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From YouTube: 10-26-22 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, Oct. 26, 2022.
View the agenda: https://DSM.city/ZBOAatHome
A
A
A
The
members
of
this
board
are
citizens
of
the
city
of
Des
Moines
and
have
been
appointed
to
this
board
by
the
city
council.
The
board
members
are
volunteers
and
receive
no
compensation
for
their
public
service.
I'll
go
ahead
and
introduce
our
board
members
who
are
with
us
today
on
the
audience
is
right.
It's
Tom,
desio
next
to
him
is
Dave
gear.
Next
to
him
is
Rhonda
sadillo
on
the
audience's
left
soon
to
be
arriving
as
Nathan
Blake
next
to
him
is
Justin
gross,
and
next
to
him
is
marvelous
Jones,
I'm
Mel
pins.
A
The
board
chair,
I'll,
introduce
our
city
staff,
who
will
be
assisting
us
today.
First
of
all,
legal
counsel
to
the
board
of
adjustment
to
my
left
is
Gary.
Guidelock
I
introduce
our
city
staff.
Here
we
have
Bert
dross,
Deputy
planning,
administrator,
Frank,
Dunn,
Young,
Senior
city,
planner,
Eric,
Lundy,
zoning
enforcement
officer
and
Tyler
Hall.
Here
in
the
front,
is
our
meeting
moderator
I'll
cover
the
meetings
procedure
here?
For
some
of
you,
this
may
be
the
first
time
that
you're
in
front
of
us.
A
A
What
do
I
have
here,
Gary,
not
quasi,
was
it
quasi-judicial?
Yes,
Zoning
Board
of
adjustment
is
a
quasi-judicial
board.
This
hearing
will
be
conducted
within
the
procedures
and
format
as
authorized
by
Iowa
law
and
this
City's
ordinances.
This
meeting
is
open
to
the
public,
but
the
meeting
is
being
recorded
by
both
audio
and
video.
For
a
legal
record
of
these
proceedings,
the
board
members
have
each
received
a
copy
of
the
agenda
and
the
staff
recommendations.
A
The
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
as
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.
A
Member
present
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
a
minute
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
will
present
any
written
comments
that
have
been
received
prior
to
the
hearing,
then
the
applicant
or
their
representative
will
be
allowed
up
to
10
minutes
to
present
their
appeal.
A
We
will
then
move
to
the
public
comment
portion
of
the
hearing.
Anyone
wanting
to
speak
in
support
of
opposition
to
or
in
neutrality
of
the
appeal
will
be
allowed
up
to
five
minutes
each
to
present
their
comments.
This
will
be
their
one
and
only
opportunity
to
address
the
board.
Regarding
the
item
at
hand,
once
all
concerned
citizens
have
spoken,
the
board
will
then
ask
any
additional
questions
of
City
staff
and,
finally,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
other
closing
comments
if
they
so
choose.
A
All
speakers
must
speak
only
from
the
podium
here
at
the
center
of
the
room
by
the
computer
screen
there
and
the
overhead
projector.
They
must
begin
their
presentation
by
first
giving
both
their
name
and
address
that
address
can
be
your
business
or
place
of
residence
as
appropriate
in
the
event
that
you
may
need
to
be
contacted
for
legal
notices
related
to
the
outcome
of
this
appeal.
A
All
speakers
are
requested
to
remain
courteous
and
to
focus
their
comments
only
upon
those
facts
that
demonstrate
whether
or
not
the
criteria
established
by
law
has
been
satisfied.
Speakers
are
asked
to
ensure
that
they
are
respectful
of
time
considerations
and,
if
necessary,
the
board
chair
will
limit
further
comments
by
a
speaker
if
they
exceed
their
time
limitation.
A
A
This
will
allow
the
decision
of
this
board
to
be
documented
in
the
form
of
a
decision
and
Order
which
will
be
provided
to
you
and
City
staff.
Any
appeal
that
is
approved
by
the
board
must
be
implemented,
constructed
or
otherwise,
utilized
within
two
years
of
the
date
of
the
decision
by
this
board
or
such
approval
shall
expire.
A
A
Any
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
is
part
of
the
permanent
record.
So
if
there's
anything
you
plan
to
present
today
with
photos,
Maps
documents
or
drawings
and
you
haven't
given
the
city
appropriate
copies,
you'll
need
to
do
so,
and
you
can
contact
City
staff
after
the
hearing.
If
you'd,
like
a
copy
of
anything
presented
today,
some
quick
housekeeping
items,
we
ask
that
you
please
avoid
any
undue
conversation
in
the
audience
to
limit
distractions
during
the
hearing.
