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From YouTube: 8-23-23 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, August 23, 2023.
View the agenda: https://DSM.city/ZBOAatHome
B
The
members
of
this
board
are
citizens
of
the
city
of
Des
Moines,
and
they
have
been
appointed
to
this
board
by
the
city
council.
The
board
members
are
volunteers
and
they
receive
no
compensation
for
their
public
service.
I'm,
going
to
take
a
minute
to
introduce
our
board
members
on
the
audience's
right
is
Tom.
Desio
next
to
him
is
Rhonda
thadillo,
I'm,
Mel
pins.
The
board
chair
on
my
right
is
marlus
Jones.
Next
to
her
is
Justin
gross
and
I
want
to
welcome
our
newest
member
of
the
board.
B
Heather
Ann
Rowe
Heather
Ann
yay
comes
with
a
fan
club
Heather
Ann
was
appointed
to
the
board
to
fill
a
vacancy
that
was
created
by
Nathan
Blake,
who
had
served
on
the
board
for
over
10
years.
Nathan
moved
out
of
state,
so
mayor
County's
appointment
was
our
vacancy,
so
he
appointed
Heather
Ann.
She
owns
a
small
business
retail
shop
in
the
East
Village
and
she
lives
on
the
southwest
side
of
Des
Moines
with
her
family.
So
we
want
to
welcome
Heather
Ann
to
the
board.
That
means
we
are
a
fully
appointed
seven-member
board.
B
We
are
missing
one
member
today,
Dave
gare
I'm
going
to
go
ahead
and
introduce
our
city
staff
that
will
be
assisting
us
today
with
the
hearing.
Legal
counsel
for
the
Zoning
Board
of
adjustment
to
my
left
is
Mr
Gary
guidelock,
City
staff,
Frank
Dunn,
Young,
Senior
city
planner,
down
here
on
the
audience's
left
on
the
sidebar
treyoshi
chakra
bordi
city,
planner,
Bert,
drost,
Deputy,
planning,
administrator
Catherine,
drahas
city,
planner,
Eric,
Lundy,
zoning
enforcement
officer
and
Eric.
Who
do
you
have
with
you.
B
Excellent
great
to
have
you
here
with
us
and
our
meeting
moderator
all
the
bells
and
whistles
behind
the
scenes
is
Carlotta
Boulder
here
in
the
front
I'm
going
to
cover
the
meetings
procedure
here
for
everyone.
For
some
of
you,
this
may
be
your
first
time
in
front
of
this
board.
You
may
hope
it's
your
only
time,
but
we
will
take
you
through
our
procedures.
Here,
don't
worry
about
the
process.
B
We
will
remind
you
as
we
go
when
it's
either
your
turn
or
when
you
can
participate,
but
I
do
want
to
go
over
some
of
the
fundamentals
here.
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
and
this
City's
ordinances.
B
The
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,
and
if
you
don't
have
a
copy
of
the
agenda
and
the
staff
recommendations
for
today's
hearing,
they
are
in
the
two
little
black
trays
here
by
the
door
as
you
walked
in.
B
So
when
I'm
done
with
my
opening
remarks,
if
you
need
to
grab
one
feel
free
to
do
so,
the
board
is
required
to
base
its
decision
on
each
item
upon
the
criteria
established
by
law
for
the
type
of
relief
sought
by
the
applicant.
The
law
applicable
to
each
case
has
been
identified
in
the
written
staff
report.
If
the
facts
as
determined
by
this
board
demonstrates
that
the
criteria
established
by
law
for
granting
the
relief
have
been
satisfied,
then
the
board
must
Grant
the
relief.
Otherwise,
the
board
must
deny
the
requested
relief.
B
B
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
will
then
move
to
the
public
comment
portion
of
the
hearing
for
that
agenda
item.
Anyone
wanting
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.
B
This
will
be
their
one
and
only
opportunity
to
address
the
board.
Regarding
the
item
at
hand,
once
all
concerned,
citizens
have
spoken,
the
board
will
then
ask
any
additional
questions
of
City
staff
and,
lastly,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
other
closing
comments
if
they
so
choose.
B
B
B
If
your
appeal
is
approved
today,
we
ask
that
you
wait
until
at
least
one
week
from
today's
hearing.
If
you
need
to
contact
the
city's
permit
and
Development
Center
to
obtain
any
necessary
building
or
sign
permits
that
are
related
to
your
appeal.
This
will
allow
the
decision
of
this
board
to
be
documented
in
the
form
of
a
decision
in
order
which
will
then
be
provided
to
you
and
City
staff.
B
Finally,
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
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
and
all
material,
written
or
otherwise
used
today,
as
part
of
any
presentation
is
part
of
the
permanent
record.
B
So
if
you
have
any
pictures
or
drawings
or
plans
that
you
want
to
present
to
us
that
you
haven't
already
shared
with
staff,
you'll
need
to
give
the
city
staff
appropriate
copies
of
those,
and
you
may
contact
City
staff
after
the
hearing.
If
you'd,
like
a
copy
of
anything,
that's
been
presented
today.
C
C
C
B
All
right
well
so
for
items
three
and
eight
board
members
there's
a
requested.
Continuance
on
each
of
these
items
sounds
like
primarily
that's
going
to
be
to
allow
the
applicant
to
do
a
little
Outreach
for
each
would
there
be
a
motion
move
items
three
and
eight
for
continuance
to
the
next
meeting
moved
by
marvelous.
B
B
B
It's
a
conditional
use
request
at
1111,
Illinois
Street
related
to
the
Polk
County
Conservation
board
regarding
construction
of
a
parking
lot
in
construction
with
the
Lords
and
skate
park
and
based
on
staff
recommendations
and
the
requested
appeal
staffs,
recommending
approval
of
that
conditional
use,
subject
to
the
conditions
that
are
documented.
Is
there
anybody
here
in
the
audience
that
would
be
opposed
to
this
board,
granting
approval
of
the
requested
construction
of
the
parking
lot
there
you're
opposed
to
that?
Okay?
B
So
then,
we'll
go
ahead
and
move
item
one
to
our
regular
portion
of
the
hearing,
so
that
we
will
hear
that
item
directly.
Okay.
So
since
we
had
nothing
else
on
consent,
correct,
Frank,
okay,
so
we'll
move
to
the
regular
portion
of
the
hearing
and
item,
one
will
be
our
first
item
and
it
looks
like
Catherine's
going
to
give
us
the
background
on
this
item.
To
kick
us
off
for
the
regular
portion
of
the
hearing.
D
D
There
we
go
The
Proposal
would
be
for
conditional
use
to
allow
a
parking
lot.
That
would
be
primarily
for
the
skate
park
located
south
of
Interstate
235,
so
it
is
considered
a
non-accessory
parking
and
it
will
be
a
surface
parking
lot.
As
you
can
see,
it
is
located
on
the
West
Bank
of
the
River
North
of
235.
D
D
D
Just
a
little
bit
closer
view
of
what
that
would
look
like
a
couple
of
site
photos
just
to
show
the
existing
conditions,
the
turnaround
and
then
looking
North
under
Interstate
235,
and
then
this
would
be
heading
back.
North
along
excuse
me
West,
River
Street,
and
this
would
be
the
general
area
where
that
parking
lot
would
be
located.
D
Staff
is
recommending
approval
of
the
requested
conditional
use.
A
couple
of
the
conditions
that
we
have
in
place
are
just
our
general
that
they
follow
any
of
the
applicable
standards
within
the
city
code
and
obtain
any
licenses
and
follow
building
and
fire
code.
And
then,
while
there
hasn't
been
an
explicit
ask
for
food
trucks,
there
was
a
request
for
a
conditional
use
on
a
photo
truck
for
the
parking
lot
on
the
south
side
of
the
skate
park.
D
B
D
See
I
know
there's
some
on
the
south
side
of
the
parking.
Okay.
Excuse
me
skate
park,
I,
think
it's
fairly
limited,
so
I
think
that's
probably
what's
prompting
the
interest
in
having
additional
parking
and
then
this
additional
parking
will
also
be
situated
in
such
a
way
that
it
will
benefit
the
dog
park
as
well.
A
new
entrance
will
be
added
to
the
dog
park
on
the
north
side
of
the
parking
lot
and
so
they'll
be
handicapped
parking
on
both
for
essentially
the
skate
park
as
well
as
for
the
dog
park
uses.
D
B
D
E
D
B
You
all
right,
great,
okay,
thank
you
very
much
for
the
intro
okay.
So
the
way
the
hearing
works,
the
applicant
or
their
representative,
if
they're
present,
they
have
to
up
to
10
minutes
to
present
their
case,
so
anybody
here
from
the
conservation
board
come
on
up.
We
just
need
your
name,
I.
Think
in
your
case,
your
business
address
would
be
appropriate
and
you've
got
up
to
10
minutes.
To
give
your
reasoning
for
your
request.
Thank.
F
F
F
So
that's
kind
of
a
result,
as
we
did
need
surface
parking
to
accommodate
that
to
accommodate
the
the
skate
park
and
then
look
at
accommodating
the
the
dog
park
and
then
the
kind
of
serve
as
a
Trailhead
for
that
future
Trail.
So
that's
kind
of
how
this
has
been
working.
We've
been
in
partnership
with
Des,
Moines,
Parks
and
Rec
to
do
the
land
transfer,
so
the
land
transfer
has
been
recorded
and
turned
over
to
Polk
County
Conservation
as
the
owner.
F
F
It's
it's
it's
it's
needed.
We
just
have
to
do
it.
It's
just
way
a
business
at
all
that
we
have
to
do.
You
know
some
of
the
some
green
elements
we
have
been
putting
into
this
to
kind
of
lessen
the
impacts
of
the
imperface
pavement
is
we
did
get
a
water
quality
initiative
Grant
from
Idols
to
install
porous
pavers.
So
in
that
map
you
have
you
see
some
of
the
parking
lots
are
kind
of
checkered.
Those
are
porous
pavers,
so
they'll
go
in.
D
F
So
so
those
those
are
good
and
we're
doing
kind
of
an
enhanced
Landscaping
plan.
We
have
some
more
plants
going
in
that
the
code
requires
so
we're
trying
to
make
this
as
conservation
oriented
as
we
can
do
with
a
surface
parking
lot
so
happy
to
answer
any
questions
and
answer
the
concerns
from
the
public
in
the
rebuttal.
F
B
And
Adam,
while
we're
on
that
access,
I've
only
accessed
lordson
skate
park
on
foot
from
like
2nd
Avenue
at
a
couple
events,
but
the
only
vehicle
access
to
the
skate
park
for
visitors
would
be
from
University
then
coming
down
the
west
river.
Is
that
right?
Is
there
any
access
off
Second
Avenue
itself,
not.
F
B
Okay,
all
right
so
so
the
vehicles
were
coming
by
where
the
parking
lot's
going
to
be
anyway
to
try
to
get
there
with
the
limited
parking
that
was
already
there
right,
correct.
Okay,
all
right
anything
else,
okay,
all
right!
Thank
you,
sir.
We'll
check
back
with
you
in
a
few
minutes.
Thank
you.
Oh
sorry,
Rhonda
is
the
parking
lot
going
to
be
lit.
B
You
can
nod
or
come
back
up,
yeah
yeah.
Okay,
all
right
I
have
to
meet
certain
city
requirements
for
lighting,
okay,
all
right,
okay.
So
what
happens
now
now?
It's
the
Public's
turn.
Is
there
anybody
that
wishes
to
speak
and
support
of
the
conservation
board's
request?
If
you
want
to
speak
in
support,
you've
got
up
to
five
minutes.
Just
come
up
to
the
mic.
B
J
J
I
also
asked
for
a
little
Grace
today,
as
have
a
big
wind
up
to
get
to
my
final
point.
Just
this
summer,
Canada
has
burned
all
summer
and
it
snows
there,
nine
months
a
year
in
Hawaii
where
it
never
snows.
They
suffered
the
worst
loss
of
human
life
in
the
country's
history
of
wildfire
and
off
the
Florida
Keys.
The
Atlantic
Ocean
measures,
101.1
degrees,
bleaching
and
killing
countless
coral
reef.
J
But
we
all
know
that
the
political
will
it
takes
at
the
local,
State,
national
and
international
level
will
never
exist
to
make
the
big
changes
to
stop.
Let
alone
reverse
this
climate
change
disaster,
but
little
micro
decisions
like
this
one
by
this
seven-member
board
can
make
a
difference.
