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From YouTube: 6-22-22 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment on Wednesday, June 22, 2022 at 1 p.m.
View the agenda: https://dsm.city/zboaathome
A
A
B
C
C
This
board
has
the
power
under
iowa
law
and
the
zoning
ordinance
of
the
city
of
des
moines
to
hear
and
make
decisions
on
requests
for
variations
and
exceptions
from
the
regulations
in
the
zoning
ordinance
to
review
conditional
use.
Permit
requests
appeals
from
the
decision
of
the
city
staff
in
the
administration
of
the
zoning,
ordinance
and
other
related
matters.
The
members
of
this
board
are
citizens
of
the
city
of
des
moines
and
have
been
appointed
to
this
board
by
the
city
council.
C
The
board
members
are
volunteers
and
they
receive
no
compensation
for
their
public
service.
We
have
a
seven
member
board
here.
I
think
we
should
have
six
of
us
here
today.
I'm
going
to
come
back
to
that
in
a
moment,
but
I'll
go
ahead
and
introduce
everybody
on
the
audience's
right
is
tom.
Decio
next
to
him
is
dave.
Gere
next
to
him
is
rhonda
cedillo
on
the
audience's
left
is
marlis
jones
and
I'm
mel
pins,
the
board
chair.
C
We
should
have
nathan
blake
our
sixth
board
member
arriving
and
we
have
one
member
absent
today
and
I'm
just
going
to
go
ahead
for
the
audience's
benefit.
It
always
takes
four
votes
for
anything
to
pass.
So
if
you've
got
an
appeal
here,
you've
got
to
convince
four
of
us
that
you've
got
the
correct
reasoning
on
that.
C
C
The
fundamental
thing
is
a
slightly
fairer
shake
perhaps,
but
that
said,
I
can
never
guarantee
that
next
month,
we'll
have
more
than
five
members.
We
could
have
six.
We
could
have
seven.
This
board
has
generally
very
good
attendance,
so
we
usually
have
all
of
us
here
or
maybe
six,
but
we
may
be
down
to
five
later
today,
based
on
a
couple
things
that
folks
could
not
avoid.
C
The
board's
legal
counsel
on
my
left
is
gary
guidelock
I'll,
introduce
our
city
staff
down
here.
Eric
lundy
is
the
zoning
enforcement
officer.
Jason
van
essen
is
the
planning
administrator,
shreyoshi,
chakraborty
city,
planner,
catherine
drajas,
city,
planner
and
tyler
hall.
Our
meeting
moderator
so
I'll
cover
our
meeting
procedure.
For
some
of
you.
This
may
be
the
first
time
you're
in
front
of
us.
You
may
hope
it's
the
only
time
you're
in
front
of
us,
but
we
try
to
make
the
process
as
welcoming
as
possible
for
everybody.
C
C
First
and
foremost,
the
board
of
adjustment
is
a
quasi-legal
board.
This
is
a
legal
hearing
and
it
will
be
conducted
within
the
procedures
and
format
as
authorized
by
iowa
law
in
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.
C
C
C
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
after
they
make
the
presentation
we'll
move
to
the
public
comment
portion
of
the
hearing.
Anybody
that
wishes
to
speak
in
support
of
in
opposition,
to
or
even
in
neutrality
of
an
appeal
will
be
allowed
up
to
five
minutes
each
to
present
their
comments.
C
This
will
be
their
one
and
only
opportunity
to
address
the
board
regarding
the
agenda
item
at
hand
and
again
we'll
take
you
through
all
that
stuff.
So
you
know
what
order
you
need
to
come
up
here
once
all
concerned.
Citizens
have
spoken
on
the
item.
The
board
will
then
ask
any
additional
questions
of
city
staff
and,
lastly,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
other
closing
comments
if
they
so
choose.
C
All
speakers
must
speak
only
from
the
podium
here
at
the
front
center
of
the
room
with
the
microphone
and
the
laptop
there.
You
first
must
give
both
your
complete
name
and
address
of
business
or
residence.
Whatever
is
appropriate
for
your
role
here.
In
the
event,
you
may
need
to
be
contacted
for
legal
notices
that
are
related
to
the
outcome
of
this
appeal.
C
All
speakers
are
requested
to
remain
courteous
and
to
focus
their
comments
only
on
those
facts
that
demonstrate
whether
or
not
the
criteria
established
by
law
has
been
satisfied.
Speakers
are
asked
to
ensure
that
they're
respectful
of
time
considerations
and,
if
necessary,
the
board
chair,
will
limit
further
comments
by
a
speaker
if
they
exceed
their
time
limit.
C
C
Please
note
that
it
takes
at
least
four
affirmative
votes
for
any
zoning
appeal
to
gain
approval.
So
again,
if
we
get
down
to
where
we've
got
five
members
or
less,
if
you
feel
like
you'd
like
to
have
your
item
heard
next
month,
we
may
only
have
five,
but
we
could
have
six
or
a
full
board
of
seven
then.
But
if
you,
if
you'd
like
to
have
a
little
better
vegas
odds,
you
could
ask
to
have
that
continued.
C
If
your
appeal
is
approved
today,
we
ask
that
you
wait
until
at
least
one
week
from
today's
hearing
to
contact
the
city's
permit
and
development
center
if
you
would
need
to
obtain
any
necessary
building
or
sign
permits.
That
would
be
related
to
your
approved
appeal.
This
will
allow
the
decision
of
the
board
to
be
documented
in
the
form
of
a
decision
and
order
which
will
be
provided
to
both
you
and
city
staff
for
the
record.
C
Finally,
the
decisions
of
this
board
can
only
be
appealed
in
the
iowa
district
court
if
you
believe
you've
been
harmed
by
an
error
made
by
this
board.
Your
only
remedy
is
to
seek
relief
through
the
district
court
within
30
days
of
the
filing
of
the
board's
decision
and
order,
if
you
believe
the
zoning
regulations
applied
by
this
board
are
wrong.
You
may
petition
the
city
council
to
change
those
regulations
for
future
considerations.
C
Any
material,
written
or
otherwise
used
or
presented
today
as
part
of
anyone's
presentation,
will
be
considered
part
of
the
permanent
record.
So
if
you
have
anything
you
plan
to
present,
you
didn't
already
provide
to
staff.
You
have
to
give
them
a
suitable
copy
of
that
and
if
you
need
a
copy
of
anything
presented
today,
you
can
contact
city
staff.
After
the
hearing
I
just
said
some
quick
housekeeping
items.
We
ask
that
you
avoid
any
undue
conversation
in
the
audience
so
as
to
limit
distraction
during
the
hearing.
Thank
you
you're
doing
a
great
job.
C
Finally,
once
the
agenda
item
you're
interested
in
has
been
completed,
you're
welcome
to
leave
the
hearing
and,
if
necessary,
we'll
have
a
five
minute
break
around
three
o'clock.
If
that's
needed,
so
we'll
go
ahead
and
take
a
look
at
our
final
agenda
for
today.
I
don't
believe
that
we
have
any
changes
to
that
agenda.
C
So
what
we're
going
to
do
here?
First
items
one
through
three
we're
on
the
consent
agenda,
meaning
staff
is
recommending
approval
of
those
three
items
for
the
appeals
requested
so
long
as
they
comply
with
the
conditions
that
city
staff
have
recommended.
So
if
there's
anyone
in
this
audience,
that
would
be
opposed
to
this
board.
Granting
approval
for
items
one
through
three,
I'm
just
going
to
look
for
a
show
of
hands.
If
anybody
would
be
in
opposition
to
that,
including
the
appellant.
C
If
they
don't
like
the
conditions
or
the
terms
just
raise
your
hand
and
we'll
move
that
and
have
a
regular
discussion,
and
then
you
can
give
your
comments
and
concerns
so
item.
One
was
a
conditional
use
permit
request
at
1348,
richmond
avenue
related
to
expansion
of
a
parking
lot.
Would
there
be
anyone
here
who
would
be
opposed
to
granting
that
conditional
use
for
the
parking
lot
if
you're
opposed
to
that?
C
Just
raise
your
hand,
alright,
seeing
none
item
two
is
a
conditional
use,
permit
request
at
one
line
drive
which
is
basically
principal
park
for
the
icubs
for
expansion
and
renovation
of
the
facility.
Would
there
be
anybody
opposed
to
granting
approval
for
the
request
in
item
two
all
right,
seeing
none
item
three
is
a
zoning
exception
request
at
forty
five
forty
seven
fluor
drive
related
to
installation
of
some
illuminated
wall
signs?
