►
From YouTube: 9-21-23 Plan & Zoning Commission
Description
Des Moines Plan & Zoning Commission meeting on Thursday, September 21, 2023.
View the agenda: https://DSM.city/PZatHome
A
B
Welcome
to
the
September
21st
2023,
meeting
of
the
city
of
Des
Moines
plan
and
Zoning
Commission.
The
plan
and
Zoning
commission
is
generally
an
advisory
body
to
the
city
council.
The
city
council
will
hold
a
public
hearing
and
make
the
final
decision
on
all
matters
before
the
commission
other
than
site
plans
and
subdivision
plots
unless
denials
or
conditional
approvals
thereof
are
appealed.
B
Please
contact
the
city,
clerk
or
development
services
department
staff
for
details
on
Council
hearings.
Applicant
will
be
given
10
minutes
to
present
the
request
proponents,
and
then
opponents
from
the
public
are
then
allowed
to
speak
in
that
order
with
which,
with
each
speaker
allowed
a
maximum
of
five
minutes
applicant
is
then
allowed
five
minutes
for
a
rebuttal.
B
B
Items
listed
on
the
consent
portion
of
the
agenda
will
not
be
individually
discussed
and
will
be
considered
for
approval,
in
accordance
with
the
recommendation
in
the
staff
report,
unless
an
individual
present
or
member
of
the
commission
requests
that
the
item
be
removed
from
the
consent
agenda
and
considered
separately
under
the
public
hearing
agenda,
we
have
just
we
do.
Okay,
all
right.
If
I
can
get
a
motion
from
a
commissioner
to
approve
the
September
7th
commission
minutes.
E
F
B
B
B
B
B
B
F
Yeah
chair,
remember,
the
commission
and
the
public
I
just
will
provide
a
little
rationale
as
to
the
applicant
has
requested.
The
item
be
continued.
Allow
further
time
to
look
at
their
project.
It
was
continued
from
a
previous
meeting.
They
have
met
with
neighbors
and
are
trying
to
see
how
they
can
incorporate
some
of
those
comments.
So
that's
the
purpose
of
the
continuation.
B
Okay,
is
there
a
motion
for
each
continuance,
a
motion
from
a
commissioner
to
continue
item
number
six
to
the
October
5th,
so
moved
all
those
in
favor
raise
your
right
hand.
B
To
approve,
yes,
thank
you
item
number,
seven,
a
request
from
Kenyan
Hill,
Ridge
LLC
for
review
and
approval
of
a
Second
Amendment
to
the
Ruby
Rose
PUD
conceptual
plan
to
allow
adjustments
to
the
general
layout
and
to
increase
the
number
of
dwelling
units
from
65
to
73..
This
item
has
also
asked
for
a
continuance
to
the
October
5th
Planning
and
Zoning
meeting.
F
Yeah
and
just
to
update
the
commission
and
and
the
public
the
applicant
is
wanting
to
take
a
little
take
a
step
back
relook
at
the
proposal,
possibly
make
some
adjustments
to
address
some
feedback
that
they've
received.
So
this
would
be
if
the
commission
votes
to
continue.
The
item
it'll
be
heard
at
the
October
5th
meeting
and
then
we'll
have
an
updated,
updated
material
at
that
point
and
see
what
changes
have
been
made
to
their
design
can.
H
I
ask
a
quick
question
on
that:
one,
unlike
typical
site
plans
or
things
that
we
approve
all
of
those
comments
that
were
requested
to
be
included
in
the
approval,
we're
in
the
text
of
the
the
body
of
the
city
report.
Why
weren't
those
things
included
in
the
actual
PUD
plan
or
site
plan,
or
are
they
going
to
do
that?
There's
like
17
items.
F
Or
something
like
that,
17
at
the
staff
right,
yeah,
okay,
so
those
are
our
recommendation.
Those
are
conditions
of
approval
that
we're
suggesting
and
so
those
if,
if
those
get
adopted,
those
would
be
a
requirement.
They'll
need
to
be
notes
on
the
plan
or
they'll
have
to
make
adjustments
to
the
drawings
to
reflect.
That
is
that
what
you're?
Okay,.
F
Just
yeah
no
great
question
I'll
take
a
step
back,
so
this
is
a
plan
unit,
development
or
PUD,
and
so
you
really
have
two
there's
the
conceptual
plan
which
is
really
like
setting
your
zoning
and
then
we
have
What's
called
the
Pud
development
plan,
which
is
really
the
site
plan.
Where
you
really
get
into
the
details.
We
are
at
that
zoning
that
front-end
zoning
stage
I
know
with
the
because
it's
drawing
based
it
looks
a
lot
like
a
site
plan
B.
It's
really
we're
kind
of
setting
more
parameters
at
this
time.
F
F
Because
it's
really
best
to
have
the
the
public
process,
all
the
comments,
all
the
record
at
one
time
and
then
that's
protocol
wise,
that's
what
we
need
to
do.
So
are
you
if
you're
able
to
attend
on
the
fifth
I,
encourage
you
to
do
so.
B
F
B
F
B
All
right,
our
next
item
for
continuance
is
a
number
eight,
a
request
from
Larry
Chapel
and
Daryl
Chappelle
for
the
following
regarding
properties
located
at
4150,
East,
University,
Avenue
and
1207
Williams
Street
determination,
as
whether
the
request
of
rezoning
is
a
conformance
with
plan
DSM
before
I.
Go
on
with
this
I'll
just
say
that
the
plan
is
to
continue
it
indefinitely
at
this
time.
So.
F
Yeah,
just
the
the
in
this
case
we're
not.
The
applicant
isn't
required
asking
to
move
to
a
specific
date.