Little
changes
every
day,
every
day,
standing
up
to
the
car
culture
and
all
the
concrete
and
Emissions
that
comes
with
it
for
three
years
or
so.
J
Skateboarders
have
figured
out
how
to
get
to
the
park
I
ride
by
there
all
the
time,
I
love
talking
to
them,
I
don't
skate.
Plus
there
are
thousands
of
free
or
nearly
free
parking
spots
within
walking
distance
of
the
place
for
this
within
walking
distance
of
this
place
for
play
and
Fitness,
there
are
thousands
of
spots.
J
J
B
B
H
Generally,
no,
there
wouldn't
be
unless
there
was
limitations
on
the
county
park
systems,
hours
of
operation
or
or
if
you
know
they.
Certainly
the
board
could
establish
that
we
don't
actually
require
the
lighting
necessarily,
but
certainly
a
good
idea
for
security
purposes
and
knowing
what
we
see
in
our
underutilized
parking
areas
downtown,
they
may
have
to
take
measures
to
secure
their
lot
during
certain
hours
too,
so
gotcha,
okay.
H
F
F
The
Eric
brings
up
a
great
question
for
planning
events.
We
we
already
kind
of
know
that
this
parking
lot
will
kind
of
serve
as
like
a
staging
area,
mobilization
area
for
when
the
Dew
Tour
comes
they
come
in
and
they
bring
their
their
buses
and
the
TV
buses
that
come
in.
This
is
likely
an
area
they'll
be
staging.
F
After
some
recent
events
right
that
comment
to
put
the
gates
came
from
Des
Moines
PD
to
disperse
those
crowds
from
the
skate
park.
They
were
fearing.
Those
crowds
would
just
move
over
to
the
parking
lot.
So
we
we'll
install
Gates
we're
still
in
discussions
of
how
we're
going
to
operate
those
Gates,
so
we're
open
to
feedback
from
the
board
on
those
discussions,
because
those
are
ongoing.
F
F
I
B
F
I'll
I'll
try,
so
you
know
right
now
across
the
board,
are
our
operation
hours
are
from
Dawn
to
dust
right?
You
know.
If
we
all
know
kind
of
the
the
skate
park
is
kind
of
a
different
animal,
so
so
we'll
still
kind
of
kind
of
look
at
that
to
evaluate
that
to
see
if
those
hours
are
still
meeting
our
goals
and
our
needs,
because
we
we,
our
conservation
board,
does
have
the
right
to
change
those
hours
as
as,
as
they
see
things.
B
So
if
we
have
a
problem
after
you've
built
your
expensive
parking
lot,
we
could
come
back
and
say:
hey
we're
going
to
take
away
your
conditional
use
to
operate
this
because
you
haven't
managed
it
very
well,
and
usually
you
don't
want
to
see
that
happen,
and
we
don't
like
to
do
that
right,
but
good
matter
and
different
I
know
that
down
along
the
riverfront,
you
know
when
I
was
in
high
school,
we
would
drive
on
the
east
side
down
past
the
Botanical
center.
It
was
a
turnaround
down
there.
B
Oh
yeah
Rhonda,
but
I
have
heard
that
there's
a
time
or
two
where
yeah
there's
been.
Unfortunately,
some
activities
at
the
skate
park
you're
going
to
have
that
anywhere.
Some
playground
equipment
just
burned
up
in
Clive,
but
I
think
the
biggest
concern
would
be.
You
know
if
we
do
Grant
this,
that
you
keep
an
eye
on
things
you
work
with.
You
know
your
management
as
well
as
city
of
Des
Moines
and
make
sure
it's
managed
effectively.
Absolutely
because
I
would
see
this
potentially
as
an
asset,
not
just
for
people
using
the
skate
park.
B
But
if
I
wanted
to
maybe
come
down
there
with
my
bicycle,
I
I
may
not
ride
the
whole
way
down,
but
if
I
would
come
down
there,
I
would
be
able
to
use
the
dog
park.
I'd
be
able
to
use
the
trail.
I
might
even
park
there
and
walk
over
to
Wells
Fargo
Arena
for
a
concert
we
used
to
do
that
at
the
city.
A
lot
at
the
Armory
until
I
think
you
guys
dropped
the
gates
on
us,
so
so
well,
Adam
I
think
you've
answered
our
questions.
The
best
possible
so
appreciate
your
presentation.
B
Okay,
thank
you.
Okay,
we'll
close
the
public
hearing
then
and
go
to
board
deliberation
any
initial
thoughts
or
ideas
or
emotions
and
I
I
might
just
say
just
for
clarity.
The
criteria
that
the
board
has
to
consider
are
among
those
that
have
been
listed
in
the
agenda.
We
aren't
policy
makers
ourselves.
We
carry
out
the
city's
policy,
which
is
carrying
out
the
zoning
ordinance
and
our
duties
and
they're
in
limitations,
so
so
from
the
perspective
of
the
nine
criteria
that
the
applicant
has
to
meet,
are
there
any
questions
or
comments
regarding
that?
I
B
B
If
they
want
something
special,
maybe
we
can
ask
for
a
little
something
different,
but
generally
we
look
at
what
they've
proposed
and
if
it
meets
the
requirements,
we
don't
usually
add
in
necessarily
bells
and
whistles,
but
I
would
think
Adam
I'm
not
going
to
bring
you
up
but
I'm,
assuming
you're
going
to
have
some
bike
racks
right
yeah.
Does
that
help
Heather
Ann,
okay,
Justin.
G
Chair
yeah
and
looking
at
this
criteria
before
the
board
here,
it
looks
like
this
proposal
meets
the
criteria.
It
looks
like
there's
it's
going
to
serve
the
purpose
for
three
sets
of
groups
of
people.
You
know
those
that
are
biking,
those
are
that
are
using
the
dog
park
and
those
that
are
using
the
skate
park.
It
doesn't
look
like
we're
losing
any
sort
of
square
footage
for
the
dog
park,
which
is
great
so
I'm
in
favor
of
approving
this
proposal
today
and
I'll
put
it
as
a
motion
for
for
staff
recommendation.
B
B
K
Thank
you,
chair
members
of
the
board,
sriyoshi
chakraborty
planning
staff
I'm,
going
to
give
you
a
quick
presentation
on
item
two.
This
is
a
conditional
use
request
for
a
junk
or
salvage
yard
used
in
an
I2
industrial
district.
The
specific
proposal
that
that
we
have
before
you
is
conditional
use
for
a
recycled,
concrete
processing
and
batch
plant
business,
which
is
a
junk
and
Salvage
Yard
use
that
includes
a
staging
area
for
recycled
aggregate
Rock,
dirt
fill
Crusher,
conveyors,
excavators,
Etc
and
other
equipment
as
accessory
to
the
to
the
primary
use.
K
K
The
subject
property
is
also
within
close
proximity
to
the
north
side
of
East,
Martin,
Luther,
King,
Junior,
Parkway
and
the
subject.
Property
is
primarily
in
a
heavy
industrial
area
and
the
the
property
itself
includes
the
dean
Lake.
If
you
can
see
where
my
cursor
is
right
here,
and
it
also
includes
dense
vegetation,
there
is
a
parcel
here
along
East
Market
that
currently
includes
an
existing
business.
The
appellant
intends
to
lease
portions
of
these
Parcels
to
allow
the
the
proposed
Concrete
Recycling
used.
K
Okay,
so
this
is
a
side
sketch
it's
a
very
it's
a
rough
conceptual
sketch
that
was
provided
to
City
staff
earlier,
and
it
gives
you
a
general
idea
of
what's
being
proposed
so,
as
you
can
see,
there's
a
proposal
to
have
a
parking
lot,
a
concrete
Crusher
in
the
back.
Here's
Dean
Lake
right
here,
there's
proposed
this.
This
proposed
outdoor
storage
along
East
Market
right
here,
where
you
can
see
the
the
two
circles.
K
K
K
This
is
looking
East
along
East,
Market
towards
downtown
or
west
rather
towards
downtown,
and
then
this
is
looking
East
and,
as
I
mentioned,
this
is
in
close
proximity
to
the
MLK
Junior
Parkway.
This
is
this:
is
the
corridor
right
here,
as
you
can
see,
there's
a
slight
elevation
distance,
so
a
difference.
So
it
kind
of
sits
up
right
here.
So
if
you
are
traveling
along
East
MLK
Corridor,
then
you
have
a
view
of
the
subject
property
because
it's
a
slightly
elevated.
A
K
Just
try
and
get
there
here,
so
the
the
appellant
had
previously
requested
for
a
rezoning,
so
the
the
parcel,
the
parcels
that
are
immediately
adjacent
to
the
existing
business.
They
were
zoned
i1.
The
appellant
had
requested
the
rezoning
to
I2,
so
that
was
granted
by
city
council
earlier
this
year
it
was
a
it
was
a
limited
I2
industrial
district
that
was
granted
subject
to
the
two
conditions
that
are
outlined
here.
The
property
shall
be
brought
into
conformance
with
current
city
of
Des
Moines
site
plan
standards.
K
The
second
condition
was
any
adjoining
property
used
or
developed
in
common
with
the
subject,
property
shall
comply
with
condition
one
and
that's
primarily
because
the
the
parcel
that
includes
the
existing
business
was
not
part
of
the
rezoning.
So
it
was
the
condition.
Is
there
to
just
ensure
that
when
the
the
entire
site
is
developed,
that
a
parcel
is
taken
into
consideration
as
well
and
brought
into
conformance.
K
K
Any
use
of
the
site
for
such
use
would
must
be
in
accordance
with
site
plan
and
approved
by
development
services
and
satisfies
all
conditions
of
approval
in
staff's
decision
making.
The
we
think
that
the
use
is
appropriate
for
that
area.
Given
it's
an
industrial
area
that
there
would
be
minimal
impacts
to
the
adjacent
properties
so
long
as
the
conditions
of
approval
are
met
and
I'm
gonna,
try
and
zoom
out
a
little
bit
here.
So
you
can.
K
Staff
is
recommending
approval
subject
to
these
conditions
and
they
are
outlined
here
and
also
included
in
in
the
staff
report.
Staff
believes
that
as
long
as
the
supplemental
regulations
are
met,
the
site,
design,
regulations
are
met
and
the
supplement
and
and
the
conditions
of
approval
are
met
that
there
would
be
minimal
impact
and
staff
is
supportive
of
the
conditional
use
request
and
recommending
approval.
K
K
B
K
And
I
will
point
out
that
this
letter
came
to
us
last
month
for
the
previous
Board
of
adjustment
meeting.
Since
then,
the
applicant
continued
the
items
so
that
they
could
have
one-on-one
discussions
with
Chemin
Industries,
which
I
believe
they
did
and
an
updated
letter
was
submitted
to
us
yesterday
by
by
the
legal
counsel,
which
essentially
still
points
out
that
they
appreciated
the
opportunity
to
visit
with
the
applicant.
A
K
And
finally,
that
we
did
also
accompanying
the
letter.
We
also
received
a
couple
declarations
from
two
of
their
employees
that
have
a
significant
knowledge
and
expertise
in
this
particular
area
and
they've
provided
some
additional
information
regarding
their
concerns
as
well.
So
this
is
the
first
one
and
then.
K
K
I'm
happy
to
come
back
to
these
again
if
needed,
just
wanted
to
move
forward
to
another
letter.
This
is
from
the
legal
representative
of
the
applicant,
and
this
is
essentially
outlining
the
the
the
various
criteria
and
making
a
case
that
the
applicant
has
provided,
meets
the
criteria
and
also
has
made
an
effort
to
remediate
some
of
the
concerns
that
that
the
prop
the
adjacent
property
owner
has
brought
forward,
so
that
this
is
a
summary
of
of
that.
K
There
were
some
pictures
that
were
attached
and
I'm
going
to
just
skim
through
these,
because
I
think
the
applicant
will
go
into
further
details
of
each
of
each
one
of
these
proposed
mitigation
measures
that
they
have
they
have
outlined
and
they
provided
us
a
brief
summary
as
well
that
they're
going
to
use
certain
technology
and
methodologies
that
would
help
mitigate
some
of
the
concerns
that
were
brought
forward
by
by
the
adjacent
property
owner.
So
I'll.
Let
the
applicant
go
into
that
during
their
presentation.
