►
From YouTube: 1-25-23 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, January 25, 2023.
View the agenda: https://DSM.city/ZBOAatHome
A
On
the
audience's
right
is
Dave
Gare
next
to
him
is
Rhonda
sedillo
on
the
audience's.
Far
left
is
Nathan.
Blake
next
to
him
is
marlus
Jones
and
I'm
Mel
pins
the
board
chair.
This
is
a
seven-member
board.
We've
got
five
of
us
here
today:
I'll
introduce
the
city
staff
who
will
be
assisting
us
today.
The
legal
counsel
for
the
board
to
my
left
is
Lisa.
Wieland
I'm
out
here
to
the
left,
is
Frank
Dunn
Young
Senior
city
planner,
Bert,
dross,
Deputy
planning,
administrator
and
Eric
Lundy
zoning
enforcement
officer.
A
Our
meeting
moderator
is
Tyler
Hall
I'm,
going
to
cover
the
meetings
procedure
here
briefly,
for
some
of
you,
this
may
be
your
first
time
in
front
of
us.
You
may
hope
it's
your
only
time
in
front
of
us,
but
we'll
take
you
through
the
process
today.
So
so
don't
worry
about
how
the
process
works
for
a
procedure.
We
will
help
you
with
that.
First
and
foremost,
this
board
is
a
quasi-judicial
board.
This
hearing
will
be
conducted
within
the
procedures
and
format
as
authorized
by
Iowa
law
in
this
City's
ordinances.
A
This
meeting
is
open
to
the
public,
but
the
meeting
is
being
recorded
by
both
audio
and
video.
For
a
legal
record
of
these
proceedings,
the
board
members
have
each
received
a
copy
of
the
agenda
and
the
staff
recommendations
by
the
way,
if
you
need
a
copy
of
the
agenda
and
the
staff
recommendations
and
don't
have
one
they're
here
by
the
door
on
the
little
table,
the
board
members
are
required
to
base
their
decision
on
each
item
upon
their
criteria
established
by
law
for
the
type
of
relief
sought
by
the
appellant.
A
The
law
applicable
to
each
case
has
been
identified
in
the
written
staff
report.
If
the
facts
is
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.
A
Anyone
or
and
present
any
written
comments
that
have
been
received
prior
to
the
hearing
for
that
item,
the
applicant
or
their
representative
will
then
be
allowed
up
to
10
minutes
to
present
their
appeal
will
then
move
to
the
public
comment
portion
of
the
hearing
for
that
item.
Anyone
wanting
to
speak
in
support
of
in
opposition
to
or
even
in
neutrality
of
that
appeal
will
be
allowed
up
to
five
minutes
each
to
provide
their
comments.
This
will
be
their
one
and
only
opportunity
to
address
the
board.
A
A
All
speakers
must
speak
only
from
the
podium
here
at
the
center
of
the
room.
We
got
the
stand
there
with
the
screen
and
the
microphone
they'll
need
to
begin
your
presentation
by
first
giving
both
their
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.
A
After
all,
testimony
has
been
received.
The
board
chair
will
then
close
any
further
public
comment
on
the
agenda
item.
The
board
will
immediately
deliberate
the
request
and
we
will
make
a
decision
here
today
regarding
the
appeal.
Please
note
that
it
takes
at
least
four
affirmative
votes
for
any
zoning
appeal
to
gain
approval,
I'm,
just
gonna
pause
here
briefly.
It
always
takes
four
affirmative
votes
for
any
zoning
appeal
to
gain
approval.
This
is
a
seven
member
board.
We
only
have
five
members
present
today.
A
This
board
has
very
good
attendance,
but
I
can't
always
guarantee
all
seven
will
be
here,
but
when
we
get
down
to
five
members,
that
means,
if
you
want
your
appeal
to
be
approved,
and
it's
on
the
regular
part
of
the
agenda
where
we
have
to
vote
you'll
have
to
convince
four
of
the
five
of
us
that
that
that
you
meet
the
conditions
to
Grant
approval.
So
for
some
reason
you
would
feel,
like
those
odds,
aren't
very
good
for
me
today.
You
can
request
that
we
continue
this
item
to
the
next
regularly
scheduled
hearing.
A
However,
I
cannot
guarantee
that
I
will
have
more
than
five
members
present
at
the
next
hearing.
Sometimes
we
have
six
most
of
the
time
we
actually
have
seven,
but
when
we
get
to
the
regular
portion
of
the
hearing,
I'll
I'll
come
back
to
that
again.
If
you
think
you
have
a
great
case
and
should
be
no
problem
meeting
the
requirements
for
granting
approval,
let's
talk
about
it,
but
you
will
have
the
option
with
only
five
of
us
present.
A
If
you
want
to
defer
to
the
next
meeting
you
you
could
ask
for
that
for
any
appeal
we
hear
today.
If
your
appeal
is
approved,
we
ask
that
you
wait
until
at
least
one
week
from
today's
hearing
to
contact
the
city's
permit
and
Development
Center
if
you
would
need
to
obtain
any
necessary
building
permits
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
and
Order,
which
will
be
provided
to
both
you
and
City
staff.
For
the
record.
A
The
decisions
of
this
board
can
only
be
appealed
in
the
Polk
County
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.
A
Any
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
is
part
of
the
permanent
record.
You
might
contact
City
staff
after
the
hearing.
If
you'd,
like
a
copy
of
anything
presented
here
at
this
hearing,
just
a
few
quick
housekeeping
items
before
we
begin,
we
ask
that
you,
please
avoid
any
undue
conversation
in
the
audience
in
order
to
limit
distractions
during
the
hearing.
You're
doing
fine.
So
far,
please
ensure
your
cell
phones
have
been
silenced.
A
Also
sounds
like
everybody's
doing
pretty
good
and
if
you
need
to
use
a
restroom
just
walk
past
the
staircase
here
restrooms
are
to
your
left.
You
don't
need
to
go
back
downstairs
and
subject
to
the
agenda
once
your
agenda
item
is
completed,
you're
welcome
to
leave
the
hearing
and
we'll
have
a
five
minute
break
in
the
hearing
around
3
or
3
30,
if
that's
needed.
A
So
that's
our
Preamble
here
now,
I'm
going
to
come
back
to
the
consent
agenda
and
I'm
going
to
review
that
have
staff
help
me
with
that.
As
I
said
on
the
consent
agenda,
which
are
items
one
through
five
City
staff
have
recommended
approval
of
these
requested
conditional
uses.
Let's
see
four
conditional
uses
and
a
zoning
exception
I'm
going
to
read
through
these.
If
these
are
approved,
the
applicant
will
still
need
to
comply
with
the
city's
conditions
that
go
with
those
approvals.
A
But
if
there's
anybody
in
this
audience
that
would
like
the
board
to
directly
review
one
of
these
items,
then
we'll
take
it
off
the
consent
agenda
and
we'll
have
a
full
discussion.
So
I'm
gonna
list
these
real
quick
item.
One
is
a
conditional
use
request
related
to
the
Des
Moines
Metro
Wastewater
Authority
in
the
vicinity
of
the
3000
block
of
Vandalia
road.
So
anybody
here
in
the
audience
that
would
be
opposed
to
the
board,
granting
that
conditional
use
if
so
just
raise
your
hand
seeing
none
item.
A
Two
is
a
conditional
use
request,
also
by
Des
Moines
Metro
WRA,
also
in
the
3000
block
of
Vandalia
Road.
Anybody
here
that
would
be
in
opposition
to
the
board.
Granting
that
request
just
raise
your
hand.
Okay,
none
item,
three,
a
conditional
use
request
at
204
and
206
3rd
Street
related
to
what
looks
like
a
sidewalk
cafe
and
a
related
bar
use.
That's
item
three
204
and
206
3rd
Street.
A
Is
there
anybody
here
in
opposition
to
us
granting
that
okay,
seeing
none
item
four
conditional
use
request
at
5900,
Southeast,
14th,
Street
related
to
limited
retail
sales
of
wine
beer
and
tobacco
products?
Anybody
here
in
opposition
to
item
four?
If
so,
just
raise
your
hand,
okay,
see
none
item.
Five
is
a
type
2
zoning
exception
related
to
the
Des
Moines
Airport
2700
block
of
McKinley
anybody
here
in
the
opposition.
This
is
related
to
what
appears
to
be
some
signage.
Anybody
in
opposition
does
granting
that
requested
exception.
A
Okay,
seeing
none
that's
items,
one
through
five
board
members.
Is
there
anybody
on
the
board
that
would
like
to
have
any
one
of
these
items
removed
from
consent
and
considered
for
full
discussion
if
so
state?
So
if
not,
would
there
be
a
motion
to
Grant
approval
of
the
consent
agenda,
all
right
motion
and
Grant
approval
by
Marla?
