►
From YouTube: 2-22-23 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, February 22, 2023.
View the agenda: https://DSM.city/ZBOAatHome
B
C
D
All
right
good
afternoon,
ladies
and
gentlemen,
we'll
go
ahead
and
get
started
here.
Welcome
to
the
monthly
meeting
of
the
city
of
Des,
Moines
Zoning
Board
of
adjustment.
D
The
members
of
this
board
are
citizens
of
the
city
of
Des
Moines
and
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'll
introduce
our
board
members
present
today
on
the
audience's
right.
That's
Tom,
desio
next
to
him
is
Dave.
Gare
next
to
him
is
Rhonda
cedillo
on
the
audience's
left
is
Justin.
Gross
next
to
him
is
marvelous
Jones
and
I'm
Mel
pins.
The
board
chair
I'll,
introduce
our
city
staff,
who
will
be
assisting
us
today.
D
Legal
counsel
for
the
zoning
Board
of
adjustment
to
my
left
is
Mr.
Gary
guidelock
I'll
introduce
City
staff,
Frank
Dunn,
Young,
Senior
city
planner,
Bert,
drost,
Deputy,
planning,
administrator
and
Eric
Lundy,
our
zoning
enforcement
officer,
assisting
with
a
meeting
moderation
here.
The
behind
the
scenes
stuff
is
Tyler
Hall
and
next
to
him
is
Carlisle
Walder
I'm
going
to
go
over
our
meeting
procedure
here.
For
some
of
you,
this
may
be
your
first
time
in
front
of
us.
D
You
may
hope
it's
your
only
time
in
front
of
us,
but
we'll
kind
of
go
over
how
this
works,
but
we
will
help
you
through
the
process.
So
don't
worry
about
that!
We're
not
going
to
leave
you
behind
on
anything.
The
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.
D
D
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
appellant.
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
has
been
satisfied,
then
the
board
must
Grant
the
relief.
D
D
We'll
then
move
to
the
public
comment
portion
of
the
hearing
on
that
item,
and
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.
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.
D
All
speakers
must
speak
only
from
the
podium
here
at
the
center
of
the
room.
By
the
monitor
there.
They
must
begin
their
presentation
by
first
giving
both
their
name
and
address
that
address
can
be
their
business
or
residence
as
appropriate.
In
the
event,
you
may
need
to
be
contacted
for
legal
notices
that
are
related
to
the
outcome
of
this
appeal.
D
Finally,
this
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.
D
All
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
is
part
of
the
permanent
record.
If
you
plan
to
present
anything
that
you've
not
already
given
to
City
staff
you'll
need
to
provide
them
with
an
appropriate
copy
of
that
and
you
may
contact
City
staff
after
the
hearing.
If
you
need
a
copy
of
anything,
that's
been
presented
today.
D
Finally,
just
some
housekeeping
items:
please
avoid
any
undue
conversation
in
the
audience
so
as
to
limit
distractions
during
the
hearing,
you're
doing
a
fine
job
with
that.
Please
also
ensure
your
cell
phone
has
been
silenced.
If
you
need
to
use
a
restroom
just
walk
through
the
doors
here,
you
don't
have
to
go
downstairs.
There's
restrooms
just
past
the
staircase
on
your
left.
D
We've
only
got
a
couple
items
today,
so
we
shouldn't
need
to
take
a
break
in
the
hearing,
but
if
we
would
get
to
three
o'clock
or
so
we'll
take
a
five
minute
break
so
we'll
get
back
to
our
agenda
here.
I'll
turn
this
over
to
our
city
staff.
So
we
can
begin
the
hearing
this
afternoon
and,
first
and
foremost
based
on
The
Apprentice
agenda.
Do
we
have
any
changes
to
the
agenda?
Yeah.
E
D
E
So
chair
members
of
the
board
again
for
Ross
planning
staff
for
the
city
item
number.
One
is
a
request
for
a
conditional
use
that
would
allow
for
sales
of
alcohol
by
a
theater
type
use
within
the
lower
level
of
a
building
downtown.
The
subject
property
is
located
at
500,
Locust
Street,
so
on
the
southwest
corner
of
locust
and
Fifth
Avenue.
So
just
to
the
west
of
Capitol
Square,
here's
a
photo
of
the
building
you
can
see.
E
There's
commercial
on
the
main
level
with
parking
garage
above
and
then
in
the
lower
level,
is
a
space.
If
you're
familiar
with
the
slaughterhouse
haunted
house,
that's
there
in
October
of
each
year,
but
they're
wanting
the
conditional
use
that
would
allow
them
to
use
the
space
downstairs
for
like
a
theater
or
events
space
with
alcohol
sales.
So
here's
a
sketch
that
they've
provided
it's
about
a
2
000
square
foot
area.
They
would
have
a
stage
with
fixed
seating
and
again
this
would
only
operate
during
the
months
that
the
haunted
house
use
is
not
going
on.
E
So
it's
just
November
through
September.
So
every
month,
blood
October,
our
staff
recommendation
is
in
support.