K
B
K
Applicant
has
also
indicated
additional
mitigation
measures
and
state-of-the-art
technology
that
they
are
proposing
to
use,
which
we
feel
will
help
with
with
that
as
well.
But
a
lot
of
the
the
concerns
also
had
to
do
with
the
appearance
of
the
of
the
business
and
the
impact
that
would
have
on
the
adjacent
areas
which
I
believe
that
staff
believes
that
the
design
regulations
under
chapter
135
and
the
supplemental
regulations
address
those.
B
B
B
B
M
You
chairman
members
of
the
board,
my
name
is
Kelly
Orton
I'm,
an
attorney
with
the
brown
Winnick
firm.
My
address
is
666
Grand
Avenue
Suite
2000
in
Des
Moines
50309
I'm,
here
on
behalf
of
Wilson
aggregate
I,
also
have
Dan
Wilson
here
with
Wilson
Aggregate
and
he's
going
to
be
speaking
with
you
in
a
few
moments
about
the
technology
that
was
mentioned
by
City
staff.
We
are
here
for
a
conditional
use
permit
for
recycled
concrete
processing
in
a
batch
plant
in
order
to
obtain
our
conditional
use
permit.
M
Obviously,
we
have
certain
conditions
that
need
to
be
met
that
are
set
forth
in
the
ordinance.
You
guys
have
all
seen
the
staff
report.
The
staff
fully
believes
that
we
have
met
all
of
our
requirements,
even
with
reading
Kevin's
objections.
We
also
obviously
believe
that
we
have
met
all
of
the
conditions
for
the
under
the
organ
comments.
There
are
four
conditions
that
Kevin
will
argue
today.
I
know
they
have
a
representative
here.
That
will
argue
today
that
we
have
not
met
the
first.
M
One
is
that
the
proposed
geographic
location
and
operation
of
use
or
activity
adequately
safeguards
the
health,
safety
and
general
welfare
of
persons
residing
or
working
and
adjoining
or
surrounding
property.
One
thing
that
is
really
important
in
that
provision
is
that
we
are
speaking
out
about
the
health
and
safety
of
persons,
not
plants.
They're
Kevin's
concerned
with
the
dust
specifically
focuses
on
the
impact
that
it
may
have
on
their
plants.
There's
no
discussion
about
any
impact
on
their
employees
or
any
other
persons
in
the
area.
So
obviously
that
condition
has
been
met.
M
The
next
condition
they
are
going
to
say
has
not
been
met
is
that
the
proposed
use
will
not
impair
an
adequate
supply
of
light
or
air
to
the
surrounding
building.
My
read
of
the
ordinance
and
the
specific
condition
is
that
we
can't
put
a
skyscraper
up.
That's
going
to
take
away
all
of
their
access
to
light,
we're
obviously
not
doing
that,
and
therefore
we
have
met
this
condition,
they're
going
to
say
that
there
will
be
some
deaths,
that's
going
to
be
on
the
greenhouses
and
that's
going
to
take
away
their
their
access
to
light.
M
That
just
happens
in
the
normal
operations
of
cars
driving
by
there's
gravel
in
this
area.
There's
actually
another
concrete
facility
immediately
to
the
south
of
their
buildings,
and
therefore
our
project
is
not
going
to
pretty
be
restricting
any
access
to
light.
Next
they're
going
to
say
that
the
proposed
use
will
diminish
or
impair
the
established
nearby
property
values.
M
Nowhere
in
any
of
their
letters
did
they
state
that
their
property
value
would
be
decreased.
They
may
be
stating
that
their
company
value
might
decrease
if
something
happens
to
these
plants,
but
that
has
no
impact
on
the
property
value.
The
property
can
still
be
sold
at
the
value
that
it's
at
and
finally,
they're
going
to
state
that
the
proposed
use
will
have
a
significant
detrimental
impact
on
the
use
and
enjoyment
of
adjoining
properties.
Again
they
have.
No
evidence
of
this.
M
M
I
might
note
here
that
Kevin
put
their
facility
in
place
after
this.
Other
concrete
processing
facility
was
already
in
place,
so
they
knew
where
they
were
building
this
concrete
facility
and
they
knew
that
there
was
going
to
be
a
dust
concern
and
it
wasn't
didn't
appear
to
be
a
concern
to
them
when
they
installed.
M
This
greenhouse
I
also
wanted
to
note
that
if
we
were
to
produce
deaths
which
Dan's
going
to
speak
about
the
mitigations
efforts
that
we
are
making
to
not
produce
deaths,
the
prevailing
winds
are
most
likely
going
to
be
blowing
that
dust
in
the
opposite
direction,
because
our
proposed
facility
is
located
to
the
North
and
the
east
of
Camden's
facility.
Generally,
the
the
wind
comes
from
the
West,
unlike
the
existing
facility
that
is
again
immediately
South
and
would
be
flowing,
has
and
has
been
blowing
dust
into
Kevin's
facilities.
M
Now
Kevin
has
also
produced
experts.
You
guys
saw
those
expert
reports
about
the
impacts
on
the
plants
and
things
like
that,
but
neither
of
these
experts
are
experts
in
concrete
processing.
However,
Dan
is,
and
Dan's
been
in
the
industry
for
several
years
and
he's
going
to
know
what
type
of
Machinery
what
type
of
processes
are
going
to
reduce
the
impact
of
dust.
So
at
this
time,
I
want
to
have
Dan,
come
up
and
kind
of
talk
about
the
Machinery
that
they
intend
to
use
and
the
impacts
that
it's
going
to
have
on
the
dust
production.
M
N
I'm
Dan
Wilson
and
the
property
concern
is
2142
East,
Market
Street,
but
I'm.
The
owner
of
the
two
companies
involved
I
own
the
companies
with
my
sons,
we're
not
big
in
what
we
do,
but
from
a
construction
company
standpoint
we
did
do
the
Yater
Creek
project.
We
did
closest
creek,
we've
done
Hamilton
phase
two
and
Hamilton
phase:
three:
that's
30
million
dollars
worth
of
work.
We've
done
for
the
city
of
Des
Moines.
O
N
It's
up,
okay!
Here
we
go
so
this
is
a
picture
of
the
crusher.
This
is
the
crusher
that
we
plan
to
use
here.
The
crushing
concrete
crushing's
been
around
for
a
long
time,
new,
concrete,
crushing,
there's
a
lot
of
Technology.
That's
been
added
to
that.
The
arrow
up,
the
top
there's
there's
a
place
to
put
put
water
and
other
substances
directly
after
the
after
The
Crusher,
and
each
time
the
product
falls
through
the
through
the
the
the
crusher
we
spray
more
material
on
it.
N
So
every
chance
every
opportunity
for
their
dust
to
be
created
in
this
in
this
crushing
process,
we're
spraying
water
on
it.
Now
that
water
can
be
sprayed
with
surfactants
and
other
products
to
help
that
I,
don't
think
it's
needed
the
product,
the
the
pressures
that
I've
seen
operate,
operate
without
dust.
This
is
incredible.
Next.
N
This
is
the
product,
the
aggregate
product,
the
Recycled
product,
exiting
the
conveyor,
there's
something
called
a
dust
boss
that
sprays,
water
or
surfactant
products
right
on
the
material,
as
it
leaves
the
crusher.
We
believe
that
we
can
crush
concrete
without
dust
now.
Will
there
be
dust
from
trucks
traveling
up
and
down
the
road?
That's
already
existing,
so,
but
certainly
we
believe
that
we
can
create
concrete
without
dust
next.
N
From
a
site
plan
perspective,
this
gives
you
a
little
bit
better
visual
of
what's
going
on
in
the
center
of
this
project
at
The
Crusher,
and
to
the
South
and
West
towards
Chemin.
We
have
a
vegetative
barrier
and
that
vegetative
barriers
existing,
so
we
don't
have
to
plant
it
and
wait
for
it
to
grow.
N
I
hope
we
envision
is
to
create
an
eight
foot
tall,
opaque
fence
along
those
trees,
with
20
to
40
foot
trees
immediately
following
that
with
70
to
80
foot
tall
cottonwood
trees
that
are
existing
in
this
property
to
protect
protect
it
that
protects
two
things:
it
protects
any
potential
dust
potential
noise
and
potential
sight
from
Martin
Luther
King.
So
all
these
piles
of
stuff
here
are
going
to
be
behind
the
trees.
Also,
the
parking
that
is
here
parking
against
the
street
will
no
longer
be
allowed
all
that
Pro.
N
All
everything
along
East,
Market
Street,
will
be
cleaned
up
planted
to
grass
and
mowed
with
a
lawnmower
to
clean
up
this
area.
This
cleans
up
the
area.
It
also
cleans
up
the
homeless
that
live
here.
The
garbage
that's
placed
in
this
facility.
This
really
does
add
value
to
the
per
to
the
whole
area.
I,
don't
think
we
should
minimize
that,
because
the
city
needs
to
change
that
image
and
create
good
places,
and
this
certainly
does
that
all
of
the
parking
that
you
see
that's
currently
parking
in
the
Port-A-Potty
business.
That's
there.
N
N
M
Just
have
one
more
thing
that
I'd
like
to
say
sure.
While
we
are
sensitive
of
Kevin's
sensitivity
to
dust
in
the
area,
you
know
they
again,
they
chose
to
build
this
facility
in
in
a
heavy
Industrial
Area
and
just
because
of
their
sensitive
sensitivity
does
not
increase
our
burden
on
these
conditions.
We
have
met
all
the
conditions
and
therefore
we
ask
that
the
permit
be
approved.
B
Cool
all
right,
so
I'm
going
to
lead
off
with
a
couple
questions
here:
Kelly
and
Dan
you're
welcome
to
jump
in
here
too
so
Dan
Dan
is
the
applicant
here
you're
talking
about
what
you're
proposing
to
do
here,
but
do
you
have
business
experience?
Have
you
already
been
doing
concrete
recycling
at
other
locations?
Yes,.
N
B
B
N
There
you
go,
but
Waste
Solutions
of
Iowa
is
encroaching
a
Prime
Property
that
we've
leased
from
other
people
and
we're
taking
our
time
to
to
do
this
right
and
treat
people
like
they
should
be
treated,
but
right
they
would
be
going
away.
That
would
be
our
own
facility
and
properties
on
either
side.
East
and
west
would
be
lease
properties
with
more
tenure
plus
leases.
Okay,
so.
B
B
E
N
That's
a
good
question
and
there's
probably
more
trucks
in
the
area
because
of
us
we'd
like
to
think
that
we
can
clean
up
that,
but
the
trucks
that
we're
putting
in
the
area
are
trucks
they're
putting
right
on
a
paved
Road.
So
that
should
live.
We're
not
going
to
get
dust
off
of
our
truck
off
the
the
cargo
in
the
truck.
E
N
G
Yes,
yes
Dan,
you
mentioned
a
couple
mitigation
treatments
that
you're
you're
talk
about,
Crusher,
littmann,
4800
or
whatever.
That
picture
was
the
dust
boss
yeah
these
things
you've
already
bought
and
have
you
used
these
equipment
already
or
how
are
we
assured
that
you're
going
to
use
this
treatment
for
mitigation
factors?
Okay,.
N
That
that
evidence
of
assurance
that
it's
going
to
get
used
is
right
here
in
a
recorded
session,
so
that
that's
one
thing
some
of
it
is
in
current
existence
on
the
current
equipment
that
we
have,
that
we're
using
we'll
add
additional
equipment
and
this
dust
boss
thing
that
will
be
additional
equipment.
Now
too,
we're
not
currently
processing
in
this
County.
A
B
They
could
drag
you
back
in
here
and
in
front
of
this
board
and
we
could
say:
hey
we
gave
you
a
chance
and
gosh
you
messed
up,
and
you
know
you're
dusting
out
everybody.
Sorry
we're
taking
this
away.
So
you
do
realize
that
if
we
would
Grant
approval
here,
it
is
you'd
have
to
meet
these
conditions
and
not
cause
an
undue
impact.
You
understand
that
I.
B
B
P
The
issue
for
Kidman
is
the
dust,
the
micro
dust
and
the
micro
particles,
as
you
may
know,
Kim
and
Supply
specialty
ingredients
for
several
Industries,
including
human
health
and
nutrition,
Animal,
Health,
animal
pet
health
and
nutrition
and
crop
Technologies
in
2017,
Kevin
invested
more
than
30
million
dollars
to
open
a
new
worldwide
headquarters
near
the
site
of
the
conditional
use
request
in
2021
kimmen
broke
ground
on
a
4.5
million
dollar
expansion
of
its
headquarters.
