the
exception
would
expire
or
something
like
that
right,
yep
yeah,
I'm
not
saying
that's
the
way
that
this
would
go
sure,
but
you're
not
planning
on
adding
any
more
signage.
C
G
Oh
and
I
I
did
want
to
address
another
question
that
was
asked
about
the
windows
and
the
the
37
or
whatever
that
specific
percentage
was.
I
don't
think
I
think
those
lower
windows
on
this
photo
is
our
lab,
and
so
I
think
you
would
still
see
some
of
it'd
be
the
ceiling
of
the
lab,
but
you
would
still
be
able
to
see
into
part
of
the
lab
so
just
to
answer
that
that
question
that
you
had.
B
G
E
F
F
C
All
right
well,
thank
you
for
taking
our
battery
of
questions
here,
we'll
let
you
sit
down
for
a
few
minutes.
Thank
you.
You
bet.
Is
there
anybody
here
who
wishes
to
speak
in
support
of
the
applicant's
request?
If
you're
here
to
speak
in
support,
you
can
have
up
to
five
minutes
come
on
up.
We
just
need
your
name
and
address,
and
then
you've
got
the
floor.
J
My
name
is
donovan
chestnut
chestnut
science
des
moines,
iowa
971
northeast
broadway.
I
did
not
plan
to
speak
today.
I
just
this
was
on
the
agenda
after
our
consent,
but
I
wanted
to
add
a
couple
of
points
I'm
in
full
favor
of
signage,
so
I
would
be
in
support
of
this.
With
a
few
exceptions,
I
I
will
say
from
the
owner's
standpoint:
they
probably
hired
somebody
that
told
them
they
were
getting
a
permit.
E
J
Deal
with
this
all
time
with
pull
permits
regularly,
I
don't
agree
with
some
of
the
code
changes
that
affect
new
business
owners.
This
one
of
chain
wouldn't
have
changed
enough
to
affect
the
business
owner.
They
assumed
they
had
a
permit,
they
didn't
know
they
were
at
fault.
I
think
sometimes
the
business
owners
can
be
get
in
trouble
for
that.
You
know,
and
they
spent
a
lot
of
money
on
this
just
to
be
told
to
take
down.
I
don't
think
it's
necessarily
fair
because
they
thought
they
were
doing
the
right
thing.
J
J
It's
100
covered
right
now,
we've
seen
some
things
where
you
can
just
take
the
copy
as
the
square
footage
and
not
consider
the
blue
and
their
logo
has
signage.
So
that
could
be
something
if
you
want
to
say:
hey
we're
only
going
to
cover
it
with
signage
25.
I
don't
know
how
the
code
reads
if
it's
window
covering
or
if
it's
window
covering
based
on
considered
signage,
that's
something
you
could
you
could
look
at
and
say,
look
we're
just
kind
of
considering
the
copy
as
signage
and
the
remainder
is
considered
artwork.
J
You
can
remove
the
white
background,
but
I
think
she
addressed
the
fact
that
you'd
still
expose
some
of
that
second
story,
and
I
I
can
understand
if
you
need
to
have
privacy
issues,
I
don't
agree
with
the
privacy
because
you
can
see
through
this
at
night
when
the
lights
are
on.
However,
if
I
she
did
raise
a
good
point.
If
I
looked
across
the
street,
this
is
mixed
use
across
the
road.
J
I
wouldn't
want
to
look
in
there.
If
this
was
downtown
where
it
was
all
commercial,
then
I
understand
it's
you're
you're
looking
into
commercial
businesses,
but
this
is
mixed
use.
I
wouldn't
want
to
see
in
that
building,
so
I
think
from
courtesy
to
your
neighbors.
I
do
think
that
this
does
look
nice
to
be
covered
as
opposed
to
those
windows.
J
You
made
a
point
of
putting
an
exception
if
they
were
still
there
in
2025.
Put
a
timeline
to
this,
I
would
based
on
those
points.
I
would
say
that
if
they
were
still
occupied
occupants
that
that
should
not
be
put
into
place,
they
should
still
have
the
authorization
to
keep
that
as
long
as
they
occupy
the
land.
J
However,
my
first
concern
was
if
they
did
leave,
how
does
that
affect
the
next
tenant,
because
now,
all
of
a
sudden,
it's
allowing
signage
that
other
people
are
not
allowed
and
they
have
a
different
circumstance,
there's
no
privacy
issues
and
those
types
of
things.