Is
there
anybody
here?
That
would
be
opposed
to
the
board
granting
approval
for
item
three
okay,
seeing
none
board
members?
C
C
All
right
we've
got
a
motion
by
marlins
and
the
second
by
tom.
All
those
in
favor
raise
your
right
hand
say.
Aye.
All
right
motion
carries
six
zero.
So
if
you
here
for
items,
one
through
three
they've
been
approved,
subject
to
the
conditions
that
staff
have
requested.
So
thank
you
for
coming
in,
for
those
that
were
interested
in
our
first
three
items.
C
D
Out
and
then
they
provided
us
with
examples
of
what
sign
face,
they'll
be
putting
into
the
existing
pull
sign.
You'll
notice
that
there
are
wall
signs
provided
in
this
estimate.
They
have
opted
not
to
do
the
wall
signs
at
this
time,
so
you
can,
please
disregard
those
images
and
then
a
few
cite
images
just
to
give
you
some
context
a
little
bit
closer
and
then,
as
you
know,
pull
signs
are
not
allowed
by
our
code,
and
at
this
time
we
did
not
find
evidence
of
any
sort
of
unnecessary
hardship.
D
D
D
D
C
C
But
you
mentioned
that
the
site
has
been
in
what's
called
non-conforming
status
for
more
than
six
months,
so
does
that
mean
that
yeah?
The
business
has
been
closed
here
for
some
time
more
than
six
months?
So,
therefore,
if
somebody
wants
to
reopen,
they
have
to
meet
the
community's
new
signage
standards,
which
do
not
allow
reuse
of
the
poll
sign.
Is
that
correct
that.
D
C
All
right
good
enough,
just
for
a
little
orientation
there,
okay,
any
other
questions.
Okay,
seeing
none!
Thank
you,
catherine!
So
the
next
part
of
the
hearing,
the
applicant
or
the
representative
of
the
applicant,
they
can
step
up.
They
have
up
to
10
minutes
to
present
their
reasoning,
for
their
variance
request
come
on
up
and
we
just
need
you
to
start
by
first,
giving
both
your
name
and
address
as
appropriate.
Okay,.
F
F
When
we
purchased
the
building
the
beginning
of
november,
it
had
been
vacant,
I'm
not
sure
how
long
I'm
guessing
a
while,
because
it
was
in
pretty
rough
shape.
We
immediately
got
some
tenants
in
there.
We
currently
have
four
tenants.
We
still
have
three
thousand
square
feet
of
space,
we're
trying
to
rent
out.
We
started
the
sign
design
right
away
in
december
after
we
in
december
of
21
after
we
purchased
the
building.
We
got
some
stuff
back
in.
I
should
say
the
design
you're
looking
at
here.
F
I
think
at
the
in
february
from
the
designer
and
we
kind
of
went
back
and
forth
with
the
designer,
and
then
we
received
the
notice.
We
had
no
idea
that
we
had
six
months,
which
we
attempted
to
try
to
get
everything
done
in
six
months,
the
current
climate
right
now,
it's
I'm
sure
you
guys
are
all
aware,
it's
very
difficult
to
get
anybody
to
get
anything
done
in
six
months,
let
alone
a
year
we've
invested
significant
money
on
this
side.
F
F
F
F
The
attorney
said
that
he
handled
it,
so
I'm
not
quite
sure
to
be
honest
with
you:
okay,
okay
yeah.
So
anyway,
as
you
approach
from
the
south,
if
you're
not
familiar
with
the
area,
the
road
kind
of
sinks
down
and
then
goes
up
towards
north
ridge,
so
on
the
right
side,
where
we
are,
am
I
allowed
to
move
the
map
here?
So
I
can
show
you
guys?
Okay,
sorry,
yeah!
I'm
I'm
not
I'm
sorry!
I.
F
As
you
come
down
the
road
right
here,
this
is
all
trees
and
they're
mature
trees,
which
we
don't
own
any
of
that
land
and,
as
you
wonder,
if
I
can
zoom
out
there's
a
curve
right
here
where
it
curves
around
and
there's
a
trailer
park
right
here.
You
cannot
see
our
building
until
you're
about
right
here
because
of
the
trees
so
just
to
have
signage
on
the
building.
F
Nobody
would
see
it
if
we
tried
to
put
a
monument
sign
out
here
with
that
vegetation
so
tall,
they
would
still
not
see
it
until
they
come
right
around
the
bend
and,
as
you
know,
that
the
speed
limit
on
that
road
is
55
miles
an
hour.
So
if
you
have
people
driving
55
slamming
on
their
brakes
and
the
turn
lane,
as
you
can
kind
of
see,
right
here
is
very,
very
small
from
this
from
the
north
side,
as
you
come
down
from
the
mall
there.
F
This
right
here
is
a
berm,
that's
elevated,
so
you
can't
see
the
road
until
you
get
about
right
here.
I'm
sorry,
the
road,
the
sign
or
the
building.
Until
you
get
about
right
here
and
then
you
have
to
get
right
over
into
the
left
lane
again,
a
monument
sign
would
help
would
do
something
there,
but
still
you
have
to
be
pretty
close
to
building
because
of
this
elevation.
I
keep
trying
to
tap
the
screen.
I'm
sorry,
the
elevation
right
here
of
this.
This
actually
sits
up
the
road
sinks
down,
and
then
it
comes
back
up.
F
B
A
F
C
C
F
F
The
north
side
of
the
building
that
I
was
talking
about
so,
as
you
can
see
sorry,
but
you
can
see
the
sign
when
we
come
around
here,
sticking
up,
I'm
not
a
camera
expert,
I'm
sorry,
it's
okay,
yeah
there!
You
can
just
see
the
building
to
start
and
you
would
see
our
sign
and
then
there's
some
vegetation
here
is
from
the
south
side,
which
was
always
talking
about
uh-oh.
What
happened
to
it?
F
So
there
you
still
can't
see
the
building
as
you
come
around
and
I
think
here
in
a
second
you'll,
be
able
to
see
the
sign
pop
up
right
there,
but
the
building's
very
difficult
to
see
in
it
and
with
these
trees
and
the
vegetation
which
I
don't
think
I
can,
we
can
do
anything
with
because
we
don't
own.
I
don't
know
what
the
rules
are
there,
but
that
was
the
videos
that
we
prepare
to
this
site.
F
So
I
kind
of
went
through
your
guys's
agenda
and
what
you
guys
need.
So
you
know
I
just
said:
the
removal
of
science
can
all
significantly
alter
the
visibility
of
our
building,
we're
trying
to
get
other
tenants
in
there
with
people
coming
back
from
covid
and
not
wanting
to
work
at
home.
Obviously,
there's
a
lot
of
offices
in
this
building
we're
trying
to
rent
out
little
spaces.
F
F
I
think
we
acted
in
good
faith
in
trying
to
get
this
accomplished
within
six
months.
We
weren't
even
aware
of
the
rule
of
six
months
to
be
completely
honest
with
you
until
we
got
the
notice,
but
it's
we
started
acting
as
soon
as
we
bought
the
building
and
we've
paused
it
now
because
of
all
this,
because
we
weren't
sure
what
was
going
to
happen.
But
you
know
the
prior
owner
said
that
they
never
received
a
notice.
F
I
don't
know
if
that's
true
or
not,
but
when
we
purchased
it,
they
said
they
were
not
aware
of
anything.
You
know
and
then
that
sign's
been
there
for
years.
So
I
think
the
third
point
was:
would
it
significantly
alter
the
locality?
I
think
it's
the
word,
the
verbiage
that
it
uses
in
there
but,
like
I
said
I'll,
just
wrap
up
we're
trying
to
develop
the
area
we're
new
to
it.
A
lot
of
the
developers
around
there
basically
told
us
good
luck
and
I'm
not
paraphrasing
right.
F
There,
like
I
said,
we've
made
some
significant
improvements
with
lighting
and
security
out
there
and
we're
trying
to
bring
more
businesses
out
there,
but
the
just
this
build
just
this
building
alone,
it's
difficult
with
the
signage
on
that
when
we
try
to
get
a
tenant
in
there
when
they're
not
going
to
know
where
the
building
is
so
that's
all.
I
had
for
my
presentation,
okay,
question
yeah.
It's.
C
C
So
it's
my
impression
that
potentially
the
building
has
been
per
se
closed
for
a
couple
years
now
so
did
before
buying
the
property
in
november
of
last
year.