They
are
revisiting
their
proposal,
and
so,
if
they
come
back,
we
will
do
because
it's
in
what
we
call
an
indefinite
continuation,
we
will
actually
re-notify
everybody
that
received
a
notice
this
time
around.
So
if
it
does
come
back,
there'll
be
a
new
notice.
F
B
B
Okay,
okay,
all
right
again,
I
apologize
for
the
continuance
can
I
get
a
motion
from
a
commissioner
to
continue
this
item
indefinitely.
B
All
right
and
the
final
item
for
continuance
is
item
number
10.
to
continue
it
to
the
October
5th
meeting.
It's
a
request
from
IA
14
Des
Moines
LLC
for
review
and
approval
of
a
public
hearing
site
plan,
SilverStar
car
wash
3600
East
14th
Street
for
type
2
design
alternatives,
and
this
one
is
being
continued
to
October
5th.
F
And
again,
this
applicant
is
wanting
to
see
if
they
can
address
some
some
comments
and
maybe
work
towards
some
of
these
standards.
So
looking
at
the
design,
a
little
further
need
a
little
more
time
to
do
that.
B
B
Hey
that
covers
it
for
the
consent
and
the
continuance,
and
so
we
will
move
back
to
item
number
four:
a
request
from
thikra
madhawi
for
vacation
of
160
lineal
feet
of
the
north-south
alleyway
located
in
the
vicinity
of
1013
Scott
Avenue
bounded
by
Shaw
Street
to
the
South
Southeast
11th
Street
to
the
East
and
Southeast
10th
Street
to
the
west.
To
allow
the
vacated
area
to
be
assembled
and
maintained
for
private
use
and
Bert
from
staff
is
here
to
present.
K
All
right
all
right,
Madam
chair
members
of
the
commission,
Bert
Ross
planning
staff
for
the
city
of
Des
Moines.
As
the
chair
just
read,
it's
for
vacation
of
a
section
of
undeveloped
alley
right
away.
The
map
on
the
screen
right
now
shows
the
location
of
this
right-of-way.
It's
just
to
the
excuse
me,
north
of
Shaw
Street.
K
There
used
to
be
an
undeveloped
alley
right
away
that
went
across
the
entire
block,
but
about
four
years
ago
the
northern
portion
of
the
alley
was
vacated
and
then
has
since
been
conveyed
to
the
property
to
the
east
at
1013.
Scott
Avenue,
the
applicant
for
the
request
tonight
is
actually
the
owner
of
1013
Scott
Avenue.
So
I
just
want
to
put
put
out
there
that
the
commission's
charge
is
just
to
determine
whether
the
right-of-way
is
needed
for
a
public
purpose.
It
really
isn't
the
commission's
charge
to
decide
who
the
right-of-way
ultimately
gets
sold
to.
K
It
is
the
city's
real
estate
divisions
policy
to
sell
half
of
the
adjoining
alley
right
away
to
the
adjoining
property.
So,
theoretically,
the
properties
to
the
east
should
have
first
right
to
buy
these
half
and
the
properties
to
the
West
should
have
the
first
right
to
buy
the
second
half,
but
at
the
end
of
the
day
it
is
up
to
the
city
council
to
decide
who
buys
the
property.
But
again
tonight
the
commission
is
just
charged
with
determining
whether
this
right-of-way
is
needed
for
a
public
purpose.
K
So
we'll
have
three
photos.
The
third
photo
will
be
the
most
important,
but
this
just
shows
the
house
at
the
North
End,
that's
requested
the
vacation.
This
is
looking
down
the
north
north
or
looking
from
the
north
end.
So
looking
towards
the
South
across
the
half
of
the
alley,
that's
already
been
vacated.
You
can
see
the
property
owners
paved
a
nice
driveway
in
this
area
and
then
this
third
picture
is
looking
North
from
Shaw
street.
So
you
can
see,
there's
no
developer
right
of
way.
K
So
again,
staff
is
charged
or
charged
with
just
determining
whether
this
right-of-way
is
needed
for
a
public
purpose.
We
feel
that
there
are
three
conditions
that
are
needed
to
ensure
that
the
vacation
and
conveyance
doesn't
become
problematic
for
the
surrounding
properties
and
the
first
of
those
is
just
reservation
of
any
easements
for
any
existing
utilities.
K
The
second
is
reservation
of
an
easement
to
for
access
to
the
small
parcel
that
is
owned
by
Polk.
County
I
will
show
you
that
here
shortly
and
then
the
SEC.
The
third
is
to
provide
a
no-build
easement
for
the
existing
garage.
That's
on
the
property
at
625,
Southeast,
10th
Street.
So
on
the
map
here,
you
can
see.
Polk
County
owns
this
small
parcel
here.
That's
landlocked
so
staff's
recommending
that
an
easement
be
provided
to
allow
access
to
this
property
until
such
time
that
it's
conveyed
we
did
reach
out
to
Polk,
County
and
Polk.
K
County
has
no
prop
plans
to
I.
Guess
use
that
little
parcel.
That's
hanging
out
there
they've
owned
it
for
about
50
years
I
think
they
took
it
from
a
tax
sale.
When
the
previous
owner
didn't
pay
taxes,
then
it
eventually
went
back
to
the
county.
They
said
that
they
were
unsuccessful
in
trying
to
sell
it
to
the
previous
owner.
In
the
past,
but
looking
at
it
now,
there
is
a
new
owner
at
1020
Shaw
street.
So
perhaps
the
new
owner
would
be
interested
in
buying
this
Polk
County
owned
parcel
here,
but.
