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From YouTube: 9-27-23 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, September 27, 2023.
View the agenda: https://DSM.city/ZBOAatHome
C
The
members
of
this
board
are
citizens
of
the
city
of
Des
Moines.
They
have
been
appointed
to
the
board
by
the
city
council,
the
board
members
are
volunteers
and
they
receive
no
compensation
for
their
public
service.
I'll
introduce
our
board
members
on
the
audience
from
the
audience's
right,
Tom
desio
next
to
him
is
Dave.
Gare
next
to
him
is
Rhonda
sedillo
on
the
audience's,
far
left
Heather
Ann
Rowe,
then
Justin
gross
and
next
to
him
is
marlus.
Jones,
I'm,
Mel,
pins.
C
The
board
chair
and
to
my
left
is
the
zoning
board's
legal
counsel,
Gary
guidelock
I'm,
going
to
take
a
moment
here
to
introduce
our
city
staff,
who
will
be
assisting
today
with
the
hearing
that
includes
Frank
Dunn
Young,
Senior
city
planner,
Bert,
dross,
the
deputy
planning
administrator
Chris
Hiles
Cove,
the
zoning
enforcement
officer
and
Eric
Lundy,
the
deputy
director
of
Neighborhood
Services.
Our
meeting
moderator
down
here
in
front
by
all
the
gizmos
is
Tyler
Hall
I'll
take
a
moment
here
to
cover
the
meetings
procedure
for
some
of
you.
C
This
may
be
your
first
time
in
front
of
the
board.
You
may
hope
it's
your
only
time,
but
we'll
help
you
through
the
hearing.
So
don't
worry
about
the
procedural
part,
we'll
guide
you
through
that,
but
we'll
give
you
a
background
here
on
how
it
works.
First
and
foremost,
the
Zoning
Board
of
adjustment
is
a
quasi-legal
board.
This
hearing
will
be
conducted
within
the
procedures
and
format
as
authorized
by
Iowa
law
in
this
City's
ordinances.
C
This
meeting
is
open
to
the
public.
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.
If
you
don't
have
a
copy
of
the
agenda
and
the
staff
recommendations,
we've
got
them
by
the
entrance
door
here,
the
little
black
trays.
So
when
I'm
done
with
my
opening
comments,
feel
free
to
step
up
and
grab
one
of
those.
C
C
C
In
fact,
they'll
be
considered
for
approval
in
accordance
with
the
recommendations
in
the
staff
report,
unless
the
appellant
does
not
agree
to
the
conditions
recommended
or
if
there's
an
individual
in
this
audience
or
a
member
of
this
board
that
requests
that
the
item
be
removed
from
the
consent
agenda,
so
that
a
full
discussion
on
the
matter
can
occur
before
a
decision
is
made.
So
I'll
come
back
to
this
in
a
just
a
few
minutes
here
with
how
the
consent
agenda
works
for
the
regular
portion
of
the
agenda.
C
After
an
item
has
been
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.
We'll
then
move
to
the
public
comment
portion
of
the
hearing.
Anyone
wanting
to
speak
in
support
of
in
opposition
to
or
in
neutrality
of
an
appeal
will
be
allowed
up
to
five
minutes
each
to
provide
their
comments.
C
This
will
be
their
one
and
only
opportunity
to
address
the
board.
Regarding
the
item
at
hand,
once
all
concerned,
citizens
have
spoken
on
the
agenda
item,
the
board
will
then
ask
any
additional
questions
of
City
staff
and
finally,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
other
closing
comments
if
they
so
choose.
C
All
speakers
must
speak
only
from
the
podium
here
at
the
center
of
the
room.
There's
a
microphone
there
by
that
screen.
You
must
first
begin
their
your
presentation
by
giving
both
your
name
and
address
of
business
or
residence
as
appropriate.
In
the
event,
you
may
need
to
be
contacted
for
legal
notices
related
to
the
outcome
of
this
appeal.