Did
you
talk
to
the
city
and
say
hey?
Would
we
be
zoned
just
to
do
this
business?
What
are
your
fire
codes
gee?
What
are
your
other
restrictions?
Are
there
any
things
we
need
to
know
here
before
we
buy
this?
Did
you
talk
to
the
city
before
you
bought
the
building.
C
Okay,
that's
another
lesson:
an
educational
opportunity
for
folks
before
you
want
to
buy
a
property
in
any
city,
always
check
and
see
to
find
out
what
what
are
the
community
standards
and
requirements.
But
I
just
asked
that
to
help
me
put
this
in
perspective
of
how
you're
kind
of
arrived
at
where
you're
at
today
and.
F
A
F
C
F
I'm
just
curious:
we
need
to
sign
one.
I
thought,
because
there's
people
drive
down
the
road.
This
is
from
the
south
side.
It's
difficult
to
see.
Two
is
a
pacific
pool
tenant
that
I
mentioned
actually
in
the
front
part
of
that
building.
They
wanted
to
put
in
an
in-ground
pool
and
do
their
showroom
right
there.
F
C
Okay,
all
right,
I
got
you
okay,
anything
from
anybody
else.
I've
asked
plenty
of
questions.
Okay,
all
right!
Courtney.
Thank
you
for
your
good
presentation,
much
appreciated!
You
can
sit
down
for
a
few
minutes
so
for
the
next
part
of
this
item.
Is
there
anybody
that
wishes
to
speak
in
support
of
the
applicant's
request
they
could
have
up
to
five
minutes.
Anybody
who
wishes
to
speak
in
support?
C
H
C
C
C
C
So
if
there
were
no
questions
for
city
staff,
you
know
the
appellant
would
normally
have
three
minutes
for
a
rebuttal,
but
since
nobody
complained
and
the
city
didn't
throw
any
curveballs,
I
think
we'll
just
go
ahead
and
go
to
board
deliberation
then
so
board
members,
any
initial
thoughts
or
ideas.
Here.
J
J
Personally,
I
don't
have
as
strong
of
feelings
about
pull
signs
as
either
the
chair
or
members
of
the
city
council,
but
we're
not
in
a
position
to
make
policy
here.
We
just
follow
the
law
with
respect
to
the
variance
request
that
comes
before
us,
and
part
of
that
is
that
evaluating
whether
the
land
in
question
cannot
yield
any
reasonable
return
from
any
use
permitted
by
the
regulations
of
the
district
in
which
the
land
is
located.
J
To
quote
here,
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
land
in
question.
It's
not
sufficient
merely
to
show
that
the
value
of
the
land
has
been
depreciated
by
the
regulations,
which
I
think
he's
done
that
part,
but
it's
not
sufficient
or
that
a
variance
would
permit
the
owner
to
maintain
a
more
profitable
use.
C
C
Sometimes,
when
they
have
these
cases,
you
know
to
be
the
nice
guy
I'd
like
to
help
everybody
out
and
give
everybody
what
they
want
to
give
them
a
shot.
But
we
do
have
to
look
at
what
the
city
ordinances
say.
What
the
variance
test
is,
you
know
and
listening
to
courtney,
and
he
had
a
good
video
here,
but
you
know
if
I
was
to
argue
on
behalf
of
him
I'd
say:
well,
your
pole
sign
is
not
going
to
do
you
much
good
anyway,
it's
8
by
12.,
I
mean
just
even
in
that
video.
C
If
there
was
a
sign
face
in
there.
I
don't
think
anybody
could
read
that
at
road
speed,
if
you
say
hey,
here's
our
address
or
a
half
mile
south
southridge
on
the
east
side
of
the
road.
Okay,
great
you
have
rights
to
have
signage
on
the
building,
certainly
within
size
limitations.
You
would
also
have
rights
to
have
a
monument
sign
which
could
be
located
near
the
right-of-way,
but
to
me,
if
I'm
booking
along
at
road
speed,
even
by
the
time
I
see
that
sign,
even
if
we
keep
the
polls
sign.
C
Well,
I'm
going
to
go
from
55
to
a
right-hand
turn
and
150
feet,
probably
not
you'd
need
to
have
a
billboard
like
was
across
the
street
that
I
saw
in
the
video.
So
I
I
think
that
the
setting
here
is
doesn't
necessarily
you
know,
dictate
leaving
the
poll
sign,
because
I
don't
think
the
pull
sign
by
itself
would
be
the
complete
answer
here.
I
think
your
exposure
and
your
business
quality
is
going
to
be
based
on
a
lot
of
other
things
as
well,
but
yeah.
The
variance
test
is
a
strong
one.
C
C
C
C
Okay-
and
that
was
just
recently
since
you
published
the
final
agenda-
I'm
assuming
yeah-
yes,
yes,
okay,
all
right!
So
if
there
was
anybody
here
on
item
5,
a
use
variance
at
2200
easton,
just
off
I-235
there.
That
item
has
been
withdrawn.
It
will
not
be
considered.
Okay,
all
right,
then
I'll
bring
us
to
item
six.
A
conditional
use
permit
request
at
111
army,
post
road.
D
D
D
And
there
we
go:
apologies
it
jumped
over.
We
have
a
submitted
site
sketch
from
the
appellant,
showing
some
sight
improvements
that
they
are
working
through.
Some
have
been
done.
Some
are
currently
being
worked
through
and
I'll.
Just
note
at
this
time
that
neighborhood
services
is
currently
working
with
the
appellant
to
bring
up
some
outstanding.
D
Conditions
of
the
site
and
the
building
and
bringing
those
into
compliance
a
few
photos
actually
taken
from
the
dmarc
parking
lot.
To
give
you
some
context
of
the
building.
This
was
a
form
of
restaurant
use
and
they
are
looking
to
use
it
as
a
event
center
hosting
different
small
private
events,
and
I
have
a
note
from
the
appellant
I'm
going
to
zoom
in
on.
To
give
you
a
bit
more
context
of
their
business.
D
D
Is
that
better
yeah?
Okay,
apologies,
any
business
selling,
alcoholic
liquor,
wine
and
or
beer
shall
operate
as
an
assembly
or
reception
hall,
as
defined
by
city
code,
chapter
134,
and
not
as
a
bar.
Unless
the
board
of
adjustment
grants
a
new
or
romantic
conditional
use,
the
hours
of
operations
of
business
shall
be
between
8
am
and
10
pm,
each
sunday,
monday,
tuesday,
wednesday
and
thursday,
and
between
8
a.m
and
12
a.m.
Each
friday
and
saturday,
activity
associated
with
the
conditional
use
shall
be
limited
to
the
existing
3616
square
foot,
building
excluding
circulation
space,
restaurants
and.
D
And
kitchen
and
there
shall
be
no
outdoor
component
of
the
conditional
use
and
then
maximum
occupancy
of
the
building
shall
comply
with
the
building
code.
Any
exterior
doors
within
90
feet
of
the
rear
property
line
shall
operate
and
contain
signage
as
an
emergency
exit
and
staff
service
entrance
only
remaining
closed
during
hours
of
business
operation
and
then
the
rest
of
the
conditions
are
whoops.
Apologies
are
kind
of
our
are
essentially
our
standard
conditions
for
conditional
uses
of
this
nature.
D
I
can
provide
additional
comment
on
these.
If
you
are
interested,
but
most
of
them
I'd
say,
the
the
main
one
to
point
out
is
condition
16,
and
that
is
if
the
zoning
enforcement
officer
determines
that
this
operation
or
of
the
business
has
become
a
nuisance
or
exhibits.
A
pattern
of
violating
the
conditions
set
forth
by
the
board
of
adjustment.
The
zoning
enforcement
officer
may
apply
to
the
board
to
reconsider
the
issuance
of
the
conditional
use
and
oops
apologies.
D
D
D
And
then
the
appellant
did
provide
us
with
a
copy
of
the
letter
that
they
sent
out
to
neighbors
for
their
neighborhood
meeting
requirement,
and
they
gave
us
a
verbal
summary
that
they
have
not
received.
They
did
not.
Have
anyone
attend
their
meeting.
I
will
ask
them
to
give
a
full
report,
since
we
don't
have
a
written
summary
of
their
meeting
during
their
portion
of
the
presentation.
D
C
I'm
going
to
throw
you
a
couple,
not
that
that's
my
tradition
or
anything.