We
felt
they
satisfied
the
criteria
necessary
for
granting
the
conditional
use.
We
did
recommend
several
conditions.
I'll
just
highlight
the
key
ones,
so
we
just
said
that
any
sale,
the
first
one
is
any
sale
of
alcohol
must
be
by
business
that
operates
as
a
theater
or
a
similar
type
use
that
fits
within
the
small
assembling
entertainment
use
category.
Another
condition
I
want
to
point
out,
is
number
three
that
they
can
only
operate
between
the
hours
of
four
o'clock.
E
P.M
and
2
o'clock
am
on
any
Friday
or
Saturday
during
the
months
of
November
through
September,
and
then
the
fifth
one
Eric
Lundy
can
speak
to
the
enforcement
issues,
but
they
are
out
of
compliance
with
their
site
plan.
So
we
have
recommended
a
condition
that
says
prior
to
issuance
of
any
liquor
license.
The
site
must
be
determined
to
be
in
compliance
with
site
plan
requirements
and
then
with
any
conditional
use.
E
E
And
then
here's
the
consent
map
we
did
get
one
card
in
support,
which
is
for
the
property
to
the
South
and
I'll.
Just
I
know
that
last
month
we
had
some
confusion
over
what
these
two
red
rings
are.
The
first
Red
Ring
just
represents
a
200
foot
buffer
from
the
subject
property
and
then
the
outer
ring
represents
a
250
foot
buffer.
E
The
250
foot
is
what
we
notify,
so
so
really
in
this
case
the
outer
ring
is
most
important,
and
this
is
that
card
from
Blackbird
investments
in
support,
and
then
this
is
just
as
quick
summary
of
their
neighborhood
Outreach.
They
were
required
to
hold
a
neighborhood
meeting,
but
they
didn't
have
any
buddy
attend
that
neighborhood
meeting.
So
okay,
I
guess.
That
concludes
my
presentation.
Were
there
any
questions
for
me.
D
I
just
have
kind
of
just
two
basic
ones.
The
first
one
would
be
so
it
looks
like
this
small
performance.
Theater
looks
like
a
fairly
limited
number
of
seats
there.
But
when
you
look
at
occupancy
the
number
of
people
coming
to
an
enjoy
event,
is
it
based
on
the
number
of
seats
provided?
Is
it
based
on
square.
E
F
Hello,
I'm,
Cody
Christensen,
the
permit
development
administrator
I
can
speak
a
little
bit
about
the
occupancy
calculation
for
this.
For
this
use
it
varies
depending
on
the
layout.
So
when
we're
looking
at
doing
the
permit
code
review
for
this
type
of
a
function,
if
we
have
fixed
seats
that
will
be
based
on
seven
square
feet
per
person,
okay,
so
we'll
make
an
occupant
load
calculation.
Based
on
that,
if
there
are
other
proposed,
Arrangements,
say
mixed
tables
and
chairs,
then
it's
15
square
foot
per
person.
F
D
And
I
didn't
ask
this
question
just
because
I
saw
that
you
were
here
to
get
you
to
come
up
here,
but
related
to
that
then
I
see
with
staff
recommendation
item
12
as
a
condition
all
applicable
building
and
fire
codes
will
need
to
be
met
on
all
permits.
So
so
that
would
take
care
of
a
lot
of
that
that
what
they're
proposing
relates
to
what
their
occupancy
will
be
is
that
right
for
seating
and
layout?
Yes,.
D
Right
all
right
and
thank
you
Cody
second
question
was
there
was
something
mention
about
zoning.
Should
we
have
Eric
talk
to
that
at
this
time?
First,
if.
D
G
That,
yes,
I,
know
that
some
of
the
questions
were
revolving
around
other
properties
owned
by
the
same
owner,
but
in
this
case
I
think
the
board
would
only
be
considering
this
property
in
a
previous
modifications
to
the
building
involving
the
main
floor
use
triggered
the
requirement
for
a
site
plan
that
was
reviewed
and
approved
by
the
city
staff
and
following
that
there
was
not
a
demonstration
of
complete
compliance
with
this.
The
site
plan
mostly
Landscaping
items
on
the
on
the
streetscape.
G
In
this
case,
those
in
themselves
aren't
going
to
be
enough
for
us
to
hold
up
an
occupancy
of
the
space
in
the
building
okay,
but
they
don't
have
a
permanent
certificate
of
zoning
compliance
and
occupancy
for
that.
That
alteration,
so
then,
now
they're
proposing
another
alteration
in
the
building
in
the
basement,
which
adds
a
different
occupancy
as
well,
so
essentially
we're
looking
at
the
same
process
that
they're
going
to
have
to
be
reviewed
for
their
site
plan.
G
In
the
meantime,
our
we
treat
because
of
the
nature
of
the
cost
of
the
improvements
that
they're
still
deficient.
We
treat
that
as
a
civil
Equity
case.