So
I
do
think
if
they
stay
occupied,
then
an
expiration
date
would
be
unfair
to
them.
J
I
think
that's
everything
that
I
would
have.
I
do
think
the
code
does
require
a
signed
permit
if
anything
changes,
even
though
logos
and
that
sort
of
things
happen.
So
I'm
not
sure
why
permit
wasn't
pulled
again,
not
at
their
fault
had
you
hired
chestnut
science,
we
would
have
pulled
the
permit
and
I
would
have
told
you
at
the
time
that
this
wasn't
going
to
be
approved.
J
However,
that's
my
guess
is
knowing
not
knowing
who
did
this
the
ones
that
can
do
this
typically
are
pretty
confident
and
pretty
reliable
custom
companies
and
they
may
not
have
realized
that
they
needed
a
pull
permit
for
just
the
logo,
change,
maybe
an
experience,
and
maybe
they
just
felt
like
they
were
just
going
to
try
to
pull
fast
one.
I
don't
know,
but
that's
that
I
can
guarantee
you
well
I'd
like
to
believe
that
lifeserve
is
not
aware
of
that.
J
H
J
From
my
industry,
not
that
I
know
yeah,
I'm
sorry,
yes,
there
you
could,
you
could
put
a
frost,
yeah
or
something
of
that
nature
up.
Yes,
you
could
do
that,
but
I
think
what
their
concern
is
right
now
is
the
cost.
These
things
are
not
cheap.
As
she
said
it
was
like
fifteen
thousand
dollars
they
spent
it
would
cost.
J
I
don't.
These
are
not
exaggerated
numbers.
This
is
not
type
of
work.
I
do
so
I'm
not
even
trying
to
gain
business
here,
but
I
would
say
that
yes,
15
000,
to
put
that
up
reasonable,
30
000
to
replace
it
with
something
different.
It's
probably
pretty
reasonable.
So
it's
a
pretty
big
expense.
Yes,
you
could
put
up
just
a
frosted
type
of
vinyl
on
the
outside
and
you
could,
but
it
wouldn't
be
transparent
right.
J
A
C
H
C
To
say,
I
appreciate
your
comments
here
just
in
general,
and
the
one
thing
that
I
do
want
to
hit
on
is
not
to
pick
on
different
sign
companies,
but
it
sounds
like,
even
if
you
had
a
long-term
client
that
you've
done
three
or
four
sign
jobs
before.
If
they
wanted
you
to
update
signage,
you
would
inquire
and
see
if
a
permit's
needed
or
you
would
take
out
the
permit
first
and
if
maybe
the
signage
proposed
by
your
client
was
not
in
conformance.
C
C
Exactly
that's
the
biggest
lesson
that
I
sometimes
get
out
of
testimony,
so
we
can
share
with
other
people
who
might
be
watching
is
always
check
first
right,
I
know.
Sometimes
we
take
things
for
granted
or
we
make
assumptions,
but
it's
always
best
to
check
and
if
somebody's
a
licensed
signed
contractor
in
the
city
and
knows
they
need
to
get
signed
permits
like
you,
then
we
can
at
least
deal
with
these
things
before
they've
occurred,
which
is
always
helpful.
C
C
You
sticking
around
for
this
part
of
the
year.
Thank
you.
You
bet.
Thank
you,
okay!
Is
there
anybody
else
who
wishes
to
speak
in
support
of
the
applicant's
request?
Anybody
else
all
right,
seeing
none
anybody
that
wishes
to
speak
in
opposition
to
the
applicant's
request
or
anyone
that
just
wants
to
speak
in
neutrality
all
right!
Well,
let's
hear
from
the
zoning
enforcement
officer,
I
think
that's
the
next
step
if
he
would
like
to
add
anything.
That's
mr
eric
lundy.
I
Mr
chair
members
of
the
board
eric
lundy
zoning
enforcement
officer
prior
to
the
new
code,
as
we
call
it,
it's
not
even
new
anymore,
the
current
code.
I
should
call
it
in
20,
which
was
adopted
in
december
of
2019.
I
Generally,
if
it's
considered
visible
through
the
back,
you
know
through
the
window
it's
still
considered
in
the
window,
even
if
it's
not
physically
touching
the
window.
So
you
know
your
neon
signs
in
the
bars,
probably
hang,
maybe
an
inch
or
two
from
the
window,
but
they're
still
subject
to
the
same
standard.