C
All
speakers
are
requested
to
remain
courteous
and
to
focus
their
comments
only
upon
those
facts
that
demonstrate
whether
or
not
the
criteria
established
by
law
has
been
satisfied.
Speakers
are
asked
to
ensure
that
they're
respectful
of
time
considerations
and,
if
necessary,
the
board
chair,
will
limit
further
comments
by
a
speaker
if
they
exceed
their
time
limitation.
C
C
The
decisions
of
this
board
can
only
be
appealed
in
the
Iowa
district
court.
So
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.
In
order,
if
you
believe
the
zoning
regulations
applied
by
this
board
are
wrong,
you
may
petition
the
city
council
to
change
those
regulations
for
future
considerations.
C
All
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
will
be
considered
as
part
of
the
permanent
record.
So
if
you
plan
to
present
any
drawings
photos
or
documents
that
you
haven't
already
provided
to,
City
staff
you'll
need
to
provide
appropriate
copies
of
those
and
you
may
contact
City
staff
after
the
hearing,
if
you'd
like
a
copy
of
anything
presented.
C
Finally,
some
quick
housekeeping
items
we'd
ask
that
you
please
avoid
any
undue
conversation
in
the
audience
so
as
to
limit
distractions
during
the
hearing
good
job.
So
far,
please
ensure
your
cell
phone
has
been
silenced,
also
good
job
so
far,
and
if
you
need
to
use
a
restroom,
you
can
just
leave
through
the
doors
here
walk
past
the
stairs
you
don't
have
to
go
back
downstairs.
Restrooms
are
just
past
the
staircase
on
the
left.
C
Once
the
agenda
item
you're
interested
in
has
been
completed,
you're
welcome
to
leave
the
hearing
and
we'll
have
a
five
minute
break
in
the
hearing
around
three
o'clock,
or
so,
if
we
might
need
that,
so
that's
basically
our
kind
of
procedural
format.
So
what
I'll
do
now
is
ask
Frank
to
come
up
and
we'll
just
kind
of
make
a
quick
review
here
if
we
have
any
changes
to
the
agenda.
C
D
C
Because
we
had
continued
that
from
last
month
was
that
correct,
correct,
yeah,
excellent,
okay,
so
that'll
leave
items
one
three
and
four
on
our
consent
agenda.
So,
as
I
said,
I'll
go
over
that
again
briefly,
the
request
for
the
zoning
exceptions
and
conditional
uses
that
the
applicants
have
provided
on
items.
One
three
and
four
City
staff
believes
it
with
some
reasonable
conditions.
They've
recommended
approval
of
those.
So
unless
there's
somebody
here
in
the
audience
or
the
appellant
themselves,
that
would
not
agree
to
the
conditions.
C
It's
the
staff's
recommendation
that
we
approve
those
first
three
items
without
an
open
hearing,
so
I'm
going
to
read
through
them
just
briefly
item
one
is
a
variance
and
Zoning
exception
request
to
2510
Ingersoll.
Is
there
anybody
here?
That
would
be
opposed
to
the
board,
granting
the
requested
variances
and
exceptions
if
you'd
be
opposed
to
that.
Just
raise
your
hand
for
the
moment.
C
Seeing
none
item
three
is
a
conditional
use
request
at
45.45,
Fleur
Drive.
Would
there
be
anybody
opposed
to
granting
the
requested
conditional
use
there?
That's
related
to
selling
wine
and
beer
I
think
related
to
a
movie
theater
and
Cafe
operation.
Anybody
opposed
to
that
seeing
none
item.
Four:
a
conditional
use
request
related
to
some
industrial
expansion
in
the
vicinity
of
2100
Maori
Avenue.
Is
there
anybody
here
that
would
be
opposed
to
us
granting
the
requested
conditional
use
there
seeing
none
board
members
if
there's
any
concerns
or
questions
on
that
so
speak?
C
If
not,
would
there
be
a
motion
to
Grant
the
request
and
conditional
uses
and
variances
on
items?