So
it's
not
a
civil
infraction
where
we're
going
to
have
fines
involved,
but
rather
we
want
to
be
able
to
require
the
owner
to
make
the
improvements
under
the
site
plan
and
if
they
choose
not
to,
then
we
can
pursue
further
legal
action
for
showing
of
no
cause
where
it's
possible.
G
You
know
that
the
city
would
step
in
and
make
the
improvements
and
charge
that
to
the
owner
at
some
point,
but
that
that's
an
extreme
example
I
think
our
hope
is
that
we
get
compliance
of
things
before
and
certainly
in
this
case,
the
board
has
the
ability
to
put
a
condition
that
they
won't
be
issued.
Their
liquor
license
until
they've
demonstrated
that
they've
met
all
the
requirements
for
their
occupancy.
So.
H
G
D
I
I
We
really
became
aware
of
this
during
the
application
process
for
the
cup,
so
we're
an
active
conversation
with
the
landlord
to
get
the
issues
addressed
under
anticipation
that
it
would
likely
be
at
the
board
would
require
decide
to
plan
to
come
to
compliance
before
we
could
get
our
liquor
license.
So
we're
going
to
actively
work
with
the
landlord
on
this.
That
space
is
been
in
same
tenant
for
quite
a
while.
I
It's
an
experienced
operator
we're
not
aware
of
any
nuisance
issues,
police
calls
or
any
any
of
the
things
that
matter
in
Miller's
here
you're
going
to.
Let
him
speak
just
a
few
minutes
on
just
the
concepts
you
understand
what
he,
what
he
plans
to
do
the
space,
but
you
know
practical
now
this
isn't
people
going
down
there
throwing
parties.
These
are
people
coming
down
to
see
a
play,
to
see
a
performance
and
and
have
the
opportunity
to
to
drink
while
they,
while
they
do
so,
but.
J
Yeah
Ian
Miller
604,
Locust,
Street,
Suite,
305,
Des,
Moines,
Iowa,
50309,
so
yeah
thanks,
gentlemen
and
ladies
aboard
every
time.
Today,
it's
essentially
as
Lloyd
said
we
are
using
a
smaller
area
within
an
already
functioning,
theatrical
attraction,
The
Slaughterhouse
to
have
a
different
type
of
theatrical
event,
as
you
know,
and
so
the
essentially
I
I'm
not
sure
about
the
nuisance
report.
J
But
we
we
run
about
12
to
14
000
people
through
the
slaughterhouse
haunted
attraction
throughout
the
October
season,
and
we
we
have
on
duty
police
officers
and
we
have
internal
security
officers
throughout
the
entire
show.
We've
never
received
a
nuisance
complaint,
so
I'm
I'm
kind
of
confused
as
to
that
when
it
comes
to
the
aspect
of
the
site
plan.
J
Stuff
I
am
in
active
engagement
with
the
landlord
and
if
they
are
not
willing
to
take
that
on
themselves,
we
are
going
to
take
that
on
as
a
project
cost
to
ensure
that
we
can
go
forward
with
this
project.
The
theater
allows
us
to
provide,
of
course,
further
entertainment
throughout
the
year,
which
makes
our
business
more
viable
going
forward,
as
we'd
like
to
expand
and,
of
course,
continue
to
create
more
theatrical
experiences
throughout
the
city.
J
D
Okay,
all
right!
Thank
you,
gentlemen.
Thank
you,
sit
down
and
we'll
see
what
the
audience
has
to
say.
Is
there
anybody
here
to
speak
in
support
of
the
applicant's
request
anybody
wants
to
speak
in
support
just
step
on
up
seeing
none
anybody
here
to
speak
in
opposition
to
the
applicant's
request
or
anybody
in
neutrality.
D
Seeing
none,
then
any
further
questions
for
staff
on
anything
and
Eric.
You've
addressed
us
anything
else:
okay,
if
you're
good,
all
right
and
we'll
close
the
public
portion
and
go
to
board
deliberation.
H
Chair
it
sounds
like
you
know.
If
there's
any
issue,
that's
just
related
to
the
landscaping
or
the
site
plan,
and
it
seems
like
there's
mechanisms
in
place
to
address
that.
If
they're
out
of
compliance
as
Eric
Lundy
indicated
so
I'm
I
feel
very
comfortable
moving
forward
with
the
staff
recommendation,
along
with
the
conditions
laid
out.
K
Can
we
make
a
friendly
amendment
to
this,
to
the
conditions
to
include
what
Eric
I
think
Eric's
concerned
about
the
landscape
and
even
taking
place,
and
it
sounds
like
we
have
some
recourse
with
that
that,
as
it
relates
to
a
liquor
license,
we.
G
K
G
So
I'll
give
you
a
quick
rundown
of
the
process
so
when
they
would
go
to
apply
for
their
liquor
license,
we
require
an
inspection
through
zoning.
One
of
those
is
going
through
the
conditional
use
items
which
would
include
the
site
plan
in
this
case
so
comply.
If
the
site
plan
were
not
in
compliance,
we
would
not
be
able
to
sign
off
on
that
for
the
liquor
license.
At
that
point,.
