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From YouTube: 3-22-23 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, March 22, 2023.
View the agenda: https://DSM.city/ZBOAatHome
A
B
C
All
right
I'll
go
ahead
and
do
the
Preamble
he's
messing
up
my
order,
though,
what
I
wanted
to
do.
C
C
The
members
of
this
board
are
citizens
of
the
city
of
Des
Moines.
They
have
been
appointed
to
this
board
by
the
city
council.
The
board
members
are
volunteers
and
receive
no
compensation
for
their
public
service.
I'll
go
ahead
and
introduce
our
board.
Members
who
are
here
today
on
the
audience
is
right,
is
Dave
Geer
next
to
him
as
Rhonda
sedillo,
I'm
Mel
pins.
The
board
chair
next
to
me
on
my
right
is
marlis.
Jones
next
to
him
is
Justin
gross
and
I
believe
we'll
have
a
sixth
member
of
our
seven-member
board
here
shortly.
C
Mr
Nathan,
Blake
I'll
introduce
our
city
staff,
who
will
be
assisting
today
with
the
hearing
on
my
left
is
the
Zoning
Board
of
adjustments,
legal
counsel,
Gary
guidelock
down
here
kind
of
an
order
of
appearance.
We
have
Frank
Dunn,
Young,
Senior
city,
planner,
Bert,
drost,
Deputy,
planning,
administrator
and
Eric
Lundy
zoning
enforcement
officer.
Our
meeting
moderator
just
here
front
center
is
Carlotta
Walder
I'm
going
to
go
over
the
meetings
procedure
for
some
of
you.
This
may
be
your
first
time
in
front
of
us.
C
You
may
hope
it's
your
only
time,
but
don't
worry
about
the
process
and
procedure.
We'll
guide
you
through
that
we're
basically
here
to
to
listen
to
your
case
and
your
reasoning,
but
I'll
go
ahead
and
go
over
our
procedures
and
again
we'll
we'll
help
help
you
out
as
we
move
through
the
agenda.
C
First
and
foremost,
the
Zoning
Board
of
adjustment
is
a
quasi-judicial
board.
This
hearing
will
be
conducted
within
the
procedures
and
format
as
authorized
by
Iowa
law
and
this
City's
ordinances.
The
meeting
is
open
to
the
public.
The
meeting
is
being
recorded
by
both
audio
and
video
for
a
legal
record
of
these
proceedings.
C
The
board
is
required
to
base
its
decision
on
each
item
upon
the
criteria
that's
been
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
the
board
demonstrates
that
the
criteria
established
by
law
for
granting
the
relief
has
been
satisfied,
then
the
board
must
Grant
the
relief.
Otherwise,
the
board
must
deny
the
relief.
C
C
So
I'll
come
back
to
consent
agenda
in
a
moment
here
afternoon.
Item
on
the
regular
portion
of
the
agenda
has
been
announced.
City
staff
will
first
give
a
brief
overview
of
the
requested
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
reasoning
for
their
appeal.
C
We'll
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
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
for
the
hearing
item
at
hand.
C
C
All
speakers
must
speak
only
from
the
podium
here
at
the
center
of
the
room.
There's
a
little
computer
screen
the
overhead
and
there's
a
microphone,
so
you
got
to
stand
at
the
podium
begin.
Your
presentation
by
first
giving
both
your
name
and
address
that
address
can
be
your
place
of
business
or
residence
as
appropriate
for
the
item.
In
the
event,
you
may
need
to
be
contacted
for
legal
notices
related
to
the
outcome
of
this
appeal.
C
All
speakers
are
requested
to
remain
courteous
and
to
focus
their
comments
only
upon
those
facts
that
demonstrate
whether
or
not
the
criteria
established
by
law
has
been
satisfied.
Speakers
are
asked
to
ensure
that
they
are
respectful
of
time
considerations
and,
if
necessary,
the
board
chair
will
limit
further
comments
by
a
speaker
if
they
exceed
their
time
limitation.