One
three
and
four
all
right
motion
by
marvelous.
Second,
by
Rhonda,
all
those
in
favor
raise
your
right
hand
say
aye
all
right.
That's
all
seven
are
I,
no
opposed.
So
if
you
were
here
for
items,
one
three
or
four,
those
have
been
approved
with
relevant
conditions.
You'll
get
a
copy
of
that
decision
in
order
by
about
this
time
next
week,
thank
you
for
coming
in
and
we'll
move
to
our
regular
portion
of
the
hearing.
C
A
Right
Mr
chair
members
of
the
board
bird
drost
planning
staff
for
the
city
of
Des
Moines
item
number.
Five
is
a
request
for
a
conditional
use
that
would
allow
for
a
limited
sales.
A
limited
retail
sales
use
to
sell
alcoholic
liquor,
wine
and
or
beer
and
limited
retail
sales
is
just
another
word
for
a
grocery
store.
So
the
subject
property
is
the
Douglas
Avenue
Plaza
at
the
southwest
corner
of
Douglas
Avenue
and
38th
Street.
The
tenant
Bay
is
an
800
square
foot
space.
A
It's
currently
occupied
by
e-nation
grocery
store
I
have
some
photos
of
the
site.
The
first
two
are
actually
of
the
back
side
of
the
building.
You
can
see
there's
a
parking
lot
on
the
south
side
to
the
rear,
and
then
this
is
the
front
facade
so
on
the
left
here
is
Grant
or
Douglas
Avenue.
This
is
looking
east
across
the
site
and
that
800
tenant
Bay
is
located
in
the
middle
of
the
building,
and
this
is
looking
at
it
from
the
other
angle.
A
A
In
our
staff
report,
we
I
guess
make
note
that,
given
the
proximity
of
these
houses
immediately
to
the
east,
I'm
sorry
to
the
West
into
the
South,
we
didn't
feel
that
this
is
an
appropriate
location
for
liquor
sales
and
we
felt
beer
and
wine
sales
would
be
appropriate
here.
But
we
didn't
believe
that
in
adding
alcoholic
liquor
to
the
mix
would
be
appropriate.
So
we've
recommended
denial
of
the
request
as
proposed,
but
approval
of
a
revised
conditional
use
that
would
allow
for
the
sale
of
beer
and
wine
only
and
we
had
recommended
13
conditions.
A
First,
this
was
the
applicants
summary
of
the
neighborhood
Outreach
I'll
just
point
out
that
they
do
in
their
summary.
They
say
that
all
of
these
people
were
okay
but
as
you'll
see
about,
six
of
them
are
actually
have
submitted
cards
in
opposition.
So
it
kind
of
conflicts
with
what
the
applicant
was
saying.
A
And
then
I
believe
this
is
the
last
one
so
and
here's
the
consent
map
that
shows
the
proximity
of
those
property
owners,
so
so
again,
staff's
recommended
denial
of
the
request,
as
proposed,
which
would
include
the
curve
sales
but
approval
of
a
revised
appeal
that
would
allow
beer
and
wine
sales
online.
So
any
questions
for
me.
A
It
is,
there
was
a
previous
grocery
store
in
there.
I
think
it
was
Kane
and
African
groceries.
They
had
sold
wine
and
beer,
but
they
were
vacant
for
more
than
six
months,
so
they
lost
the
conditional
use
expired.
So
now
this
is
a
new
business
that
I
believe
they're
already
operating
I'll.
Let
the
applicant
explain
but
I
believe
they're
operating
and
they're
just
needing
to
add
the
alcohol
sales
to
make
their
business
work.
G
C
C
When
we
did
make
that
or
with
this
proposal
here
in
front
of
us,
staff
is
only
recommending
the
beer
and
wine.
So
if
the
board
would
vote
to,
you
know
concur
with
your
recommendations
and
if
we
denied
the
alcoholic
liquor
potentially,
how
long
would
they
have
to
wait,
then,
to
come
back
to
the
board
and
say
gee?