G
What
I
think
we're
in
good
shape
with
the
way
it's
in
here
in
terms
of
our
ability
to
enforce
I,
think
that's
already
built
into
the
code,
so
I
don't
think
we
have
to
add
specifics
on
our
ability
to
enforce.
D
That
works
with
you,
Dave,
okay,
all
right
and
just
as
a
nod
to
the
applicant
five
makes
sense
to
you
guys
too
you're,
just
not
yes
or
no.
Okay,
all
right.
Okay,
all
right
I
think
that
everybody's
on
the
same
page,
okay,
but
glad
to
have
that
mentioned
Dave
just
for
clarification,
so
was
that
an
official
motion
by
it.
D
All
right,
so
we
got
a
motion
by
Justin
second
by
Dave,
to
approve
the
request
conditional
use
subject
to
the
staff
recommendation
and
conditions
present.
All
those
in
favor
raise
your
right
hand
say:
aye.
Okay
motion
carries
6-0
all
right.
You
guys
keep
working
on
that
work
on
that
site
plan
and
keep
her
going
thanks
for
coming
in
okay
and
to
item
number
two,
a
conditional
use
request
at
48.15,
Grand
Avenue.
L
Good
afternoon,
chair
members
of
the
board,
Frank
Dunn's
planning
staff,
the
the
use
being
presented
at
4815
Grand
Avenue,
is
a
temporary
use
of
the
garage
and
rear
yard
of
the
property
for
a
maximum
six
events.
Each
year
between
January,
1st
and
November
30th,
where
the
events
would
be
related
to
an
accessory
Art
Studio
on
the
residential
property.
L
L
L
And
here
is
the
site
sketch
or
the
layout
of
the
garage
that
was
submitted
as
as
part
of
the
site
sketch.
So
it's
you
know
I
approximately
20
feet
give
or
take
along
the
other
side.
L
Went
too
far,
and
so
staff
is
recommending
approval,
along
with
conditions
the
host
is
intending
to
have
the
events
to
celebrate
artists
and
showcase
them
as
they
pursue
their
trade.
The
applicant
has
indicated
that
they
only
intend
to
have
one
event
each
month.
Events
would
be
free
of
charge.
L
The
refreshments
would
also
be
that
would
be
provided
those
would
be
free
as
well.
It
would
be
invite
only
they
anticipate
there
being
approximately
20
to
50
participants.
L
The
hours
that
they
generally
would
operate
would
between
seven
to
ten.
So
for
that
three
hour
period,
all
the
folks
that
would
be
coming
would
be
directed
to
Pope
Park
on
Polk
Boulevard
or
a
number
of
the
residents
are
within
the
local
area,
so
their
neighbors
and
and
they'd
be
walking
to
the
premise
as
well,
and
so
as
as
part
of
Staff,
you
know
one
of
the
in
terms
of
the
artist
studio
the
temporary
occupancy
permit.
L
L
It
was
determined
that
it
need
to
be
elevated
to
what
we
call
a
Type,
3
home
occupation,
and
so
the
temporary
use
is
here
in
front
of
us.
There
are
criteria
that
indicate
supplemental
regulations
for
type
3
home
occupations
which
limit
the
hours
of
operation,
limit
the
number
of
clients
or
customers
and
limit
the
number
of
non-residents.
L
And
so,
as
we
were
considering
this
project
and
considering
approval,
we
did
recommend
approval
with
conditions
I'd
like
to
point
out
just
a
couple
of
the
conditions:
real
quickly
I'll
zoom
in
so
you
can
see
those,
and
so
the
the
first
one
temporary
use
for
the
events
would
be
valid
for
a
five-year
period
to
end
November,
30th
2027..
At
that
time,
they
they
would
have
the
opportunity
to
come
back
and
request
another
conditional
use
all
right,
temporary
use.
L
In
addition,
I'd
like
to
point
to
our
condition
for
which
indicates
the
June
1st,
through
November
30th,
with
one
maximum
of
one
event
each
month,
then
I'd
also
like
to
point
to
five
as
it
really
Reigns
in
the
hours
of
operation,
so
Saturdays
and
Sundays
are
Sunday
through
Thursday.
We
look
at
6
p.m.
To
9
p.m,
whereas
if
the
event
were
on
a
weekend,
it
would
be
7
pm
to
10
pm
foreign.
L
As
always,
the
zoning
enforcement
officer
would
have
the
opportunity
to
if,
if
the
use
became
a
nuisance,
to
bring
it
back
for
reconsideration.
L
Here
is
a
copy
of
or
a
photo
of,
the
consent
map.
As
you
can
see,
we
have
four
property
owners
that
indicated
support
for
the
project
and
one
property
owner
that
is
in
opposition.
The
ring,
as
noted
in
the
previous
presentation,
the
inner
ring
is
for
zoning
purposes.
Then
it's
for
200
feet
around
the
property.
The
notification
area,
however,
is
that
ring
second
ring
matches
250
feet
here.
Are
the
comment
cards.