I
happen
to
live
three
blocks
from
here.
It
seems
like
I
live
pretty
close
to
a
lot
of
our
cases.
I
don't
know
why,
but
I
think
that's
because
we
have
some
long
time
busy
corridors,
commercial
corridors
in
this
area
of
the
city
and
the
army.
Post
corridor
has
been
making
improvements
lately,
but
it
still
has
a
ways
to
go.
C
So
catherine,
I'm
curious
on
a
couple
things
here,
first
and
foremost
in
getting
familiar
with
the
new
zoning
districts
directly
north
of
this
site,
the
proposed
business.
Here
we
have
three
residential
lots
and
I
see
that's,
what's
called
the
n3b
district.
Does
that
mean
residential
or
neighborhood?
What
does
that
mean
that.
C
D
C
Have
residential
zoning
to
the
north
basically
correct?
So
I
see
the
city
is
recommending
approval,
but
the
did
the
city
consider
the
fact
that
you
know
as
an
existing
property.
We
don't
have
very
much
buffer
between
a
use
that
would
be
a
very
late
night
use
and
residential
established
properties
already
there
directly
to
the
north.
Is
there
any
consideration
for
that.
D
We
did,
and
that
is
part
of
what
influenced
the
various
specific
conditions,
such
as
rear
doors
to
the
building
within
90
feet
and
by
our
estimation,
that
should
cover
essentially
all
the
rear
doors
existing
on
this
building.
So
only
doors
facing
army
post
road
could
be
open
during
hours
of
operation.
Okay
and
then
also
the
appellant
was
asking
for
operation
until
9
00
a.m,
and
we
were
recommending
a
condition
that
limits
operation
until
12
midnight
on
friday,
saturdays
and.
A
E
C
C
C
D
C
C
I
think
people
used
to
drive
through
the
old
come
and
go,
or
you
drive
through
a
shared
lot
that
went
to
the
little
building
at
125,
the
little
tiny
building
on
the
lower
left.
So
I
know
in
the
new
site
plan
it
looks
like.
Is
there
a
requirement?
The
new
site
plan
that
they
have
to
access
parking
just
from
their
own
property
with
drive
accesses?
Is
that
how
the
new
site
plan
would
lay
out.
C
C
D
C
C
B
F
C
D
B
C
C
K
But
we've
been
operating
since
april
of
2022
three
months.
Now
things
been
going
fine,
I
have
not
received.
No,
you
know
complaint
from
my
neighbors
since
we
started
in
april
and
nobody
have
come
to
me
told
me
about
music
or
shooting
or
maybe
battles.
No
one
told
me
nothing
and
it
is
operated.
As
a
you
know:
assembly
space.
We
do
it's
a
dance
hall
party,
it's
a
dance
party
hall.
K
We
have
private
parties,
graduations
community
meetings
and
baby
showers
and
so
far
so
good,
but
we
do
have
a
parking
space
on.
I
would
say
the
no,
no,
not
the
north,
or
this.
The
west
side
is
very
big
but
also
adjacent
to
us.
We
have
our
neighbors,
it's
the
mexican
store
the
two.
Also
when
our
parking
lot
is
full.
We
can
use
that
parking
space,
but
in
the
morning
we
have
to
go
and
pick
up
and
then
trash
in
the
parking
space.
K
Then
also
we
share
parking
space
with
125
army
post.
Okay,
we
do
share
parking
space
with
them
as
well
that
it's
a
biker
club
that
folks
park
to
our
parking
space.
You
know
when
we
are
not
open
and
when
they
are
not
present,
we
park
there.
My
customer
parks
there
as
well,
but
I
just
also
want
to
you
know
address
you
know
the
concern
here
for
my
neighbors
and
before
addressing
this
concern,
I
sent
out
a
meeting
a
letter.
You
know
inviting
25
of
my
neighbors,
but
nobody
showed
up.
K
It
was
on
sunday,
maybe
because
it
was
father
day
or
maybe
there
was
no,
you
know
concern,
so
they
didn't
show
up.
We
were
there
for
two
hours
me
and
the
landlord.
You
know
we
had
snacks
and
pop
available,
but,
like
I
said,
maybe
because
it
was
father's
day
yeah,
but
I
also
received
this
year
and
from
205
ahmed
post
road
that
they
have
canes
in
the
parking
lot.
K
K
That's
separating
205
from
101
on
the
post
so,
like
I
said
they
did
not
come
to
me
telling
me
say:
oh
your
customer,
usually
you
know,
leave
bottles
in
the
parking
lot,
because
right
now
we
are
not
selling,
we
are
serving
and
it's
b
y
will
be.
So
one
of
the
reasons
we
came
here
today
is
so
even
though
we
are
up
already
on
some.
You
know
byob
bring
your
own
beverages
over
serve.
You
know
our
our
memory
free
drinks.
One
of
the
reasons
we
came
here
today
is
for
us
to.
K
You
know,
request
of
you
know,
license
to
sell,
because
if
we
don't
have
you
know
alcohol
lesson
of
sale,
usually
the
whole
is
not
rented.
We
are
losing
business
and
I'm
paying.
You
know
over
3005
for
that
property
and,
like
I
said,
I
have
not
received
any
complaint
from
205
because
he
or
she
have
a
complaint
that
my
customer
leaving
battles
in
the
parking
lot.
K
You
know
they
were
supposed
to
come
over
there
because
I'm
only
open
two
days
a
week
and
and
also
let
me
respond
here
to
one
on
100
army
post
road,
which
is
opposite
my
building
across
the
street
and
that
property
here
have
a
fence.
So
there's
my
customer
is
not
parking
over
there,
because
that
property
is
fenced.
So
usually,
if
my
parking
lot
is
full,
my
customers
usually
parked
in
the
mexican
parking
lot.
You
know
because
I
already
asked
him
and
the
lender
talked
to
him
as
well.
K
So,
like
I
said,
I'm
not
disputing
that
that
concern,
but
also
I'm
not
agreeing
with
that.
You
know
I
put
myself
in
our
shoes,
you
know
if
I
have
a
business
somebody
leave.
You
know
canes
in
my
parking
lot.
You
know
I
will
go
to
the
property
owner
and
tell
them
say:
oh
your
customer
leaving
keynes.
So
that
way
after
my
events,
I
can
you
know,
make
a
tour
and
pick
up
all
those
garbage,
but
you
know
because
I
have
not
received
no
verbal
complaints
from
my
neighbors.
K
So
I'm
thinking
that
everything
is
going
good
so
far,
you
know,
but
if
my
customers
are
leaving
keynes
in
a
parking
lot,
I'm
very
sorry,
but
you
know
the
measures
I'm
taking
is
so
usually
after
my
events
and
my
events
150
and
we
clear
the
place,
you
know
so
about
two
to
fifteen.
Everybody
is
out
and
I
will
go
in
the
parking
lot
to
you
know
toward
the
parking
lot
make
sure
they
are
not
leaving
battles
so
yeah.
So
we
appealing
today,
if
we
can,
you
know,
be
granted
a
license
to
sell
that
way.
K
It
will
also
alleviate
customers
coming
bringing
our
own
drinks
leaving
kings
in
the
parking
lot,
because
if
I'm,
you
know
when
there's
an
event
where
there's
my
buyers
open,
I'm
selling
customers
not
gonna
bring
drinks
with
them.
You
know
because
they
will,
you
know
they
they
are
coming
in
to
purchase
straight.
But
if
you
tell
the
customer
byob
most
people
pull
up
and
say:
okay,
it's
byob,
you
know
I'll
bring
my
own
drink
and
some
customers
yeah.
They
do
leave
cancer
in
parking
lot.
K
A
L
K
If
I
have
my
pardon
me
if
I
have
my
license
to
sell,
because
if
I
have
my
license
to
sell,
they
won't
bring
drinks
in,
they
would
just
come
out
or
come
to
the
dance
hall
party
to
have
a
you
know
and
they
would
buy
drinks
from
inside,
but
because
I
don't
have
my
license
so
I'm
serving
or
they're
bringing
in
a
drink.
So
that's
why
you
know
people
bringing
our
dreams.
Sometimes
they
just
leave
the
kings
in
the
parking
lot.
K
C
Certainly
things:
okay,
you're
going
to
rent
you're
going
to
rent
it
out,
so
we
can
have
a
family
reunion
or
a
bridal
shower
or
something
right.