C
The
board
chair
will
then
close
any
further
public
comment
on
the
agenda
item.
The
board
will
immediately
deliberate
the
request
and
make
a
decision
on
the
appeal
here
today.
Please
note
that
it
takes
at
least
four
affirmative
votes
for
any
zoning
appeal
to
gain
approval.
Now
this
is
a
seven-member
board.
We
don't
always
guarantee
that
all
seven
of
us
are
here.
We
have
a
very
good
attendance
record
around
here
once
in
a
while.
We
might
have
six
if
we
would
get
down
to
five
members
and
your
agenda
item
comes
up.
C
We
can
give
you
the
option
if
you
want
to
kind
of
roll
the
dice
and
go
well
with
only
five
if
it
takes
four
to
approve
my
item
G.
Those
are.
Those
are
pretty
tight
odds
for
me,
I'd
like
to
defer
this
to
the
next
month.
You
have
the
opportunity
to
do
that,
but
if
we
get
to
the
next
month,
we
can't
guarantee
you
that
I've
I've
got
all
seven.
Maybe
we
just
have
six,
we
could
have
five
again,
so
you
can't
kick
the
can
down
the
road
you
know
indefinitely.
C
So
if
your
appeal
is
approved
through
this
hearing
process,
we
ask
that
you
wait
until
at
least
about
this
time,
one
week
from
today's
hearing
to
contact
the
city's
permit
and
Development
Center.
If
you
need
to
obtain
any
necessary
building
or
sign
permits
related
to
your
appeal.
This
will
allow
the
decision
of
this
board
to
be
documented
in
the
form
of
a
decision
and
Order.
That
document
will
be
provided
to
both
you
and
City
staff.
C
If
you
believe
the
zoning
regulations
applied
by
this
board
are
wrong,
you
may
petition
the
city
council
to
change
those
regulations,
but
only
for
future
considerations,
all
material,
written
or
otherwise
used
today
as
part
of
any
presentation
as
a
part
of
the
permanent
record.
So
if
you
haven't
provided
copies
to
staff
already
of
anything,
you're
going
to
present,
you'll
need
to
do
so,
and
you
may
contact
City
staff
after
the
hearing.
C
If
you'd,
like
a
copy
of
anything
presented
here
today,
quick
housekeeping
items,
we
ask
that
you
please
avoid
any
undue
conversation
in
the
audience
to
limit
distractions
during
the
hearing
you're
doing
a
fine
job,
please
ensure
your
cell
phone
ringer
has
been
silenced,
good
job
so
far
as
well.
If
you
wouldn't
need
to
use
the
restroom,
you
can
just
leave
through
the
door
here,
you
don't
have
to
go
back
downstairs.
There
are
restrooms
here
on
this
level
just
past
the
staircase
on
your
left
and
I
think
that's
pretty
much
it.
So
what
we'll
do
here?
C
I
was
going
to
stall
for
time.
I'm
hoping
Nathan
knows
we
have
a
hearing
today.
You
guys
haven't
heard
anything
from
him.
Have
you
okay,
so
what
we'll
go
ahead
and
do
I
think
is
look
at
our
consent
agenda
for
this
afternoon.
To
start
with,
that's
normally
the
easiest
lifting
here
we
have
two
items
on
the
consent
agenda
again.
The
idea
here
is
City.
Staff
have
recommended
approval
of
these
requested.
These
are
exceptions.
C
They've
recommended
approval
with
certain
conditions
that
would
go
with
that
approval,
so
unless
the
applicant
would
not
agree
to
the
conditions
or
if
there's
somebody
here
in
the
audience
that
wants
us
to
listen
to
the
case
before
we
make
a
decision,
we
can
certainly
remove
this
from
the
consent
agenda
and
have
an
open
discussion.
Otherwise
we
would
look
to
approve
these
two
items
now
go
ahead
and
list
them
item
one.