L
B
L
L
The
applicant
did
hold
a
couple
neighborhood
meetings
and
they
did
not
no
one
showed
up
in
attendance.
However,
they
they
were
contacted
by
someone
who
was
in
support.
D
L
D
L
D
L
And
then
my
my
assumption
is
that
this
being
the
home's
property,
this
is
where
the
outdoor
activity
would
occur.
Okay,.
D
B
G
Wanted
to
point
that
out
end
districts
are
limited.
The
only
sound
permits
that
can
be
granted
in
in
districts
are
based
on
street
closure.
A
G
Party
or
something
yes,
so
I
think
when
we
look
at
that
condition
and
the
staff
report,
the
type
A
is
really
not
the
right
type
that
would
be
applied.
If
that
was
the
case,
they're
going
to
be
very
limited
in
being
able
to
get
a
sound
permit.
To
be
honest
with
you,
okay,
it's
going
to
involve
a
street
closure
to
do
it
in
the
end,
District,
okay,
yeah.
G
Now
that
said,
non-amplified
sound,
like
acoustic
performances,
yes,
is
regulated
differently
by
The,
Sound
Ordinance,
you
don't
require
permits,
but
it
has
to
be
kept
at
levels
that
don't
create
a
noise
disturbance.
Okay,
which
is
there's
a
number
of
criteria
in
the
in
the
sound
noise,
Control
Ordinance,
which
guide
us
in
in
how
that
gets
enforced.
So,
okay,
I
guess,
if
there's
concerns
from
the
board's
perspective,
I
would
definitely
reference
compliance
with
chapter
42,
yep.
G
Of
what
what
which
route
they
want
to
pursue
all
right?
My
experience
with
enforcing
in
residential
situations
is
that
non-amplified
is
always
going
to
create
the
least
amount
of
impact
on
neighbors
yeah.
G
D
And
Eric
and
Central
up
there
in
a
situation
like
this
I
mean
I.
You
know,
I
I
have
to
put
a
real
fine
lens
on
this
kind
of
stuff
when
we're
in
an
end,
District
I,
just
think
of
people
coming
to
a
site
coming
to
a
garage
coming
to
a
backyard
using
a
driveway
space.
Where
do
we
have
those
kinds
of
things
happen
in
neighborhoods
that
are
business
related?
Oh,
a
garage
sale.
How
many
garage
sales
can
a
person
have
per
year
so.
G
D
G
G
So
this
this
is
in
front
of
you
because
it
originally
there
had
been
a
complaint.
My
inspector
looked
into
it
yeah
I
believe
there's
a
lawfully
established
home
occupation
which
would
fall
under
the
what
we
call
no
impact
now
based
on
state
code.
It
would
definitely
fall
within
the
type
one.
The
way
our
code
is
written,
yeah
tech,
one
home
occupation,
which
doesn't
require
any
type
of
review
or
permit
application.
It
allows
home
office
home
artists,
those
type
of
things.
G
The
minute
you
start
bringing
people
to
the
location
for
business
type
activity,
I
mean.
Certainly
people
can
have
their
own
parties
and
we
don't
do
anything
with
that
right
right,
which
that
was
sort
of
conveyed
to
me.
But
but
my
interpretation
was
that
there's
definitely
a
business
relationship
going
on
here.
Sure
in
this,
so
I
wasn't
prepared
to
say
that
was
acceptable
to
have
these
parties
where
we're
bringing
people
to
the
property.
G
When
you
look
at
the
type
two
and
three
home
occupations
in
the
code,
I
think
they
were
running
into
some
issues
that
were
going
to
drive,
variance
requests,
possibly
with
some
of
the
things
in
terms
of
the
hours
and
so
forth,
so
that
temporary
use
was
actually
looked
at
as
one
of
the
options
to
sort
of
manage
this
and
restrict
it.
G
That
can
actually
be
approved
administratively.
But
I
didn't
believe
in
this
case
that
it
was
at
a
level
that
met
the
administrative
level
that
I
could
approve
temporary
use.
So
then
the
way
the
code
reads
is
that
they
are
able
to
then
apply
for
a
conditional
use
to
the
board
and
have
that
considered
and
and
from
my
perspective,
I
think
that's
the
best
way
to
manage
the
proposed
activity
this
doesn't
take.
You
know
anything
that
happens
here,
won't
remove
their
ability
to
continue
having
an
artist's
studio
in
their
home,
or
something
like
that.
D
Thank
you
all
right,
thanks,
Eric,
okay,
all
right
all
right
anything
else
for
staff,
and
we
may
we
we
may
come
back
to
that
after.
We
have
some
testimony
here,
but
we'll
turn
it
over
to
the
applicant.
So
you've
got
up
to
10
minutes
to
present
your
reasoning
for
your
requests.
We
need
you
to
start
first
with
your
name
and
address
is
appropriate.
N
My
name
is
Garrison
Bo
Scott
I,
along
with
my
wife
own
and
reside
at
4815
Grand
Avenue
before
I
share
our
statement,
we'd
like
to
correct
four
points
from
the
staff
report
and
recommendation
that
we
received
from
the
board
our
home
is
not
a
single
story.