The
standard
came
about
through
the
plan,
dsm,
which
again
frank,
had
touched
on
the
the
desire
to
open
retail
and
office
space
that
was
at
street
level
to
the
street.
I
I
I
guess
the
other
way
to
kind
of
look
at
this
is
if
there
was
the
intention
to
allow
signs
as
large
as
what
you're
seeing
on
the
screen
to
cover
windows.
You
know
that
would
defeat
the
the
square
footage
limitations
that
we
put
on
wall,
mounted
signs
and
and
freestanding
signs.
So
there's
that
piece
of
it
too
not
letting
a
loophole
occur
for
the
amount
of
signage
you
end
up,
getting
the
benefit
of
again
we're
not
into
content.
I
So
to
answer
the
question
that
might
have
come
up
in
your
minds:
there
probably
was
never
a
permit
required
for
what
lifeserve
and
their
predecessor
were
doing
since
the
mid
2000s,
and
at
that
time
they
may
have
even
inquired
with
the
city,
and
at
that
time
they
would
have
been
told
you
know
anything
on
the
inside
is
fair
game
on
the
outside.
We
would
have
allowed
artwork
and
I
think
some
of
the
early
renditions
of
this
probably
didn't
have
any
kind
of
commercial
speech
to
them.
I
They
were
probably
just
images
that
were
considered
artwork,
but
we
also
didn't
regulate
the
opacity
of
the
windows,
so
that
was
acceptable
again.
They
would
probably
change
them
out
periodically
over
the
years
without
need
for
sign
permits,
so
probably
not
a
very
big
mystery
as
to
why
they
just
proceeded
the
way
they
did.
I
So
based
on
that,
then
we
we
sent
out
notice,
saying
these
require
permits
and
then,
when
they
inquired
about
the
permits,
then
of
course
the
amount
of
relief
was
you
know
came
into
play
as
well,
so
that
that's
what's
gotten
us
to
this
point.
I
Is
that
they're
trying
to
do
the
right
thing
by
getting
approval
of
what
they've
already
done
to
allow
it
to
continue,
but
from
our
perspective
as
staff,
of
course
we're
looking
at
it
in
terms
of
the
overall
intent
of
why
we
have
this
provision
in
the
code,
so
those
are
the
two
things
that
you're
you're
faced
with
here.
I
guess
I'll
answer
any
questions.
If
you
have
them,
I
don't
need
any.
C
I
Yes,
it
should,
but
I
would
say
if
they
replace
signs,
then
they're
they
don't.
The
replacement
of
sign
is
a
isn't
a
trigger.
That
really
starts
from
scratch
again.
So,
if
that
you
know
they
could
keep
these
transfers
up
in
perpetuity,
I
suppose,
if
you
let
it
run
with
the
land,
but
it's
the
normally
it's
the
changing
out
or
the
amount
of
alteration
that
triggers
go
ahead.
Conformance
again,
thanks.
E
I
would
add
to
that.
I
have
seen
at
least
in
one
instance,
a
variance
which
is
obviously
not
what
we're
dealing
with
here,
but
an
exception
which
also
typically
runs
with
the
land,
where
this
board
chose
to
put
a
time
limit
on
it.
E
So
it
may
be
something
you
want
to
consider
that
as
long
as
this
tenant
is
there
that
they
can
keep
this
as
something
you
would
grant,
but
then
it
needs
to
come
down
when
they
remove,
so
that
we
don't
have
a
situation,
it
would
be
tenant,
controlled,
they'd,
be
removing
it
or
occupant
control.
Let
me
put
it
that
way
and
then
not
setting
it
up
for
a
later
occupant
to
say:
hey.
I
want
to
keep
signage
at
this
exception
level,
although
we'd
suspect
they
wouldn't
want
the
same
logos.
C
C
They'd
have
to
look
at
some
other
way
within
code
requirements
to
meet
window,
opaqueness
or
translucency,
or
something
like
that
and
I
do
know-
we've
had
cases
before,
especially
like
conditional
use
permits
which
are
not
on
the
table
here,
but
when
we
did
grant
a
conditional
use
permit.
That
does
run
with
the
land
and
we
usually
didn't
have
the
authority
to
limit
a
conditional
use
permit
to
a
current
occupant
or
tenant
correct,
yeah,
yeah.
So
but.