It's
a
zoning
exception
request
at
2105.
Ingersoll
appears
to
be
related
to
some
signage.
C
Is
there
anybody
here
in
the
audience
that
would
be
opposed
to
us
granting
that
relief,
or
this
exception
in
the
sign
ordinance?
If
so,
just
raise
your
hand,
that's
all
you'd
have
to
do
seeing
none
item.
Two
is
a
zoning
exception,
request
at
1917,
Dean,
Avenue,
primarily
related
to
signage,
as
well
with
the
Des
Moines
Independent
School
District
anybody
here
in
the
audience
that
would
be
opposed
to
granting
the
request
requested
relief
Eric
it
is
at
24..
Oh
yes,
thank
you.
Yeah
1917
Dean
is
their
yeah.
C
Their
physical
plant
office,
yeah
premises
here,
2405
Forest!
So
is
there
anybody
here?
That
would
be
opposed
us,
granting
the
requested
exceptions
on
Forest
Avenue
for
the
school
district,
no
hands
up.
Okay,
so
board
members.
Anybody
here
that
would
want
this
to
be
any
of
these
moved
to
the
normal
portion.
If
none
would
there
be
a
motion
to
Grant
approvals
of
item
one
and
two
all
right
motion
by
marlus?
Second,
by
run
all
those
in
favor
granting
the
requested
appeals
raise
your
right
hand,
say
aye,
all
right.
That
motion
passes
five
to
zero.
C
C
I
think
we
only
have
one
other
item
on
the
agenda.
Is
that
correct
Frank?
That's
item
three
for
open
discussion.
I
think
what
I
would
like
to
do.
I
think
this
would
please
the
gentleman
is.
We
will
wait
to
start
item
three
once
Nathan
gets
here.
That'll
have
six
of
us
so
that
Nathan's
able
to
kind
of
hear
everything
we
got
going
on
that
sound,
okay,
all
right,
so
so
yeah.
So
first
time
and
my
17
years
we're
going
to
take
a
little,
maybe
five
minute
break.
C
Okay,
so
we'll
go
we'll,
go
ahead
and
resume
our
hearing
here
this
afternoon,
so
before
I
get
too
far
into
our
item,
I
do
want
to
put
Nathan
on
the
spot
just
a
little
bit.
This
is
Nathan's.
Last
hearing,
so
I
want
to
acknowledge
his
service
here
to
the
Zoning
Board
of
adjustment.
Nathan
was
appointed
by
mayor
Frank
County
to
this
board
back
in
July
2014..
C
He
was
elected
vice
chair
in
December
of
2015
and
that's
been
over
seven
years
in
that
role,
almost
nine
years
on
the
board,
so
Nathan,
it's
been
an
honor
and
a
privilege
to
serve
with
you.
I
know:
I
speak
on
behalf
of
my
fellow
members
with
that
you
exemplify
what
it
means
to
serve
the
community.
C
None
of
us
are
paid
to
do
this,
but
this
is
how
citizens
can
participate,
make
a
difference
in
their
Community
you've
done
that
in
many
ways
here
in
Des
Moines
for
many
years,
it's
been
great
to
have
you
and
your
family
as
as
somebody
we
could
call
Neighbors,
but
Nathan
and
his
family
are
moving
out
of
state
for
some
other
career
opportunities.
So
we
will
miss
them
so
Nathan
in
honor
of
your
service
to
the
board.
E
They
didn't
tell
me
it
wasn't
paid
until
I
said
yes
too,
so
it's
been
nine
long
years,
no
real
quickly
since
I
have
been
brought
up.
This
I've
appreciated
my
times,
especially
with
with
you,
Mal
and
I.
E
Think
Dave
was
on
when
I
joined
and
it's
been
good
to
to
get
to
know
people,
and
this
has
been
the
quintessential
experience
for
me
and
how
government
affects
people's
lives
on
individual
basis
day
to
day
month
to
month
and
I've
just
really
appreciated
the
opportunity
to
serve
in
this
way
to
get
to
know
different
parts
of
the
city.