A
You're
doing
a
fine
job
also
ensure
that
your
cell
phone
has
been
silenced,
and
if
you
need
to
use
the
restroom,
you
can
leave
through
the
main
doors
here
just
stay
to
the
right
of
the
stairs.
You
don't
have
to
go
back
downstairs.
There
are
restrooms
just
past
the
staircase
on
the
left
once
the
agenda
item
you're
interested
in
has
been
completed,
you're
welcome
to
leave
the
meeting
and
if
we
need
to
we're
going
to
take
a
little
five
minute
break
around
three
o'clock,
I'm
hopeful,
we
won't
have
to
do
that.
A
A
A
Right
board
members:
anybody
have
any
questions
for
Frank
or
if
none
would
there
be
a
motion
to
Grant
a
continuance
to
the
next
regularly
scheduled
hearing
I'll
move
move
by
Nathan
second
by
Marla's,
all
those
in
favor
okay
motion
carries
seven
zero
okay.
So
if
you're
here
for
item
four
with
Liberty
Holdings,
we'll
see
you
on
November
16th,
okay
and
I'm,
guessing
those
are
our
only
changes.
A
A
So
unless
there's
somebody
present
in
the
audience
here
or
board
member
here,
that
would
not
be
agreeable
to
that.
We
would
be
looking
to
approve
all
three
of
these
without
actually
having
the
hearing
open
for
any
direct
testimony.
So
I'm
going
to
read
through
them
here,
quick
and
if
anybody
would
object
us
granting
the
requested
approvals.
Just
raise
your
hand
for
the
moment
item.
One
is
a
conditional
use
permit
request
in
the
vicinity
of
5017
Douglas
Avenue
relation
to
a
small
Wireless
facility
on
a
light
pole.
Would
anybody
object
to
granting
that
approval?
A
Seeing
none
item
two
is
to
amend
an
existing
conditional
use
permit
on
the
vicinity
of
321
East
Walnut
Avenue.
That
would
allow
some
limited
outdoor,
Sales
and
Service
of
alcohol.
Anybody
here.
That
would
be
opposed
to
that:
okay,
no
hands,
okay
and
item
three
is
a
zoning
exception
request
at
100,
Southwest
Water,
Street
related
to
replacing
some
existing
signage
on
a
building.
Anybody
here
opposed
to
that
this
question:
if
you
have
a
couple
questions
on
it,
I
would
think
we
might
as
well
just
have
a
brief
review
of
it.
A
Then
okay
yeah,
so
so
we'll
go
ahead
and
just
have
a
brief
review
of
that,
so
that
we
could
hear
your
questions
because
you
know
you
may
not
have
a
complaint,
but
you
may
have
a
concern
that
we
could
help
address
so
board.
Members
looks
like
items
one
and
two:
would
there
be
a
motion
to
Grant
approvals
for
item
one
and
two.
A
And
that
came
from
Justin
second,
by
Rhonda,
all
those
in
favor
raise
your
right
hand
say:
aye
aye,
all
right
motion
carries
7-0.
If
you
were
here
for
items,
one
and
two
those
have
been
approved,
you'll
get
a
copy
of
your
decision
in
order
by
about
this
time
next
week,
if
you
need
that
for
any
building
permits
or
signed
permits,
so
thanks
for
coming
in
for
one
and
two.
So
what
we'll
do
here
for
item
number
three
and
we'll
have
staff
go
ahead
and
give
a
brief
explanation
of
that.
B
Good
afternoon,
chair
members
of
the
board,
Frank
Dunn
young
City
staff,
what's
being
proposed
today,
is
located
at
100
Southwest
Water
Street,
the
applicant
is
Des
Moines
River,
lodging
Incorporated
The
Proposal
is
installation
of
a
4.41
square
foot
by
16.91
foot
for
74.57
square
feet.
Wall
mounted
sign
on
the
fifth
floor
of
the
East
facade
of
the
building
and
a
3.41
foot
by
16.91
foot
or
57.66
square
feet.
Wall
mounted
sign
on
the
fifth
floor
of
the
West
facade
of
the
building
for
Combined
132.23
square
feet
of
signage
area.
B
B
And
so
they
actually
have
three
signs
of
the
the
existing
sign
on
the
first
floor
that
faces
North
is
existing
is
allowed
by
right.
So
this
is
not
part
of
the
consideration
as
I
scrolled
past
it.
I
did
want
to
note
that,
and
here
is
the
sign
this
would
be
on
the
East,
facade
and
so
on.
The
left
is
what
is
existing
and
on
the
right
is
what
is
proposed,
so
it's
as
you
can.
You
can
see
that
the
scale
is
slightly
smaller
on
what's
being
proposed.