D
K
Sure
yeah,
the
building
code
requires
any
building
to
be
at
least
five
feet
from
a
property
line
just
for
fire
code
purposes,
but
in
this
instance
there's
an
existing
shed
on
that
property
to
the
west,
and
so
it's
just
providing
a
nobility
instrument
to
ensure
that
no
other
buildings
get
built
within
five
feet
of
that
shed.
So
save
the
property
to
the
east
buys
the
entire
right-of-way
that
nobility
has
been
able
to
just
ensure
that
no
buildings
get
built
too
close
to
that
building
with
buildings.
K
If
you
can't
meet
fire
code,
meaning
if
you
can't
provide
a
fire
rated
wall,
then
you
have
to
have
that
five
foot
setback
in
this
instance.
It's
not
reasonable
to
require
that
existing
property
owner
to
retrofit
the
garage
with
a
fire
rated
wall.
So
it's
easier
just
to
require
a
Nobel
easement,
ensure
nothing
gets
built
too
close.
M
13
Scott
Avenue
at
the
beginning,
I
would
love
thank
everyone
who
actually
helped
me
whether
inside
or
outside.
Thank
you
so
much
to
everyone.
M
I
submit
my
requested
for
other
half
of
the
Ali
I
standing
here
for
second
time
I've
been
here,
2019
and
I
gotta
just
have
the
early
today.
I
would
like
have
the
other
part
of
the
Ali
Applause,
the
spot
from
Paul
Tony
I'm,
sorry,
maybe
I'm
shaking
because
when
I'm
standing
here,
it's
not
easy
at
all.
Totally
not
easy.
I
feel
my
heart
almost
will
came
out
of
my
you
know
so.
M
I
apologize,
but
I
would
like
have
approval
for
both
actually
my
requested
for
the
other
half
of
the
alley
and
for
the
Paul
company
spot,
because
there
is
a
no
enter
to
the
Polk
County
spot
or
exit
either
the
alleyway.
Never
ever
so.
I
would
like
have
both
of
them.
I
would
like
take
care
of
it,
join
to
my
property,
make
it
completely
different
by
the
way.
There
is
too
many
trees
over
there
with
growing
randomly
and
sacks
sneaks
everywhere.
So
I
would
like
to
take
care
of
that
area.
B
M
I
Yes,
my
question
is:
do
you
disagree
with
anything
that
the
the
department
said,
the
three
conditions?
Do
you
disagree
with
any
of
them?
They
have
three
recommendations.
Do
you
disagree
with
any
of
the
three
it's
on
page
three.
B
F
Yeah
what
the
commission
is
charged
is
doing
is
making
a
recommendation
on
if
the
alley
is
needed
for
a
public
purpose,
and
so
that
recommendation
goes
on
to
city
council
and
then
the
there's
really
like
a
two-step
process.
First,
when
we're
going
to
sell
right
away,
we
have
to
vacate
it
or
we
have
to
decide.
Is
it
needed
for
a
public
purpose
and
if
it's
not,
then
we
can
vacate
it
and
then
we
can
sell
it.
This
commission
is
part
of
the
front
part
of
that
process.
The
beginning,
where
we
just
decide
is
the
public.
B
Right
right,
the
Polk
County
piece
is
a
completely
different
project.
Okay,
all
right
all
right!
Thank
you.
Thank
you.
If
you
can
sign
your
name
and
your
address
on
that
white
sheet
right
there.
Thank
you.
Is
there
anyone
here
in
the
audience
who
would
like
to
speak
in
favor
of
this
item?
B
All
right,
seeing
none
I,
will
close
the
public
hearing
and
open
it
up
to
the
commission
for
discussion
and
motions
I.
B
There's
no
further
discussion.
All
those
in
favor
raise
your
right
hand.
B
Five:
a
request
from
MMR
Enterprises
for
vacation
vacation
of
an
L-shaped
alley,
right-of-way
located
in
the
vicinity
of
2400
Cortland
Drive,
founded
by
Kirkwood
Avenue
to
the
north
Portland
Avenue
to
the
east.
To
allow
the
vacated
area
to
be
assembled
and
maintained
for
private
use
and
trioshi
is
here
from
staff
to
present.
N
N
Just
to
give
you
a
little
bit
context,
this
vacation
request
was
actually
submitted
by
the
property.
That's
right
here,
just
to
the
south
of
the
alleyway
that
starts
at
Cortland
Drive.
N
If
we
had
proceeded
with
just
vacating
the
portion,
that's
adjoining
the
the
parcel
at
2400.
It
essentially
creates
a
dead
end
right
away,
which
we're
not
supportive
of
therefore,
staff
extended
the
area
that's
being
proposed
for
vacation
all
the
way
up
to
Kirkwood
Avenue.
So
as
do
not
create
a
dead
end.
Alleyway,
we
did
consult
with
the
city's
public
works
department
to
ensure
that
there
wasn't
a
need
to
maintain
that
Alleyway
for
maintenance
or
access
purposes,
and
we
did
get
their
confirmation
on
that.
N
This
is
a
an
exhibit
of
the
of
the
alleyway
and
I
have
some
pictures.
As
you
can
see
here,
this
is
looking
from
Cortland
Drive,
further
west
and
the
property
that's
adjoining
seems
to
have
encroached
into
the
alleyway
and
has
expanded
their
parking
and
storage
into
the
alleyway
area.
N
This
is
looking
south
from
Kirkwood
Avenue.
The
alleyway
right
here
seems
to
be
providing
some
access
to
the
the
properties
adjoining,
but
here
is
a
screenshot
of
the
aerial
which
will
show
you
and
I
can
Orient
you
right
here.
So
the
the
beginning
of
the
alleyway
by
Cortland
Drive
is
right.
Here.