Campus
I
mentioned
this
because
Kevin
has
a
10,
000
square
foot,
Greenhouse
located
on
East
Market
Street.
P
This
is
where
Kevin
does
most
events:
primary
breeding
work
for
their
proprietary
specialty
crops.
The
appellants
proposed
activities
will
produce
concrete
dust
that
will
travel
through
the
air
and
that
will
could
that
will
put
Kidman's
property
between
two
concrete
dust
emitters.
It
was
mentioned
that
Cummins
growth
occurred
while
there
was
already
one
concrete
dust
emitter
there.
That
may
be
true,
but
at
the
time
there
was
no
expectation
that
a
second
concrete
dust
emitter
would
be
there,
because
it
shared
with
you
earlier
by
City
staff
that
zoning
changed
just
occurred.
P
P
So
the
plants
in
the
greenhouse
contain
some
of
kimmins
patent
protected
germplasm,
and
it
is
extremely
valuable
in
supporting
40
percent
of
Kidman's
product
portfolio,
and
if
these
plants
become
contaminated
with
concrete
dust
as
the
experts
content
could
occur,
it
could
potentially
kill
or
alter
the
plants
and
diminish
their
value.
Kimmons
Greenhouse
has
an
open
ventilation
system
that
has
cooling,
pads
and
vents
on
the
side,
side,
walls
and
on
top
top
of
the
roof.
P
There's
a
discussion
on
what
is
called
the
silification
of
plants,
and
that
is
where
silica
seeps
into
the
voids
of
other
materials,
such
as
cells,
tissues
and
organs
of
plants
and
this
micro
silicon
particles
in
the
air
that
could
not
be
stopped
by
the
appellants
plan
mitigation
efforts.
Those
could
be
absorbed
passively
into
the
surface
cells
to
form
solicit
cells.
This
might
not
otherwise
be
important
in
any
particular
standard,
everyday
life,
but
get
given
the
work
of
kimin
it's
worldwide
efforts
and
the
functions
of
what
it
provides.
P
This
is
extraordinarily
important
and
to
speak
to
the
factors
that
have
to
be
met
again.
We
believe
four
factors:
the
appellant
fails
on
four
factors
for
number
one.
We
talked
about
how
the
silica
makes
it
hard
to
breathe
and
there's
a
citation
for
that
also
mentioned.
Is
the
impairment
to
the
adequate
supply
of
light
and
surrounding
property?
P
Also
mentioned
is
the
proposed
use,
could
diminish
or
impair
established
nearby
properties,
and
this
is
because
of
the
new
sense
the
permit
would
produce
again
it's
one
thing
to
have
one
concrete,
creating
Factory
in
the
area,
but
it's
another
to
half
multiple
and
clearly.
We
believe
that
there
is
a
significant
detrimental
impact
on
the
use
of
Kevin's
property,
and
there
was
some
talk
by
the
Appellate
that
we
can't
change
the
burden
that
they
have
because
of
our
use.
P
P
Kevin
has
worked
hard
to
protect
the
facilities
and
the
lands
in
which
it
doesn't
does
its
work,
because,
because
of
the
nature
of
the
work,
it's
extraordinarily
important
and
again
to
the
extent
an
argument
could
be
made
that
this
area
is
made
for
this
again.
This
Zone
in
policy
just
changed.
The
zoning
of
this
area
just
changed
earlier
this
summer
and
so
again,
even
as
kimmen
deals
with
a
concrete
dust
from
their
neighbor
south
of
Murray
Street.
P
The
facts
and
the
research
suggests
that
granting
of
a
conditional
use
permit
to
the
Appellate
would
have
a
significant
detrimental
impact
on
kimmen's
properties,
both
of
the
Declarations
state
that
and,
as
was
shared
earlier,
the
community
Representatives
met
with
Wilson
aggregate
Representatives
earlier
this
month,
and
it
was
clear
it
wasn't
aggregate
share,
then
that
only
five
percent.
They
believe
that
five
percent
of
the
dust
that
they
would
create
would
not
be
mitigated
would
escape,
and
we
we
see
that
yes,.
B
I
granted
you
five
minutes.
I
gave
you
a
minute
extension
I
got
to
ask
you
to
wrap
up
your
comments.
Oh
perfect!
Thank
you.
That's
that's
it!
Okay,
but
if
we
do
have
any
questions,
would
you
be
willing
to
take
a
few
questions?
Yes,
sir,
thank
you.
Any
questions
for
Mr
Williams
I've
just
got
a
couple
here
and
first
of
all,
a
statement.
I
know
how
important
Chemin
Industries
is
to
the
city
of
Des
Moines
as
an
employer.
As
a
biotechnology
industry,
your
investment
down
there
has
been
incredible.
B
You've
helped
change
kind
of
a
little
bit
of
the
face
of
that
part
of
the
city.
That's
to
be
commended.
I
know
that
over
the
years
there
were
a
bunch
of
junkyards
down
there.
There
was
a
hazardous
waste
drum
recycling
site.
There
were
a
lot
of
issues
that
Kevin
had
with
things
like
rodents
and
animals
that
could
carry
disease
down.
There
I
think
the
cities
tried
to
work
to
make
sure
the
neighbors
can
get
along
down
there,
but
it's
still
an
industrial
district
and
I
guess
just
to
clarify.
P
B
You
have
three
major
railroads
that
cross
right:
Northeast,
your
property
between
this
location
and
Chemin
Industries.
Those
are
diesel,
diesel,
Electric,
Motors.
They
they
emit
particulate
matter.
Is
that
not
a
concern
for
your
plants
and
their
health?
How
is
this
a
greater
concern
than
the
existing
conditions
that
are
already
there.
P
It's
a
greater
concern
to
the
extent
that
it's
additional
it's
new,
okay,
we've
studied
a
Kevin
has
studied
what
it
produces,
what
it
receives
in
terms
of
its
air
quality,
and
so
the
issue
here
is
that
this
is
a
new
concern
that
was
unexpected
again
just
because
of
the
the
even
the
zoning
change
of
earlier
this
summer.
Okay,.
B
Okay
and
is,
is
your
facility
subject
to
federal
state
and
County
Air,
permitting
regulations
like
for
any
kind
of
equipment
venting
hoods?
Yes
right?
Yes,
so
would
you
think
this
operation
would
also
have
those
same
federal
state
and
county
or
quality
regulations?
They'd
have
to
comply
with?
Besides
our
zoning
conditional
use.
B
B
H
I
should
call
you
that
I
was
watching
you
on
the
the
some
statements
made
by
both
interests
here.
First
of
all,
yes,
this
was
recently
zoned.
That
was
a
that
was
an
action
of
the
city
council.
That's
that
determines
their
intent
of
what
this
property
should
be
used
for
the
way
the
code
treats
it.
The
code
definitely
creates
this
as
a
conditional
use.
H
There
was
some
question
originally
whether
this
would
be
considered
a
different
use
description,
but
given
the
potential
impacts
and
everything,
this
was
determined
to
be
something
that
fell
into
the
the
junk
and
Salvage
description,
which
includes
recycling
activity,
just
by
its
the
nature
of
the
the
impacts
that
it
potentially
could
create.
Now
the
fact
that
the
council
did
determine
this
is
the
heaviest
industrial
area.
That
would
be
the
only
zoning
in
the
entire
city
where
this
type
of
use
could
be
considered.
H
Now
they
make
it
a
conditional
use,
because
that
allows
the
board
to
put
special
conditions
on
this
to
mitigate
any
of
the
concerns
that
they
may
hear
or
believe
would
occur.
With
the
use
you,
you
might
have
noted
that
criteria
7
was
mentioned.
I
think
that
clearly
gives
the
board
the
ability
to
consider
any
testimony
on
that
and
I'll.
Let
Gary
step
in
if
there's
any
other
points
of
evidentiary
rule
or
anything
here.
H
This
is
not
a
court
of
law
where
a
quasi
judicial
hearing,
not
a
a
court,
so
the
the
burden
of
evidence
is
a
little
different
than
than
it
would
be
if
it
got
to
that
level.
But
certainly
the
thing
that
you
should
understand
is,
if
you
want
to
put
conditions
on
that,
will
allow
this
to
meet
the
criteria
because
of
other
things
that
you
heard
here
today.
You
certainly
can
do
that.
That
also
then
puts
the
burden
on
staff
to
in
enforce
that.
H
So
if
we
see
a
pattern
of
violations
of
those
conditions,
we
can
certainly
bring
it
back
if
there's
an
attainment
issue-
or
you
know
the
state
comes
in
and
is
finding
regularly
on
air
quality,
that's
something
that
we
could
certainly
then
bring
back
to
you
to
reconsider
the
use.
So
there
is
that
safety
valve
as
Mel
had
mentioned
already,
but
I
did
want
to
point
that
out.
H
B
And
Eric
just
and
I'll
try
to
put
a
box
around
this
and
clarify
it.
So
the
idea
that
you
know
this
wasn't
zoned
for
this
before
the
historic
zoning
of
this
property
under
the
current
ordinance
or
the
city's
most
recent
one
uses
that
would
have
been
allowed
would
still
have
been
industrial
uses
such
as
maybe
a
concrete
batch
plant
to
produce
concrete
or
to
handle.
P
H
B
H
B
M
Thank
you,
apologize
I'm,
probably
going
to
jump
around
a
little
bit.
This
might
not
be
the
most
flowing
rebuttal.
The
there
was
a
mention
of
a
five
percent
of
deaths
will
still
be
emitted
number.
That
number
was
never
presented
by
my
client.
My
my
client
anticipates
that
there
will
be
very
little
to
no
dust
I,
don't
know
where
that
five
percent
number
came
from
so
I
just
wanted
to
clarify
that.
M
As
the
city
has
mentioned,
this
was
previously
zoned
as
i1.
It's
now
I2.
There
are
plenty
of
other
properties
in
the
area
that
are
currently
and
have
been
zoned
I2.
The
intent
of
the
city
was
clearly
to
have
some
sort
of
facility
like
this
in
place,
so
for
Kevin
to
say
that
it
is
a
complete
surprise
to
them
that
something
like
this
would
come
in.
M
So
if
it's
good
enough
for
them,
it
should
be
good
enough
for
us
to
prevent
dust
from
impacting
their
facilities
again.
Just
because
Kevin
has
an
is
ultra
sensitive
to
dust
in
their
facilities.
It
has
these
open
greenhouses.
We
don't
believe
that
that
should
make
it.
You
know
our
conditions
even
more
strict,
then.
Finally,
I
lost
my
spot.
M
But
again
you
know:
we've
we've
taken
all
the
mitigation
efforts
that
we
possibly
could
and
the
area
is
zoned
for
this
we've
met
all
the
conditions.
The
staff
agrees
that
we've
met
all
conditions.
Obviously
we
agree
that
we've
met
all
conditions,
so
we
asked
that
our
conditional
use
permit
be
approved.
B
C
G
B
G
You
don't
want
to
micromanage
I'm,
just
I'm,
just
trying
to
like
these
overall
overarching
items
that
they
mentioned,
that
they
assured
us
that
they're
going
to
do.
Yes,
it's
good
practice
for
them
to
do
that.
But
yeah
you
know.
Maybe
we
leave
it
up
to
then
come
in
to
come
back
and-
and
you
know,
have
City
involved
and
then
there's
a
complaint
and
then
it's
back
in
front
of
us
I
mean
I.
Guess
that's
kind
of
the
backstop
here
right
again,
I'm
just
kind
of
bringing
up
for
discussion
purposes
under.
B
Item
eight
best
practical
control
Technologies
shall
be
employed
to
minimize
any
dust
if
I,
if
I
yeah,
if
I,
simplify
that
sentence
best
practical
control
technology
shall
be
employed
to
minimize
any
dust,
so
that
would
be
what's
generally
acceptable
in
the
industry
or
would
be
I
would
assume
to
be
required
under
any
permitting
item.
Nine
says
that
any
required
license
or
permit
from
the
Iowa
DNR
shall
provide
valid,
license
or
permit
as
applicable.
B
B
Yeah
yeah
we
kind
of
get
on
the
target,
okay,
but
then
to
hit
the
bullseye.
That's
to
me,
that's
usually
a
job
of
the
applicant
we've.