Second,
by
Rhonda,
all
those
in
favor
of
granting
the
requested
appeals
for
items
one
through
five
Raise,
your
right
hand,
say
aye.
All
right
motion
carries
five
zero.
A
A
Thank
you
item
number.
Six
is
a
conditional
use
request
at
51,
Hubble
Avenue,
so
for
this
for
the
regular
portion
of
the
hearing,
what
we
do
is
we
have
City
Staff,
first,
give
a
brief
overview
of
the
requested
appeal
in
this
case.
It's
a
conditional
use
request,
so
I
think
we'll
start
off
with
Frank.
B
Good
afternoon
chair
members
of
the
board,
Frank
Dunn
young
City,
Planning
staff,
the
proposal
in
front
of
us
is
located
at
5100
Hubble
Avenue,
The
Proposal
is
use
of
the
Pres
promise
for
a
recreational
use
that
would
include
on-premise
consumption
of
alcoholic
liquor,
wine
or
beer.
The
use
would
include
a
9775
square
foot,
building
with
a
27
469
square
foot
patio
for
a
total
serving
area
of
approximately
37
244
square
feet.
The
use
the
appeal
is
for
a
conditional
use
for
another
use,
selling
alcoholic
liquor,
wine
and
or
beer
for
on-premise
consumption.
B
B
B
B
B
B
B
And
here
is
a
consent
map
of
the
notices
that
went
out
in
terms
of
responses
from
applicants
within
250
feet.
I
will
would
like
to
note
that
the
applicant
directly
to
the
West
closest
to
the
property
line
due
to
an
error
in
the
data
that
we
receive
from
Polk
County
was
not
on
the
mailing
list,
so
they
did
not
receive
the
initial
notice,
but
the
applicant
was
notified
and
they
did
send
correspondence
to
the
applicant
Frank.
A
A
B
A
B
B
B
B
A
A
A
B
A
Or
it's
an
existing
building,
it's
a
motel,
it
looks
like
they
would
be
converting
the
rooms
to
a
certain
degree.
Is
that
correct,
correct,
okay
and
I
can
ask
the
applicant
some
more
of
this,
but
just
basically
looking
at
the
general
layout
here
it
looks
like
we've
got
some.
You
know,
multi-use
restrooms
and
some
these
individual
Cabanas
I
can't
quite
tell
what
the
symbols
here,
but
the
idea
is
this:
isn't
for
an
overnight
stay?
Is
it
no?
No,
so
there's
no
beds
in
the
room
per
se.
A
A
E
Afternoon
my
name
is
Ryan
Smithson
I
am
the
owner
and
developer
of
the
property
at
5100
Hubble
Avenue
in
Des,
Moines
I'm
gonna
go
off
my
script.
A
little
bit.
I
noticed
on
some
of
the
concerns
with
the
neighborhood.
All
them
concerns
are
exactly
what's
go
that
was
been
going
there
for
20
years.
I
mean
anybody
that
lives
in
the
neighborhood
of
that
neighborhood
is
knows
the
Hubble.
The
Broadway
Motel
is
appalling.
E
It
will
be
in
my
little
speech.
I
would
give,
but
when
we
cleaned
it
out
I,
this
is
a
2.6
million
dollar
beautification
project
in
climbing
and
climbing.
So
that's
not
that's
not
completed
with
everything.
I've
risked
everything
in
my
life
to
make
it
happen.
A
house
I
have
in
Florida.
You
know
bringing
a
little
Florida
back
to
Iowa.
A
lot
of
people
in
Iowa
do
not
get
out
much.
E
You
know
I
mean
Iowa
is
great,
but
if
you're
stuck
here-
and
you
can't
get
out-
it's
not
that
great
in
December
of
January
February
March,
so
what
I'm
doing
there,
but
we
found
when
I
was
going
to
keep
the
place
open
because
obviously
the
guy
made
great
money,
the
guy
that
ran
it
before,
but
it
was
a
dump.
Nothing
was
fixed,
nothing
was
maintained.
E
He
didn't
care
because
he
had
borderline
homeless
people
there
that
you
know
he
was
so
busy
when
I
took
it
over
I
was
going
to
take
half
of
it
and
remodel
half
and
take
the
other
half
and
keep
money
coming
in
after
two
weeks,
I
would
tell
my
dad
coming
home.
I'm
like
this
is
amazing.
I
was
like
this
guy
was
making
a
kill
and
I
don't
even
know.
E
If
why
even
develop
it,
I
mean
he
was
making
great
money
and
then,
after
two
weeks,
I
found
out
real
quick,
it's
not
the
money
them
getting
in
on
the
weekly
rentals.
It
was
all
weekly
rental.
Every
person
you
have
to
enter
in
a
thing
where
they
rented
from
you
and
get
their
information
I
would
Google
them
immediately.
Most
of
them
were
sex
offenders.
E
When
we
remodeled
on
the
tops,
we
found
needles,
old,
porn
magazines.
Absolutely
disgusting
we'd
have
sheriffs,
come
three
times
to
bring
people
out
of
the
rooms
because
they
would
not
leave.
It
was
dangerous.
So,
frankly,
it
was
in
my
neighborhood.
I
would
want
something.
During
the
day
that
looks
like
Florida
in
the
Gulf
of
Mexico.
Next
to
my
house
versus
people
that
are
a
muffin
fighting
me
and
their
cars
barely
run
and
pulling
in
and
out
at
all
times
of
the
night.
E
Also
the
property
grabbed
my
attention
from
the
long-standing
jokes
of
the
horrific
clientele
that
was
in
it
besides,
just
driving
by
it
daily
seeing
its
potential
yet
cringing
as
I
knew
was
the
entry
to
the
city
of
Des,
Moines
I
started
Water
volleyball
teams
at
my
house
down
the
street
a
few
years
ago.
I
have
a
pretty
amazing
pool
at
home
and
it
started
growing,
so
big
so
fast
with
so
many
people
wanting
to
have
a
team.
My
house
basically
started
turning
into
a
job
instead
of
a
place
of
Zen
and
comfort.
E
I
do
live
in
the
country,
but
as
someone
who's,
almost
50
I
realize
the
joys
of
Water
volleyball,
keeping
you
active
yet
not
every
bone
in
your
body
hurting
like
you've,
been
in
a
car
wreck
the
next
day.
So
I
approached
the
owners
of
the
motel
and
said
you
know:
let's
make
a
deal.
I
I've
seen
the
potential
in
it.
What
a
great
place
I
knew
this
could
be
and
knew.
This
was
definitely
the
place
for
it,
killing
two
birds
with
one
stone
and
getting
rid
of
such
an
eyesore.
E
What
keeping
the
entire
cool
vintage
of
the
Broadway
Motel
at
one
time
like
the
old
Randolph
downtown,
which
is
also
across
the
street
from
a
business
lab
in
it
today
it
was.
It
was
the
place
to
stay,
and
my
attorney
thought
it
was
so
funny
in
my
when
I
bought
it
I
made
him
put
in
this
oil
painting
that
I
wouldn't
let
go.
There's
an
oil
painting
in
there
from
like
1965,
where
it
was
just
beautiful
and
a
pool
used
to
be
in
it
as
well.
E
The
pool
is
still
there,
it's
just
filled
in
with
dirt,
so
there
was
a
pool
there.
While
my
dream
is
not
to
own
a
motel
I
would
be
keeping
two
rooms
for
overnight
motel,
but
it
will
be
a
far
cry
from
the
former
rooms.
I
thought
I
would
run
the
motel,
as
is
for
a
year
while
remodeling,
to
keep
money
rolling
in,
as
this
is
a
2.6
million
dollar
renovation
project
in
growing.
E
E
These
two
rooms,
I,
have
now
are
three
hundred
dollars
a
night,
not
70
a
night
and
no
weekly
rental.
Each
room
is
a
double
room,
with
two
bathrooms
Suite,
with
a
private
fenced-in
patio
and
back
and
beach
themed
rooms
to
give
the
experience
of
being
at
a
resort
in
Florida
the
rest
of
the
rooms.
The
plan
is
double
room
suites,
so
there's
not
that
many
rooms
there
anymore.
E
Where
you
used
to
have
36,
you
could
cut
it
right
in
half
because
it's
going
to
be
two
rooms
per
one
room
now
the
rest
of
the
rooms.
The
plan
is
double
room
suites
with
high-end
wicker
furniture.
If
you
notice,
you
know,
if
you
go
to
Homemakers
and
everything
high-end
outdoor
furniture
is
four
thousand
dollars
a
set.
E
When
we
close
at
dark,
these
rooms
will
all
be
emptied
as
they
are
in
a
liquor,
license
area,
fenced-in
area,
cleaned
and
ready
for
the
next
guest
the
next
day.
This
is
not
a
bar.
You
can
swing
by
and
have
a
drink.