Here
is
the
other
Portion
by
Kirkwood
Avenue.
So
this
is
essentially
the
only
portion
that's
currently
being
used.
The
rest
of
the
alleyway
is
fairly
overgrown
and
appears
not
to
be
used
for
any
access
purposes.
N
N
So
that
that
concludes
my
presentation.
I
do
want
to
point
out
again,
as
with
the
previous
case
as
well
here
we're
looking
at
the
first
piece,
which
is
the
vacation
request.
Once
the
vacation
has
been
recorded
by
city
council,
City
will
contact
the
individual
property
owners
that
join
the
the
alleyway
that's
being
vacated
to
see
if
they
would
be
interested
in
purchasing
any
portion
of
the
of
the
alleyway
that
adjoins
their
property.
So
that
would
be
the
next
step
following
vacation.
H
N
The
the
app
the
applicant
that
is,
that
adjoins
the
property
here,
that's
encroached
into
the
alleyway-
is
interested
in
purchasing
the
alleyway,
so
they
will
be
purchasing
this
area.
That's
currently
public,
right-of-way
and
they're
encroaching
into
they
would
have
to
address
the
issue
of
the
of
the
gravel.
That's
that's
been
encroached
on
the
onto
the
lawn
and
the
other
areas,
but
it
would.
It
would
not
be
a
public
right-of-way
anymore
if
they
purchase
the
property.
That
would
be
that
would
be
conveyed
over
to
them.
So
it'd
be
private
property.
F
Yeah,
the
cracks
of
the
issue
was
the
encroachment
into
the
right-of-way,
and
so
the
right-of-way
is
no
longer
right
away.
You
know
it's
a
good
question.
F
Yeah
and
until
you
come
we'll
let
this
do
separate
issues.
One
is
just
like
an
enforcement
thing.
We,
it
may
or
may
not
be
relevant,
but
really
what
the
commission
needs
to
focus
on
is
their
public
purpose
for
this
alley
and
we're
saying
no
we'll
sort
out
the
details
of
enforcement
and
sale
later.
N
If
the,
if
they're
interested
in
purchasing
their
portion,
then
of
course
that
that
issue
would
have
to
be
also
resolved
because,
as
you
saw
in
the
picture,
they're
encroaching
into
the
entire
Alleyway
now,
but
if
only
a
part
of
the
alleyway
is
being
conveyed
to
the
property
owner
at
2400,
then
they
would
have
to
address
that
encroachment
issue.
B
A
J
I
would
just
my
tenants
and
I
have
been
maintaining
that
area
of
the
property.
For
the
past
seven
years,
we've
removed
trees,
volunteer,
trees.
Things
like
that,
it's
been
mowed,
the
shed
that's
shown
in
the
picture
has
been
moved
off
of
the
alleyway
and
the
tenant's
been
served
notice
to
remove
the
gravel
and
she's
working
with
Jesse
Torres,
the
city
engineer
to
properly
establish,
what's
to
be
put
there.
The
only
issue
the
city
had
was
that
it
was
gravel,
it
wasn't
concrete
or
asphalt.
B
Okay,
seeing
that,
if
you
would
sign
into
the
white
sheet
there,
thank
you
very
much.
Is
there
anyone
in
the
audience
tonight
who
would
like
to
speak
in
favor
of
this
item?
B
C
Hi
I'm
Andrea
zatoli,
718,
Kirkwood,
Avenue
I'm,
just
two
houses
over
from
the
people
that
are
requesting
this
I'm
in
favor
of
it.
But
I
don't
understand
if
it's
an
Alleyway
I
didn't
know
was
an
Alleyway.
C
Are
we
talking
about
closing
both
ends
of
it
and
they're?
Talking
about
the
owners
of
the
homeowners
being
able
to
purchase
I'm,
not
quite
sure,
I
understand
what
we'd
be
allowed
to
purchase
yeah.
F
So
the
yes,
this
would
be,
and
this
isn't
really
a
fully
developed
alley.
So
I
mean
there's
not
a
lot
to
do
to
you
know
close
it
so
to
speak,
but
in
general
the
once
we
get
past.
The
kind
of
the
ideas
is:
is
this
needed
for
a
public
purpose?
F
You
know
we've
kind
of
talked
about
that
doesn't
appear
that
the
public
doesn't
need
to
drive
through
here
it
doesn't
appear
to
us,
so
our
recommendation
from
this
board
will
go
on
to
the
council
and
then,
if
the
council
agrees
with
that,
they'll
direct
our
real
estate,
folks
in
the
engineering
department,
to
reach
out
to
property
owners
and
to
talk
to
Property
Owners
about
buying
whether
or
not
you're
interested
in
buying
the
alley
portion
that
adjoins
your
property
and
everybody
gets
the
first
take
at
the
their
half
of
what
it
joins
their
property.
F
If
you
don't
elect
to
purchase,
then
you
know
a
neighbor
may
have
the
option
to
buy
some
of
the
the
other
half.
Maybe
you
know
instead
of
meeting
you
in
the
middle,
they
might
buy
all
the
way
over
to
your
property
line.
If
it's
a
neighbor
on
the
opposite
side,
for
example,
okay,.
C
F
B
G
My
name
is
Jennifer
Gomez
I
used
to
live
at
722,
Kirkwood
Avenue.
My
son
purchased
the
property
from
us.
He
is
in
the
back
there
I'm
just
representing.
K
G
For
so
he
owns
this
portion,
or
he
lives
right
next
to
this
here
and
this,
and
then
he
owns
this
lot
here.
So
I
guess
the
question
is,
is
if
he
were
so.
If
he
doesn't
purchase
that
other
people
can
purchase
that
and
then
he
would
have.