Yes,
but
are
you
looking
to
also
put
on
events
for
the
general
public,
like
maybe
have
a
tough
man
contest
night
or
a
mud
wrestling
night
or
you're
just
going
to
bring
in
a
a
band
to
perform?
A
C
So
your
assumption
is,
if
somebody
rents
this
from
you,
they're
going
to
have
a
familial
relationship
with
each
other.
It's
a
family
event,
or
maybe
it's
going
to
be
a
social
event
with
known
people
like
I'm,
going
to
invite
my
army
buddies
to
come
and
have
a
reunion,
you
know
we're
not
family,
I
mean
we
would
be
in
a
way,
but
it'd
be
a
social
thing
amongst
people
who
know
themselves
so
you're.
Just
not
gonna
have
a
bunch
of
strangers
showing
up
here
for
some
exhibition
of
that
event.
No,
okay,
all
right.
H
H
C
C
K
C
C
Yes,
okay,
all
right
great,
okay!
Well,
I
think
that's
all
the
questions
we
have
for
now,
so
you
guys
can
go
ahead
and
sit
down
for
a
few
minutes.
So
in
proceeding
with
the
hearing
at
this
stage
of
the
hearing,
is
there
anyone
that
wishes
to
speak
in
support
of
the
applicant's
request
for
this
conditional
use?
C
Anybody
that
wishes
to
speak
in
support?
Now
is
your
time
to
step
up
okay,
seeing
none
is
there
anybody
that
wishes
to
speak
in
opposition
to
the
applicant's
request?
Okay,
I
see,
we've
got
some
hands
up,
it's
kind
of
up
to
you
all
to
decide
who
wants
to
go
first,
good
choice
for
the
gentleman
to
make,
so
you
got
up
to
five
minutes
to
give
your
comments
and
we
need
you
to
start
with
your
name
and
address.
Please.
L
A
C
M
Behind
about
60
feet
at
best,
and
it's
it's
been
quite
the
thing
I
have
several
things
to
say
about
that:
most
of
them
have
to
do
with
crime
and
credibility
and
the
loudness
I'm
going
to
speak
to
credibility
first
because
last
year,
when
we
tried
to
address
these
issues
with
at
least
a
dozen
phone
calls
to
the
police
for
late
at
night,
clear
up
to
5
a.m,
sound,
it
was
loud.
The
bass,
sound.
M
My
windows
were
rattling,
that's
how
loud
it
was.
I
couldn't
sleep,
and
so
we
eventually
did
get
to
talk
to
aj
vinton
and
he
he
he
lied.
He
said
he
was
leasing
the
building.
Then
he
said
he
was
buying
it
from
him
and
then
he
changed
his
mind
that
he
was
renting
and
we
asked
if
he
had
a
liquor
license.
He
said
yes,
and
you
know
there
was
just
so
many
things.
Well,
that's
what
started
us
started
them
going
down
the
path
to
get
legit.
M
M
There
have
my
two
other
neighbors
are
going
to
talk
about
the
stabbings
and
the
gunshots
and
everything
that
goes
on
there.
But
this
is
we're
fine
with
baby
showers
and
all
that
that
goes
on.
But
this
is
a
nightclub.
Don't
don't
think
it's
anything
other
than
that
they
it's
a
dance.
Dance
party
means
a
nightclub
and
it's
been
going
on.
I
was
out
of
state
for
mid
april
and
most
of
may,
but
since
I've
got
back,
it's
still
very
loud
back
there
and
they
have
video
proof.
M
They'll
talk
about
of
that,
but
my
bedroom,
so
the
random
gunshots
that
happen,
I
could
get
hit.
You
know-
and
it's
very
scary.
Sometimes
I
have
my
grandson
who's
with
us
and
I
just
want
to
say
this
is
this
is
to
be
taken
seriously
because
there's
a
lot
of
stuff,
that's
going
on!
That's
very
unsafe.
M
M
E
So,
just
to
kind
of
back
up
what
she's
saying
like
the
things
that
are
listed
for
the
business
of
what
they
want
to
do
of
the
many
events,
the
the
daytime
events
that
you
know
what
happened
the
day
like
those
aren't
the
problem,
but
honestly,
like
we,
never
even
see
this
property
very
active
in
that
in
the
day,
and
it's
always
at
night
and
the
cars
and
the
people
are
loud.
I
mean
we
got
we're
getting.
I
think
it's
their
offense,
I
mean
their
their
customers
or
themselves.
E
E
E
The
surveys
and
the
property
lights
plots
all
figured
out,
but
I
mean
there's
just
damage
going
on
like
there's
I
mean
we've
been,
I
mean
I've
had
a
lot
of
work,
that's
proper
remodeling
and
everything
so
for
the
last
two
years-
and
I
mean
there's
just
constantly
like
when
you
go
over
the
bottles
over
the
over
the
fence
line
at
night,
when
you
step
out
onto
the
back
property,
it's
a
few
steps
higher.
You
know
you're
elevated,
but
when
you
you
know
you
can
see
over
the
fence
line.
You
can
see
everybody
in
this.
E
E
As
far
as
like
an
audience
standpoint
of
being
in
the
neighborhood
back
here,
because
it's
you
can't
even
have
a
conversation
when
we're
out
on
the
back
or
something
having
dinner
grilling
out,
you
can't
even
have
a
conversation
with
the
person
next
to
you,
because
it's
so
loud,
it's
just
disruptive,
so
I
don't
have
any
more
about
the
crime
or
anything
but
from
what
I've
I've
experienced
with
this.
It's
just
the
nighttime
is,
is
when
everything's,
active
and
yeah.
You
know
they
do
promote
it's.
E
It's
a
booty,
shorts,
booty,
short
night.
It's
I
I
get
it
fun
whatever,
but
like
that's.
The
the
promotion
there
is
is
just
with
a
lot
of
djs
coming
in
you
asked
about.
If
there's
going
to
be
any,
you
know
people
playing
music,
I
don't
know
that
falls
in
line
with
that,
but
the
djs
at
night.
Like
you
hear
this,
you
you
hear
the
glass
breaking
outside
in
the
parking
lot.
It's
just
just
a
story
really:
okay,.
C
I
This
thing
has
started
over
a
year
ago,
back
in
either
late
february
or
march
of
21,
and
he
opened
he
didn't
know
he
was
illegal.
They
came
out.
They
closed
him
down
for
a
bunch
of
code
violations,
it
was
peaceful
and
quiet,
then
he
reopened
without
us
being
notified
or
anything,
and
I
got
a
question.
I
C
I
So
he
was
truthful
then,
when
he
said
he
was
being
required
and
he
did
put
it
on,
he
was
being
required
by
the
city
to
put
that
meeting
on
yes,
okay,
okay
yep,
so
he
says
in
his
re.
The
request
is
being
made
as
a
requirement
for
the
city
of
des
moines.
Okay,
we
got
that
is
currently
being
used
for
many
weddings,
bridal
showers,
baby
showers,
anniversaries
and
the
list
goes
on
with
fuzzy,
bunnies
and
all
kinds
of
cute
things,
and
not
once
does
he
mention
like
last
weekend.
A
I
I
On
one
of
his
events
in
june
june,
27th
of
2021-
and
you
can
check
with
the
police
department,
I
was
awakened
at
3
30
in
the
morning
by
a
woman
screaming
for
help.
I
look
out
the
window
and
it's
nothing
but
emergency
vehicle
lights
put
on
my
pants
grab.
My
shoes
go
out
the
door
and
stand
in
the
middle
of
army
post
road,
which
is
both
directions,
blocked
completely,
and
it's
an
incredible
sight.
I
I'm
thinking
my
god
how
many
squad
cars
are
here
in
360
degrees.
I
counted.
28
squad
cars,
two
paramedic
vehicles,
a
fire
truck
and
a
paddy
wagon
people
on
the
ground,
with
their
zips
hands,
zip
tied
behind
their
back
one
woman
being
loaded
into
the
paramedic
unit,
and
I'm
thinking
this
is
not
a
good
place
for
me
to
be
so.
I
I
I
I
C
O
O
O
O
O
O
I've
also
got
video
of
the
shooting.
I've
got,
I
got
video
of
it
runs.
I
got
video
of
no
sound,
but
the
parking
lot
being
absolutely
full.
They
don't
show
up
until
almost
midnight,
so
they're
too.
Your
12
o'clock
time
limit
is,
is
nothing
they
don't
show
up
until
at
11
30
to
12
o'clock
and
they
stay
till
2,
3
4
even
past
four
on
some
occasions.