As
you
will
need
to
pay
to
get
into
the
resort
to
even
buy
a
dirk,
the
fee
is
fifty
dollars
with
twenty
five
dollars,
credited
back
and
food
drinks
or
Cabana
rentals.
E
You
can
wait
around
and
catch
some
sun
or
lounge
in
the
deck
with
over
a
hundred
high-end
wicker
cushion
loungers,
the
pool
is
all
four
foot
Sports
pool
would
know
deep
in
and
zero
diving
boards,
the
vibe
is
Key
West
chill
and
although
my
target
market
is
28
to
58,
always
welcome
over
21.,
it
is
not
spring
break
2019,
as
even
my
nephew
now
is
over
30
years
old
I
just
would
not
enjoy
hanging.
There
love
your
job,
you
don't
work
a
day
in
your
life.
E
No
miners
will
be
allowed
at
the
site,
and
this
one
is
for
the
adults.
We
don't
want
to
pay
for
water
slides.
We
don't
want
to
pay
for
roller
coasters
to
use
a
pool
for
a
day
for
a
birthday
or
a
reception
or
Etc
when
I
was
at
Adventureland.
Last
I
was
totally
turned
off
by
the
kids
jumping
off
the
bar
and
even
being
able
to
mingle
adults
during
getting
in
the
pool.
E
So,
like
I
said
this
place
is
open.
Seasonal
95
during
the
day
closed
by
dark
and
the
sound
of
crickets
and
corn
growing
behind
the
field,
afterwards
open
Memorial,
Day
to
Labor,
Day
and
after
pool
season.
Yet
still
nice
want
to
reserve
the
right
to
have
an
Oktoberfest,
maybe
a
cheese,
fest
or
an
occasional
wedding
to
pay
for
our
long
Winters,
even
when
the
pool
is
closed
and
empty
I'm.
E
Also
it'd
be
nice
to
get
a
little
piece
of
the
pie
from
Adventureland
for
the
city
of
Des
Moines,
wink
wink.
At
this
time,
I'd
like
to
open
up
for
any
questions
and
as
the
owner
of
a
business.
I
hang
with
my
businesses.
I
do
not
count
my
money
from
another
city
and
not
care
about
the
quality
of
my
patrons
or
the
character
of
my
business
and
I
care
enough
to
come
to
these
meetings
myself
personally
and
not
send
a
representative
not
send
an
attorney.
E
You
know
and
live
in
another
city
just
to
have
a
business
in
Des,
Moines
you're,
trying
to
make
money
on
and
don't
care
about
so
32
years
running.
Never
had
a
speeding
ticket
in
my
life
never
been
convicted
of
anything.
In
my
life
worked
into
bar
business.
My
whole
life
never
had
an
OWI.
My
family
used
to
make
fun
of
me
when
I
did
cabs
before
Uber
seemed
famous,
because
I
was
like
I
am
not
risking
two
drinks,
I,
don't
believe
in
drinking
and
driving
I
hope.
E
My
friends
get
I
tell
them
they
would
I
hope
they
get
a
notific
I'm,
not
opposed
to
it.
My
record
speaks
for
itself
32
years
I'm,
not
going
nowhere.
I'm
staying
in
the
city
of
Des
Moines
I've
recently
got
a
spark
for
politics,
myself,
I
plan
on
running
for
city
council
myself.
Soon
there
are
some
changes.
I
want
to
make
in
Des
Moines,
and
we
have
to
have
something
for
adults.
I
mean
what
would
that
come
to
I.
E
No
no
I'm,
just
like
I,
said:
I,
don't
come
here
with
attorneys
or
Engineers
again
and
I'm
open
to
questions
anything
you
have
and
we
did
host
a
zuba
meeting.
We
had
one
person
show
up
Marilyn,
which
is
present
today.
I
sat
on
the
couch
and
talked
with
her
offered
to
my
number.
If
she
has
any
questions
in
the
future,
Linda
did
show.
A
Ryan
I
might
just
I
got
a
couple
of
just
basic
ones.
Kind
of
trying
to
you
know,
describe
the
wicker
furniture
and
all
this
and
that,
but,
generally
speaking,
the
majority
of
these
rooms,
you're
showing
you
know,
you
mentioned
wicker
furniture
and
a
TV.
These
are
like
changing
rooms
or
sitting
rooms,
they're.
E
Okay
yeah,
so,
basically,
when
you
rent
you
go
to
Venture
Land,
you
would
rent
a
cabana,
they
put
up
tents
and
they
have
covers
around
stuff.
They
put
little
wicker
furniture
in
their
TVs.
Little
wet
bar
all
ours
is,
is
now
equipped
with
a
roof
and
air
conditioner.
Okay.
So,
basically
all
those
are
is
Cabanas,
there's
no
beds
in
the
rooms.
There
was
nothing
like
that.
E
It's
no
different
than
running
a
little
square
party
room
where
the
doors
open
and
if
your
family
came,
if
you're
23
and
your
parents
are
48
sure,
do
you
want
to
come.
You
know
they
can
take
a
rest
in
there,
it's
a
little
room
for
you,
so
they
will
have
their
personal
changing
rooms
in
there
for
the
people
that
rent
the
eight
Cabanas
the
rest
of
it,
we
have
a
full
washroom
to
shower.
We
have
full
men's
and
women's
showers.
E
Two
and
they
are
located
outside
of
the
liquor
license
area.
If
you
notice
it's
all
fenced
in
that's
the
two
on
the
east
and
the
two
rooms
do
have
a
living
room
in
it
and
a
bedroom
separate
it
rated
in
it.
The
reason
why
I
put
the
little
patios
in
the
back,
which
I've
already
applied
for
a
permit
because
I'm
running
as
a
motel
currently
anyway,
but
if
you've
seen
these
rooms
they're
Scots
down
inside.
You
wouldn't
think
that
room
was
in
there
by
looking
at
the
Broadway
Hotel.
E
A
E
Just
concrete
patios
with
wood
fence
in
there,
okay
and
I
know
they
had
a
problem
which
We're
not
gonna,
have
this
problem
but
the
rear
end.
It
was
worse
than
the
Randolph
downtown.
Okay,
I
mean
I've
I've,
never
seen
anything
like
this
in
the
city.
I
was
shocked
when
I
bought
it
that's.
Why
I
only
ran
it
for
two
weeks
that
way
and
I
could
not
do
it,
but
that's
where
they
want
to
step
out
and
have
a
cigarette
as
all
rooms
would
be
non-smoking.
E
They're
very
nice
rooms,
they're,
not
hanging
out
front
hanging
out
for
the
traffic
scene,
walking
by
I
noticed
when
I
lived
there
all
times
the
night.
The
furniture
was
so
horrific
at
the
Broadway
Motel
I
didn't
even
sell
it
on
Marketplace
I,
put
it
out
front
for
free,
they
took
it.
I
would
not,
but.
D
E
Lighting's,
all
in
and
with
the
state,
codes
and
city
codes
exceed
all
the
codes
for
lighting,
the
lighting
and
the
pool
itself.
We
did
not
go
with
the
lighting
system
of
the
pool
because
we
are
not
doing
nights.
There's
no
Night
Swimming
there
I
couldn't
even
imagine
to
tell
you
the
truth
running.
There's
no
night
party,
you
know
it's
all.
During
the
day,
it's
no
different
than
South
Town
opening
or
the
ball
games.
E
Opening
at
night,
like
I'm
talking
it's
10
o'clock
in
the
summer
when
it
gets
dark
at
nine
o'clock,
we're
closed
we're
out
of
there
by
10.
Half
of
my
workers
will
go
work,
a
double
shift
at
my
other
place,
but
it
is
that
during
the
day,
99
business
that
closes
by
nine
o'clock
at
night.
So
and
as
you
look
from
the
pictures,
I
mean
look.
What
the
Broadway
Motel
was
and
look
at
that
picture.
It's
A
Hard
Sell
not
to
want
that
for
entering
to
Des
Moines
Iowa.
A
E
The
sound
I
I
do
know
sound
and
I
know
sound
issues
with
nightclubs,
as
I
was
saying
you
guys
did
give
me
a
conditional
use
permit
for
my
second
floor
of
my
bar
over
five
years
ago.
There's
been
zero
sound
violations
from
it.
Let's
talk
about
this
place,
this
I
know
I
do
know
for
sounds
like
from
my
reputation
of
that.
This
is
not
going
to
have
Subs
where
a
nightclub
has
more
the
subs
and
the
bass
is
what
you
hear.
E
This
will
have
little
speakers
about
the
size
of
this
they're
little
bows
very
clear,
sound
and
they
will
be
on
poles
throughout
the
place,
so
you
don't
have
to
if
you
only
have
big
speakers
like
the
size
of
that
and
want
to
get
out
here,
you
have
to
blast
it
to
make
it
over
here.