B
B
Things
I
do
want
to
mention
is
we
we
did
have
a
a
number
of
comments,
14
in
total.
Regarding
the
property,
many
of
the
comments
are
required.
Some
clarification
or
additional
information
to
understand.
What's
being
asked,
a
number
of
the
people
that
were
opposed
I
believe
it
was
10
in
total,
a
number
of
them
were
under
the
impression
that
it
was
entirely
new
signage
or
it
was
larger
signage
that
was
being
proposed,
and
so
the
preliminary
agenda
didn't
call
out
that
it
was
replacement
of
existing
signage.
B
The
final
agenda
did
note
that
of
the
calls
that
I
that
were
placed
in
questioning
once
they
realized
that
it
was
a
replacement
of
existing
signage.
They
were
supportive
of
that,
but
we
were
not
able
to
contact
all
10
individuals
to
provide
that
clarification.
We
did
have
four
comments
where
the
applicants
are
sorry
that
the
folks
commenting
they
were
in
support
understanding.
What
was
taking
place
here
are
a
number
of
the
comment
cards.
B
B
B
And
that
was
the
final
final
comment
and
so
staff
recommendation
I'll
go
ahead
and
move
to
that
to
the
slide
that
we
have.
That
shows
that,
and
so
staff
is
recommending
approval
of
the
requested
type
2
zoning
exception,
subject
to
the
following
two
conditions:
any
sign
installed
shall
be
in
general,
conformance
with
the
character
elevation
submitted
by
the
applicant.
Any
signs
installed
shall
be
in
compliance
with
the
sign
permit
issued
by
the
city's
permit
Development
Center
to
assign
contractor
licensed
in
the
city.
A
Okay,
all
right
thanks
for
your
summary
on
that
Frank.
So
what
we'll
next
do
here,
depending
on
who's
president,
who
wants
to
speak,
the
actual
applicant
would
have
the
first
opportunity
to
speak
and
present
an
overview
of
their
request
for
the
exception.
So
you're
not
representing
the
applicant,
are
you
you
are
okay
well
come
on
up
then,
so
we
can
do
One-Stop
shopping
here.
A
D
Just
seeing
some
of
the
comments,
because
my
first
time
seeing
those
as
far
as
like
the
light
disturbance
to
neighboring
those
not
being
a
residential
zones
being
like
dxr
and
dx2
downtown
zones,
I,
don't
know
how
that
would
affect.
You
know
like
an
apartment
complex
across
the
street.
Yeah
I
mean
staff
recommending
that
it
get
approved.
My
question
would
be-
and
this
is
kind
of
a
question
that
I've
had
with
Brian
Davis
in
the
past,
when
submitting
signed
permits.
A
A
A
D
Be
then
do
I
refer
back
staff
recommendation
number
two
do
I
refer
back
to
my
initial
sign.
Permit
applications
from
July
they
don't
need
a
new
application
for
those
okay.
Now,
third
and
last
question
is
that
we
will
need
to
block
traffic
on
each
facade
and
Street
elevation.
Do
I
need
to
do
any
additional
permitting
to
block
the
street
at
the
time
of
installation
because
it
could
possibly
up
to
be
like
one
day
removal
one
day
install
on
each
facade,
Construction.
A
Cool
yeah,
we
were
inclined
to
approve
this.
We
will
issue
a
decision
in
order
and
then,
when
staff
provides
that
to
you,
you
can
ask
any
of
those
follow-up
questions
and
they
can
help
you
with
that.
Okay,
thank
you
all
right.
Thank
you
very
much.
So
just
for
process
and
procedure
the
appellant
has
now
spoke.
Is
there
anybody
in
the
audience
who
wishes
to
speak
and
support
an
opposition
or
neutrality
of
the
request
at
hand,
seeing
none
any
further
questions
for
staff.
Seeing
none
Eric,
you
know
got
anything
else
to
you.
I.
C
Okay,
Eric
clende's
zoning
enforcement
officer,
so
that
would
have
had
separate
permits
from
the
building
permit
on
the
original
building
yeah.
That
would
have
been
reviewed,
yeah,
there's,
there's
no
history
of
any
previous
relief,
and
so
we're
really
just
dealing
with
the
fact
that
the
standards
changed
in
2019
exactly.
C
A
A
Motion
by
Nathan
second,
by
Dave,
all
those
in
favor
of
granting
the
requested
exception
subject
to
staff
recommendations,
raise
your
hand,
say
aye.
All
right
motion
carries
seven
to
zero
that
passes,
so
Josh
I
want
to
thank
you
for
filing
a
signed
permit
for
your
project.