How
would
he
get
access
to
his
Backlot
and
we
lived
there
since
August
of
2000
to
2019
April
2019
when
he
purchased
it?
Nobody
no
city
has
ever
come
in
and
maintained
mode.
G
G
F
Well,
it's!
It
may
be
what
we
term
more
like
a
paper
alley
in
the
sense
that
it
doesn't
it's
not
fully
developed
and
people
don't
realize
it's
there,
but
it
is
publicly
owned
land,
so
it
belongs
to
the
public.
So
we
have
to
go
to
the
vacation
process.
G
F
Well,
I
think
it
makes
a
lot
of
sense,
I,
think
for
your
family
or
your
son
to
you
know
to.
G
You
do
so
I
guess
my
thing
is
is
if
he
would
have
to
then
would
he
be
then
eligible
to
purchase
what
adjoins
to
his
Backlot
as
well?
That
half
yeah.
F
He's
going
to
get
first
shot
on
the
the
half
that
fronts,
that
okay
and
then
than
the
other,
the
the
other
leg,
the
north
south
leg
as
well
and
and
these
are
covered
the
we
don't
really
at
this
stage-
we're
more
The,
Big,
Picture
People.
So
there's
nuanced
discussions
happen
with
our
engineering
staff.
G
F
If
you
have
general
questions
to
our
staff
can
talk
to
you
after
the
the
side
or
whatever
and.
F
Yeah,
why
don't
shreyoshi
will
follow
you
out
and
and
kind
of
talk
about
the
process
a
little
bit
further?
Okay,
you
don't
have
the
next
item.
Do
you
you
do
okay?
Well,
then,
bird
or
neck
will
follow
you
out
and
can
kind
of
talk
to
you
about
the
process.
Okay
and
just
kind
of
let
you
know
where
you've
you
know
where,
where
we
are
and
where
you
can
interface,
okay,.
B
B
O
For
hearing
us
today,
my
name
is
Colleen
McLean
I
purchased
the
home
at
608
Kirkwood,
which
is
right.
If
you
look
at
the
photo
right
behind
yeah
right
there
right,
where
the
access
purchase,
my
home
in
September
of
2020,
I'm,
actually
kind
of
sideway
into
a
mass
junk
cars.
Campers
utility
trailers,
kitty
litter
after
I,
moved
in
it
became
I,
did
at
that
point,
I
reached
out
to
the
owner
of
MMR
Enterprises
Mark
Davis
Mark
offered
no
solution
and
did
not
intend
to
correct
his
tenants.
O
I
do
have
emails.
It's
at
this
time
that
I
then
reached
out
to
the
city
for
assistance.
For
the
first
time
after
I
involved
this
city,
the
behavior
of
the
tenants
at
2400
Cortland
became
harassing.
They
created
many
burn,
open,
burn,
piles,
the
eye
and
others
had
to
call
into
the
fire
department.
They
became,
began
lighting
professional
grade
fireworks
over
my
garage
at
all
hours
of
the
night,
most
recently
September
24th
or
last
week.
O
There
have
been
what
sounds
like
gunshots
and
was
shot
into
the
air.
It
became
more.
The
easement
at
that
point
became
more
about
safety,
a
buffer
for
safety.
For
me
than
just
about
my
personal
use
of
being
able
to
use
these
now,
I
did
at
that
point
hire
a
survey
company
to
do
a
survey,
so
I
could
install
a
fence.
O
My
property
line
actually
goes
on
a
lot
farther
than
my
fence
does
and
after
I
had
the
survey
pins
in
the
tenant
at
the
rear
of
2400
Cortland
dug
up
my
survey
pens
and
when
confronted
by
me,
blamed
it
on
the
tenant
in
the
front
and
then
later
admitted
that
he'd
done
it
because
he'd
hit
his
foot
on
the
survey
pen
and
he
didn't
know
what
it
was
well.
It
also
had
a
wooden
stake
that
said:
property
marker
with
the
the
orange
flag
on
it.
O
At
that
point,
it
called
Mark
Davis
from
MMR,
and
he
told
me
that
his
tenants
are
not
his
problem
and
to
call
the
police
I
have
emails
to
the
city,
including
I,
think
you're
included
on
some
of
these
dating
back
to
September
of
2021,
that
I've
saved
that
I
can
forward
anybody
who'd
like
to
provide
their
email
where
I'm
seeking
resolution
and
just
joint
use
of
the
easement.
O
There
has
been
record
of
911.
There
has
to
be
a
record
of
9-1-1
calls
responses
from
the
fire
department
and
police
I
have
communications
from
suanne
Donovan
assistant,
director
of
Neighborhood
Services,
back
from
June
of
2022,
looking
into
putting
2400
Cortland
on
the
nuisance
property
list,
the
police
refer
me
to
the
city.
This
city
refers
me
to
the
police.
O
I
was
told
it
would
be.
Do
me
no
good
to
purchase
the
easement,
because
all
adjoining
owners
would
have
to
agree,
so
it
shouldn't
worry
me,
because
2400
Cortland
would
never
be
able
to
purchase
it
either.
Yet
here
we
are
I
am
not
able
to
maintain
my
lawn
in
the
back
of
my
property
for
fear
of
running
into
the
tenant
in
the
rear
of
2400
Cortland.
O
My
question
to
you
is
this:
what
right
do
I
have
to
live
peacefully
in
my
home?
The
answer
for
any
attorneys
here.
The
answer
is
I.
Have
the
right
to
quiet
enjoyment
and
to
not
live
in
fear
for
my
personal
safety
or
the
safety
of
my
property,
I
would
ask
you
to
decline,
mmr's
petition
to
purchase
the
easement
and
follow
through
on
promises
to
enforce
city
ordinances
that
maintain
order
and
provide
peace
and
safety
to
Residents.