We
love
this
community,
we're
going
to
miss
it
a
ton
but
appreciate
the
opportunity
to
serve
with
all
these
good
people
and
the
staff
too.
E
Almost
all
of
you
just
leave
your
guessing
leave
your
guessing
on
that
which
one
no.
This
has
been
great.
This
is
honestly
like
one
of
the
things
I'll
miss
most
about
my
time
here.
I've
always
enjoyed
this
this
time
and
all
the
power
power
that
comes
with
it,
if
not
money.
So
thank.
C
You
thank
you,
Nathan
and,
and
our
well
wishes
and
and
that
award
that's
also
comes
from
the
city
staff
too,
so
yeah
all
right.
Well,
thank
you.
Okay,
we'll
go
ahead
and
resume
our
hearing
item
so
item
number
three
is
a
conditional
use
request
for
use
of
a
tenant
Bay
for
a
liquor
store
premises
is
4230.
Fleur,
Drive
and
we'll
have
Frank
give
the
introduction
on
this
one.
A
Good
afternoon,
chair
members
of
the
board
item
three
at
4230
Fleur
Drive
consists
of
a
request
for
a
conditional
use
and
a
separation,
distance
variance
of
the
separation
distance,
so
they
are
proposing
use
of
a
4742
square
foot,
tenant
Bay
for
a
liquor
store
use
with
sales
of
alcoholic
liquor,
wine
and
beer.
The
tenant
Bay
is
within
approximately
950
feet
of
an
approved
fuel
station
with
alcoholic
liquor.
Wine
and
beer
sales
located
at
40,
21
Fleur,
Drive
I'll
show
that
location
in
just
a
moment.
A
It's
the
new
Quick
Trip
recently
built
just
down
the
street,
so
conditional
use
is
required
for
any
liquor
stores
in
the
MX
three
District,
as
well
as
variants
for
the
required
separation
distance
necessary
for
a
liquor
store
not
being
closer
than
1
320
feet
from
a
similar
use,
selling
alcohol,
alcoholic
liquor,
wine
and
beer.
A
And
here
the
building
that
there's
two
buildings
on
the
property,
the
building
in
which
the
liquor
store
would
be
situated,
is
located
to
the
rear
of
the
parcel,
and
today,
in
that
location,
is
the
existing
ferals
extreme
body,
shaping
that
would
be
changing
to
the
liquor
store
use,
and
so
this
being
a
North
Western
view
of
the
building,
and
here
is
a
view
that
is
Southwestern
facing
these
are
close-ups,
and
this
is
going
to
be
more
of
a
view
that
extends
out
from
the
street.
This
one
facing
Southwest.
B
E
C
Frank
you
had
no,
it
sounds
like
no
comments
back
no
cards.
No
letters
is
this
within
a
neighborhood
association,
boundary
or
nearby
neighborhood
association
within
any
radius.
A
A
C
C
Web
yeah
yeah,
which
is
the
new
one
yep
yeah,
because
that's
that's
within
the
quarter
mile
distance
and
pre-existing.
So
what
is
that
and
while
Frank
is
doing
a
Google
search,
I'm
just
curious?
Whoever
would
like
to
answer
on
staff's
behalf.
There's
a
grocery
store
there
in
wakanda
Plaza.
Does
that
factor
into
this?
Do
they
not
sell
alcohol,
or
is
it
a
different,
a
different
thing
that
the
radius
doesn't
apply.
A
That'd
be
correct,
so
the
classification
for
separation
distance
pertains
to
like
businesses
and
the
grocery
store
would
be
a
it
would
have
its
own
classification,
so
like
businesses
would
be
the
limited
retail
should
be
a
liquor
store
fuel
station
things
of
that
nature.
Okay
and.