Given
you,
the
framework
you've
got
to
fill
in
paint
paint
by
the
numbers
now
yeah,
okay
filled
in,
but
again
that's
just
kind
of
how
I
would
see
it,
because
I'm
I'm
with
you
as
well
I
want
something
in
there
that
says:
yeah
you're,
going
to
pay
attention
to
how
how
you
operate.
B
G
The
only
thing
I
would
add
is
just
that
you
know
the
the
Kim
and
and
their
opposition
to
it.
You
know
certainly
sensitive
to
that.
They
are
a
good
member
of
our
community.
Definitely
I.
Just
don't
think
it
rises
to
that
level
of
significant
detrimental
impact.
It's
too
remote.
We
don't
know
at
this
point
if
there
is
going
to
be
any
impact
right.
It's
it's
sort
of
speculative
at
this
point
yeah,
so
I
I,
don't
think
it
it.
The
opposition
really
Rises
to
the
to
that
level,
and
so
I
would
I
guess.
B
You
know
a
lot
of
times
when
we,
when
we
see
these
things
the
audience
might
see.
Oh
well,
it's
just
a
picture
on
a
paper.
Gosh
I,
don't
know
where
that's
at
unless
I'm.
Unless
somebody
tells
me
I,
know
this
area
well,
I
used
to
ride
dirt
bikes
around
down
here
where
I
shouldn't
have
the
Union
Pacific
Railroad
probably
didn't
appreciate
me
down
there,
but
I'm
very
familiar
with
that
area.
This
has
always
been
a
very
heavy
industrial
and,
frankly,
not
the
prettiest
area
or.
O
B
Well,
an
outdoor
deck
table
sits
on
our
deck
I'm.
Nowhere
near
a
gravel
road
I'm,
nowhere
near
a
concrete
recycler,
but
every
third
day
I
got
to
clean
that
off
with
Windex.
You
can
wipe
your
finger
on
it.
There's
dust
in
an
urban
setting.
It
comes
from
all
kinds
of
stuff
and
I
can't
point
my
finger
at
where
that
dust
comes
from
on
my
table
and
my
table's
not
up
for
debate
today,
but
I.
B
Don't
think
that
that
we
can
say
that
there
will
be
x
amount
of
increase
of
dust
there
as
well
I
think
somebody
really
have
to
present
something
to
a
much
greater
degree
and
I
think
we'd
have
controls
here
to
deal
with
that
so
Justin,
if
you've
you've
got
a
motion.
Was
that
a
second
by
Ron,
oh
a
second,
by
marvelous
that
would
be
for
staff
recommendation,
subject,
subject
to
the
criteria
presented
or
the
conditions
presented,
correct
Okay,
so
we've
got
a
motion
to
Grant
the
conditional
use
with
the
conditions
presented.
B
All
those
that
would
be
in
favor
raise
your
right
hand
say:
I.
Okay,
that
motion
carries
6-0,
so
Dan
I
wish
you
well
with
your
business
to
fit
in
down
there.
Recycling
of
all
kinds
of
things
is
an
important
part
of
our
economy
as
well,
so
you'll
be
part
of
that.
Just
like
Kevin
Kevin's,
an
important
part
with
what
they
do.
So
we
thank
all
of
you
for
your
investment
in
our
city.
B
C
Thank
you
chair
members
of
the
commission
item
item
four
is
located
at
within
the
vicinity
of
1300
Southeast
First
Street.
The
proposal
is
use
of
the
premises
for
up
to
three
year
three
special
events
per
month
for
a
period
of
five
years
to
end
May
31st
2028
I'd
like
to
note
that
previously
the
board
had
issued
a
special
permit
for
this
proposal
that
expired,
20
May
of
2023,
so
the
applicant,
therefore,
since
it
expired,
is
back
in
front
of
us
today.
C
C
C
C
C
A
couple
of
comment
cards-
and
here
are
the
details
of
the
neighborhood
meeting
that
had
had
occurred
from
the
summary.
There
are
a
couple
I
believe
three
folks
that
attended
the
neighborhood
meeting
and
there
were
questions
regarding
the
participation
in
neighborhood
association
activities
as
well
as
concerns
raised
about
the
impacts
on
parking
and
then
continued
revitalization
of
that
area,
such
as
beautification
efforts
that
are
taking
place
and
how
would
they
continue
to
be
a
part
of
that.
B
Q
Q
B
Q
Q
Q
B
A
R
I
guess
three
things:
one
is
the
sound:
they
don't
will
they
have
to
get
a
sound
permit
for
each
each
event
that
they
have
okay
and
then
the
the
sound
looks
like
it
ends
at
eight,
where
there
are
events
end
at
10.,
I
guess
that
would
be
I.
Think
I
mean
I
would
be
encouraged
to
extend
that
a
little
bit
farther
the
sound
having
lived
where
I've
lived.
R
They
have
it's
not
bothered
me
I'm
four
blocks
as
a
crow
flies.
It's
just
not
been
a
problem
in
seven
years.
You
did
mention
neighborhood
parking.
I
guess
you
know
is.
Is
that
something
that
is
tasked
to
the
business?
Because
you
got
a
lot
of
Iowa
Cubs
parking
there
you
got
fishermen,
you
got
single
speed,
I
mean
you
know,
I,
guess
that
that
would
be
one
point:
I
mean
I,
don't
know
how
you
last
Friday
night.
It
was
part
full
and
they
weren't
even
open.
R
B
H
There
would
be
the
ability
to
get
a
type,
a
sound
permit
for
events
that
would
allow
them
to
go
till
11
on
weekdays
and
till
12
30
a.m,
on
holidays
and
weekends.
So,
okay,
the
the
sound
permit,
isn't
the
restricting
Factor
on
that
recommendation.
That
would
be
the
staff's
recommendation
in
terms
of
the
parking
question
you
know,
they
I
think
it's
fair
for
the
board
to
consider
all
the
pressures
that
might
be
present
in
the
parking
scenario
sure
and
whether
this
is
going
to
unduly
make
that
more
of
a
problem
for
the
neighborhood.
H
B
H
E
H
So
from
that
standpoint,
I
mean
they
have
to
comply
with
their
site
plan
in
terms
of
the
proper
striping
and
where
they
allow
parking
and
so
forth,
so
that's
still
enforceable
to
the
property.
The
fact
that
they
may
rely
on
overflow
happening
on
other
properties
is
something
that
the
board
should
consider.
Probably
so.
B
Okay,
all
right,
thank
you,
Eric,
all
right,
I,
don't
think
we
had
anybody
in
opposition
here,
but
Amy
you've
got
up
to
three
minutes.
If
you'd
like
to
add
anything
in
closing
or
any
further
information,
you
want
to
add.
Are
you?
Okay,
with
the
staff
recommendations?
You
just
nod
your
head,
the
conditions
for
time
and
how
to
operate?
B
Okay,
all
right
then
we'll
close
the
public
portion
and
go
to
board
deliberation
seems
to
be
a
fun
place
down
there
and
not
to
tease
the
applicant
or
or
the
other
comments
that
were
made,
but
I
don't
think
it's
up
to
us
to
ask
to
give
increased
hours
for
Sound
and
Music.
If
that's
what
is
suggested
or
proposed
or
agreed
to
well,
okay,
you
know,
then
everybody
can
watch
10
o'clock
news
and
it's
all
good
yeah.
B
By
marvelous,
second,
by
Rhonda
to
Grant
the
next
five-year
conditional
use
up
to
three
events:
Etc
with
conditions,
all
those
in
favor
raise
your
right
hand,
say:
aye.
All
right
motion
carries
six
to
zero
all
right,
so
that
takes
care
of
that
item
and
we'll
move
on
then
to
item
five
of
variance
and
an
exception
related
to
2110,
Guthrie,
Avenue
and
Catherine's.
Going
to
give
us
the
background
on
this
one.
D
Our
understanding
is
that
they
did
that
to
affect
some
maintenance
to
it,
but
this
removal
constitutes
an
alteration
or
expansion
of
their
legal
non-conforming
use
for
their
pull
sign,
and
so
by
taking
it
down,
they
lost
their
non-conforming
use.
So
they
are
here
today
seeking
a
variance
of
that
provision
that
a
non-conforming
pole
sign
may
not
be
enlarged
or
altered
in
a
way
which
increases
the
non-conformity,
as
well
as
a
type
2.
D
Zoning
exception
of
45
feet
over
the
maximum
15
feet
of
height
allowed
for
a
sign
located
more
than
25
feet
from
a
front
property
line.
So
just
a
aerial
view
showing
the
location
of
the
property.
Guthrie
avenue
runs
along
East
West
along
the
south
of
the
property.
So
that's
considered
a
frontage
line.
Interstate
235
runs
approximately
north-south
along
the
east
side
of
the
property
and
then
on
the
north
side
of
the
property.
They
have
Milton
Avenue,
which
turns
into
East
22nd
Street.
So
they
effectively
have
well
four
frontages
on
this
property.
D
And
so
that's
where
you
see
that
height
of
that
sign
today
and
when
we
updated
the
code
in
2019.
This
was
colloquially
using
the
term
grandfathered
in
and
that's
where
they
are
allowed.
With
this
non-conformity
to
have
a
pull
sign
that
is
at
such
a
height
and
then,
as
I
mentioned
earlier
this
year,
zoning
enforcement
noticed
that
the
cabinet
had
been
completely
removed
from
the
pull
sign.
It
was
on
the
ground
and
at
that
time
they
issued
a
notice
of
violation,
and
that
began
our
proceedings
today.
So.
D
So
I
think
not
to
drag
out
this
presentation.
Staff
is
recommending
denial
of
the
requested
variants
of
the
provision
I'm
going
to
enlarge
that
that
prohibits
a
non-conforming
pole
sign
from
being
enlarged
or
altered
in
a
way
that
increases
its
non-conformity
and
as
well
as
the
requested
type
2.
Zoning
exception
of
45
feet
over
the
maximum
15
feet
of
height
allowed
for
a
sign
located
more
than
25
feet
from
a
front
property
line.
D
However,
we
do
feel
that
they
would
meet
the
criteria
for
an
amended
appeal
for
a
type
2
zoning
exception,
which
would
allow
7.5
feet
over
the
maximum
15
feet
of
height
allowed
for
a
sign
located
more
than
25
feet
from
a
front
property
line,
and
we
have
conditions
on
that
that
would
allow
for
22.5
feet
of
height
for
the
sign.
The
conditions
that
apply
for
this
is
that
any
freestanding
sign
shall
be
a
monument
sign
located
outside
of
any
required
Vision
clearance
triangle.
O
D
I
apologize
I'm
happy
to
take
questions,
though,
really
quickly.
Let
me
flip
through.
We
did
receive
one
card
back,
but
it's
under
the
same
property
owner
and
under
the
same
operation
management
of
come
and
go
that
we
received
the
card
back
and
then
we
also
received
a
card
from
the
neighborhood
association
stating
I'll
enlarge
this,
that
they
have
no
oppositions
unless,
as
a
neighborhood
association,
unless
there
were
residents
closer
to
the
sign
that
had
any
oppositions
so.
D
I
believe
that's
all
I
had
for
you,
oh
and
then
they
did
do
their
neighborhood,
Outreach,
so
copy
of
the
letter
that
they
sent
out
and
then
a
summary
of
their
meeting.
They
did
a
zoom
meeting
and
they
said
that
they
did
not
have
everyone
anyway.
Anyone
in
attendance
so
again
I'd
be
happy
to
go
back
to
anything
answer
any
questions
you
might
have
for
staff
at
this.
B
Time,
questions
for
Catherine,
just
a
brief
one,
Catherine
I
can
understand
why
this
you
know
staff
would
not
sport
a
variance
request
here.
But
why
do
you
need
to
give
a
consolation
prize
they're
allowed
to
have
a
15
foot
tall
sign
the
way?
It
is
why
why
give
them
another
seven
and
a
half
feet
of
an
exception
to
have
a
sign.
That's
22
and
a
half
foot
tall.
T
A
B
Okay,
well,
that's
fair,
I!
Think
in
your
rationale.
You
say
that
there's
a
practical
difficulty
of
providing
signage
of
a
size
that
can
adequately
identify
the
fuel
station
and
convenience
store,
given
the
scope
and
configuration
of
the
site
I'm,
not
sure
how
it
would
be
confusing
to
the
average
driver
that
this
is
a
fuel
station
and
a
convenience
store,
even
with
a
15-foot
sign.