Like
me,
thank
you.
B
Okay,
seeing
none
the
applicant
now
has
time
for
a
rebuttal.
J
I've
talked
to
the
tenant.
Neither
tenant
admitted
to
doing
anything
like
that
and
I.
Don't
see
why
they
would
we've
taken
time
planted
plants
on
the
hill
behind
her
garage
because
it
looked
bad
there's
a
overgrown
with
weeds
nauseous
plants,
Poison
Ivy
and
we
planted
hostas
there.
So
it
looked
better
for
my
tenants.
She
told
my
tenants
that
if
they
weren't
removed,
she
was
going
to
come
out
and
spray
everything
with
brown
belt
she's
been
very
irascible
screaming
yelling,
not
very
nice.
J
B
Okay,
I
have
a
question,
so
you
on
the
property
at
2400,
Cortland,
Drive,
correct.
P
B
J
The
tenant
for
the
front
apartment,
2400
Parks
her
two
cars
in
that
Alleyway,
okay,.
B
J
B
F
Excuse
me
sorry,
I
forgot
to
put
the
mic
on
yeah
just
park.
Maybe
you
can't
just
park
in
the
alley
you
have
to
leave
it.
L
F
The
right
away,
if
the
right-of-way
is
vacated
and
everybody
enjoy
by
you
know,
gets
their
parts.
Then
it
you
know
it's
it's
it's
possible
that
some
parking
could
be
developed
over
there.
It'd
have
to
be,
you
know,
done
in
accordance
with
standards.
F
Okay,
the
vacation,
the
vacation,
this
requested
vacation
and
then
and
Sal-
isn't
going
to
just
clear
up
on
itself
any
outstanding
enforcement
issues
that
that's
kind
of
its
own
process
and.
J
It's
just
that
I've
been
maintaining
that
Alleyway.
For
the
past
eight
nine
years
there
were
volunteer
trees
all
over
the
place,
weeds
poison,
ivy,
and
so
my
tenants
and
I
have
been
maintaining
that
area
instead
of
the
city.
Maintaining
it
so
my
I'll
have
the
the
tenant
in
the
front
will
be
able
to
then
park
on
the
gravel.
J
J
D
J
B
H
The
so.
L
I
think
those
Neighbors
have
some
value
in
being
able
to
use
that
alley.
So
looking
out
for
the
neighborhood's
best
interest
that
it
might
be
best
for
the
people
that
live
along
there
and
we
do
have
one
person
who
has
spoke,
you
know
pretty
passionately
for
their
position
that
you
know
we
have.
We
have
to
listen
to
neighbor
Neighbors,
neighborhood
and
people
that
live
here
that
are
residents
of
city
of
Des,
Moines,
so
I
understand,
I
I
live
in
a
neighborhood.
I
have
issues
that
there's
things.
L
You've
got
to
use
your
judgment
and
your
education
to
base
that
on
and
I
feel
that
that
is
the
best
intent
for
this
award.
B
All
those
in
favor,
of
denying
the
request
raise
your
right
hand.
F
A
B
Just
because
nobody's
else
speaking
I,
this
is
a
difficult
issue,
because
I
I
do
think
that
there
are
at
least
a
couple
homeowners
who
are
or
using
this
or
have
maybe
some
reservations
about
it.
Being
you
know,
vacated
as
an
alleyway,
but
I
also
don't
see
that
the
city
really
is
in
need
of
keeping
the
alleyway,
it's
not
being
used
for
the
full
length
of
it.
It's
not
being
maintained
by
the
city,
so
I'm
not
sure
why
it
wouldn't
be
sold
to
homeowners.
D
You
know
Madam
chair,
Des
Moines
has
had
in
the
19th
century
an
unenviable
Heritage
of
laissez
faire,
which
means
that
a
developer
could
do
anything.
A
developer
wanted
to
do
and
did
do,
and
it's
resulted
in
any
number
of
dog
legs
and
dead
ends
and
T
intersections,
and
you
name
it,
and
the
city
has
struggled
with
that
over
the
years
to
try
to
correct
it,
and
the
city
is
still
doing
doing
that
and
doing
you
know
a
good
job
when,
when
it's
really
important,
this
is
bizarre.
D
F
We
for
the
residents,
the
public
hearing
Parts
closed,
so
the
we
have
to
just
keep
it
to
the
commission.
B
Right
so
so
it's
my
understanding.
The
owners
are
2400
use
the
alleyway
for
parking
and
the
owner
who's.
Three
houses
from
the
corner
is
able
to
access
the
back
of
the
property
except
for
being
blocked,
but
it
I
don't
know
that
it's
really
a
maintained
alleyway
for
any
further
than
that.
F
Yeah
and
and
we've
had
I
mean
coming
to
this
meeting.
We've
had
conversations
with
with
the
presenter
or
not
the
present,
the
neighbor,
that's
indicated,
and
then
the
concern
and
my
understanding
was
that
she
was
interested
in
buying
her
part
of
the
you
know,
bay
kit.
She
was
actually
support
at
different
points.
We've
actually
she's
asked
us
to
vacate
it,
and
so
she
can
buy
her
part
of
it.
F
So
I
right,
I,
don't
know
that
this
is
really
well.
Staff
recommendation
is
already
on
the
floor.
This
is
not
needed
from
our
perspective.
This
is
not
needed
for
a
public
purpose,
so
the
the
idea
of
who
it
gets,
sold
to
and
stuff
is
not
art.
It's
not
our
process,
that's
real
estate
and
that's
up
to
them
to
figure
out
what
you
know
who's
going
to
do.