A
A
A
A
C
C
E
C
C
Interesting
good
question:
any
other
questions
for
staff.
C
F
G
F
A
B
Thousands
fourteen
thousand
fourteen.
B
B
On
this
team
right
and
these
requirements
have
been
in
place
since
2013.
at
the
time
it
was
the
council's
intent
to
really
limit
where
we
can
get
liquor
stores
because
there's
a
proliferation,
because
at
that
time
the
state
had
changed
the
laws
that
allowed
more
and
more
businesses
to
sell
liquor,
and
so
the
city
council
wanted
to
really
limit
where
we
could
see
new
liquor
stores
go
into
right.
That
was
the
intent
of
it
is
to
make
it
harder
for
new
liquor
stores
to
locate
yeah.
C
C
While
each
case
may
have
its
own
merits,
I
think,
a
few
months
ago
we
had
a
case
on
East
Euclid,
maybe
just
East
I-235,
where
there
were
some
pre-existing
in
essence,
liquor
stores
a
couple
of
them
already
there,
and
there
was
somebody
who
wanted
to
locate
and
there
was
that
separation
distance
issue.
You
guys
might
remember
that
one
and.
E
We
sent
a
letter
regarding
a
different
separation
distance
issue
recently
and
it
sounded
like
there
was
going
to
be
a
review.
Potentially.
Is
this
the
type
of
issue
that
also
might
be
reviewed
and
I
don't
want
to
like
I,
don't
know
how
we're
going
to
come
out
on
this,
but
is
this
something
that's
going
to
be
in
that
no.
B
E
I,
remember
the
issue
being
narrower
or
separate
or
different,
but
I
thought
that
the
response
was
that
there
was
going
to
be
just
a
general
update
of
everything
if
we
wanted
to
I'm
not
saying
we
do,
but
if
we
wanted
to
also
flag
this
issue
for
review.
Is
that
something
that
we
could
contribute?
You.
B
B
C
H
My
name
is
Mike
forger.
Our
office
is
located
at
4214,
Fleur
Drive,
that's
right
there.
Next
to
the
4230
that
location,
we
own,
that
whole
airport
plaza
with
the
Goodyear
Tires,
the
subway
we
own,
all
of
those.
So
we
have
22
tenants
there,
we've
owned
that
since
2003.,
so
the
the
one
of
really
the
only
reason,
one
of
the
main
reasons
that
we
thought
about
we're
not
in
the
liquor
store
business.
H
First
of
all,
I
I,
wanna
I,
want
to
back
up
for
a
minute.
I
know
liquor
store
is
what
it's
called,
but
that's
not
what
Our
intention
is
we
we're
looking
more
for
like
fine
wine,
spirits,
no
loitering,
no
video
games.
No,
and
one
of
the
main
reasons
is
like
I
said
we
own
that
building
our
office
is
in
that
building.
So
we
would
like
a
nice
clean
environment.
We
have
22
other
tenants
that
pay
us
rent
on
a
monthly
basis.
We
don't
want
any
problems
for
those
people
Subway.
H
We
just
put
a
new
the
owner
of
Subway
just
put
a
new
coffee
shop
in
the
front.
We
don't
want
any
of
any
negative
feedback
so,
but
one
of
the
main
reasons
that
we
we
thought
about
this
is
because,
when
pharaohs
decided
to
move,
we
had
our
agent
list,
the
property
and
he
came
to
us
and
said
you
know
we
have
some
interest
from
Quickstar.
H
Quickstar
is
going
out
and
doing
quick
liquor,
liquor
stores
only
and
they,
like
your
spot.
We
also
own
another
building
on
Army
Post,
where
there's
a
liquor
store.
That
is
a
liquor
store.
There's
you
know
video
games,
it's
next
to
the
bar.
H
He
showed
interest
in
opening
in
our
spot.
Well,
we
felt
the
best
way
to
control
that
would
be
if
we
owned
it
and
we
operated
it,
we
can
control
the
the
people
we
can
control.