O
O
O
O
O
They
used
to
to
be
there.
Okay,
they
use
that
parking
lot
and
summer
gets
here.
Yeah
they
get,
they
get
real
noisy.
I
mean
real,
noisy
them.
Bikes
are
loud
and
they're
screaming
in
and
out
of
them,
there's
really
no
with
them.
There
there's
not
a
lot
of
parking
on
that
side
of
the
building
either.
Okay,
this
cyrus
ruskin
was
complaining
about
no
parking.
C
C
P
Eric
lendy
zoning
enforcement
officer
for
city
des
moines,
the
just
to
clarify
the
site
to
the
west,
has
an
approved
site
plan
for
a
fraternal
organization.
Okay
and
is
in
compliance.
They
do
not
hold
a
liquor
license.
Okay,
so
any
you
know
anything
that
happens
there
is
within
the
confines
of
a
private
club
organization.
That's.
C
P
Correct
so
to
clarify
they,
they
do
have
ownership
of
the
west
portion
of
the
parking
lot.
Well,
you
know
I
don't
know
if
there's
a
recorded
easement
or
a
prescriptive
easement
there,
without
pulling
the
site
plan
to
find
out
what
happened
there.
This
site
got
a
site.
This
site
was
given
us
approved
site
plan
in
2021,
based
on
it
being
considered
a
an
event
center,
or
you
know,
a
place
of
assembly
that
type
of
use
essentially
you're,
looking
at
the
same
criteria
as
if
it
was
going
to
be
a
bar.
P
So
if
they
wanted
to
be
a
bar
open
to
the
public,
you
know
five
to
seven
days
a
week.
You
know
it's
a
it's
a
label,
but
basically
the
same
criteria
are
applied
to
this
situation.
If
this
gets
denied,
they
will
still
have
as
long
as
they're
in
compliance
with
their
site
plan.
They
will
have
the
use
for
their
private
events.
Any
alcohol
that
would
be
sold
would
have
to
be
catered
in
or
or
some
type
of
temporary
event
that
they
would
have
to
get
permit
permit.
For
so
when
you.
P
A
P
P
E
P
P
I've
already
been
working
to
try
to
get
more
evidence
on
sound
violations
and
yeah,
which
is
a
challenge
because
you
know
the
sound
ordnance,
the
you
know.
Some
of
the
compliance
has
to
do
with
keeping
doors
closed,
not
letting
sound
escape
from
the
building
that,
and
I
have
to
have
evidence
of
that
or
testimony
you
know,
recorded
testimony
of
that.
So.
P
Okay-
and
you
know
so,
my
encouragement
has
been
to
use.
You
know.
Police
non-emergency
calls
when
there's
sound
issues,
so
we
can
get
as
much
evidence
of
those
situations
that
we
may
be
able
to
enforce
on
from
the
sounds
standpoint,
junk
and
debris
and
trash
we
can
enforce
independently
with
our
junk
and
debris
ordinances.
N
N
P
C
P
It's
going
to
get
brought
back
in
front
of
this
board
if
there's
a,
if
there's
a
series
of
these
things
happening
right
right,
certainly
but
yeah,
the
just
the
loitering
and
kind
of
the
after
operation
activities
that
are
occurring.
It's
the
same
on
any
commercial
premise.
If
this
guy,
you
know,
becomes
a
just
disturbing
the
peace
and
quiet
kind
of
situation
and
frankly,
the
the
owner
should
be
able
to
police
that
with
either
security
or
you
know,
towing
footing
the
bill
for
towing
to
keep
people
from
trespassing.
A
G
P
G
C
While
you're
up
here,
we
can
start
with
questions
for
staff,
anybody
have
any
questions
for
eric
dave
kind
of
did
eric.
I
am
curious,
maybe
your
colleagues
can
help
here,
but
unless
I
missed
it,
I
you
guys
often
especially
if
it's
assembly
uses
or
alcohol
is
going
to
be
involved.
You'll
show
police
reports
for
recent
time.
Did
you
guys
show
a
police
report
on
this
one
within
the
radius.
B
C
C
Right,
yeah
yeah,
I
just
I
I
try
to
make
sure
as
much
as
I
want
to
listen
to
people
when
they
talk
about
police,
doing
this
and
people
in
the
street
and
people
doing
this,
sometimes
it
may
be
related
to
a
site.
Sometimes
it's
not.
I
mean
I'm
going
to
evaluate
what
I
certainly
heard
today,
but
sometimes
it
can
be
certainly
helpful
to
see
those
police
reports.
C
Okay.
Well.
So
what,
since
we've
asked
staff
questions,
any
other
questions
for
staff,
so
vinton
you
get
to
bring
us
around
to
close
this
out.
You've
got
up
to
three
minutes
with
some
of
the
concerns
you've
heard
or
questions
you
can
round
this
out.
So
I'll
give
you
three
minutes
to
wrap
her
up.
Yeah.
C
K
So
I
I
I
really
appreciate
my
neighbor's
concern,
but
I'm
I'm
concerned
too.
I'm
bothered
that
since
I
opened,
none
of
them
have
come
to
my
place
to
tell
me
these
stuff
going
on
you
see,
so
I'm
shocked,
you
know
and
also
dave,
don't
believe
anything
you
see
because
you
know
people
can.
You
know,
take
picture
on
the
internet
and
just
put
it
in
as
evident,
but
you
have
to
be.
You
know,
confirmed
and
verified.
K
You
know
so,
and
she
mentioned
that.
There's
a
gunshot,
I
don't
even
have
a
police
report.
There's
no
police
came
to
me
and
said
there
was
a
shooting
at
your
place.
So
please
I
don't
want
fabrication.
I
want
facts.
Okay,
I
wanna
say
you
have
this
concern
come
to
me,
I'm
open!
Every
weekend
I
wanna
work
two
days
a
week,
most
of
them
work.
Five
days
a
week,
I'm
only
working
two
days
a
week
to
feed
a
family
of
seven.
All
right.
K
You
know,
and
my
monthly
expense
is
like
almost
eight
thousand
do
this
a
week
and
you
try
to
shut
me
down
just
do
this
a
week.
Everybody
goes
to
work
five
days
a
week.
I
want
to
go
to
work
two
days
a
week,
friday
and
saturday.
That's
it
to
feed
a
family
of
seven
and
to
pay
a
monthly
expense
of
close
to
eight
thousand.
K
K
I
can
take
the
initial
step
or
I
can
take
steps
to
to
to
alleviate
this
stuff.
I
didn't
get
no
complaint
about
him,
police,
nothing.
You
know,
since
I
moved
over
there
in
a
reopen
in
april,
I've
been
working
along
with
the
city
I
have
spent
over
ten
thousand
just
for
landscaping
and
continuing
to
spend
this
money.
What
do
you
guys
want
me
to
do?
Shut
my
entire
business
down
and
become
homeless?
You
know
apply
for
full
staying
or
if
a
caucasian
person
have
that
business.
Is
that
what
you
guys
gonna
be
doing?
K
You
know
what
what
do
you
guys
want
me
to
do?
I
don't
know
what
to
do.
I'm
applying
what
everything
the
city
tell
me
to
do
everything
I'm
doing
that
you
know.
I
have
spent
almost
22
000
just
to
stay
in
business.
Okay,
you
know,
I
mean
the
cops.
Call
me
and
say:
is
there
a
way
that
you
can
stop
your
party
at
two?
I
said
yes,
I
could
go
into
four
or
five.
I
don't
have
no
time
leave
me
according
to
to
the
zuni,
but
just
to
be
flexible.
K
With
my
neighbor,
I
stopped
my
whole
party
at
150..
I
tore
down
the
music,
so
I'm
complying
with
everything.
So
I
don't
know
what
my
neighbors
are
saying
and
they
show
flyers.
They
follow
me
on
my
page.
So
if
you
have
the
time
to
follow
me
on
my
facebook
page,
I'm
a
graphic
designer
yeah,
I'm
a
promoter,
I
do
everything
for
people
to
come
to
my
place
when
it's
not
rated.
You
know
buddhist
shows
that
doesn't
mean
that
the
girls
are
naked
in
there.
K
No,
it's
just
a
phrase
I'm
using
to
attract
people
to
come
and
and
and
socialize
to
a
dance
body
hall.
You
know
if
they
want
to
dress
in
show
because
there's
someone
they
have
the
right
to
do
that.
You
know
so
my
advice
to
my
neighbor,
please
communicate
with
me.