Can
you
consider
us
for
liquor
now
right.
A
C
A
C
They
have
to
wait
at
least
a
year.
Okay,
all
right.
Thank
you
very
much
all
right.
Seeing
no
other
questions.
Thank
you
Bert.
So
the
way
this
hearing
works
is
now
the
applicant
or
their
representative
has
up
to
10
minutes
to
step
forward
and
address
the
board
with
the
reasoning
for
their
conditional
use
request.
So
is
there
anybody
here
from
the
owner
or
the
applicant.
H
H
C
You
and
your
wife
have
you
operated
other
grocery
stores
or
alcoholic
sales
stores
in
Des,
Moines,
no,
okay
or
or
in
Iowa,
or
anything,
no,
no,
okay,
all
right.
So
this
is
a
new
entrepreneur
thing
for
you.
Yes,
sir
cool
okay
staff
is
recommending,
you
know
just
beer
and
wine,
but
regardless
of
the
type
of
alcohol
staff,
is
recommending
limited
sales
out
or
some
some
limitations
on
the
hours
of
operation
for
those
sales.
C
E
How
are
you
so
you've
been
working
with
your
wife
for
a
couple
of
years?
Is
that
right,
yes,
okay
and-
and
you
want
to
sell
liquor
with
the
beer
and
wine-
is
that
right?
Yes,
sir,
and
it
sounds
like
the
city
is
kind
of
concerned
about
the
selling
of
liquor.
Okay,
do
you
have
clients
that
come
in
and
ask
specifically
for
for
liquor
in
your
place.
E
C
C
C
I
J
I
C
I
I
C
C
I
C
C
F
F
H
H
J
F
C
F
My
thoughts
would
be
since
we
found
out
that
the
tenants
sharing
the
space
with
this
business-
didn't
we
don't
know
for
sure
they
exactly
were
able
to
give
their
opinions,
and
things
like
this
do
affect
neighboring
businesses
a
lot.
It
could
create
a
nuisance
for
them.
That
I
would
be
more
amenable
to
doing
the
first.
That
Justin
suggested
then
the
whole
kit
and
caboodle
at
this
time.
C
C
I
kind
of
might
throw
in
on
this
too
a
little.
Certainly
we
make
our
decisions
with
cases
today.
The
board-
that's
here
today,
but
I
was
on
this
board
when
we
made
our
original
determination,
I'm
thinking,
the
applicant
was
probably
just
as
nice
and
had
just
as
a
Nifty
plan,
but
I
think
the
board
at
the
time
felt
that
with
the
density
of
the
property,
a
number
of
other
tenants
as
well
as
that
this
is
neighboring.
C
You
know
residential
area
on
the
same
side
of
the
street
that,
in
consideration
of
you,
know,
neighborhood
character.
That
selling
hard
booze
out
of
the
joint,
probably
didn't
feel
like
something
that
we
were
comfortable
with,
and
apparently
they
operated
for
some
time.
That
way,
I
kind
of
be
more
inclined
to
say:
let's
have
a
lower
impact
for
alcohol
sales
here,
not
necessarily
the
hard
stuff.
C
K
K
K
C
Would
there
be
a
second
all
right
so
motion
by
Dave
and
a
second
by
Rhonda
to
Grant
the
requested
conditional
use
for
limited
retail
sales
selling
alcoholic
liquor,
wine
and
beer
in
the
RX1
District,
subject
to
the
remaining
staff
conditions
of
items
2
through
13,
which
I
believe
are
appropriate?
Is
that
clear
enough
for
staff?
C
Okay,
all
right!
So
all
those
in
favor
of
granting
that
requested
conditional
use,
including
selling
of
the
alcoholic
liquor,
wine
and
beer,
raise
your
right
hand
say
aye,
one,
two,
three,
four,
all
those
opposed
three.