You
know
the
the
the
cleanup
we're
going
to
make
sure
that
the
area
isn't
going
to
be
trash
and
dirty.
Like
I
said
our
tenants
are
there
so
and
quick
trip.
I
mean
to
be
to
be
honest
with
you,
quick
trip,
I
know
under
the
board
and
the
way
those
rules
are
set
up.
H
H
They
sell
the
least
amount
of
liquor
out
of
the
whole
Corridor
according
to
the
Iowa
Department
of
Division
of
alcohol
sales,
so
they
sell
the
least
amount
of
alcohol
between
that
whole
entire
quarter.
That
really
affects
us.
So
as
a
business,
we're
thinking.
Well,
this
isn't
really
the
same
same
type
of
business.
We
want
to
open
a
gas
station
and
sold
liquor.
H
Okay,
but
I
understand
it's
it's
the
board
and
it's
the
way
the
city,
council
and
everything
has
it,
but
we're
just
a
family-owned
business
and
we
own
about
220
units,
rental
properties,
we're
developing
a
commercial
center
in
Norwalk.
Currently,
we
own
commercial
center
in
Clive,
we
own
that
one
on
Fleur
and
another
one
on
Army
Post.
We
have
about
60
rental
units
on
the
South
Side,
so
that's
pretty
much
a
quarter
of
our
rental
business.
So.
F
H
Where
we're
stationed
that's
where
we
are
so
that's
it.
My
father
is
with
me
here
he's
the
owner
of
the
business
owner.
He
started
this
in
1974.
when
we
moved
here
in
1994
and
we
expanded
our
business.
So
I
guess
that's
all
I
have
for
you
guys,
I,
just
I.
Just
hope
that
you
know
you
guys
can
take
into
consideration
and
and
see
it
from
the
way
we
are
looking
at
it.
We
want
to
specialize
like
I
said
in
in
Iowa
wines,
Iowa
Spirits
a
cigar
room.
H
You
know
not
smoking
there,
of
course,
but
selling
cigars
we're
not
going
to
sell.
You
know,
there's
no
groceries.
You
know
anything
like
that.
It's
it's
strictly!
Fine
wine
experience.
C
So
Mike
I'm
curious,
you've
spent
some
time
thought
it
looks
like
maybe
even
a
little
money
on
this
I
see
a
little
site
plan
and
everything
you
guys
are
no
strangers
to
our
zoning
ordinance
in
the
city.
You
have
some
great
properties.
I
do
business
at
a
lot
of
your
properties.
My
wife
gets
take
out
from
singtel
like
at
least
once
a
week
hard
to
find
a
parking
spot
there.
The
way
it
is
yes.
E
C
C
What's
the
reasoning
for
the
variance,
because
the
test
is
is
pretty
high
here,
you
have
to
show
that
your
property
can't
yield
a
reasonable
return
from
any
other
use,
that
it's
unique
circumstances
that
aren't
of
your
making
and
that,
finally,
it's
not
one
or
the
other,
it's
all
that
it
won't
alter
the
essential
character
of
the
area.
So
those
are
the
things
we
have
to
take
into
account
to
say
yes
to
something
I.
H
Understand,
as
far
as
the
area
goes,
when
you're
asking
about
the
neighborhood
association,
George
Davis
yep,
he
he
was
at
our
informal
informational
meeting
and
he
signed
the
sheet
and
he
told
me
that,
according
to
him
and
the
association,
they
had
no
issues
with
us.
He
only
had
requested.
He
thought
that
we
were
going
to
put
a
liquor
store.
We
want
to
put
a
liquor
store
at
42nd
and
park,
there's
an
old
Conoco
gas
station
or
Valero
gas
station.
H
H
I
mean
he
signed
the
short
the
sheet
and
he
said
that
he
would
notify
whoever,
but
no
he
didn't
give
us
any
letter.