Although
on
things
of
this
scope
and
as
professionals
I'm
sure
it's
part
of
your
normal
day,
but
we
have
a
lot
of
times.
Folks
have
signs
installed
and
they
didn't
check,
they
didn't
get
a
permit
and
then
we've
got
real
problems.
So
thank
you
for
doing
that.
A
A
A
A
All
right
would
there
be
a
motion
to
accept
the
proposed
schedule
of
2023
meeting
dates
moved
by
marvelous.
Second,
by
Rhonda,
all
those
in
favor,
say
aye
motion
carries
seven
to
zero
minutes
of
the
last
meeting.
If
you
were
here
for
last
month's
meeting
and
have
reviewed
the
minutes,
anybody
have
any
corrections
or
staff
any
corrections.
If
none
would
there
be
a
motion
to
approve
the
minutes.
A
Motion
by
Nathan,
second,
by
marvelous,
all
those
in
favor
who
were
here
say
aye,
who
are
here
say:
yes,
okay,
all
right.
What
did
we
carry
that
by
who?
Were
we
missing
last
month?
Anybody
we
have,
everybody
I
had
to
step
down
on
two
of
them,
but
otherwise
we
had
everybody,
didn't
we
yeah?
Okay,
all
right,
so
that
passes
seven
to
zero.
A
Just
a
couple,
quick
things:
I
wanted
to
follow
up
on
a
couple
months
ago,
we
had
a
couple
cases
related
to
some
folks
that
had
an
existing
restaurant
or
maybe
a
small
grocery
store,
and
they
wanted
to
sell
alcohol,
but
there
was
either
a
park
nearby,
a
place
of
worship
or
a
daycare
within
that
kind
of
what
I
want
to
call
that
radius,
where
those
would
not
be
allowed,
and
it
would
take
a
variance
approval
to
do
that
and,
as
we
know,
the
variance
test
is
pretty
hard.
You'd
have
to
show.
A
You
can't
use
your
property
for
pretty
much
anything
else
within
that
zoning
District
so
related
to
that
the
issues
we
really
had
with
a
couple
of
those
were:
they
were
restaurants.
This
wasn't
their
main
thing.
It
was
incidental,
it
would
be
looked
at
normally
gee.
Isn't
it
reasonable?
If
you
go
to
let's
say
a
Mexican
restaurant
or
an
Italian
restaurant,
should
you
be
able
to
order
a
Tecate
or
a
glass
of
Vino,
but
under
the
variance
test?
No
can't
do
that.
So
there
was
some
discussion
I
think
on
on
one.
A
We
said
yes,
because
we
had
already
had
that
with
the
previous
use
on
another
one.
We
we
had
to
say
no,
but
there
was
generally
a
feeling
that
maybe
we
could
ask
the
city
through
staff,
ask
the
city
council
to
review
that
ordinance.
We
understand
the
close
eye.
We
want
to
keep
on
not
having
alcohol,
especially
things
like
liquor,
stores
and
true
taverns
right
next
to
a
park
or
at
your
place
of
worship.
A
daycare
center
I
get
it.
A
But
when
we've
got
a
restaurant-
or
you
know
an
incidental
use
related
to-
let's
say
a
larger
grocery
store,
why
should
that
be
a
problem,
but
that
part
of
the
zoning
ordinance
is
pretty
complex,
but
we
we
voted
to
kind
of
review
that
and
put
together
a
letter
and
request
through
staff
and
the
planning
department
to
then
take
that
to
council.
So
I
haven't
had
much
time
lately
to
work
with
our
attorneys
and
Frank
and
staff.
A
To
put
that
draft
together
for
you,
but
I
want
to
be
able
to
do
that
within
the
next
month
and
bring
it
back.
I
know
Dave.
You
had
missed
that
meeting
where
those
two
came
up,
so
you
know
it
always
takes
four
to
pass
so
yeah
so,
but
we'll
give
everybody
a
chance
to
weigh
in
on
that
and
take
a
peek
at
it.
So
because
I
know
Justin
had
asked
about
that
before
the
hearing.
So
does
anybody
else
have
any
comments
or
questions
on
that
cool?
A
A
Okay,
all
right
so
we'll
be
down
to
already
I
I,
know
again,
it's
a
little
off
on
that
schedule,
but
also
busy
time
of
year.
Okay,
so
with
that
in
mind,
staff
will
just
have
to
kind
of
keep
that
in
mind.
If
you
know
so,
I
hope
you
know
you
don't
have
to
promise
or
anything
but
I
hope
for
the
other
five
of
us
we
we
can
all
be
here
otherwise,
we'll
have
a
lot
of
water
to
carry
on
any
agenda
items.