What
and
what
were
what
the
city
is
willing
to
live
with.
E
D
A
B
N
Thank
you,
madam
chairs.
She
chakraborty
planning
staff
item.
Nine
is
a
rezoning
request
for
a
property
at
4140,
Park
Avenue.
The
request
is
to
rezone
the
property
from
RX1
to
MX3
mixed-use
District,
to
allow
the
development
of
an
existing
building
as
a
convenience
store
and
to
also
allow
liquor,
alcoholic
liquor
sales
so
I'll
give
you
a
little
context
of
the
area.
So
this
is
at
the
Southeast
wardrobe
of
the
intersection
of
Park
Avenue
and
Southwest
42nd
Street.
The
current
zoning
of
the
property
is
RX1.
N
This
is
used
to
be
a
convenience
store
it's
currently
vacant.
Now
there
was
also
gasoline
sales
with
pumps.
Those
things
have
been
removed.
What
the
applicant
is
proposing
right
now
is
to
redevelop
this
existing
building,
that's
awakened
into
a
convenience
store
and
to
also
allow
the
sales
of
food
coffee
as
well
as
alcoholic
liquor,
wine
and
beer.
So
in
the
RX1
District,
the
applicant
is
able
to
to
develop
this
as
a
convenience
store
with
the
sale
of
the
things
that
they're
proposing,
except
for
alcoholic
liquor,
which
requires
the
rezoning
to
MX3.
N
They
would
still
need
a
conditional
use
either
way
from
the
Zoning
Board
of
adjustment
for
the
for
the
alcohol
sales,
and
they
cannot
exceed
40
percent
of
the
of
the
revenue.
N
However,
the
reasoning
that
we're
looking
at
here
right
now
is
because
of
the
fact
that
the
applicant
has
chosen
to
sell
alcoholic
liquor
in
addition
to,
in
addition
to
beer
and
wine,
the
area
here,
there's
a
multi
family
across
the
street
on
Southwest
42nd
to
the
north,
there's
mostly
single
family
here
to
the
to
the
east,
so
there's
a
mix
of
uses
in
the
area.
N
This
is
a
conceptual
sketch
of
what
the
applicant
potentially
wants
to
do.
As
you
can
see
they
they
want
to
maintain
the
existing
driveways
they'll,
be
redoing,
repaving,
the
driveways
and
the
and
the
parking
lot.
This
is
the
existing
building.
They
plan
to
install
new
sidewalk
along
Southwest
42nd.
They
are
also
proposing
a
drive
up
window
for
a
collection
of
items
that
they're
selling
I
will
point
out
that
that
alcohol
sales
are
not
allowed
through
a
drive
up
window.
N
Here's
some
pictures
of
the
the
existing
vacant
building
just
to
give
you
a
context
of
the
area.
This
is
looking
South.
Here's
the
multi-family
buildings
across
this
Southwest
42nd.
N
N
Staff
has
reviewed
this
request
and,
while
a
limited
retail
sale,
including
a
convenience
store
that
allows
the
sale
of
beer
and
wine
and
other
convenience
items
is
allowed
and
appropriate
for
this
location
staff
has
concerns
with
the
rezoning
2
mx-3
District,
just
for
the
allowance
of
alcoholic
liquor
and
I'd
like
to
go
to
this
map
here.
Just
to
show
you
why
staff
had
concerns
about
this.
As
you
can
see,
this
is
a
a
zoomed
out
a
little
bit,
so
you
can
see
the
zoning
in
this
area.
This
is
the
subject
property
right
here.
N
N
N
The
applicant
did
conduct
a
neighborhood
meeting
and
they
can
give
you
a
detailed
summary,
but
I'll
just
I'll
just
stay
here
for
a
minute,
so
you
can
read,
they
had
a
couple
neighbors
that
attended
and
seemed
like
they
didn't
have
any
major
concerns
with
the
with
the
rezoning
request
and
the
proposed
use.
N
F
If
I
before
we
get
into
questions,
I
did
want
to
elaborate
on
one
thing:
the
shreyoshi
that
map
that
does
a
great
job,
I'm
glad
that's
in
there
of
that
kind
of
broader
zoning
of
the
area.
The
other
thing,
too,
to
keep
in
mind,
is
that
this
reasoning
request
requires
a
land
use
plan
Amendment.
So
the
other
thing,
the
other
map
that
we
looked
at
too,
was
like
looking
at
the
land
use
map
and
what
the
Community
commercial
designation
is.
What
really
needs
to
go
with
that
MX3
is
true.
F
She
did
a
great
job
of
talking
about
where
MX3
is
supposed
to
be.
You
know
the
high
capacity
corridors
that
Community
mixed
use-
land
use
designation,
is
also
that
same
that
same
thing.
You
know
the
our
busier
main
thorough
Affairs.
Currently
this
area
is
it
neighborhood
mixed
use?
Is
there
yeah,
so
I
just
wanted
to
emphasize
that
and
make
sure
that
we
don't
get
as
you
think
about
this
application?
It's
really
two
things:
it's
amending
the
land
use
plan
and
changing
the
zoning.
So
it's
it's
not
just
as
simple
as
oh
I.
F
H
Yes,
Carol
did
trafficking
Transportation
have
any
recommendation
to
close
that
curb
cut
on
Park.
N
We
did
not
have
any
specific
recommendation
at
this
time,
but
when
they're
working
through
the
site
plan,
that's
when
the
access
issues.
H
H
N
They
they're
and
the
applicant
can
speak
more
in
detail
about
their
proposal.