It's
two
stories
with
an
attic
While,
most
of
our
attendees
are
invited.
There
is
the
possibility
that,
through
word
of
mouth
or
other
means
someone
finds
out
about
and
attends
our
event
on
their
own.
N
While
we
strive
to
promote
artists
working
in
and
from
Iowa,
we
feel
it's
just
as
important
to
promote
artists
from
outside
the
area
so
as
to
introduce
those
who
attend
our
exhibitions
to
the
art
they
might
not
otherwise
be
able
to
experience.
As
of
this
date,
we've
achieved
about
a
50,
50
split
in
addition
to
Polk
Boulevard.
We
have
also
suggested
blank
Parkway
adjacent
to
the
art
center
on
the
west
as
a
place
to
park,
while
encouraging
all
who
can
do
so
to
take
the
time
to
walk
to
our
event.
N
N
Those
conversations
continued
in
Santa
Barbara,
where
I
finished
my
degree
in
photography
onward
to
San
Francisco
across
the
country
to
Boston
and
then
in
2009,
when
we
moved
finally
to
Des
Moines
bringing
our
story
full
circle.
When
we
bought
our
home
at
4815,
it
was
the
rare
occurrence
of
reality
exceeding
fantasy,
a
dream.
N
I
didn't
know:
I
wanted
until
it
came
true,
it's
the
home
where
we
raised
our
children
and
continued
our
conversations
about
art
and
The
Human
Experience
is
expressed
through
all
the
mediums
used
to
share
what
we
as
humans,
find
beautiful
and
when
we
ran
out
of
words
or
they
failed
to
suffice.
We'd
walk
across
the
street
to
the
art
center
and
stand
in
awe
of
what
can
be
done
when
brush
meets
canvas.
Light
meets
film
and
a
soul
meets
its
calling
throughout
our
journey.
We've
done
more
than
just
talk
about
art.
N
N
When
it's
grip
relented,
we
realize
that
we
might
be
onto
something
and
so
I
approached
a
friend
about
exhibiting
his
Photography
in
a
Solo
exhibition
that
we'd
host
in
our
backyard.
Everything
about
that
night
reinforced
the
idea
that
ours
was
a
special
setting
and
then
our
newly
painted
white
walls
were
just
as
good
as
any
other
gallery.
N
Last
year
we
hosted
five
such
evenings
once
a
month
from
June
through
October,
featuring
photography,
drawing
sculpture,
paintings
and
designer
toys,
artists
from
Iowa
Nebraska,
Wisconsin
and
California
were
showcased
every
word
the
attendees
shared
with
Heather
and
I
over
the
course
of
those
five
nights
spoke
of
joy
and
amazement
and
appreciation
for
our
efforts.
A
common
question
was:
why
isn't
there
more
of
this?
N
We
had
booked
six
more
shows
for
2023.,
so
it
is
with
that
anticipation
and
excitement
and
love
of
this
experience
that
we
asked
the
board
to
Grant
a
temporary
use
permit
so
as
to
continue
to
share
our
passion
of
art,
with
our
friends
and
Neighbors,
to
be
able
to
Showcase
The
Works
of
those
who
might
not
be
able
to
crack
the
door
open
of
a
more
traditional
Gallery
setting
and
give
them
the
opportunity
they
and
their
art
suggest
they
deserve.
Thank
you.
D
N
Right,
I
I,
have
it
I
have
two
statements
of
support
from
people
who
could
not
attend.
I
was
hoping
to
use
some
of
my
10
minutes
to
read
these
to
you
yeah,
it's
your
10
minutes,
there'll
be
two
to
whom
it
may
concern.
Please
forgive
me
for
not
being
able
to
show
up
to
your
hearing
today
in
person
we
have
an
employee
that
is
stuck
in
Waterloo
and
will
not
be
able
to
be
back
for
me
to
leave
the
store.
N
I
would
just
like
to
explain
to
the
zoning
board
how
important
I
believe
the
gallery
is
to
our
group
of
people.
We,
as
a
group
from
Christian
Photo,
have
been
to
both
photography
events
and
enjoyed
everything
about
it.
We
have
told
many
customers,
and
also
many
camera
clubs
who
all
jumped
on
board
sharing
the
great
events.
N
The
last
Gallery
I
attended
also
inspired
a
young
man
to
find
his
deceased
father's
camera
a
hazelblad
and
we're
not
photographing
with
his
mother
all
because
of
Garrison's
gallery.
We
know
a
few
people
in
the
art
community,
however,
mostly
are
in
the
photography
world
and
both
spoken
to
us
about
how
they
can't
wait
until
the
next
show.
I
only
hope
that
you
will
allow
this
event
to
continue
to
happen
for
the
new
people
and
for
the
people
in
the
community.
They
really
need
a
place
to
connect
and
find
a
new
way
of
doing
things.