If
you
have
little
tiny
ones
throughout,
you
don't
have
to
blast
it.
So
the
sound's,
very
minimal
and,
like
I,
said
it's
only
during
the
day.
There's
no
live
concerts
and
big
events.
Okay,.
A
I
got
you
so
and
at
one
time,
I
think
up
on
Douglas
by
the
old
Plaza
Lanes.
There
was
an
outdoor
volleyball
place
and
they
had
some
trees
and
some
lights.
Things
like
I
mean
I'm,
not
saying
you're,
just
like
that
or
it's
the
same
setting
but
yeah.
That's
kind
of
something
that
I
remember
driving
by
and
seeing.
E
Bringing
my
house
so
I
can
hang
out
in
Iowa
and
it's
my
step
out
of
the
bar
I'm
50
years
old,
now
I
plan
on
running
this
every
summer.
I've
always
with
my
business.
We
don't
leave
our
business,
my
family
don't
leave
her,
that's
all
we
do,
but
and
then
the
winter
when
it
closes
I'm
skating
to
Florida
one
of.
E
E
Does
it
one
time
October,
Fest
and
I
got
the
rights
to
Cheese
Fest
and
been
working
on
one
of
them,
hard
I
was
going
to
put
on
Court
Avenue,
but
I
think
I'm
going
to
put
out
here
and
do
a
cheese
fest
as
well
that
really
those
two
I'm
not
saying
I
plan
on
being
a
wedding
venue.
But
if
somebody
wants
to
book
a
wedding
and
give
me
five,
grand
I
want
to
be
able
to
do
a
wedding,
it
might
be
one
or
two:
is
it
a
wedding
hall?
E
A
You
can't
stay
all
night,
so
Ryan's
staff
is
recommending
approval,
subject
to
a
number
of
conditions,
I
think
there's
12
of
them.
You've
reviewed
those
you're
okay
with
hours
and
again,
as
you
alluded
to
this,
with
your
experience
and
knowing
some
of
the
city
codes
on
things,
you
understand
what
a
conditional
use
means.
I
do
so
in
case
the
audience
isn't
aware
with
a
conditional
use,
even
if
this
is
approved.
A
If
there
are
problems
with
it,
and
the
zoning
enforcement
officer
comes
back
to
this
board
and
says
hey,
they
haven't
been
complying
with
these
conditions
yep.
We
would
like
the
board
to
reconsider
this
to
either
change
how
they
operate,
to
issue
a
different
conditional
use
or
to
just
revoke
the
conditional
use.
So
you're
kind
of
aware
that
you
know
if
this
is
approved,
this
isn't
just
like
away.
You
go
right.
E
A
Okay,
all
right
anything
else
for
Ryan
all
right.
You
guys
check
back
with
you
in
a
few
minutes,
all
right,
okay,
so
the
next
part
of
the
hearing
is
anybody
that
wishes
to
speak
in
support
of
the
applicant.
Anybody
that
wishes
to
speak
in
support
of
this
conditional
use
request
just
step
up.
You'd
have
up
to
five
minutes
to
present
your
comments
going
once
going
twice.
Okay,
so
is
there
anybody
here
that
wishes
to
speak
in
opposition
to
granting
the
conditional
use
request?
A
I
see
a
few
hands
I
will
let
you
guys
kind
of
decide
democratically
or
courtesy
wise,
who
goes
first,
but
what
I
will
say
before
anybody
begins.
You've
got
up
to
five
minutes
each.
You
have
to
give
your
name
and
address
and
I
would
say
you
know,
keep
your
comments,
certainly
germane
to
the
issue
at
hand.
What
our
decision
is
about,
and
also
if
somebody
has
already
said
some
similar
things
to
you-
you're
welcome
to
say:
hey
I,
like
what
Susie
or
Tom
said,
so
we're
we're
interested
in
your
unique
comments
here.
F
F
So
first
I'd
like
to
point
out,
there's
been
lots
of
good
discussion
already,
but
I'd
like
to
talk
out
talk
about
some
discrepancies
in
what
was
provided
to
the
neighbors
before
their
neighborhood
meeting
and
some
of
the
communications
that
have
been
involved,
at
least
as
Frank
mentioned.
At
least
one
of
the
owners
was
not
notified.
Adjoining
property
owners
to
the
West
was
not
notified
of
the
neighborhood
meeting
in
advance
of
the
meeting
and,
in
fact,
wasn't
sent
any
Communications
until
the
day
after
the
me
the
meeting
was
held.
F
In
addition,
the
information
provided
by
applicants
Council
to
neighbors
prior
to
the
neighborhood
meeting
state
of
the
facility
would
have
one
off-season
special
event
per
year.
The
staff
report
indicates
the
facility
may
have
a
special
event
per
month
so
that
conflicts
with
what
the
neighbors
were
told
before
the
neighborhood
meeting
and
at
that
meeting,
Communications
from
applicants
Council
to
the
city
also
State,
the
facility
will
be
open
10
to
10
a.m,
to
9
p.m,
with
no
mention
of
later
hours
for
special
events.
F
So
we
might
want
to
make
sure
that
that's
the
case
and
the
letter
from
applicants
Council
to
one
of
the
property
owners
state
state
of
the
facility
would
only
be
open
five
days
a
week
when
the
application
States
the
applicant
will
be
open
for
daily
use.
The
written
Communications
to
the
neighbors
do
not
indicate
anywhere
in
them
at
the
sales
of
alcohol
prompted
the
cup
application,
and
this
should
have
been
included
in
the
and
the
communications.
F
In
addition,
no
mention
the
application
of
the
staff
report
of
the
overnight
Motel
Suites
that
will
be
included
as
part
of
the
development
and
that
fact
was
not
disclosed
in
some
of
the
neighbor
letters
in
advance
and
then
meeting
as
well
overnight.
Guests
would
mean
the
facility
would
have
guests
outside
that
10
10
a.m,
to
9
pm
hours
stated
in
the
staff
report
in
an
applicant's
neighborhood
meeting
materials.
F
Second,
the
city
code
requires
all
record
title
holders
and
contract
virus
to
consent
to
the
application.
When
we
pulled
the
application
from
online,
there
were
no
signatures
on
it
and
I'm,
assuming
that's
because
the
online
form
but
Ryan
Resorts
LLC
is
the
only
applicant,
and
we
want
to
make
sure
that
the
title
holder,
the
Patel's,
is
actually
consented
to
the
cup
application.
Brian
Resorts
is
buying
this
property
on
contract
and
the
patels
of
the
record
title
holders.
We
want
to
make
sure
that
they
have
an
indeed
consented
to
this
application.
F
The
plans
for
the
property,
in
addition
to
those
overnight
Motel
Suites,
include
daytime
and
daytime
and
evening
use
Cabanas
with
doors
bathrooms
Furniture
Etc,
that
enjoying
some
neighboring
properties.
This
will
be
disruptive
to
the
properties
that
are
near
or
adjacent
to
the
facility,
and
this
does
not
Safeguard
the
health,
safety
and
general
welfare
of
the
neighbors.
F
F
There's
a
concern
as
well
about
the
applicant
plans
to
have
the
16
to
18
metal
palm
trees
on
the
property
that
will
have
lights.
We
consider
this
will
be
an
eyesore
on
the
property
and
we'll
be
distracting
for
the
properties
nearer
to
the
adjacent
to
the
property.
There
are
many
Residential
Properties
here.
F
F
F
A
C
G
H
The
use
is
if
the
conditional
use
is
approved
and
the
use
moves
forward,
they
would
be
required
to
submit
a
site
plan
for
review
and
approval
by
the
city's
development
services
department
and
that
site
plan
would
have
to
meet
any
Landscaping
requirements.
Any
storm
water
management
requirements
any
Paving,
any
lighting
things
like
that.
So.
G
A
I
One
of
the
most
detrimental
impacts
concerning
the
conclusions
on
page
six
of
the
staff
report
that
have
now
been
addressed
to
some
extent
is
that
he
proved
that
the
proposed
use
will
not
unduly
increase
public
danger
of
flooding.
The
city
is
aware
of
the
water
issues.
City
Engineers
have
been
on
our
property,
and
yet
flooding
issues
remain
unresolved.
I
Due
to
development,
we
have
personally
incurred
significant
costs
with
flooding,
property
damage
and
tree
loss
requiring
waterproofing,
sump
pumps
and
Landscaping.
What
are
my
husband
and
I
to
expect
when
the
site
plans
for
the
Broadway
beach
house
do
not
even
show
the
entire
parking
lot?
How
much
more
concrete
will
be
added
to
this
site
photo
number
one
shows
the
back
of
our
yard.
After
a
heavy
rain,
this
area
is
often
too
wet
to
mow
and
behind
the
area
a
portion
of
our
field
can
no
longer
be
planted
because
our
crop
is
drowned
out.