What
they
indicated
in
the
application
is
they
want
to
provide
a
variety
of
different
products
at
the
at
the
convenience
store,
and
that
would
include
everything
from
coffee
to
food
as
well
as
other
things
you
might
find
at
convenience,
store
and
alcohol
as.
H
Well,
okay,
and
they
would
be
able
to
be
open.
24
7
like
a
come
and
go
or.
N
They
they
could
be
open,
but
they
can.
The
hours
for
the
alcohol
sales
would
be
determined
during
their
conditional
use.
Approval
at
specific
timings
would
be
part
of
the
the
condition
of
the
conditional
use
approval.
H
B
I
do
have
a
question.
There
is
another
RX1
zoning
that
is
down
West
on
Park
Avenue
I.
Think
where
George
Flagg
Parkway
joins.
Is
that
do
I?
Have
that
right
am
I,
remembering.
B
B
H
F
I
think
they
have
beer
and
wine
do
they
have
a
conditional
use
permit
okay,
but
they
predate
probably
predate
the
requirements
of
their
grandfather.
B
Okay,
so
they're
handled
differently,
restaurants
versus
convenience
stores,
okay
and
we're
not
dealing
with
the
drive
up
window
during
this.
During
this
meeting
right.
N
P
Richard
McCullum
Sanborn
Iowa
I
am
the
general
manager
of
Brew
oil
and
I
oversee
our
operations,
and
we
are
looking
to
grow
into
Des
Moines.
We
do
have
a
lot
of
sites
in
Northwest,
Iowa
and
I.
Do
have
this.
P
We
have
a
lot
of
fuel
sites,
but
we
also
in
our
fuel
sites,
have
developed
our
coffee
brand,
which
is
where
the
Brew
name
really
came
from,
and
so
we
uniquely
have
a
lot
of
premium
coffee
products,
things
that
you
know
frappes
fruit,
smoothies
and
the
different
Ice
Cream
drinks
that
you
know
regular
coffee
shops,
more
high-end
coffee
shops
would
make,
and
so
that's
a
little
bit
about
our
brand
and
why
it,
uniquely
you
know
it
does
tie
in
with
the
convenience
where
we
do
offer
usually
have
the
beer
and
wine
and
liquor
available
as
well.
P
But
in
our
convenience
brand
we
offer
those
food
stuffs
as
well.
We
do
a
lot
of
fried
chicken
in
our
sites
and
hot
and
ready
different
products
that
customers
can
come
through
and
pick
up
either
Order
ahead
or
pick
up
and
that
are
hot
and
ready
to
go,
are
Brew
brand
and
the
coffee
related
products
that
we
do
make
available
is
something
that
we
really
feel
and
we
have
in
other
communities.
P
Lamar's
and
Ida
Grove
is
in
Northwest
Iowa,
where
we
offer,
and
it
really
is
a
unique
site
where,
yes,
the
convenience
is
all
there
and
we
it's
a
really
family,
centered
kind
of
location
in
town,
because
the
kids
love
to
come
in
and
get
those
different
fruit,
smoothies
and
ice
cream
related
products
that
we
make
in
our
coffee
shop.
P
So
we
definitely
feel
that
improving
this
property
that
we
have
purchased
and
we
would
appreciate
you
know
that
we
do
appreciate
this
consideration
and
definitely
look
forward
to
hearing
your
guys's
responses.
N
P
Yes,
in
our
convenience
store
locations,
we
have
many
that
do
not
sell
liquor;
they
they
do
sell
beer
and
wine.
Usually,
though,.
A
P
Will
add
too,
if,
if
I'm
allowed
to
that,
the
the
drive
up
window
really
is
fed
by
the
coffee
products
as
is
and
our
other
sites,
or
even
if
it
is
allowed
to
dispense
the
other
products?
It's
the
coffee
customers
that
can
can
zip
up
and
grab
a
quick
coffee
and
get
down
the
road.
That
is
our
primary
reason
for
requesting
that.
B
B
Right
are
there?
Is
there
anyone
who
would
like
to
speak?
Who
would
like
to
have
neutral
comments,
just
curious,
because
this
is
our
last
item
on
the
agenda
tonight.
So
still
members
of
the
audience,
no
one
wants
to
speak.
Correct,
no.
A
B
F
So
that
that
was
the
that
one's
been
continued.
That
means
the
application
wasn't
withdrawn,
but
the
applicant
is
asked
for
the
item
to
not
be
considered
tonight,
so
you're,
the
property
owner-
yes
and
you
so
I
the
developer,
the
developer
that
was
looking
at
the
property
that
instigated
this
rezoning
asked
said:
they'd
like
more
time
to
think
about
they're,
not
100
sure
how
they're
going
to
move
forward
or
not.
B
D
May
I
ask
a
question
of
the
of
staff.
There
were
a
number
of
objections
to
the
proposal.
The
application
would
that
require
a
super
majority
of
the
council
later
on.
A
N
Just
look
at
the
so
it
looks
like
only
four
percent
of
the
respondents.
The
the
land
area
is
against,
so
it
would
require
over
20
to
have
require
the
super
majority.
E
D
Your
your
question,
Carolyn,
was
absolutely
spot
on
and
about
the
business
model
that
it
wouldn't
collapse.
I
would
I
found
that
very
compelling.
N
H
B
B
B
B
Okay,
so
all
right,
all
those
in
favor
of
the
motion
to
move
staff.
Please
raise
your
right
hand.
F
F
Guys's
dedication
and
Justin
too,
for
calling
in
and
helping
us
make
this
meeting
happen.
So
big,
thank
you
to
all
of
you.
Do
we
have
that
we
were
going
to
have
a
5
30
session
it'll
be
the
first
meeting
in
November
instead.
So
looking
forward
to
that,
but
that's
all
I
have
thank
you.