C
E
Think
it's
also
significant
that
you
have
had
that
question
posed
to
the
representative
of
this
particular
business,
and
they
are
also
on
board
with
that.
I
There
was
something
else
I
was
going
to
mention:
you're,
probably
seeing
these
on
complaint
basis,
because,
as
sign
contractors
are
checking
in
on
other
businesses
yep,
you
know
they're
coming
across
these
standards,
and
you
know
those
business
owners
take
note
of
other
people
that
maybe
they
think
unfairly
are.
You
know
getting
something
that
they
wish
they
could
have.
So
it's
not
unusual
that
we're
getting
these
situations
pointed
out
to
our
enforcement
staff.
B
C
All
right
thanks
eric
okay,
so
danielle
to
close
out
the
testimony
here,
you
can
have
up
to
three
minutes
for
any
other
closing
comments
that
you'd
like
to
make
you
get
kind
of
the
last
say
here
you
can
take
advantage
of
that
if
you
want
you
don't
have
to,
but
based
on
kind
of
what
you've
heard
here
anything
else
you
want
to
add.
G
G
Our
building
is
going
to
go
up
for
sale
soon,
so
that
could
absolutely
be
part
of
the
agreement,
not
changing
them.
We
don't
plan
on
rebranding.
I
don't
think
again
for
a
while.
So
I
think
that
we
could
absolutely
do
that
and
work
with
you
on
if
you
approve
it
as
is,
but
those
different
requirements
we're
open
to
that,
and
I
appreciate
all
the
feedback
and
help
today.
C
H
H
H
I
think
I
think
what
we
need
to
think
about
is:
what's
going
to
be
the
right
thing
for
the
community
and
what
what
kind
of
message
are
we
going
to
send
to
the
other
businesses
and
we've
certainly
had
smaller
signs
in
this?
That
we've
objected
to
because
they're
in
violation
of
the
ordinance.
So
that's
just
some
of
my
thoughts.
B
Justin,
thank
you
chair
first
thing.
I'd
like
to
say
is
that
I
don't
think
the
rationale
of
the
staff
is
really
adequate
here
with
the
significant
adverse
impact.
I
don't
think
it
rises
to
that
level
when
you
have
windows
that
have
been
historically
covered
since
2006.,
and
I
think
this
this
actual
type
of
business
can
be
distinguished
because
we
are
talking
about
privacy
and
we
are
talking
about
security
and,
as
stated
by
the
applicant,
you
know.
If
half
of
that
window
was
shown,
you
would
be
able
to
see.
B
You
know
the
second
floor,
so
I
do
believe
that
security
and
privacy
is
is
kind
of
a
main
concern
here
and
there
is
no
really
set
in
in
the
law
of
how
much
can
be
covered.
You
know
I
mean
I
do
understand
the
benchmark,
that's
used,
and
I
think
that
is
reasonable,
but
I
think
we
also
need
to
take
in
consideration
sort
of
the
reasoning
here
and
that
again
would
be
in
my
eyes,
would
be
the
the
privacy
and
security.
B
So
I
I
would
be
in
favor
of
approving
the
100
percent
type
2
zoning
exception,
but
I
I
do
think
that
we'd
have
to
put
maybe
some
language
either
sunset
provision
or
or
maybe
some
language
that
says
about
removal
upon
vacating
the
property
thanks.
C
F
I
agree
with
justin:
that's
it!
No
just
that's
fine
just
about
it,
but
you
know
we're
not
bound
by
precedent.
We're
not
we
make
a
decision
every
time
someone
comes
in,
they
can
point
to.
You
know
different
things
that
they
think
are
unfair
or
fair.
We've
dealt
with
variances
for
years
on
this
board,
and
this
is
not
a
variance
request.
The
the
you
know
the
threshold
is
different
and
I
agree
again
with
justin
that
the
stated
rationale
from
the
city
staff
is
kind
of
insufficient.
F
I
actually
think
that
the
applicant
has
met
all
of
the
five
requirements
or
criteria,
including
the
sub
criteria
in
in
the
fourth,
the
fourth
criterion
there.
So
I'm.
I
think
that
if
we
put
a
time
limit
on
it,
you
know
it
makes
sense.
This
is
pretty
easily
distinguishable
from
almost
any
other
business
in
town.
That
would
be
looking
to
to
get
this
type
of
exception.
C
Well,
yeah,
we
don't
have
a
variance
here.