Okay,
on
George.
C
Okay,
any
other
questions
for
Mike.
Okay.
Thank
you,
sir.
Thank
you
now
the
way
this
part
of
this
agenda
item
works.
If
anybody
wishes
to
speak
in
support
of
the
applicant,
they
can
step
forward
and
have
up
to
five
minutes.
If
they'd
like
I
know,
we've
got
a
big
audience
here.
Yet
seeing
none.
If
there's
anybody
which
is
speaking
opposition,
they
can
do
same
or
even
neutrality,
please
step
forward.
C
Seeing
none
do
we
have
any
further
questions
for
the
zoning
enforcement
officer,
seeing
none
we'll
go
ahead
and
close
the
public
portion
then
and
go
to
board
deliberation
thoughts
among
members.
E
Well,
this
is
we
live
within
walking
distance
of
of
this
area
and
I
appreciated
the
presentation
and
I.
Don't
disagree
with
anything
that
was
presented.
I
think
it's
wildly
different,
I
didn't
even
know.
I
get
gas
at
that
QT.
A
lot
didn't
even
know
they
sold
liquor.
That's
not
the
place.
We
go
for
liquor
along
floor
and
I
think
the
frankly
the
neighborhood.
If
not
the
you
know,
the
commercial
area
would
probably
benefit
from
this
type
of
business.
E
All
that
said,
the
law
is
pretty
clear
on
the
the
variance
test
I'd
be
in
favor
of
the
conditional
use
permit,
but
it
would
be
worthless
without
the
variance
and
the
variance
test
melts
you
kind
of
laid
out
and
as
I've
harped
on
I.
Think.
All
nine
years
of
my
service
here
is
is
really
tough
to
meet
and
I.
Don't
think
applicant
has
shown
that
there's
no
reasonable
use
that
could
that
could
be
placed
here?
E
In
fact
they
just
had
a
tenant
there
recently
and
it
sounds
like
you
know,
there's
plenty
other
tenants
in
their
area.
I
think
it's
unfortunate
I'm
not
fully
convinced
or
is
not
as
as
convinced
as
staff
or
the
city
council
in
2013,
but
this
is
a
necessary
requirement,
but
I
wasn't
elected
to
make
policy
so
I'll
be
voting.
No.
F
I
I
guess
I'm
less
sensitive
to
the
variance
test
because
I
I
look
at
this.
It's
a
business
they're,
unfortunately
caught
up
in
the
middle
of
some
audition,
a
change
in
zoning
and
we've
got
a
quick
trip.
That
is
a
behemoth
that
sells
liquor.
I
I
can
tell
you
I've
never
bought
liquor
on
a
quick
trip,
I,
don't
even
think
about
going
there
to
buy
liquor.
F
F
I'm,
like
I,
said
I
of
everyone
on
this
board.
I
probably
go
against
the
variants
more
than
anyone,
so
I
guess
I
just
see
that
we
can
bend
the
rules
if
we
want
to
so
I'm
I'm
in
favor,
of
letting
them
give
this
thing
a
whirl
and
he
sounds
like
he's:
got
a
successful
business
going
he's
got
a
good
plan
and
I'd
be
comfortable
with
putting
it
in
there.
There's
places
all
over
town
that
this
situation
currently
exists.
F
D
No
I
mean
the
city
council
made
a
change
for
a
reason,
and
it's
been
in
in
it's
been
the
policy
for
quite
some
time
now
and
we
as
a
board
have
to
work
within
the
confines
of
that
policy
and
the
law
that's
been
established,
and
so
you
know
the
criteria
is
established
by
law
has
not
been
met
here,
and
so
it
it
needs
to
be
denied
Carlos.
C
C
Yeah
yep
yeah
this.
This
is
a
tough
one.
At
face
value,
yeah
again
I'm
a
southsider
I
go
to
a
lot
of
the
properties.