I
I
We
have
a
neighborhood
have
been
provided
conflicting
information,
so
I
will
share
the
facts
from
our
own
due
diligence
regarding
the
business
and
the
operational
dates
and
hours
to
further
explain
its
detrimental
impact
listing
now.
Just
three
example
of
misleading
information
from
the
applicant
first,
a
letter
inviting
us
to
a
neighborhood
meeting
to
discuss
a
conditional
use
permit.
This
has
been
addressed,
but
it
needs
to
be
reinforced.
Alcohol
is
not
even
mentioned.
I
Second,
a
letter
indicating
the
site
will
operate
five
days
per
week.
You
have
been
told
seven
days
per
week.
Third,
the
neighborhood
meeting
indicating
that
there
will
be
two
overnight
Motel
suites
available,
including
the
one
I
and
Linda
westergard
sat
in
for
that
meeting.
You
have
been
told
that
this
was
a
conversion
to
a
daytime
and
evening
Pool
Center,
Mr
smithman
did
address
the
two
Motel
Suites
today.
We
as
taxpayers
should
be
assured
of
clarity
from
the
city
in
response
to
our
information
request
and
their
due
diligence
to
form
their
recommendation.
I
I
I
I
Material
omissions
are
evident
in
the
application
to
you,
and
the
standards
and
review
criteria
have
not
been
met
after
any
rebuttal
this
afternoon
or
in
any
further
proceeding.
Please
remember
that
your
vote
is
predicated
on
the
parties
acting
in
good
faith
and
that
the
outcome
is
the
neighborhoods
to
live
with.
I
I
J
J
I
was
the
property
owner
by
the
way
that
did
not
receive
the
required
notice
of
the
neighborhood
meeting
or
of
this
public
hearing
until
we
asked
for
that
notice
as
to
the
requirements
that
must
be
met
in
order
to
Grant
this.
This
request
I
want
to
address
the
following
criteria,
which
you
must
consider
General
Welfare
of
the
neighborhood
nuisance,
Factor
noise,
Factor,
an
impact
on
property
values.
I
know
that
your
staff
has
already
recommended
approval
of
the
request.
J
J
J
J
J
J
J
The
Criterion,
you
must
consider,
is
not
met.
Finally,
property
value.
My
house
is
not
for
sale,
but
it
will
be
at
some
point
in
time.
I
really
don't
want
to
Envision
a
scenario
where
I'm
showing
a
prospective
buyer.
My
house,
which
happens
to
face
East
directly
toward
the
proposed
business,
and
so
your
view
from
the
living
room
is
a
fake
palm
tree.
J
A
K
K
I
am
here
to
talk
in
opposition
to
the
request
to
rezone
the
location,
to
allow
for
the
sale
of
alcohol
for
consumption
on
property.
I
think
that
the
Board
needs
to
take
into
account
the
whole
of
the
area
in
question
from
East
29th
stretching
East
to
the
intersection
of
Hubble
and
Broadway.
99
of
the
properties
are
homes
in
a
residential
area,
their
acreages
they're
quiet
and
we
do
have
a
rural
feel.
My
husband
and
I
built
our
house
in
2008
and
have
lived
there
for
15
years.
While
the
motel
was
somewhat
of
an
eyesore.
K
Also,
there
is
a
partnership
between
Polk
County
and
the
City
of
Des
Moines
to
change
Broadway
to
a
three-lane
road
that
will
include
lowering
the
street
as
well
as
adding
a
sidewalk
all
the
way
along
the
north
side
of
the
property.
We
were
told
when
this
was
happening
at
this.
The
the
meeting,
the
neighborhood
meeting
about
the
change
in
the
road
part
of
the
reason
that
the
sidewalk
will
go
in
is
to
increase
access
to
the
wonderful
bike
trail
system
and
the
discussion
to
decrease
the
speed
limit
to
accommodate
more
pedestrian
traffic.
K
K
A
L
L
Spent
almost
three
million
dollars,
we
looked
at
moving
outside
of
the
Des
Moines
area,
just
basically
for
cost.
We
could
have
sold
our
property
and
moved
out
and
saved
us
a
ton
of
money.
We
stayed
because
of
the
location
and
it
great
access
everything
it
it
was.
It
was
the
right
choice
and
I
still
I
still
say
that
when
we
designed
our
building,
I
put
our
boardroom
and
my
office
clear
on
the
west
side
of
our
building,
which
is
closest
to
this.
L
The
other
concern
I
have
is,
of
course,
the
flooding.
When
we
built
our
new
building,
we
owned
two
lots
there.
It
is
now
one
lot
we
had
them
combined
our
old
building.
One
of
the
reasons
we
had
to
move
is
because
of
the
drainage
ditch
on
the
north
side
of
our
property
was
undercutting
our
building
and
our
septic
system
on
that
property.
L
I
had
City
Engineers
out
to
look
at
why
we
were
having
such
a
water
problem
out
there,
the
come
and
go
on
the
other
side
of
Hubble
and
the
Thermo
King
on
the
other
side
of
Hubble
All
Drain
onto
my
property
and
I,
believe
it's
the
Walt
Watts
Vault
Company
next
door,
and
we
take
all
that
storm
runoff
on
our
property.
It
comes
under
Hubble
under
the
frontage
road
onto
our
property.
L
L
So
because
of
the
the
in
in
the
music
believe
me
I
get
it
I
mean
I'm,
not
the
the
medium
noise
of
the
music
that
that
they're
planning
on
playing
is
one
thing.
The
people
having
the
volleyball
tournaments
screaming
yelling
hollering
is
all
going
to
affect
the
way
I
do
business
in
the
building
that
I
just
built,
and
that's
why
I
guess
I'm
in
opposition
or
we
are
in
opposition
of
this
project.
L
A
L
We've
been,
we
went
through
a
lot
well
and
that's
I
guess
that's
my
other
concern.
Somebody
said
site
plans.
Yeah
I
was
forced
to
put
in
parking
lots
a
forty
thousand
dollar
sidewalk
to
nowhere
I'm
the
only
business
in
the
in
the
whole
area
that
has
a
sidewalk.
It
goes
nowhere
other
than
on
my
property
there.
So
that
was
the
other
thing
that
caught
my
ear
when,
when
the
site
plan
was
brought
up,
so
thank.
A
A
That's
okay,
we're
all
about
inclusion
here.
So,
okay,
so
I'm
just
going
to
lead
off
here
Bert.
Can
you
put
the
zoning
map
up
there,
the
best
one
available
that
the
city
has
okay?
So
let's
we
we
change
the
zoning
ordinance
here
about
four
years
ago
and
to
certain
people.
It's
still
confusing.
Mx3
to
me
is
a
missile
or
a
Mazda,
but
MX3
means
a
mixed-use
district
for
certain
business
uses.
H
A
Trying
to
think
what
else
here
and
I
think
you
reference
assembly
and
entertainment
uses
small
large
event
centers,
so
so
somebody
could
put
in
a
hockey
rink
here.
If
they
wanted
to
the
issue
we've
got
is
since
they're
proposing
to
sell
alcohol.
Then
the
idea
is
within
the
ordinance,
while
the
general
use
would
be
allowed
with
the
alcohol
we've
got
to
look
at
some
other
conditions
or
potential
effects,
evaluate
those
and
determine
if
that
would
be
reasonable
or
commensurate
correct.
A
H
A
H
H
A
H
A
H
H
E
A
D
H
D
A
But
in
looking
at
you
know
the
request
here
for
conditional
use
and
what
the
applicants
propose
and
they've
proposed
that
they
are
only
going
to
have
like
you
know,
basically,
two
rooms
for
overnight
lodging
if
the
board
wanted
to
have
a
condition
that
no
more
than
two
rooms
for
overnight
lodging
would
would
be
allowed
or
no
beds
and
the
other
rooms
would
be
allowed.
Since
we
discussed
that
the
applicant
appears.
Okay
with
that,
although
we
wouldn't
normally
be
like
doing
room
Arrangements
in
motels.
Could
we
do
that
in
this
case,
yeah.
H
You
could,
if
you
feel
that's
needed
to
make
sure
that
the
alcohol
sales
don't
become
problematic
for
the
surrounding
properties
yeah.
If
one
of
the
first
conditions
that
staff
recommended
was
that
any
alcohol
sales
can
only
be
related
to
the
recreation
private
use.
So
right,
if,
let's
say
those
two
hotel
rooms
are
operating,
they
wouldn't
be
allowed
to
sell
alcohol.
A
And
in
reading
your
staff
rack
very
closely
here,
the
proposed
hours
under
item
two:
it's
used
with
sales
of
alcoholic
liquor.
So,
from
the
perspective
the
way
I
understand
this.