N
N
The
next
statement
will
be
from
an
artist
who
is
scheduled
to
exhibit
her
work
in
June.
Her
name
is
Tatiana
ginsenti
originally
from
France.
She
now
resides
in
Des
Moines,
to
whom
it
may
concern
I'm
writing
this
letter
to
express
my
strong
support
for
gallery
4815
the
latter
to
remain
open
for
future
art,
pop-up
and
exhibitions
as
a
Des,
Moines,
Enthusiast,
art
lover
and
local
artist,
photographer
I'm,
a
loyal
devotee
of
this
independent
Gallery.
N
Not
only
does
the
gallery
showcase
incredible
unseen
and
eclectic
artists
from
the
meticulous
owner's
selection,
but
is
also
a
place
where
visitors
can
meet
with
the
local
community,
listen
to
folk
music
and
enlarge
our
art.
Network.
Opening
receptions
at
Gallup,
4815,
Des
Moines,
are
delightful
events
that
offer
culture
great
conversation
and
opportunities,
there's
more
to
her
letter,
but
I
feel
that
suffices.
D
Okay
Garrison,
would
you
be
willing
to
take
a
few
questions
from
the
board?
Of
course,
anybody.
D
Once
playing
twice,
I've
always
got
questions
I,
just
let
my
my
members
go
first.
If
they
have
some
give
us
a
nice
presentation,
I
like
to
get
down
to
some
nitty-gritty
things
on
questions,
shared
driveways,
I
sure
wouldn't
want
to
have
one
what
a
pain
I'm
sure
that,
however,
this
shared
driveway
works.
There
are
legal
easements
as
part
of
your
property
records
or
abstracts,
but
how
would
you
preserve
your
neighbor's
access
to
their
property
with
their
vehicles
while
you're
having
one
of
these
events.
N
D
Okay,
all
right-
and
you
know
you
have
rights
to
access
your
property
with
that
driveway
too.
But
you
know
if
somebody
came
in,
let's
say
to
unload
some
furniture
from
Homemakers.
They
would
be
able
to
pull
in
sufficiently
far
enough
to
unload
that
and
not
block
the
driveway.
For
that
other
person's.
N
D
N
Well,
the
2018
shows
were
sparsely
attended,
but
we.
N
The
show
in
October
was
our
least
attended,
show
I
think
some
of
that
had
to
do
with
the
nature
of
the
weather.
It
was
very,
very
cold
that
night,
as
well
as
the
artist
being
from
Lincoln
Nebraska,
so
not
a
home
base.
D
N
Correct
correct,
while
owning
and
operating
a
traditional
gallery
has
always
been
a
dream
of
ours.
N
A
number
of
factors
went
into
it
number
one,
the
cost,
it's
expensive
to
rent
property,
sure
and
I've
come
around
to
believing
that
our
space
is
kind
of
a
magical
spot.
You
won't
get
the
experience
in
a
traditional
White,
Glove
white
wall,
gallery
that
you
do
at
our
property
lights
in
the
trees
outside
grass,
a
nice
gallery
on
the
inside
of
the
garage.
N
K
N
D
C
Good
afternoon
my
name
is
Kyle
Kerwin
and
I
live
at
219
East
Grand
Street
here
in
Des
Moines
I
would
like
to
offer
my
support
for
this.
I
only
have
anecdotal
evidence,
so
I
hope.
That's
okay,
but
I
recently
moved
to
Des
Moines
about
a
year
ago,
and
one
of
my
first
events
that
I
attended
was
one
of
these
events.
C
I
moved
to
Des
Moines
in
search
of
an
art
team
I
have
a
studio
at
Mainframe
and
as
bo
Garrison.
As
you
know,
him
said
this
is
a
very
unique
event.
There's
not
a
lot
of
other
events
that
occur
in
the
art
world
that
are
sort
of
similar
to
this.
It's
it's
more
like
a
networking
garden
party
with
like
art
events.
C
So
the
the
atmosphere
is
very
different
than
like
a
traditional
Gallery
like
a
lot
of
people's
guards,
kind
of
feel
let
down,
and
you
got
to
get
to
experience
a
different
aspect
of
the
local
art
scene
and
I
feel,
like
that's
a
a
very
important
way
to
embrace
and
grow
sort
of
that
scene.
I've
lived
as
Bo
has
on
both
coasts,
most
recently
from
New
York,
and
have
seen
underground
art
scenes
Thrive
and
push
art
into
a
more
contemporary
sense
throughout,
like
local
environments
and
I.
C
Think
it's
a
really
strong
position
to
take
for
local
spaces
to
have
Outlets
like
this
I
have
been
to
a
number
of
these
events
and
they
are
very
subdued,
very
kind
of
quiet,
and
they
do
stay
to
both
side
of
the
property
if
that
means
anything
from
a
in-person
perspective.
So
thank
you
so.
D
B
Welcome
good
afternoon
my
name
is
Brent
Boyd
Boyd
I
live
4829,
Grand
Avenue,
just
next
door
to
the
West
on
the
picture
up
there
from
Bo
and
Heather.