We've
got
two
huge
canopies
bump
Islands
Galore
I'm
there
all
the
time,
so
I'm,
not
I'm,
not
picking
on
the
location
but
well
we'll
see
about
that
yeah
yeah!
B
B
G
D
Option
level
should
you
should
the
board
Grant
it?
They
have
to
be
25
feet
from
a
front
property
line,
as
they
have
all
essentially
all
four
sides
of
their
property,
our
front
property
lines.
It
would
just
need
to
be
25
feet
from
a
property
line
and
we
did
measure
ahead
of
time
and
the
current
location
of
the
signage
and
the
the
poles
that
are.
There
would
meet
this
requirement.
So
if
they
want
it
to
place
the
the
new
sign
in
the
same
location,
they.
B
B
B
B
B
A
U
U
U
We
also
were
removing
the
price
sign
from
the
pool,
so
that
I'm
sure
you're
all
familiar
with
it.
That
price
line
is,
would
no
longer
be
there.
That
price
sign
is
old
and
Antiquated
and
provided
more
service
problems
than
probably
actual
advertising
of
fuel
and
probably
more
problems
for
them,
because
it
never
had
the
right
prices
anyway.
U
U
I
understand
that
the
city
is
going
is
suggesting
that
we
go
to
22
and
a
half
feet.
The
current
sign,
the
first
joint
of
those
poles
is
about
22
feet.
You
cannot
see
it
from
the
interstate,
which
is
what
the
sign
was
trying
to
do.
Drive
traffic
from
the
interstate
to
the
station
in
spring
and
summer
and
early
fall.
You
cannot
see
the
fuel
can
Feast
from
235
because
of
the
lease,
so
the
trees
would
have
to
go.
U
If
there
is
not
going
to
be
a
tall
sign,
I
guess
it
is
our
request
that
we'd
be
able
to
update
the
existing
cabinet
with
a
new
face
so
that
it
looks
nice
and
put
it
back
up
on
top
of
the
pole
sign
and
remove.
Currently,
the
price
lines
are
still
up
there
because
we
were
told
to
ceasework
and
remove
those
price
lines.
A
A
U
B
B
V
Hi,
my
name
is
Alana
East
First,
Street,
Des,
Moines,
Iowa,
50317
I'm,
the
house
on
the
corner
and
I
have
resided
in
this
house
since
2002..
So
my
concern
with
this
sign
is
the
light
pollution
and
it
has
caused
a
loss
of
enjoyment
in
my
property,
and
this
also
includes
the
backyard
because
of
the
light
being
so
tall,
even
with
the
tree
line,
that
is
on
my
side,
lap,
property
and
privacy
fence,
and
it
still
shines
through
and
I
can
still
see
it.
This
still
seeps
through
my
windows.
V
Since
the
sign
has
been
down,
it
has
decreased
the
light
pollution
toward
my
property
and
it
has
been
it
drastically
improved
my
enjoyment
of
property
and
the
written
sign
above
here
may
not
have
been
reviewed.
Yet
it
was
mailed
in
on
the
18th,
but
I
did
oppose
the
request
and
thinking,
if
there's
anything
else
here,.
A
V
B
E
E
B
H
Deputy
director
of
Neighborhood
Services
Eric,
Lundy
I,
did
want
to
clarify
this
would
not
be
considered
a
truck
and
transportational
terminal
if
they
had
other
things
like
maintenance
and
scales
and
other
services
that
would
be
for
over-the-road
trucks
or
they
had
storage
yards
for
trucks.
It
certainly
is
a
fueling
station.
That's
that
markets
to
you
know
over
the
road
trucks
and
there's
accommodations
with
canopy
size
and
fueling,
so
it
is
kind
of
an
enforcement
challenge.
H
H
They
could
they
could
yeah.
The
other
thing
is
they're
in
continuous
use,
so
I've
right
I,
don't
think
that
we
have
the
ability
to
impose
our
current
standards
share.
Some
of
that
sure
respect
as
well
right.
The
other
thing
I
wanted
to
come
up
here
to
sort
of
go
over
was
the
dynamic
of
what's
occurred
here.
H
So
the
way
that
come
and
go
is
arranged
site-wise
would
maybe
not
be
the
same
now
from
the
signage
perspective,
certainly
back
at
the
time
they
developed.
They
got
relief
based
on
a
determination
that
there
was
a
practical
difficulty
in
the
viewing
view
of
the
sign
from
from
an
interstate
traffic,
and
that
was
important
to
their
business
model.
But
at
that
time
poll
signs
were
permitted.
H
So
right
now
they
would
have
been
able
to
do
a
panel
change
without
removing
the
cabinet
from
the
from
the
pole
and
would
have
been
able
to
get
permits
to
do
that.
I
know
they
mentioned
the
safety
concern,
that's
something
the
board
will
have
to
take
into
account
in
the
in
the
situation,
but
the
way
the
code
reads:
it's
for
any
reason
whatsoever.
Essentially
so
we've
had
other
examples
of
their
competitors
that
have
had
the
same
problem
and
come
in
front
of
you.
I
just
wanted
to
point
that
out
too
so.
B
B
Okay,
all
right
great
any
other
questions
for
Eric
all
right.
Thank
you,
sir
okay,
applicant
or
representative
of
the
applicant,
since
zoning
officer
did
speak.
You're
welcome
to
have
any
follow-up
or
closing
remarks
if
you'd,
like
I,
can
give
you
up
to
three
minutes
for
that,
and
also
since
I
think
you
drove
down
here
today
from
Waterloo.
We'll
give
you
some
credit
there.
B
B
Don't
know
if
that's
just
in
rural
areas
or
or
what
have
you,
but
you
know,
you'll
you'll
see,
there's
Arby's
Cracker
Barrel
come
and
go
I'll
see
it
so
the
motoring
public
does
know
to
the
best
of
your
knowledge.
Is
there
any
sign
like
that
in
either
one
direction
or
the
other
that
says,
come
and
go
ahead?.
U
B
S
U
B
I
B
So
so
signage
is
just
part
of
people's
way
finding
it's
not
the
only
way.
You
know
something
exists,
right,
yeah,
yeah
and
and
again
I.
You
know,
there's
been
a
few
issues
over
the
years
and
decades
here
have
been
very
important
for
us
to
consider
here
and
the
proliferation
of
poll
signs
in
Des,
Moines,
Southeast,
14th,
Merle,
Hay,
Road
time
and
time
again.
Citizens
have
come
to
us
and
said
we
need
to
control
this.
The
suburbs
don't
put
up
with
this:
they
just
don't
and
Des.
B
B
That's
that's
what
she's
here
to
do,
but
if
we
think
we
need
to
allow
them
to
keep
their
60-foot
pole
for
their
gas
station
well,
I
think
we
need
to
allow
one
for
the
Denny's
in
the
quick
trip
and
the
McDonald's
and
anybody
else
who's
near
an
interstate
exit,
and
we
don't
have
that
I
think.
Frankly,
this
is
one
of
the
few
tall
pole
signs
left
in
our
city.
B
There
used
to
be
one
at
Northeast,
14th
and
Euclid
by
Eastgate
for
Hardee's,
it's
50
foot
in
the
air
and
they
said
it,
so
you
could
see
it
from
the
interstate
boy.
I
thought
that
was
a
good
one,
since
it
was
a
mile
and
a
half
away,
but
our
ordinance
didn't
catch
up
with
our
commercialism
and
something
that
was
mentioned
earlier.
Car
culture
was
mentioned
in
one
of
our
earlier
items.
You
know
the
tall
signs
go
back
to
cart
culture
and,
yes,
we
still
need
automobiles,
but
I.
B
Think
in
looking
at
the
zoning
ordinance
the
character
of
everything
and
including
the
comments
which
were
given
whether
it's
light
pollution
or
not.
There's
also
something
called
sign
pollution.
A
lot
of
big
signs,
a
lot
of
visual
impact,
that's
what
the
ordinance
is
trying
to
get
away
from.
So
those
are
my
only
comments,
but
if
anybody's
got
a
motion
one
way
or
the
other
feel
free
to
put
something
on
the
table
here.
B
G
Would
just
Echo
kind
of
what
you
said:
I
mean
you
know
the
city
and
the
City
Council
made
it
very
clear
that
they
did
not
want
to
have
poll
signs
and
it's
an
unfortunate
set
of
circumstances.
Here
we
have
a
you
know
where
they
essentially
lost
their
non-conforming
status,
and
so
since
they
lost
that
they
would
have
to
meet
the
variance
test
and
the
variance
test
is
very,
very
difficult
to
meet
and
unfortunately
they
have
not
met
the
variance
test
today,
and
so
I
will
be
voting
to
deny
their
request
today.
Okay,.
B
And
just
for
some
clarification,
so
there's
a
there
are
two
appeals
here:
there's
the
variance
request,
which
is
number
one.
But
then
again,
staff
has
proposed
an
exception
as
kind
of
a
consolation.
If
you
will
so
there
are
two
appeals,
so
we
can
do
two
votes
here,
so
we
could
do
do
we
want
to
consider
the
variance?
Does
anybody
want
to
put
a
motion
on
the
table
to
either
sport
the
variance
or
deny
it
Gary?
You
want
to
add
anything
for.
T
G
B
Okay,
all
right,
so
we
got
a
motion
of
denial
of
the
request
for
variance
all
those
in
favor.
Raise
your
hand,
say:
aye
aye,
all
right
motion
carry
six
zero.
Okay.
Now
we
there
is
a
secondary
appeal
here,
an
exception
of
40
feet
over
the
maximum
15
feet
of
height
allowed
for
a
sign
more
than
25
feet
from
a
property
line.
S
B
C
Item
six
is
located
at
2525,
Grand
Avenue
and
the
proposal
is
use
of
the
building
for
a
hotel
with
accessory
sales
of
alcoholic
liquor,
wine
and
our
beer
for
on-premises
consumption,
which
would
be
permitted
throughout
the
building
and
use
of
a
712
square
foot
area
and
120
square
foot.
Patio
for
a
bar
use,
in
addition
to
alteration
and
expansion
of
an
existing
freestanding
pole,
sign
along
Grand
Avenue
with
a
maximum
height
of
13.5
feet.
C
So
here
is
the
Gatehouse
that
is
located
on
the
premises,
as
mentioned:
here's
another
view
of
the
building
located
here
and
this
this
is
actually
facing
what
would
be
North
East
from
Grand
Avenue,
and
here
is
another
view
set
further
back
closer
to
the
sidewalk.
So,
as
you
can
see
the
restaurant
being
here,
the
building
set
back
a
little
bit.
The
bar
is
set
back
even
further.
C
C
And
here
is
a
further
aerial
that
I
thought
was
important
to
kind
of
explain
the
context
of
the
property
as
you'll
see,
this
is
Grand
Avenue
along
the
South.
This
would
be
Ingersoll
Avenue
to
the
West.
The
reason
I
note
that
is
because,
on
our
next
item
we
we
will
be
talking
about
after
this
one.
There
is
some
overlap
associated
with
those
and
I'll
get
to
that
in
a
moment,
but,
as
you
can
see,
there's
a
drive
that
extends
down
the
bar
here.
C
The
Hotel,
the
restaurant,
and
so
the
the
bar
is
intended
for
the
purpose
of
serving
the
hotel
patrons,
as
well
as
the
conditional
use
for
within
the
the
hotel
itself
would
be
to
allow
for
alcohol
service
to
be
provided
to
the
hotel
rooms
and
for
the
pool
areas
and
and
other
areas
within
the
actual
hotel.
But
it
is
intended
for
those
folks
who
would
be
staying
at
the
hotel.
C
So
here's
an
old
old
photo
of
this
is
old,
Howard
Johnson
photo
of
the
building,
and
so
what
you'll
see
is
originally.
This
building
was
combined
with
the
parcel
that
is
to
the
north
they're
no
longer
combined,
but
I
wanted
to
show
this
for
historical
purposes
of
the
old
Howard
Johnson
Hotel.
It's
the
applicant's
intention
to
renovate
the
the
hotel
for
a
81
room,
mid-century,
modern
boutique,
hotel
called
Malo,
and
so
the
hotel
is
intending
to
have
45
parking
stalls
and
I'm
going
to
back
up
just
so.
C
We
can
see
some
context
here:
they're
intending
to
have
45
parking
stalls
on
the
premises
to
serve
the
hotel
and
the
bar.