You
guys
have
helped
get
some
properties
turned
around
in
Des,
Moines
and
I
generally,
like
what
you
do.
We
have
to
keep
in
mind
a
lot
of
the
things
that
were
mentioned
here
within
our
role.
Sometimes
we
do
bend
the
rules,
but
we
have
to
be
able
to
defend
that
and
we
have
to
legally
be
able
to
defend
that.
C
You
know
there
are
certain
things
that
you
know
as
I
say
here.
If
somebody
disagrees
with
our
decision,
they
can
take
us
to
District
Court.
The
council
can
choose
to
have
us
look
at
this
again,
but
the
council
could
also
potentially
sue
their
own
board
of
adjustment
if
they
didn't
like
a
decision
that
we
might
make
not
saying
related
to
this
one
one
way
or
the
other,
but
we
always
have
to
keep
our
legal
requirement
in
mind
here
and
I.
C
Don't
know
if
there's
a
magic
number
1320,
it's
quarter
mile
and
drag
racing
so
I'm
familiar
with
it,
but
is
a
thousand
500
I
mean
what
what
is
that
distance?
But
when
you
know
quick
trip
built
there,
that's
a
relatively
newer
store.
That's
Coca-Cola
Bottling
used
to
be
there
when
that
quick
trip
was
built.
They
had
to
consider
some
of
this
stuff
too,
but
they
met
the
separation
distance.
So
I
don't
think
it's
a
matter
of
it's
not
about
hurting
existing
liquor
stores,
businesses,
one
way
or
the
other
I
don't
care
about
that.
C
C
That's
the
distance
they
chose
if
I
can
find
a
variance
for
somebody
I
like
to
try
to
do
that
when
it's
reasonable
I'd
like
to
hear
but
I
can't
myself
it's
just
it's
it's
too
big
of
a
hill
to
climb
and
we've
had
some
other
cases
that
were
very
similar,
whereas
just
about
the
separation
distance,
and
we
had
to
say
no
there
as
well
so
depending
on
what
anybody
would
like
to
do
here.
The
floor
is
open
if
there'd
be
a
motion
one
way
or
the
other
I'll.
C
All
right,
so
we
got
a
motion
by
Nathan
for
denial.
Second,
by
marlus,
all
those
in
favor
to
deny
the
requested
appeal
and
the
proposed
conditional
use,
raise
your
right
hand
say
I,
all
right,
that's
five,
nay,
that's
one!
Okay,
all
right!
I
hope
you
guys
can
find
a
way
to
do
this
cool
operation,
but
it
might
need
to
be
in
a
different
location.
C
Okay,
so
that
takes
care
of
our
agenda
for
today
minutes
of
last
meeting
anybody
who
was
here
last
month
if
they
reviewed
the
minutes,
are
there
any
changes?
If
none
would
there
be
a
motion
to
Grant
approval,
I'll
make
a
motion
to
Grant
approval
of
the
minutes.
Second,
by
marvelous,
all
those
in
favor
we're
here
last
month
raise
your
right
hand.
Okay
motion
carries
five
zero.
C
We
would
more
than
likely
do
elections
next
month
to
replace
whoever
the
vice
chair
like
like.
Maybe
he
would
have
no
open
nomination.
Would
we
want
to
wait
until
we
have
a
new
member
appointed
to
do
that
or
we
can
talk
about
it?
E
C
E
C
Should
have
followed
up
yeah
but
I
encourage
all
citizens,
anybody
who's,
watching
or
listening
if
you're
interested
in
serving
the
city,
there
are
dozens
of
boards
and
commissions,
and
you
can
see
those
online
you
can
put
in
an
application
way
ahead
of
time,
even
if
there's
not
a
vacancy
so
depending
on
who
might
be
interested
or
certainly
our
Council
folks
will
reach
out
to
people
that
care
about
their
community
so
and
I.
Think
all
of
us
that's
been
a
combination
of
how
we
got
here
either.