So
this
is
a
good
lesson
in
Zoning
Board
of
adjustment
hearings.
It
takes
four
to
pass,
so
the
vote
passes
four
to
three.
So
Derek
you
get
to
sell
Crown
Royal.
C
If
you
would
like
to
so,
you've
been
approved
to
sell
your
alcoholic
liquor,
wine
and
beer
that
must
still
be
limited
to
less
less
than
40
percent
of
your
sales
staff
will
give
you
a
copy
of
that
decision
by
about
this
time
next
week,
and
we
wish
you
well
with
your
business
all
right.
Thank
you
for
coming
in
today.
C
D
Afternoon,
chair
members
of
the
board
item,
six
is
located
at
821,
East,
Euclid
Avenue
and
the
applicant
currently
has
a
conditional
use
that
was
originally
granted
in
2019
and
then
amended
in
2020.
The
size
of
the
store
grew
during
that
time.
The
applicant
is
here
in
front
of
us
today
simply
to
look
at
the
hours
of
operation
as
part
of
the
granting
of
the
last
conditional
use.
They
had
a
number
of
conditions,
one
of
which
required
them
to
close
at
11,
PM,
so
they're
in
front
of
us
today.
D
B
D
D
And
so
typical,
for
a
conditional
use
are
our
typical
standards
for
requirements
for
a
business
selling
alcohol,
liquor,
wine
and
beer,
and
so,
as
part
of
their
request
to
amend
the
hours
of
operation
staff
looked
at
the
request
and
it
would
determined
that
I
determined
that
there
wasn't
a
particular
there
wasn't
anything
we
could
identify
that
changed.
The
circumstance
for
which
the
board
of
adjustment
had
granted
the
conditional
use
with
the
Restriction
in
the
hours
of
operation
and
so
staff
has
recommended
denial
of
the
request.
D
D
C
G
C
C
E
B
D
E
D
C
And
Frank
just
to
clarify
you
know
and
again,
each
each
item
is
its
own,
unique
thing,
but
like
this
last
one,
it
was
just
a
grocery
store
where
up
to
40
percent
could
be
alcoholic
liquor.
Wine
Etc
and
this
one
it
was
approved
as
a
liquor
store
up
to
100
of
the
sales,
can
be
alcohol,
correct.
That
is
correct,
okay,
and
so
there's
no
real
discussion
about
what
they're
selling
here.
It's
just
that
extending
the
hours
of
operation,
great
okay,
all
right!
C
L
Applicant
301
East
Walnut,
Street,
Des,
Moines,
chairman
pins
members
of
the
board,
so
the
the
original
I
just
like
to
point
out.
This
is
a
a
new
construction.
This
site
was
completely
redone.
The
total
investment
I
believe
including
acquisition,
was
almost
1.8
million
dollars,
and
the
difference
what's
materially
different
is
that
now
we've
had
a
track
record
before
we
were
coming
in
why
we
do
have
an
experienced
owner.
L
They
are
aware
that
there
are
a
lot
of
complaints
about
the
get
and
go
across
the
street,
but
they
believe
they're
a
good
actor.
We
do
have
several
members
of
the
some
residents
in
there
in
in
the
area
that
I
think
are
here
to
speak
today
and
support
as
well
as
those
letters,
and
we
do
have
one
gentleman
who's,
also
resident.
Who
will
read
the
two
letters
that
are
in
Spanish
for
all
of
our
benefit,
Enders
or
anything.
You
wanted
to
yeah.
J
M
Moines
kind
of
just
give
you
a
a
background
on
the
project.
2019
I
purchased,
the
the
building
was
an
old
Field
Station
that
was
just
kind
of
run
down.
We
we
worked
with
the
city,
we
built
a
new
building.
We
came
in
front
of
the
board.
19
and
2022
amend
that
cup
that
I
obtained
from
you
guys.
Last
year
we
did
open
up
in
August
and
we've
had
actually
great
success
at
that
location,
as
we
were
getting
into
the
winter
season,
the
holiday
season.