The
facility
would
only
operate
between
the
hours
of
10
a.m
and
9
pm,
not
just
alcohol
sales,
but
all
operations.
So
yes,
they're,
probably
selling
alcohol
during
that
time,
but
they're
done
with
both
alcohol
sales
and
operations.
A
H
It
it
was
based
off
the
typical
language,
but
we
did
modify
it
a
little
bit
to
just
allow
them
to
have
up
to
one
a
month
in
his
application.
He
didn't
give
a
number
of
how
many
they
would
have
a
month.
We
just
thought
having
one
no
more
than
one
a
month
would
be
reasonable
right,
I
know,
like
you
mentioned,
they
might
have
weddings.
There
might
have
the
Oktoberfest
things
like
that.
So,
and.
C
H
M
H
If
I
don't
know
the
engineering
Department's
long-range
plan
for
Broadway,
but
if
they
would
construct
it
as
a
three
three
lane
road
like
with
the
center
turn
lane
right,
they
probably
would
add
storm
sewers
and
curb
and
gutter
to
it.
So
that
should
help
with
the
flooding
it
would
at
least
direct
the
flooding
to
some
sort
of
storm
water
or
storm
sewer.
Okay,.
M
A
H
Certainly
like
to
see
holding
the
neighborhood
meeting
is
a
requirement
as
a
requirement.
Okay,
the
code
does
leave
wiggle
room
for
instances
like
this,
since
the
city
can
only
you
know,
use
it
or
our
notices
can
only
be
as
good
as
the
data
we
get
from
the
county
assessor.
So
yes,
in
this
instance,
there
was
something
unique
about
the
assessor
record
for
that
property
to
the
West
that
it
didn't
pull
when
we
ran
the
mailing
list.
H
A
E
Hi
I
just
wanted
to
start
out
with
the
neighborhood
to
let
them
know
that
I'm
really
a
good
guy
and
I'm
here
to
work
with
you
all
I
have
no
problem
with
your
concerns.
I
get
your
concerns,
I'm
a
realistic
guy,
so
I'm
here
for
good
service
I
just
want
to
let
you
know
on
the
part,
as
far
as
the
sewer
I
am
in
talks
with
the
city
and
I
did
sign
a
contract
with
the
city
that
I
will
hook
into
the
sewer.
E
They
are
with
that
three-lane
expansion
running
underground
sewer
water
through
there
and
it's
a
win
for
the
city
for
to
get
the
septic
to
the
Sewer.
So
as
soon
as
they
get
that
there,
this
place
is
already
signed
and
done
deal
that
it
is
conducting
the
property
to
the
Sewer
to
relieve
that
problem
for
them
of
Prior
problems.
E
As
far
as
Green
Space
90
of
my
project
is
in
a
the
pool
is
in
a
parking
lot,
that's
concrete
already
currently,
and
if
you
notice
that
the
pictures
there's
tons
of
green
space
re-added,
so
there'll
actually
be
more
green
space
than
there
currently
is
now.
At
this
time.
I
also
feel
for
Mr
Cottle,
with
the
Union.
E
That
is
in
the
deal
too
and
I
have
to
put
the
sidewalk
in
as
well
so
I'm,
also
putting
in
a
bike
racks
for
a
bike
trail
that
will
be
coming
as
far
as
the
hotel
room
is
like
I
said,
the
hotel
room
is
a
300,
a
night
hotel
room
that
will
be
held
on
a
credit
card.
You
know,
so
it's
not
going
to
be
just
for
anybody
to
be
able
to
get.
It
will
be
highly
regulated
for
damage
problems.
Etc!
It's!
E
It's
not
my
dream
to
open
a
hotel
room
like
I
said,
but
this
is
going
to
be
a
big
deal
and
a
big
deal
for
the
city
of
Des
Moines.
And
if
you
live
an
hour
and
a
half
out
in
the
country
or
two
hours,
you
might
want
to
stay
at
a
hotel
room.
You
know
that
night,
there's
hotels
all
the
way
around
there.
You
know
so
you're
going
to
want
to
stay
at
a
hotel
and
not
be
driving
Etc.
That's
why
I
only
have
two
and
they
are
up
top-notch
hotels.
E
I
was
also
surprised
that
Kathleen
was
her
attorney
going
on
this,
because
she's
represented
me
in
many
things
down
here
for
issues
too
and
so
I
have
tons
of
emails
and
correspondence
with
her
on
doing
things
for
special
permits
for
me,
so
there
was
a
little
conflict
of
interest
there
I
felt
behind
me,
there's
also
a
cornfield.
My
patio
is
behind
it
just
so
they
can
smoke
a
cigarette
Etc.
E
You
know
to
be
out
and
not
be
out
front
for
the
traffic
and
to
look
at
people
hanging
out
with
only
two
rooms,
and
it's
during
the
day
that
property
has
it
does
have.
A
beautiful
building
is
a
considerable
amount
away
from
me
in
a
modern,
high-tech
building.
That
is
pretty
good
with
sound
Etc,
the
most
sound
you're
going
to
have
down
there,
there's
no
patrons
behind
the
building,
except
for
maybe
two
people
smoking
in
a
room.
There's
no
events
back
there.
E
It's
where
my
coolers
are:
that's
where
the
beer
trucks
will
drive
back
to
get
in
there,
there's
a
fire
lane
back
there
for
a
fire
guy.
If
he
has
to
get
back
there,
there
is
no
action,
zero
behind
the
thing
behind
the
building
and
also
each
padding
pad
that
is
fenced.
There
is
not
another
wood
fence,
the
entire
length
of
the
property
behind
that,
so
it's
private
on
top
of
private.
It's
double
guarded
for
that.
So.
E
Will
be
very,
very
got
to
have
you
wrap
it
up
here,
quick,
okay,
so
the
sewer
like
I
said
we're
taken
care
of
I'm
eating
all
the
coats
for
everything
else.
I
will
be
doing
the
sidewalks
as
well.
I
I
didn't
know
what
the
misleading
part
was.
There
was
no
intentional
misleading
I,
don't
do
the
Miller.
We
pay
the
city
when
we
apply
for
the
thing
and
Frank
did
address
that
we
didn't
miss
one,
and
my
attorney
hit
him
up
right
away
to
make
sure
he
was
invited
to
the
thing.
E
So
we
weren't
trying
to
cut
anybody
out
and
I
did
notify
him
that
both
rooms
will
be
overnight
at
the
meeting
and
I
did
bring
up
to
her.
That
I
said
I
work
every
day
that
maybe
I
would
take
one
day
and
I
could
but
Summer's
very
limited
anyway.
But
I
want
to
do
this
on
my
own,
not
because
I
have
to
I
might
take
one
day
down
a
Tuesday
or
something
like
that
or
a
Monday
too.
E
It's
just
nice
to
be
able
to
do
everything
and
fix
the
resorts,
and
you
know
regroup
on
the
pool
Etc
to
do.
But
at
my
own
option
and
I
will,
if
it's
not
slow,
you
know
I
mean
it
takes
a
big
step
to
run
I'll
close
a
day
a
week,
but
I
don't
really
want
to
have
to
it's
a
very
limited
season.
Anyway.
Okay.
A
D
N
Rhonda
I
was
just
thinking
when
you
think
about
putting
this
in
your
own
backyard.
How
would
that
affect
your
daily
life
as
well
as
I
mean
I'm
thinking?
This
would
be.
My
personal
opinion
would
be
oh
great
palm
trees.
I
could
be
in
Florida
pretend
you
know
for
summertime
here,
I
like
going
all
over
anyway,
but
having
that
said,
do
I
want
the
I'm
thinking
how
much
noise
would
that
affect
for
the
country
style
living
that
would
be
normal
I'm
in
a
city
girl.
N
So
that's
not
what
I
mean
I'm
thinking
when
you're
out
in
the
country,
it's
so
quiet
that
would
you
have
the
noise
and
I
know
noise?
That's
all
going
to
be
a
address,
but
will
it
be
enough?
How
do
you
know
until
well
a
year
from
now,
let's
say
that's
six
months
from
now:
let's,
if
there's
nothing,
that's
gone
wrong,
then
it's
obviously
addressed.
Can
we
do
something
about
I'm,
just
thinking
about
noise,
big
thing
for
The
Neighbors.
A
A
As
was
mentioned
by
marvelous,
it
tugs
at
your
heart
because
we
got
a
lot
of
people
who
have
lived
up
here
for
a
very,
very
long
time.
They're
great
people.
They
have
great
properties
just
like
just
like
every
good
citizen
in
Des
Moines
is,
but
we
have
to
make
our
decisions
based
on
the
law.
The
city
ordinance
of
Des,
Moines,
I,
can't
approve
something
I,
think
it's
a
neat
idea.
I
can't
approve
it
based
on
that
I
also
can't
say:
I,
just
don't
like
it
I,
just
don't
like
it.