You
know:
let's
work
together,
you
know
I'm
open
to
suggestions,
I'm
I'm
hoping
to
be
flexible,
you
know,
but
I
have
to
feed
my
family.
This
is
my
primary
source
of
income.
I
have
to
live.
K
K
J
C
L
Q
L
C
C
Maybe
there
are
things
that
are
going
on
now.
Maybe
there
will
be
things
going
on
in
the
future,
outside
of
our
purview
oversight
and
decision
making
and
those
things
may
or
may
not
continue
to
happen
and,
as
eric
said,
there
are
other
things
in
the
code
general
nuisance,
things
disturbing
the
peace
etc.
C
N
N
C
C
I
have
tended
to
remember
that
you
know
there's
a
bunch
of
conditions
here,
and
most
city
staff
are
probably
asleep
at
2
30
in
the
morning,
unless
you're
with
the
des
moines
police
department.
So
if
we
put
on
a
bunch
of
conditions
well,
the
vehicle's
got
to
be
towed
by
a
certain
time,
who's
going
to
be
enforcing
that
we're
going
to
have
eric
you
better,
be
getting
up
early.
C
H
C
That's
a
rhetorical
question
is
what
you're
asking
I'm
just
yeah
yeah,
it's
a
nice
night:
let's
go
side,
yeah
yeah!
This
is
this
is
a
tough
one
and
I
seem
to
do
this
a
lot,
but
I
always
say
I'm
familiar
with
this
area
and
I've
lived
here
for
a
long
time.
I
can
tell
you
that
army
post
corridor,
it's
the
only
four-lane
street
that
runs
east
and
west
on
the
south
side
of
the
entire
city.
C
It's
come
a
long
way,
but
frankly,
it's
still
an
embarrassment
to
me.
It
just
is,
and
we've
tried
and
tried
and
tried
for
decades,
but
as
businesses
have
changed
over
time,
we've
got
a
lot
of
empty
buildings
and
I
want
to
have
those
buildings
filled.
I
want
to
have
them
filled
with
people
who
are
trying
to
feed
their
families,
but
what
I
don't
want
to
do
is
continue
to
have
a
trend
where
we
in
essence,
instead
of
solving
issues
just
continue
to
have
festering
wants.
C
I
have
not
known
what
the
hell's
been
going
on
at
this
site
for
a
number
of
years.
Frankly,
since
la
hacienda
left
the
first
time,
I
would
never
want
to
drive
in
there
with
some
guards
standing
around
or
bikers,
and
it
appears
we
don't
even
know
who's
doing
what
events
as
far
as
the
driveway,
because
we
have
a
shared
drive
somebody's
just
there
two
nights
a
week,
that's
not
like
customer
service
desk
hours,
where
you
can
just
stop
in
and
and
say,
hi
how's
it
going.
C
We've
had
club
sapphire
that
was
down
by
stefan
plaza
a
disaster
that
was
in
the
old,
yeho
garden
restaurant.
I
know
my
south
side,
the
wicked
rabbit
southport
lounge.
I
heard
the
gunshots
from
ten
blocks
away
one
night
at
two
a.m.
I'm,
like
somebody
just
dumped
a
clip
on
a
nine
mil.
I
knew
what
I
was
hearing.
C
We
can't
continue
to
have
this
in
our
corridor
and
those
issues
and
those
problems
are
not
his
problems.
But
what
I
don't
want
to
do
is
set
everybody
up
for
failure.
I
don't
want
to
set
him
up
for
failure
by
having
to
put
a
whole
bunch
of
money
into
an
operation
to
then
just
continue
to
have
nuisances.
C
I
don't
want
to
put
the
city
in
a
spot
where
yeah
we've
got
a
conditional
use
permit
with
16
to
2
dozen
conditions
and
we're
out
there
with
a
fine-tooth
comb,
and
I
don't
want
to
set
the
neighbors
up
for
failure.
I
just
gave
a
general
hint
hey,
there's
some
houses
here
to
the
north
gee.
This
seems
a
little
close
and
then
listen
to
what
they
told
us
and
I've
never
met
these
nice
people.
C
C
What
is
allowed,
there
is
allowed
there
and
it's
their
job
and
the
police
department's
job
to
stay
on
it.
I
pointed
at
him
back
there,
but
I
would
have
a
difficult
time
legitimizing
further
events
at
this
location.
I
just
and
I
understand
exactly
what
what
some
of
you
are
saying.
Well,
let's
put
some
parameters
on
it,
then,
so
I
guess
I'm
kind
of
open
to
whatever
emotions
you
guys
would
like
to
look
at,
but
I've
I
haven't
seen
anything
of
greater
concern
asking
for
permission
in
a
very
long
time.
C
G
C
G
Again,
I'm
not
yeah
advocating
one
thing
or
another
right
this
minute,
I'm
trying
to
because
I'm
conflicted
too
and
it's
I
don't
think
people
made
all
this
stuff
up,
I'm
kind
of
surprised
he
doesn't
know
what's
going
on.
If
he's
there
two
nights
a
week
like
he
says
it's
three
or
four
in
the
morning,
so
yeah,
I'm
not
sure.
J
I
I
think
the
conditions
in
here
are
such
that
it
would
improve
the
situation
for
the
neighbors
rather
than
the
status
quo.
I
think
status
quo
is,
I
mean
just
hearing
eric's
description
of
the
tools.
They
have
it's
just
it's
just
not
enough
to
to
deal
with
it,
and
I
think
this
is
you
know.
They'd
be
they'd,
come
back
before
our
board.
J
If
they
didn't
adhere
to
any
of
these,
and
it
covers
a
lot
of
the
things
we've
been
talking
about.
It
covers
loitering,
it
covers
hours,
it
covers
the
liquor
license
covers.
You
know
maximum
occupancy
closed
door
in
the
back
parking.
You
know
it's
got
it
there's
just
a
lot
in
there
and
let
alone
just
the
noise
noise
control
and
then
number
16
is
a
kind
of
a
catch-all
right
where
it
says.
If
it's
a
nuisance,
they
can
bring
it
back.
J
So
I
feel
like
including
that
and
then
litter
and
trash
so
including
approving
this
just
gives
both
city
staff
and
our
board
and
frankly,
the
neighbors
more
leverage
to
end
up
with
a
better
situation
here.
So
I'm
kind
of
inclined
to
support
staff
recommendation,
which
would
be
approval
with
with
these
16
conditions,.
C
J
I
I
feel
like
midnight,
I
mean
we've
seen
lots
and
lots
of
bars
around
the
city
and
lots
of
different
places
right
up
against
neighborhoods
and
midnight
is
kind
of
what
we
allow.
Generally
speaking
on
weekends,
I'd,
be,
I
guess,
kind
of
personally
hard
pressed
to
restrict
it
any
further
on
my
motion.
C
Yeah
good
good
points
on
both
sides:
yep
yep,
all
right,
so
we've
got
a
motion
and
a
second
to
recommend
approval
of
the
requested
conditional
use
permit
subject
to
the
conditions
as
presented
by
city
staff.
So
if
that's
clear
to
everybody
we'll
go
ahead
and
take
a
vote,
all
those
in
favor
of
granting
the
conditional
use
permit,
raise
your
right
hand
and
say
aye
one,
two,
three,
four:
five,
those
opposed,
nay.
I
only
do
that
in
kind
of
a
statement.
I
want
you
to
be
successful,
sir.
C
I
want
this
to
work
for
everybody,
so
I
want
you
to
keep
feeding
your
family
and
make
your
business
work.
So
you've
got
the
conditions
here
you've
been
approved.
I
would
invite
your
neighbors
over
to
a
special
event
just
for
them,
maybe
not
on
another
holiday
and
get
to
know
each
other,
because
I
can
tell
everybody
here
is
a
good
person
and
I
want
you
to
be
good
neighbors.
So
I
wish
you
well
on
that
all
right.
C
R
R
So
this
is
the
subject:
property
it's
on
east
grand
avenue
in
the
historic
east
village
neighborhood
you
can
see
here,
it's
generally
downtown
area,
mixed
use
with
commercial
and
residential.
This
property
is
also
a
designated
local
landmark,
as
it
contains
the
historic
norton
hall
at
the
site,
and
currently
the
property
is
zoned.
Dx2.
R
This
is
a
aerial
view
of
the
property:
here's,
the
restaurant
and
bar
use
and
here's
the
patio
to
the
west
side.