They
are
also
reconstructing
a
portion
of
this
retaining
wall
and
there
is
some
overlap
and
ownership
to
where
overflow
parking
would
be
provided
on
the
parcel
to
the
West,
which
is
Office,
Max,
Taco,
John's,
I'm,
not
sure
if
there's
a
Dollar,
General
or
something
similar
within
that
building
as
well.
C
And
here
is
the
hotel
on
I'm
showing
this
as
a
you
know,
it
kind
of
shows
the
first
floor
where
that
alcohol
service
would
be
for
the
bar.
If
you
can
see
my
cursor
I'm,
not
sure
if
he
can
squirreling
around
and
then
there's
a
patio
and
then
the
serving
area
for
inside
the
hotel
is
also
going
to
be
the
bar
area.
Here,
a
pool
area,
some
common
areas
where
the
service
would
take
place
as
well
as
some
of
that
delivery
to
the
rooms
as
well
when
room
service
is
ordered.
C
That's
that's
in
front
of
you
today,
and
so
this
is
the
original,
or
this
is
the
original
frame
of
the
pole,
sign
that
was
there
and,
and
so
it's
there,
requiring
a
variance
of
the
provision
that
prohibits
a
non-conforming
pole,
sign
from
being
enlarged,
altered
or
altered
in
a
way
that
increases
its
non-conformity
and
then
there's
a
a
second
appeal
for
that
sign.
It's
a
type
2
zoning
exception
of
5.5
feet
over
the
maximum
eight
feet
within
the
front
yard.
C
C
C
C
C
Now
there
are,
there
are
some
criteria
as
as
related
to
the
variants,
and
so
the
variance
require
requires
what
we
consider
a
hardship
test.
And
so
it's
demonstrating
that
you
know
the
the
variance
needed
needs
to
demonstrate
that
they
that,
without
it
they
they
cannot
achieve
a
reasonable
return
on
the
property
as
well
as
they
need
to
demonstrate
that
the
plight
of
the
owners
not
due
to
circumstances
of
their
own
making,
and
that
the
variance,
if
approved,
wouldn't
alter
the
essential
character
of
the
area.
C
Staff
does
not
believe
that
the
applicant
has
demonstrated
the
the
test
that
they
wouldn't
be
able
to
yield
a
reasonable
return
associated
with
if
they
didn't
have
the
sign,
as
well
as
the
circumstances
are
of
the
owner's
own
making.
Now,
as
we
consider
the
the
sign,
we,
we
also
have
to
consider
the
the
height
of
the
sign,
which
itself
requires
a
type
2.
E
C
Three
three
folks
had
intended
the
meeting
and
there
were
questions
some
of
the
applicants
were
concerned
about
the
proposal
for
another
bar.
However,
the
the
hotel
that
has
been
operated
is
the
the
applicant
had
indicated
that
they're
they're
not
looking
for
any
adverse
activity
to
impact
the
overall
Hotel
operations,
so
they
plan
to
operate
that
in
a
manner
that
would
be
consistent
with
any
conditions
of
approval.
G
G
E
B
W
W
This
is
new,
since
I
was
here
last,
so,
oh,
what's
up
sweet
okay,
so
one
of
the
things
I
want
to
convey
is
that
and
Frank
started
to
touch
on
this.
This
is
part
of
a
much
larger
context,
so
we,
my
daughter,
got
a
little
aggressive
in
her
red
shading,
so
we
do
not
own
the
Taco
John's,
but
everything
else
is
part
of
what
we
are
working
on.
It
also
doesn't
include
the
Jimmy
John's
to
the
west
and
in
which
we're
working
on
putting
a
French
pastry
chef.
W
So
the
context
of
this
is
important
not
only
for
the
cross
parking
that
Frank
alluded
to,
but
you
can
see
it
really
well
in
the
image
that
Frank
had
that
before
with
the
power
lines
and
the
multiple
signs
and
the
just
visual
clutter,
that
is
there.
Some
of
the
things
I
want
to
convey
in
my
20-year
career
I
have
never
asked
for
a
poll
sign.
W
This
is
the
historic
renovation
of
a
former
Howard
Johnsons
and
I'm
going
to
show
you
a
number
of
images
that
convey
the
iconic
nature
of
Howard
Johnson's
and
its
recognized
stature
in
our
in
our
country.
For
being
one
of
the
first
motor
lodges
and
so
sorry
to
correct
you
Frank,
but
it's
not
mallow
it's
molo,
which
we
couldn't
use,
Hojo
or
anything
remotely
related
to
the
name,
Howard
Johnson's,
which
would
have
been
a
lot
more
fun.
W
W
Another
10
will
go
into
the
adjacent
Office
Max
and
Dollar
General
Chad
Rasmussen
who's
with
me
and
part
of
our
group
has
worked
diligently
on
this
to
make
the
leases
co-terminous,
and
we
will
be
doing
a
full
renovation
of
that
when
those
leases
are
up
and
and
improving
the
tendency,
nothing
wrong
with
the
existing
ones.
But
Ingersoll
used
to
be
one
of
the
primary
trade
districts
and
I.
W
Think
the
day
for
for
that
is
coming
back,
Frank
started
to
convey
some
of
the
imagery
we
fully
intend
and
are
going
through
the
National,
Park
Service
and
the
state
historic
preservation
office
to
do
a
full
historic
renovation
of
the
project
and
one
of
the
components
of
that
and
I'll
start
to
show
you
some
images
relative
to
it,
but
because
it
was
a
Motor
Lodge,
because
Ingersoll
was
such
a
major
vehicular
Corridor
and
remains
a
strong
vehicular
Corridor.
But
thankfully
now
has
incorporated
the
components
of
walkability
and
and
bicycle
traffic
that
we
fully
support.
W
W
This
is
a
shot
of
the
former
Gatehouse
and
how
we
intend
to
restore
that
orange
tile
roof
and
the
interior
spaces
that
were
unique
to
Howard
Johnson's
I
wish
we
could
bring
the
restaurant
back
Starbucks
got
that
we
also
intend,
in
the
future,
to
the
medical
office.
Building
that
sits
on
Grand
is
part
of
the
project
not
in
with
in
front
of
you
today,
but
just
for
context
that
will
become
a
neighborhood
restaurant
and
you
see
a
little
patio
on
the
on
the
Eastern
side
of
that
building.
W
W
That's
just
an
aerial
shot,
but
one
of
the
things
the
visual
clutter,
the
retaining
wall
Frank
touched
on.
We
are
going
to
replace
the
entire
retaining
wall
along
our
property,
as
well
as
all
the
Landscaping
fencing
and
bury
all
of
the
overhead
power
lines
that
are
currently
coming
into
the
site.
I
think
that
might
not
seem
like
a
big
deal,
but
there
was
like
a
spider
web
of
power
lines
that
were
coming
into
the
building
and
between
the
retaining
wall
being
ugly
and
power
lines
and
the
fence
we
are
going
to
remove.
W
W
This
is
a
mood
board
to
give
you
a
little
feel
for
what
what
the
designers
are
thinking
about
when
they're
talking
about
the
hotel
I
stayed
at
the
former
Howard
Johnson's
in
Old
Scottsdale
17
years
ago.
It's
called
The
Valley
Ho
and
vowed
if
I
ever
got
a
shot
at
an
old
Howard.
Johnson's
I
was
going
to
try
and
do
something
as
cool
as
what
they
did
and
we're
doing
our
best
to
do
that.
W
This
was
the
sign
that
we
originally
Drew
I'm,
not
asking
for
the
sign.
I
mentioned
I
live
in
the
neighborhood.
It's
really
important
that
people
can
navigate
safely
and
even
some
of
our
street
trees
in
certain
ASP
in
certain
portions
of
grand
make
it
difficult
to
come
and
go
and
from
location.
So
we
modified
that
to
this
size,
sign
and
Pull
and
base
with
staff's
recommendation
of
approval
of
a
monument
sign
at
12
feet.
This
is
not
a
monument
sign,
but
it's
13
and
some
change
I
wouldn't
have
any
problem.
W
Shortening
this
to
the
12
feet,
height,
that
the
city
staff
has
suggested
for
a
monument
being
a
neighbor
to
this
property,
a
monument
sign.
In
my
opinion,
it
has
a
wider
base
and
sits
on
a
pedestal
and
certainly
is
important
in
certain
circumstances,
but
I
think
it
in
this
case.
This
is
actually
a
better
application
from
Frank's
comment
about
view.
Triangle
and
and
I
have
a
copy
of
this
for
the
record.
W
The
images
that
I'm
about
to
show
you
are
from
the
book,
history
of
the
Howard
Johnsons
and
the
how
a
Massachusetts
soda
fountain
became
an
American
icon
and
what
I
want
to
convey
with
these
images
is
just
how
important
signage
was
I
like
this.
This
sentence
here
it
says
Howard,
Johnson's,
Motor
Lodge,
makes
an
overnight
stop
a
vacation.
It's
actually
one
of
the
main
goals
of
our
project
is
to
is
to
become
a
staycation
location
for
citizens
of
the
Metro.
W
W
W
I
W
I
W
I
B
W
E
W
Yeah
and
so
I
want
to
make
sure
that
the
board
is
thinking
about
that
right
in
its
entirety.
Right
I
think
this
is
I,
served
on
this
board
for
four
years,
so
I
have
some
familiarity
of
what
you're
dealing
with
one
of
the
things
I'd
like
to
put
in
place,
and
it's
a
little
out
of
order
is
the
Ingersoll
sign
is
more
important
to
me
than
the
Grand
Avenue
sign.
B
B
Is
the
Ingersoll
line
okay
and
which
one's
more
important
to
you,
the
next
one,
the
next
one,
okay
yeah
so
related
to
this
one,
so
the
existing
Grand,
Avenue
scientist
kind
of
has
this
I,
don't
know
what
you
want
to
call
it.
This
scallop
looks
like
kind
of
a
salad
fork,
shaped
Pole,
right
right
and
you
would
take
that
down,
but
you
want
to
replace
it
with
kind
of
a
narrow
flat
shaft
with
your
general
design.
But
you
say
you
would
keep
that
around
12
foot,
yeah.
B
B
W
B
And
it
could
be
set
pretty
close
to
the
sidewalk
similar
location.
That's
the
only
Rob
I've
had
for
years,
I
like
Monument
signs,
but
sometimes
they're
hard
to
see
around,
depending
on
how
they're
set
and
where
the
accesses
are.
But
your
primary
access
to
get
out
is
still
going
to
be
where
that
driveway
is
now
you're
going
to
redo
the
retaining
wall
and
stuff
right
yeah,
but
it's
a
drive
still
going
to
be
kind
of
there.
This
property
is
tough.
W
Now
we
have
a
Grand
Avenue
address,
but
we're
actually
more
visible
from
yourself
right
and
we
fully
expect
that
no
one
is
going
to
find
our
hotel
because
of
the
sign
right.
That's
not
why
I'm
standing
in
front
of
you
I
got
you.
It's
they're
good
people
who
reserve
a
room
on
their
phone.
It's
it's
part
of
the
overall
history
and
the
point
behind
a
Motor,
Lodge
and
just
to
say
it
more
plainly.
W
I
B
B
X
Hello,
my
name
is
Lauren
Cola
director
of
The
Avenues
of
ingersolling
Grand
in
our
office
address
is
558
28th
Street,
if
you're
not
familiar
The
Avenues
of
Ingersoll
and
Grand
is
a
non-profit
organization
that
promotes
this
area
that
provides
enhanced
maintenance.
Everybody
come
to
Ingersoll
live
on
Saturday.
That's
my
plug.
Okay,
but
I'm
here
today
to
chat
about
item
six
and
seven.
As
Jake
said
they
are
related,
so
the
signage
and
the
conditional
use
for
the
hotel,
molo
property,
so
I'm
here
to
express
support
for
the
project.
X
The
full
plans
for
the
hotel,
including
the
pool
the
bar,
the
restaurants.
It's
going
to
add
further
amenities
for
the
people
who
live
and
work
in
the
neighborhood.
It's
going
to
truly
be
an
asset
for
everyone.
I
think
this
hotel
will
continue
to
help
build
the
Avenue's
reputation
as
not
just
a
corridor,
but
rather
a
destination.