M
Last
year,
and
even
spring
and
summer
this
year,
customers
been
kind
of
asking
our
team
to
say:
hey,
you
know
the
rest
of
the
liquor
stores
are
open
till
two,
you
guys
are
only
open
till
11..
We
kind
of
just
told
them
hey,
you
know
some
conditions
were
set.
Agreements
were
reached
when
we
got
the
cup
we
kind
of
have
to
abide
by
it,
but
as
they
kept
telling
us,
we
started
looking
at
it,
maybe
hey,
maybe
one.
M
Maybe
two
We
can't
agree
to
an
agreement
to
maybe
bring
this
request
to
you
guys
for
midnight
only
because
of
one
and
two
I
think
everyone's
kind
of
there's
barely
a
car
or
two
on
the
road
in
Euclid
at
that
time.
So
we
worked
with
our
neighbors,
we
did
hold
a
neighborhood
meet
at
the
location
where
no
one
came,
but
we
did
get
couple
of
letters
in
support
which
we
have
brought
those,
and
we
also
brought
a
couple
of
the
neighbors
along
with
us.
M
M
We
work
with
the
city
of
Des,
Moines
called
the
very
limited.
Some
of
those
calls
are,
but
they're
not
really
our
location.
Sometimes
there's
there's
an
intersection
that
always
has
racks
there,
so
they
do
come
onto
our
property,
so
yeah,
so
that's
kind
of
where
it
run
down
and
thanks
for
taking
the
time
to
look
at
it.
C
C
M
H
M
M
Oh
okay
was
the
question
about.
If
trash
is
on
the
neighbor's
property,
I
mean
if
it's
I
think
the
only
one
we
have
is
just
a
house
that
is
now
vacant
behind
us,
because
we
are
on
a
corner.
The
only
house
we
have
is
just
behind
us,
but
yes,
I
mean
we
can.
We
will
take
care
of
that
if
that's
needed,
but
I
believe
that
the
duplex
is
now
empty.
M
C
And
that's
usually
a
standard
requirement
kind
of
on
those
dozen
things
you
gotta
have
trash
and
litter
receptacles
keep
the
property
lighted,
no
loitering,
there's
usually
a
number
of
General
conditions,
anything
else.
Okay,
all
right!
Thank
you,
gentlemen.
We'll
check
back
with
you
in
a
few
minutes
here.
Is
there
anybody
that
wishes
to
speak
in
support
of
the
applicant's
request?
If
so,
please
step
forward.
C
N
Good
afternoon
my
name
is
Brandon
Linares
Nunez
I
live
on
3408
Wright
Street
on
the
same
block
as
the
liquor
store,
I
came
and
supported
them,
I
think
because
usually
every
week
you
know,
I
hang
out
with
some
buddies
and
it
would
be
convenient
to
have
the
store
open
until
12.
I
understand
the
till
two
o'clock.
Sometimes
yeah.
You
never
know
how
businesses
go,
but
recently
everything's
been
going
good
I
like
the
new
look
to
the
community.
N
It
looks
good
to
me
and
I
was
just
hearing
about
the
concerns
of
the
trash
problems
usually
gatherers,
but
as
long
as
I've
been
there
I've
been
there
for
over
20
years,
it
always
has
been
a
trash
problem
and
I.
Think
it's
more
up
to
us
as
a
community
to
just
be
like
hey.
You
know
pick
it
up
and
I
take
initiative
on
that,
but
yeah
I
just
came
here
to
show
my
support
for
the
store
and
I
would
like
to
see
it
open
to
12
and
definitely
from
there
see
where
it
goes.
G
N
D
N
N
N
N
C
G
H
G
C
C
I
K
I
This
case,
they
won't
even
require
any
modification
to
their
license
right.
The
license
actually
allows
them
hours
that
go
beyond
this.