This
is
the
space
at
the
back
where
the
appellant
is
proposing
the
additional
two
thousand
square
foot
patio.
I
have
some
more
pictures
just
to
get
you
familiarized
to
the
area.
This
is
from
the
front.
A
R
Is
looking
from
the
west
side?
This
is
the
east
side.
This
is
the
back
of
the
building
in
the
aerial
you
saw.
It
was
a
grassy
area.
This
is
now
paved,
so
this
is
essentially
where
the
proposed
patio
would
go
in
behind
the
building
and
there's
some
existing
off-street
parking.
As
you
can
see
here,
this
is
the
alley
and
kind
of
give
here's
the
here's.
R
R
I
believe
there
are
10
conditions,
standard
conditions
here
that
are
that
were
listed
here
in
the
staff
report.
I'm
not
going
to
go
over
all
of
them.
The
requested
conditional
use
right
now
before
you
is
to
retain
the
the
existing
use,
but
to
add
the
2000
square
foot
patio
at
the
back
of
the
building
into
the
to
amend
the
conditional
used
to
in
order
to
have
that
the
again
going
back
to
the
designated
local
landmark.
R
Therefore
it
this
is
a.
This
is
a
site
which
is
a
local
landmark.
The
northern
hall.
Therefore,
any
site
development,
including
the
proposed
patio,
would
have
to
be
in
accordance
with
any
conditions
of
certificate
of
appropriateness
that
might
be
issued
by
the
landmark
review
board,
and
the
landmark
review
board
did
consider
this
on
june
21st
2022.
R
Also,
any
parking
area
that
is
to
be
provided
for
customers
shall
be
illuminated
as
per
the
court,
and
any
assembly
of
for
events
within
the
building
shall
be
in
accordance
with
the
building
and
fire
codes.
All
the
other
conditions
are
essentially
the
same.
I
would
also
like
to
point
out
condition
number
three,
which
indicates
that
any
outdoor
patio
shall
have
no
outside
speakers
or
amplified
sound
and
shall
comply
with
article
four
of
chapter
42
of
the
city
code
that
pertains
to
noise
control.
R
R
R
J
A
R
P
C
R
J
R
C
Yoshi
just
a
couple
quick
ones:
these
are
just
kind
of
minor,
but
I
know
this
is
a
highly
urbanized
area.
There's
really
no
green
space.
The
way
it
is,
but
are
they
allowed
to
expand?
It
looks
almost
lot
lined
a
lot
line
for
the
patio
area.
Are
there
requirements
for
any
kind
of
setbacks
or
green
space
or
open
space
or
or
permeable
space.
R
B
Just
I'm
sorry,
I
I
know
a
little
more
in
the
background
sure
that's
one
of
the
first
things
that
we
did
when
this
came
in
was
to
circulate
it
with
our
engineering
staff,
make
sure
that
storm
water.
There
was
no
that
green
space
that
had
been
there
was
not
needed
for
storm
water
management
sure
and
in
the
downtown.
Our
landscape
standards
and
green
space
standards
are
very
minimal
yep.
But
we
would
look
at
that
through
the
site
plan
process.
C
C
S
James
thyberg,
the
address
is
425
east
grand
coat
cantina.
So
they've
shown
you
basically
what
we've
done.
We
poured
a
patio
out
back
and
basically
just
using
that
extra
space
for
food
service
and
alcohol
service
as
we're
extremely
busy,
and
we
need
the
extra
space
and
obviously
patio
space,
and
I
was
you
know
great-
to
have
yeah
so
with
that.
You
can
see
that
if
I
scroll
down
to
the
picture
so
that
driveway
next
to
us,
that's
ours,
there's
no
customer
parking
there.
S
Our
employees
park
it
right
now
to
the
east
of
us
for
blazing
saddle,
that's
just
a
fence
there,
but
we
do
have
underneath
that
tree.
We've
cut
it
out
for
landscaping,
and
then
there
is
still
a
grass
area
that
you
can
see
kind
of
where
those
tables
are
stacked
up,
so
that'll
all
be
landscaped
nicely
as
well,
along
with
that
hill,
where
the
trees
are
and
then
there's
a
sidewalk
that
goes
up
there.
So
both
sides
of
that
will
be
landscaped
very
nicely.
S
Okay,
we
just
had
it
stained
and
sealed,
as
you
can
see,
so
it's
not
just
looking
like
a
parking
lot
and
then
we
have
our
like
our
plant
installer,
that
is
doing
all
professional
planters,
all
along
the
fence
line
soften
that
up,
make
it
a
nice
enjoyable
space.
To
be
honest,
you
guys
are
familiar
with
our
place,
but
it
is
a
very
nice
place
very
much
different
than
the
last
guys,
but
so
you
know
we
take
pride
in
what
we
have
and
what
we
offer
and
what
you
know.
S
As
we
saw
that
there's
no
outdoor,
sound
or
any
amplified
speakers,
we
don't
plan
to
put
any
back
there
as
there
are
apartments
right
behind
us,
so
we
don't
want
to
bug
our
neighbors
bother
them.
We
just
want
more
of
the
space.
You
know
to
be
able
to
serve
our
customers.
Food
and
drinks
there'll
be
tables
out
there.
You
know
a
few
of
the
yard
games
stuff
like
that.
No
live
entertainment,
nothing
loud,
nothing
excessive!
S
You
can
see
the
lighting
that
we
have
there,
just
the
cafe
lighting.
So
that's
been
up
for
two
years.
That
fence
has
been
there
as
they
said.
We
met
with
the
landmark
review
board
yesterday
they
said
we
didn't
need
to
remove
the
fence.
Just
if
you
know,
if
that
patio
does
stay
there,
there's
a
proposed
idea
of
there
being
a
building
built
in
this
driveway.
That
could
happen
with
our
building
owner.
If
that
happens,
we
only
have
two
months
really
with
this
patio,
so
either
that
fence
makes
it.
S
C
C
It
used
to
sit
at
the
foot
of
the
capitol
where
locust
and
penn
avenue
met.
I
don't
know
18
80
90,
something
and
when
we
first
approved
this
conditional
use
permit,
it
was
basically
a
wine
bar
five
million
right,
but
by
approving
it
for
that
conditional
use,
selling
beer
wine
alcohol
that
could
change
over
time.
C
S
S
C
G
C
P
C
All
right,
yeah
yeah,
I
did
drive
by
a
couple
weeks
ago
and
I
thought
wow
that's
pretty
busy.
I
think
it's
a
little
different
than
the
wine
bar
it
used
to
be,
but
hey
it
looked
like
everybody's
having
a
good
time
and
no
problems.
Okay,
all
right!
Thank
you.
Eric
any
other
questions
for
staff.
Okay,
seeing
none!
I
know
you
were
just
up
here,
but
you
can
give
a
three-minute
closing
rebuttal
if
you
want.
C
I
I
will
just
ask
you
one
thing
and
you
cannot
you've
seen
the
staff
conditions
if
we
were
inclined
to
approve
this
you're,
okay
with
those
yeah.
If
you
want
to
say
anything
I'll,
just
have
you
come
back
up
quick
since
you'd
have
a
rebuttal,
regardless
yeah,
with
the
conditions
that
treyoshi
laid
out.
S
S
No,
we
we're
not
trying
to
have
a
big
loud
club
there
by
any
means,
no
loitering.
Of
course
you
know
glitter
and
trash.
We
like,
I
said
we
take
pride
in
our
establishment.
We
keep
it
clean
throughout
and
at
the
end
of
the
night,
no
drive
through
windows
fire
codes.
I
know
that
they
one
of
their
requirements
we
have,
we
do
have
to
put
another
exit
back
there,
which
they've
already
made
us
aware
of
a
site
plan
should
have
been
sent
in
or
it's
getting
sent
in,
but
yeah.
C
C
C
All
right
so
motion
by
marvelous
in
a
second
by
dave,
to
approve
the
conditional
use
permit,
subject
to
staff
recommendations
as
presented
all
those
in
favor,
raise
your
right
hand,
say:
aye.
Aye.
All
right
motion
carries
five
to
zero.
Okay,
all
right!
Well
again,
as
I
mentioned,
be
good
neighbor
run.
A
great
business
have
a
good
time
and
everybody
will
be
happy
all
right.
You
bet
thanks
for
your
time
today,
okay,
so
that
just
brings
us
to
we
had
minutes
from
last
month.
If
folks
have
reviewed
those
those
who
are
present.