X
So
the
signage
that
the
hotel
molo
is
proposing
not
only
matches
the
aesthetic
of
the
mid-century
modern,
Hotel
concept,
but
I
think
it
also
adds
character
to
our
neighborhood.
Our
neighborhood
is
not
some
sort
of
cookie
cutter,
suburban
area,
it's
known
for
its
art,
it's
culture,
its
unique
mix
of
old
and
new,
the
history
and
I
think
the
current
signs
that
are
left
over
from
the
apartments
are
still
a
lingering
eyesore
and
they
add
nothing
to
the
neighborhood.
X
While
these
signs
would
actually
add
something,
maybe
a
vast
Improvement,
so
I
read
through
the
staff,
recommendations
and
I
understand
the
concerns
about
Vision
clearance
and
I.
Think
Jake
and
his
team
have
made
it
pretty
clear
that
they're
willing
to
work
with
the
city
he
lives
here.
He
cares
about
the
community
to
make
it
the
best
solution
for
everyone.
X
Kind
of
echoing
his
comments.
I
feel
like
a
12-foot
Monument
sign
would
be
way
more
bulky
and
out
of
character
and
would
create
more
of
a
vision,
clearance
issue
than
the
12-foot
pole
sign,
which
is
aesthetically,
pleasing
and
fits
the
character
of
the
project.
So
I
personally
believe
it
would
be
better
just
to
work
with
the
existing
pole
signs.
So
yeah
I
was
just
I'm.
X
B
All
right
anybody
else
here
to
speak
in
support
of
the
applicant's
request.
Anybody
here
to
speak
in
opposition
or
neutrality,
all
right.
Seeing
none
do
we
have
any
further
questions
for
staff
Eric
yeah.
Do
you
want
to
come
up
and
address
or
if
Justin
wants
to
throw
that
at
you
again,
sorry
I
didn't
mean
to.
H
Is
still
exists,
we
have
not
enforced
on
it.
It's
arguably
because
of
the
change
of
use
of
the
premise
which
there's
an
original
Hotel.
It
was
Apartments
we're
going
back
to
hotel
that
actually
triggered
a
site
plan
as
well.
That
site
plan
is
also
a
triggering
element
to
removal
of
the
sign
since
we're
in
that
development
process.
Right
now
we
don't
enforce.
H
Until
everything
is,
you
know,
the
change
of
use
is
established
or
whatever
so
there's
no
there's
been
no
removal
of
the
sign
or
we
have
not
enforced
for
them
to
remove
the
sign
yet,
but
that
would
have
been
inevitable
if
they'd
left
it
up
as
it
is.
That
said,
the
way
this
was
put
on
the
agenda
was
for
an
alteration
of
the
existing
sign,
so
if
they're
actually
replacing
it,
the
relief
is
the
same.
H
So
I
don't
know
if
we
have
to
re-notice
it
or
I
was
going
to
present
that
question,
because
I
think
in
all
the
discussion
leading
up
to
this
my
involvement,
it
was
still
preserving
a
portion
of
the
structural
element.
So
if
that's
not
the
case,
then
I
didn't
know.
If
we
had
to
re-notice
it
or
if
we're
still
good,
knowing
that
it's
a
variance
of
the
of
the
provision
on
the
poll
sign
itself,.
H
H
H
The
the
the
Collective
activity
of
changing
the
use
requires
a
site
plan
and
and
there's
language
in
the
code
about
when
poll
signs
lose
they're
non-conforming
status
and
one
of
those
is
the
change
of
use.
You
know
site
plan
elements,
okay,
so
it
has
yeah.
So,
okay,
the
fact
and
then
I,
don't
know.
If
it's
been
maintained
in
occupation,
has
it
been
occupied
still
yeah?
So
it's
been
out
of
the
first
six.
W
G
B
H
H
O
T
T
B
All
right,
thank
you.
Eric
much
appreciated
all
right,
any
other
questions
for
staff.
Mr
chairman
you.
You
will
get
three
minutes
here
in
a
sec
anyway,
so
yeah
yeah.
Okay.
So
if
there's
no
further
questions
for
staff,
yeah
Jake
come
on
up.
You've
got
three
minutes.
You
can
wrap
it
up.
Rebuttal
add
info
the.
W
Only
thing
I
have
to
to
add
is
that
just
for
context
of
why
we're
vacant
yeah
we
we
paid
175
000
to
relocate
every
person
who
lived
in
that
building.
That
building
was
a
d-minus
apartment
building
when
we
acquired
it,
it
was
not
safe.
He,
whatever
you're,
going
to
call
them
the
stoves
were
shares
plugged
into
the
wall
and
there
were
two
burners.
The
building
was
terrible,
so
we
relocated
everyone
because
I
didn't
want
someone
to
go
homeless
because
I.
What
I
thought
was
a
cool
idea
wow.
W
So
we
had
Primary
Health,
relocated
every
single
person.
Nobody
became
homeless
because
of
what
we're
trying
to
do,
and
that
was
at
the
same
time
covet
hit
So
within
a
week
of
getting
everyone
relocated.
Then
kova
shut
us
down
over
two
years,
so
we
would
have
stayed
occupied.
We
would
have
been
here.
We
would
have
not
TR
I'm,
very
aware
of
the
six-month
vacancy
rule.
W
B
B
If
there
was
a
maybe
a
meet
in
the
middle
proposal
that
you
had
a
monument
signed
base,
just
the
first
two
foot
of
some
kind
of
material
that
might
go
to
mid-century,
modern
and
usually
with
your
proper
base
masonry
base.
Then
you,
the
sign's,
supposed
to
be
generally
the
width.
What
if
we
had
some
combination
where
you
could
put
your
sign
on
a
proper
base,
totally
fine.
E
W
B
B
Okay,
all
right
anything
else
for
Jake
all
right!
Thank
you,
sir
great
presentation.
Okay,
we'll
close
the
public
portion
and
go
to
board
deliberation
and
I
would
encourage
my
colleagues.
You
know
we
basically
have
four
appeals
here,
so
we
could
break
these
down
into
four
votes
and
even
four
sub
chapters
in
discussion
and
I'll,
just
kind
of
lead
off
I'm,
not
the
oldest
one,
on
this
board,
see
he's
but
I.
Don't
remember
when
I
even
got
like
this,
but
I,
don't
remember
when
Howard
Johnson's
actually
operated
here.
B
It's
to
me,
I
I
do
but
Dom
does
but
I
just
think.
This
is
an
amazing
project.
I've,
driven
by
this
thing
for
30
some
years
and
I
never
caught
the
architecture,
especially
to
what
used
to
probably
be
that
was
probably
the
main
office,
the
little
cupola
building.
That's
where
you're
checked
in
this
is
a
fascinating
project.
This
is
awesome.
This
is
great
for
the
city,
it's
great
for
Ingersoll,
the
alcohol
use
it's
incidental,
it's
not
the
primary
use.
It
goes
with
it.
B
We
didn't
spend
much
time
to
even
discuss
what
kind
of
booze
or
how
I
think
the
applicant
was
clear,
so
kind
of
to
break
this
down.
The
first
appeal
is
a
conditional
use
for
an
other
use,
which
is
a
hotel
that
would
sell
alcoholic
liquor,
wine
or
beer
for
on-premise
consumption.
So
would
there
be
any
discussion
or
any
emotions
on
that
consideration
for
that
conditional
use.
S
B
Subject
to
the
relative
conditions
that
would
go
with
that
on
and
on
all
right.
Would
there
be
a
second
by
anyone?
Second,
by
Heather
Ann,
all
those
in
favor
raise
your
right
hand
say
aye,
all
right!
That
motion
carries
6-0
related
to
that
there's
a
conditional
use,
then
for
a
bar,
which
would
be
in
the
littler
building
there.
I
think
selling
alcoholic
liquor,
wine
or
beer
for
on-premise
consumption
same
thing,
any
discussion,
thoughts
or
emotion.
B
Right
motion
by
Heather
Ann
second
by
Rhonda,
all
those
in
favor
raise
your
right
hand
say
those
opposed
all
right.
All
right.
We've
got
one
opposed,
but
that
motion
still
carries
five
to
one.
So
we've
got
conditional
use
there
for
the
bar
okay.
So
now
we've
got
to
break
down
so
the
variance
requests.
B
You
know,
there's
a
non-conforming
poll
sign
to
be
enlarged
or
altered
in
any
way,
but
I
think
with
the
discussion
we
had.
The
variance
request
is
to
actually
remove
the
existing
poll.
Sign
and
replace
it
with
a
new
I
would
call
stylized
pole
sign.
So
would
there
be
some
discussion
on
that
variance
request.
I
Voted
on
unassigned
I
wish
I
mean
I
I'm
learning,
but
this
project
seems
really
unique,
very
interesting.
It's
right!
Next
to
a
gallery,
an
art
gallery.
There
was
an
accident
that
happened.
That
was
very
upsetting
to
me
as
I
traveled,
that
road
daily
I
get
the
the
hesitation,
the
public
hesitation
about
doing
a
monument
sign.
For
that
reason,
the
visibility
and
the
speed
on
Grand
but
I,
don't
know
if
that's
outside
of
the
scope
of
our
discussion.
But
that's
my
comment.
B
I
I
would
appreciate
the
reasons
based
on
the
historical
aspect,
the
artistic
aspect
and
the
safety
aspect,
making
it
a
unique
part
of
a
unique
neighborhood
and
keeping
consistent
with
the
traffic
and
the
safety
in
that
particular
area.
I
know
I've
tried
pulling
out
onto
Grand
from
that
parking
lot
and
it
is
not
for
the
faint
of
heart
right
and
I.
T
I
I
was
just
chatting
with
the
chair
about
about
the
comments
and
to
kind
of
clarify
my
last
answer
about.
You
know
the
variance
test,
but
the
comments
that
I'm
hearing
when
you're
talking
about
the
vision,
the
vision,
clearance
and
things
like
that
it
doesn't
strictly
fall
under
the
variance
test.
But
under
6.6.2
of
chapter
134.
The
board
can
determine
that.
There's
not
a
feasible
location
for
the
placement
of
a
monument
sign,
that's
outside
of
the
vision
clearance,
and
so
that
could
allow
an
exception
for
a
poll
sign
to
be
placed.
A
B
S
B
H
B
H
I
think
if
there's
any
inkling
of
wanting
to
pursue
that
other
exception
provision
that
Gary
pointed
towards
right,
that
we
should
have
the
chance
to
evaluate
that
and
determine
separate
recommendation,
so
that
might
still
be
an
option
available
for
them,
but
because
because
I
could
certainly
say,
a
monument
sign
could
not
also
go
in
that
location.
Right.
So
could
that's
definitely
a
an
element
to
that.
B
B
B
B
H
B
W
T
A
T
B
Next
month,
if
we
continue
this,
it
would
just
be
about
what
you
are
proposing
for
a
sign
you,
you
could
certainly
say
no
I'm
just
going
to
do
the
monument
sign
the
way
I'm
supposed
to,
and
you
don't
have
to
come
back
okay,
but
for
clarification,
maybe
to
sit
down
with
staff
and
talk
about
some
things.
I
think
that
we're
there
were
everything
from
concerns
hints
and
suggestions
from
the
board
on
both
sides.
Maybe
what
you
could
propose,
maybe
what
staff
should
look
at
a
Little
Closer.
W
W
B
Right
right,
that's
a
good
point.
Well
then,
let's
go
ahead
since
you
stayed
at
that,
then
we'll
go
ahead
and
address
number
six
and
then
I
think
we
can
address
seven
with
the
continuance
two
okay.
So
all
right
so
based
on
the
board's
deliberation.
Some
of
our
questions,
discussion
with
us
and
staff
and
the
applicant
applicants,
requested
to
continue
the
secondary
portions
of
item
six,
the
variance
request
and
then
a
zoning
exception
related
to
a
non-conforming
poll
sign
to
the
next
hearing.
B
G
B
It's
not
like
we're
trying
to
get
out
of
here
early
or
anything
on
you
Jake,
but
but
yeah
I
I
think
it
might
be
good
for
everybody
to
sit
down
just
go
back
to
drawing
board
and
maybe
there's
a
meat
in
the
middle
here
all
right,
but
you
have
a
super
project
here.
This
is
awesome,
so
thank
you
for
coming
in
today,
all
right
so
other
business
minutes
from
last
month,
those
that
were
on
the
board
last
month
and
we're
here.
If
there
are
any
corrections
to
the
minutes.