A
A
You
know
this
is
at
a
the
most
major
intersection
of
the
Northeast
side
of
the
city.
This
Motel
is
here
because
Highway
6.
was
how
you
got
into
Des
Moines.
You
arrived
in
Des
Moines
in
1962
on
Highway
6..
There
is
residential
around
here,
but
it's
not
uncommon.
That
there
have
been
currently
is
and
will
be
commercial
in
this
area.
A
The
zoning
supports
that
the
mx-3
district
now
would
allow
for
the
Sands
Volleyball
Club
to
set
up
here.
It
would
allow
for
exactly
what
was
proposed.
What
we
have
to
do
is
look
at
one
narrow
Focus
to
this,
and
that
is
the
addition
of
the
alcohol
sales
from
everything.
I
can
see
here.
The
alcohol
sales
are
directly
related
to
being
using
this
as
the
the
pool
party,
if
you
will
it
I
I
I,
don't
see
where
there's
a
bar
with
a
dance
floor
and
a
nightclub
setting
seasonal
hours,
half
the
Year.
A
He'll
have
to
meet
the
site
plan
requirement
and
I
always
tell
everybody.
You
know
if
we're
inclined
to
approve
something
good
luck
with
site
plan,
because
we
don't
have
anything
to
say
about
that.
You
can't
cause
additional
flooding.
You
have
to
control
storm
water.
You
have
to
put
in
sidewalks,
you
have
to
have
green
space.
You've
got
to
meet
all
the
signage
requirements,
so
you
know
we're
here
to
look
at
is
the
use
acceptable
as
proposed
no
approvals
on
site
plan
so
and
Ryan
this
ain't,
your
first
rodeo
either.
A
So
you
know
how
site
plans
work,
there's
going
to
be
change
in
this
area
over
the
next
20
years.
It
was
part
of
Des
Moines,
comprehensive
plan.
There's
been
lots
of
change
in
this
area,
including
the
cities
around
it,
but
we're
worried
about
Des
Moines
here
even
to
the
north
staff,
said
that
there
could
be
warehousing
and
office
complexes
built
in
these
people's
backyards
by
right.
A
A
It's
like
a
kid
getting
a
new
Camaro
bought
for
him
and
he
wraps
it
around
a
pole.
First
weekend
he's
got
it
you've,
never
done
that
I
hope.
So,
I
see
the
same
thing
here.
We
have
to
focus
in
on
the
district
the
uses
allowed.
How
would
the
alcohol
impact
it
and
I
think
that
the
design
and
the
layout
with
these
conditions
would
help
alleviate
any
impact?
Alcohol
would
have
because
I
don't
want
to
have
any
undue
impact
on
anyone,
whether
they're
a
commercial
property
or
visit
residential
property.
A
A
Okay,
seeing
non-cell
motion
by
pinned
second
by
Jones,
to
approve
the
conditional
use
requested
subject
to
the
13
conditions
and,
as
conditioned
13
clear
enough
for
the
record.
Okay,
all
right
all
those
in
favor
raise
your
right
hand
say.
I.
All
right
motion
carries
five
to
zero
Ryan,
your
first
pool
party
better,
have
the
neighbors
invited?
A
A
A
B
The
use
is
is
proposed
by
proposed
at
property
owned
by
Randall
Investment
Company
by
Larry
Smithson.
He
is
proposing
use
of
the
premise
for
a
bar
use
with
on-premise
consumption
of
alcoholic
liquor,
wine
and
or
beer.
The
use
would
include
approximately
3526
square
feet
of
area
within
an
existing
building,
approximately
600
square
foot,
an
area
for
an
outdoor
patio
and
approximately
2
926
square
feet
of
area
for
an
accessory
storage
space.
The
appeal
is
for
conditional
use
for
a
bar
selling
alcoholic
liquor,
wine
and
or
beer
for
on-premise
consumption.
B
Here
is
the
zoning
map
of
the
property.
The
property
is
located
on
the
west
side
of
4th
Street,
mid
Block
in
between
Court
Avenue
and
Walnut
Street.
The
area
consists
of
a
mix
of
residential
restaurant
bar
and
parking
uses.
The
site
contains
a
three-story
building
and
a
patio
today.
The
subject
property
is
Zone.
Dx1
Downtown,
mixed
use.
B
I
did
want
to
take
some
Aerials
photos,
so
you
could
see
the
location
of
the
the
building
as
it
exists
today,
which
is
right
here
with
the
cursor,
and
the
patio
would
be
in
this
area
along
the
back.
I
do
have
an
additional
photo
to
try
to
show
where
that
patio
is
to
the
back
of
the
property
if
you're
familiar.
This
is
the
parking
garage
that
replaced
the
old
parking
garage
they're
on
Fifth
and
Court.
B
And
this
was
provided
by
the
applicant,
it
explains
the
operation
of
the
bar
is
4
pm
to
2
am
daily.
The
applicant
is
proposing
70
percent
of
sales
from
beer,
alcoholic
beverages
with
gaming
for
the
constituting
the
additional
30
percent
of
sales.
The
site
would
not
have
food
sales
as
part
of
its
operations.
B
B
And
so
this
property
used
to
be
the
location
of
Vaudeville
news
which
has
closed
and
they
had
a
conditional
use
of
which
it
operated
in
the
space.
Now
that
use
has
the
conditional
use.
There
has
lapsed,
as
the
business
was
no
longer
in
operation
for
a
period
longer
than
six
months,
so
the
applicant
for
a
new
operation
of
the
premises
and
for
conditional
use.
C
O
O
So
that
does
come
up
on
an
occasion
where,
if
sound
level
is
measured
outside
at
the
property
line,
are
you
know
in
excessive
reasonable
levels?
There's
there's
some
other
criteria.
This
usually
only
comes
up
like
when
doors
get
opened
or
Windows
get
opened
on
a
bar,
for
example.
So
that
would
be
so.
It's.
O
O
C
O
B
O
B
B
A
And
the
orientation
of
this
again
here,
I'm
just
trying
to
get
this
Square,
the
bottom,
where
it
says
entry,
20,
foot
wide
or
whatever
is
that
Fourth
Street.
That
is
correct,
yes,
okay,
so
the
patio
itself
sits
back
into
the
alleyway.
Well
looks
like
you're
107
feet,
deep,
okay,
all
right!
Anybody
else,
okay,
seeing
none
all
right!
Thank
you
very
much
for
your
presentation,
Frank,
so
applicant
or
representative
of
the
applicant
you've
got
up
to
10
minutes
to
present
your
reasoning
for
your
conditional
use.
Requests
just
need
your
name
and
address.
You've
got
the
floor.
P
P
We
received
a
mailing
list
from
the
city
of
how
many
people
we
should
get
a
hold
of,
and
it
was
I
believe
258
and
we
mailed
out
to
all
258
people.
As
you
see,
we
had
10
show
up
at
the
meeting.
They
really
had
good
questions
and
I
think
we
had
good
answers
and
I
think
everybody
that
left
the
meeting
was
very
happy
with
what
they
heard.
P
P
That's
a
three-story
building
that
sets
between
the
Randolph
and
the
Kirkwood
I
think
we
will
be
a
nice
addition
to
the
area,
we're
going
to
be
a
pub
we're
going
to
have
pool
tables,
we're
going
to
have
video
games,
we're
going
to
have
a
giant
beer
pong
I'd
like
to
explain
giant
beer
pongs,
so
you'll
know
what
it
is.
When
I
first
introduced
beer
pong
to
Des
Moines
Iowa
was
over
at
a
place
across
the
river
and
it's
not
a
drinking
game.
P
It's
with
big
55,
gallon
brute
garbage
cans,
and
you
play
with
the
volleyball,
because
I've
done
this.
The
first
time
for
like
20
some
years,
I've
done
a
yearly
annual
teachers
convention
when
they're
in
to
get
their
credentials
and
certifications
for
the
year,
and
these
people
are
probably
between
35
and
65,
and
we
had
two
sets
and
I
could
barely
push
these
people
out
at
2
A.M
because
they
was
loving
the
fun
of
the
game.
It's
not
a
drinking
game.
It's
something
for
somebody
to
be
able
to
do
I've
been.
P
P
P
We
understand
that
people
are
concerned
about
noise
and
they,
the
neighbors,
have
a
right
to
be
concerned
about
that.
We
will
do
our
best
to
keep
the
levels
low.
We
will
not
be
what
the
building
was
several
years
ago,
which
was
a
live
music
venue
and
I
always
find
it
funny.
When
people
come
in
and
we'll
say
hey,
can
you
turn
the
music
down
a
little
bit,
but
they'll
go
sit
and
listen
to
a
band
and
I'm
sitting
here
going
holy.