We
do
have
an
exception
level
and
we
do
have
to
look
at
certainly
justification.
We
just
can't
say
I
like
them
or
I
just
like
life
serve.
I
think
they
have
a
great
mission.
You
certainly
do.
We
have
to
look
at
some
rationale
here.
The
staff's
rationale
is
that
it
would
have
a
significant
adverse
impact
on
the
essential
character
of
the
area,
not
just
an
adverse
impact,
a
significant
one
wow.
Those
are
two
two
things
staff's
telling
us.
No
one
was
here
to
say
I
hate
this.
C
C
So
I
think
if
we
had
a
significant
adverse
impact
that
we
we
would
have
heard
about
that
in
more
detail
now
we
might
certainly
be
able
to
say
I
don't
see
anything
quite
that
large
around
here,
but
that's
different
between
a
comparison
and
a
significant
adverse
impact
on
the
essential
characters.
C
C
Secondarily,
the
signs
may
not
be
replaced
or
repaired
by
the
tenant
so
long
as
they
retain
their
occupancy.
So
for
some
reason
they
all
peel
off
tomorrow,
you're
going
to
have
to
come
back
clean
again
and
ask
so
you
did
replace
them
without
a
permit
and
that's
as
far
as
I
I
would
see
going
here.
This
won't
be
a
long-term
use.
Generally
speaking,
I
think
it
was
even
in
the
press
that
yeah
they
they
are
going
to
move.
So
it's
not
like
we're
going
to
see
this
for
the
next
50
years
here.
C
If
this
was
going
to
be
permanent,
it
might
be
a
little
different
with
adverse
impact,
but
this
is
going
to
be
pretty
short
term.
We've
had
some
other
things
that
we've
asked
that
people
are
allowed
18
months
or
24
months,
to
do
something,
and
we
know
that
their
clock's
probably
ticking
faster
than
ours.
E
The
only
thing
I
might
change
is
tenancy
because
they
actually
own
it.
So
as.
C
C
Yeah
as
long
as
they're
an
occupant
right,
yeah
yeah,
if,
if
they
move
out
but
retain
ownership
of
the
building
and
it
becomes
mel's
use
pinballs,
then
no,
they
they
there's
a
joke.
In
there
too,
they
they
could
not
have
signage
for
mel's
used
pinballs.
So.
E
C
F
C
Since
we're
looking
at
a
very
short
term
here,
I
I
don't
want
to
further
encourage
additional
exceptions
or
continuing
to
repeat
the
process,
I'd
like
to
say
it's
an
exception
for
a
short
term.
Let's
get
it
wrapped
up,
but
if
that's
crucial,
if
somebody
wants
to
make
a
an
amendment
to
my
motion
that
might
be
okay
with
the
person
that
seconded
my
motion,
we
could
do
that.
Could
we
not
judy.
E
F
I
I
guess
I
just
don't:
have
I
mean
if
they
want
to?
I
don't
think
they're
going
to
do
this,
but
if
they
want
to
spend
another
thirty
thousand
dollars,
like
the
purpose
underlying
what
they
need
in
their
history
with
these
signs
is
that
they
choose
like
a
a
nice
product
and
it's
for
privacy
purposes,
right
and
security,
and
so
I
guess
I
I
kind
of
trust
them
to
make
those
decisions.
I
and
frankly
it
probably
is
the
difference
maker
for
me,
I
don't.
C
Well,
here,
here's
what
I'll
do
I'll
make
a
friendly
amendment
to
my
initial
remote
motion
to
remove
the
requirement
that
they
can't
be
repaired
or
replaced,
but
the
signs
can
only
remain
so
long
as
life's.
A
sign
of
this
type
can
only
remain
so
long
as
life
serve
as
an
occupant
of
the
building
that
be
correct.
Judy,
I'm
basically
just
striking
down
taking.
C
C
A
C
To
encourage
everybody,
I
need
to
do
this
myself.
I've
donated
before
at
life
serve
it's
been
a
number
of
years.
My
apologies.
I
need
to
come
back
down
so
you're
a
great
asset
to
not
only
our
city
but
iowa
and
part
of
the
midwest.
Apparently.
So.
Thank
you
for
your
good
work,
okay,
so
moving
on
other
business,
I
think
we
have
minutes
from
last
month
to
look
at
reviewing
and
approving
anybody
who
was
here
last
month.