The
board
is
not
putting
any
type
of
restrictions
or
limitations
on
their
license,
but
we
are
considering
the
limitation
of
the
use
of
the
land
and
the
hours
of
operation.
The
business
itself
would
be
able
to
operate
so
I
think
a
lot
of
times.
There's
some
confusion
as
to
you
know
that
you're
just
restricting
the
sale
of
liquor
itself
or
something
like
right.
So.
C
I
C
J
F
I
am
not
familiar,
I'm
still
learning
my
way
around
the
city,
even
though
I've
been
here
enough
years,
I
should
no
more
so.
The
comment
card
that
I
that
caught
my
eye
about
the
the
noise
I
really
felt
for
that
comment,
because
I
am
a
fellow
light
sleeper
and
you
know,
I
can't
keep
blaming
my
children
for
that,
but
I
I
can
see
how
a
business
being
loud
could
decrease
the
quality
of
life.
F
J
Lanes,
it's
not
a
quiet
street
I
live
on
a
side
not
very
far
west.
Of
that
I
hear
loud,
motorcycle
stuff.
Going
on
at
night.
It's
like
you're,
going
to
hear
it,
no
matter
where
you're
at
I
think,
but
when
you're
on
Euclid
you're
going
to
have
that
traffic
and
people
coming
through
it.
So
I
was
thinking
about
that
too,
but
so.
C
E
Chair
I
I
would
be
in
support
of
the
amendment.
I
think
they've
invested
heavily
into
this
property,
I
think
they're
a
good
asset
to
the
area
as
discussed.
You
know
the
noise
is
unavoidable.
It
is
a
huge
thoroughfare.
Cars
are
going
up
and
down
that
street
at
all
hours,
and
you
know,
an
additional
hours
is
very
reasonable,
so
I
would
be
in
support
of
the
amendment.
Is
that
an
emotion
I
would
could
turn
it
into
a
motion.
Real
quick,
Dave,
I'll
suck
on
it.
Okay,.
C
I,
don't
need
to
deliberate
things
any
further.
If
somebody
wants
to
make
a
motion,
there
may
or
may
not
be
consensus,
but
we
do.
There
is
emotion.
There
is
a
second
which
would
be
to
Grant
the
requested
Amendment
to
the
conditional
use
to
expand
the
hours
from
8
AM
to
11
p.m,
to
8,
to
midnight
yeah,
so
so
they'd
be
able
to
operate
for
an
extra
hour
per
day,
closing
at
midnight.
C
So
all
the
those
that
would
be
in
favor
to
amending
the
conditional
use,
raise
your
right
hand
say
aye,
one,
two,
three,
four
five,
those
opposed
all
right
so
motion
carries
five
to
two.
You
can
be
open
a
little
later.
The
business
does
look
wonderful,
I'd,
never
know
it
was
an
old
gas
station
keep
up
the
good
work
over
there.
Thank
you
very
much.
C
C
Well,
as
chair
of
this
board
I'm
going
to
make
an
executive
decision
once
this
hearing
is
over,
if
any
of
the
students
would
like
to
speak
to
any
of
the
board
members
or
who
would
remain
available
or
any
City
staff
that
would
remain
available.
If
you
didn't
like
to
ask
us
anything
for
the
next
few
minutes,
we'd
be
glad
to
speak
with
you
so
I
know.
I,
certainly
would
my
wife's
a
journalism,
mass
communication
graduate
of
Drake,
so
anything
I
do
for
Drake
folks
business.
C
D
C
C
C
Okay,
Tom's
with
us
7-0
anybody
who
was
here
last
month
for
the
August
23rd
meeting
staff
has
provided
the
minutes.
Are
there
any
changes
to
those
any
corrections?
If
none
would
there
be
a
motion
to
approve
Marla's
made
the
motion
she's?
Second,
all
right,
all
those
in
favor
Tom
aye
day
wasn't
here.
I
was
here
so
motion
carries
6-0
Dave
gear
was
absent:
okay
staff,
any
other
business.