P
Moses
I
can't
hardly
stand
this,
so
we're
not
going
to
be
near
that
loud
we're
not
going
to
be
as
loud
as
like
some
of
the
dance
clubs
Etc
are
so
I.
I
have
I
hear
all
the
concern
for
the
Neighbors.
We
answered
all
them
things
at
the
meeting
and
I
think
everybody
was
very
content
with
that.
If
you
have
any
questions,
I'm
willing
to
answer
anything
I
can
about
the
location.
G
P
G
C
P
P
I
play
the
old
school
shout
that
I
think
it's
from
the
60s
and
if,
if
you
to
really
have
a
great
place,
if
you
can
be
playing
music,
that's
dated,
but
younger
people
like
it
or
newer
songs,
but
older
people
like
it,
you
really
have
a
nice
safe
place
and
I
understand
all
the
problems
that
Court
Avenue
is
bearing.
I
understand
the
things
that's
going
on
in
the
city
and
I.
Don't
think
this
place
will
be
any
addition
to
anything
along
them
lines.
C
P
You
know
really
not
at
this
time.
I
would.
If
we
like
it,
was
explained.
If
we
did
have
little
bitty
speakers
out
there,
it
would
be
very
small.
You
only
allow
the
65
decibel
background
music
unless
you
get
separate
permits,
I'm,
not
planning
on
getting
any
separate
permits
for
the
louder
noise
out
there.
The
bands,
the
ETC
that
usually
does
create
the
the
problems
for
the
people
that
it's
too
loud,
I'm,
not
planning
on
seeking
any
of
them
special
permits
that
they
Grant
eight
of
a
month.
C
A
E
No,
it
goes
quick,
Nathan
Nell
was
on
their
wedding,
DJ
I
haven't
have
it
in
my
notes.
I'm
telling
you
I,
don't
know
how
this
guy
gets
away
with
it,
but
he
hasn't
wound
up
to
the
YMCA
and
we'll
share
music
at
home,
sometimes
I'm
only
top
40.
In
my
place,
you
know
just
your
name
and
address
again:
Ryan
Smithson,
pints,
Pub
and
Patio
across
the
street
319
Court
Avenue,
so
I'm
got
a
competitor
moving
right
across
the
street
from
me
now
and
he's
quite
the
competitive
heart,
but
I
welcome
it.
E
I
also
know
that
or
hear
that
beer
can
alley
plans
on
moving
into
the
old
1908,
which
is
around
the
corner
that
they're
doing
that,
which
I'm
no
fan
of
the
owners
that
by
any
means
but
I'm,
a
fair
person,
still
I,
think
they
should
be
able
to,
and
those
are
the
two
good
places
out
of
court
Center
that
really
need
to
still
be
down
there.
So
I'm
all
in
support
for
both
of
them.
But,
like
you
said
it's
wedding
DJ,
but
back
to
the
patio.
E
The
patio
is
very,
very,
very
small,
I
mean
it's
literally,
an
old
little
Alleyway
and
it's
divided
half
with
the
Royal
mile.
So
as
far
as
a
band,
if
you
set
up
a
band
on
there,
I
don't
even
think
you'd
have
room
for
12
people
to
stand
in
front
of
the
band,
so
I
don't
think
there'd
be
no
bands
coming
anytime
in
the
future.
There
is
a
door
that
props
open
that
goes
into
there.
Probably
you
know
a
little
music,
that's
probably
enough
sound,
but
I.
E
Restaurant
I
forget
the
name,
the
restaurant,
that
was
there,
but
it
is
a
high
techno
energy
bar
in
the
lobby
of
the
Kirkwood.
So
that's
that's
very
interesting.
This
is
a
standalone
building,
there's
no
living
inside
this
building.
There's
a
pizza
place
next
door,
where
Java
Joe's
used
to
be
and
the
place
that
he's
taken
over
formally
was
a
hard
rock
heavy
metal
live
band
place.
E
So
this
is
definitely
20
steps
down
from
Hard
Rock
heavy
metal,
so
I
just
want
to
let
you
know
I'm
in
support
of
that
and,
like
I
said,
the
foyer
of
this
building
has
a
big
entryway,
and
then
you
walk
into
the
place
on
top
of
it.
So
it's
not
like
you
just
opened
the
front
door
and
that
music
would
Blair
there's
a
huge
entryway
as
well,
where
he
forgot
to
mention
that
separates.
You
know
in
the
club
again
before
you
get
inside
the
club
with
no
living
above
and
the
building
is
100
shut
up.
E
A
You
all
right,
thank
you,
Ryan
all
right.
Anybody
else
here
to
speak
in
support
of
the
applicant's
request,
seeing
not
anybody
here
in
opposition,
seeing
none
anybody
here
in
neutrality,
all
right,
if
none
any
further
questions
for
staff,
all
right,
seeing
none
Larry!
You
can
exercise
this
right.
If
you
want,
you
don't
have
to
anything,
you
want
to
say
in
closing.
P
P
G
A
All
right,
so
we've
got
a
motion
to
Grant
the
conditional
use
subject
to
staff
recommendations
by
Dave.
Second,
by
marvelous,
all
those
in
favor
raise
your
right
hand
say.
I.
All
right
motion
carries
five
zero,
all
right,
maybe
we'll
drop
down
to
the
patio
this
summer.
Thank
you,
yeah
all
right.
Thank
you.
All
for
coming
in
today
wish
you
well
with
your
Ventures
all
right.
A
Okay,
just
a
few
business
items
here,
folks
check
your
packets
closely.
There's
a
little
table.
I
believe
that
Frank
handed
out
I
want
you
to
hang
on
to
that.
That
has
contact
numbers
for
City
staff
emails
phone
numbers
as
well
as
the
board
members.
The
purpose
of
this
is
not
to
have
any
ex
parte
conversations
about
any.
You
know:
agenda
items,
it's
just
more
for
your
convenience.
I
know.
You
know.
A
Dave
has
texted
me
before
that:
hey
I'm
waiting
for
a
train
I'm
going
to
be
late
or
something
like
that
and
the
same
thing
if
you
need
to
get
a
hold
of
Staff
or
if
you
need
to
refer
someone
to
staff,
sometimes
people
will
contact
us
which
of
course,
we
can't
discuss
cases
with
anybody
with
a
concern.
So
it's
real
easy
to
forward
them
on.
Here
we
got
phone
numbers
to
their
desks
and
their
emails.
So
thank
you
Frank
for
putting
that
together.
A
H
Council
did
receive
that
letter
I
forget
which
meeting
in
December
but
one
of
the
two
meetings
in
December
and
they
referred
it
back
to
development
services.
So
we
do
have
it
on
our
list.
Next
time
we
do
the
comprehensive
code
amendments
to
chapter
134.
We
are
going
to
take
that
into
consideration,
which.
A
G
D
G
Was
quoted
the
paper
which
is
fine?
Do
you
guys
remind
them
that
they
can't
approach
us
when
they
contact
you,
because
because
yeah
I
do
that
right
on
the
front
and
anybody
comes
with
me,
I
go
if
you
want
to
talk
about
anything
on
zoning
Board
of
adjustment.
I
can't
talk
to
you
about
it
right.
Unless
it's
about
a
past
meeting
and
I'll
refer
you
to
the
decision
and
the
minutes
thanks
yeah
and
I.
Don't
do
that
to
be
rude,
it's
just
that's
what
I've
been
told
to
do
so.
I'm,
just
curious,
yeah,.
H
G
D
G
H
A
That's
it's
just
a
good
reminder
for
everybody.
You
know
I
know.
Sometimes
our
members
have
changed,
we're
pretty
consistent
but
and
I.
Think
staff
has
been
consistent,
board's
been
consistent,
but
yeah.
If
we're
contacted
about
an
item
before
a
hearing,
there's
no
way
we
can
talk
about
it.
We
have
to
refer
them
to
staff,
they
want
to
know
about
it,
how
to
come
to
a
meeting
talk
to
staff.
A
If
somebody
contacts
us
after
a
meeting
like
let's
say
it
would
be
later
today,
I
give
him
no
comma
I,
say:
hey,
you
can
go,
ask
the
city
for
a
copy
of
it
or
how
to
find
it
on
the
website.
You're
welcome
to
quote
anything.
I
said
on
the
record
and
then
that's
it
so
and
of
course
seems
like
they're
pretty
good
at
pulling
a
little
five
second
sound
bite.
A
Yeah
but
but
yeah
again,
just
a
great
board
member.
We
always
got
our
attention.
We
got
our
head
and
our
work
here
and
everybody
does
a
good
job.
Quick
business
item
then
minutes
from
last
month.
If
you
were
here
last
month,
if
you've
looked
at
the
minutes,
if
there's
any
changes
state.
So
if
none
would
there
be
a
motion
to
approve
I'll
make
that
motion
and
marvelous
all
right
motion
by
mail?