My
wife
and
I
have
had
the
pleasure
of
living
next
door
to
them
since
the
day
they
moved
in
and
in
my
opinion,
no
one
will
ever
find
more
thoughtful
and
conscientious
neighbors.
B
We
feel
blessed
part
of
the
reason
we
feel
that
way
is
not
just
in
our
day-to-day
experiences
and
travels
with
with
these
fine
folks
next
door,
but
is
part
of
that
is
Gallery
nights
over
the
last
few
years
have
just
been
inspirational
living
across
the
street
from
the
art
center.
I
can't
think
of
a
better
place
to
expose
other
people
in
the
neighborhood
and
friends
of
ours
to
original
artwork,
whether
it
be
from
locals
or
people
that
Beau
and
Heather
have
been
able
to
to
bring
in
and
and
share
with
everybody.
B
Last
year,
Beau
and
I
put
in
a
six
foot
wide
by
25
foot,
long,
brick
and
Limestone
patio
to
make
it
more
accessible
for
us
to
get
to
each
other
in
the
summer
Gallery
nights,
it's
just
a
beautiful
time
of
year
for
people
to
get
together,
neighbors,
friends
and
I
can
say,
I've
been
to
every
one
of
them
and
have
not
heard
seen
for
ourselves
or
heard
of
any
issues,
whether
it
be
noise
or
anything
negative
at
all
about
the
whole
experience,
it's
just
a
beautiful
way
for
neighbors
and
friends
to
get
together
and
enjoy
some
original
artwork
and
and
have
beautiful,
thoughtful
conversations,
and
that's
about
it.
O
Thanks
for
everyone's
consideration
here,
my
name
is
Scott.
Henderson
I
live
at
2742,
220th
Street
in
Winterset.
We
no
longer
live
in
Des
Moines,
although
I
lived
and
worked
in
Des
Moines
met
my
wife
in
Des
Moines
and
bought
my
first
house
on
Des
Moines
south
side.
O
So
I
still
consider
myself
a
member
of
this,
this
community
of
Des
Moines
here
so
I'm
one
of
the
artists
who
had
the
privilege
of
having
a
show
at
4815
this
year
in
August
I,
can't
tell
you
how
important
this
experience
was
for
me
as
an
artist
as
an
artist,
you
create
sculptures
that
are
meant
to
be
outside,
there's
no
better
venue
anywhere
than
a
beautiful
home
and
a
beautiful
backyard
in
a
beautiful
neighborhood
and
I
relish
the
opportunity
to
share
my
work
with
family
and
friends.
O
I
was
also
able
to
connect
with
other
artists
and
art
lovers
in
the
art
community.
August
12th
was
one
of
the
best
nights
of
evenings
of
my
life
honestly,
Heather
and
Beau
are
amazing
and
beautiful
people
they've
embraced
Des,
Moines
and
chose
to
live
here.
O
They've
wholeheartedly
embraced
their
task
of
growing
Building,
Des,
Moines,
Art,
community
and
they've
leaned
in
and
offered
their
homes
and
their
hearts.
To
this
end,.
O
M
Michael
kugel
341,
49th,
Street
Live
about
a
block
away
from
Garrison
and
Heather.
Speaking
in
support
of
the
event
we've
been
to
my
wife
and
I
have
been
to
three
or
four
events:
I
think
it
was
described
as
a
garden
Network
party,
with
exposure
of
various
artists
and
I
I
would
say
that
that's
pretty
good
character,
characterization
of
it
I
had
a
chance
to
meet
some
wonderful
people
who
have
not
had
a
chance
to
meet.
Otherwise
both
artists
and
non-artists,
and
it
just
speaks
to
you,
know
Harrison
and
Heather.
M
H
D
Seeing
none
is
there
anybody
that
wishes
to
speak
in
opposition
to
the
applicant
anybody
in
neutrality
throughout
my
Switzerland
comment:
I'm
seeing
none
do
we
have
any
further
questions
for
staff.
D
Dave's,
leaning
forward
pensively
question:
no
okay,
all
right.
Okay,
no
questions
for
staff,
then
I
think
we
can
close
the
public
portion
and
go
to
board
deliberation.
K
I
I
make
I'd
make
a
motion
for
staff
recommendation.
It's.
Obviously
these
guys
are
super
passionate
about
this.
They
got
a
great
following:
I
live
in
a
neighborhood,
just
like
this
not
too
far
away
so
I
may
find
one
of
your
events.
One
time
sounds
kind
of
cool.
Actually
I
may
Wander
over
there.
One
day
when
I
find
out,
you
have
another
new
bed:
I
don't
live
too
far
from
there,
so
I
can't
walk,
but
no
I
I
think
this
is
a
great
way
to
build
a
sense
of
community
I.
K
Think
it's
important
for
our
community
to
have
more
opportunities,
I
think
to
share
success
like
this,
and
it
sounds
like
it's
done
in
a
real,
peaceful,
professional
manner
that
everybody
would
has
enjoyed
it,
and
it
sounds
like
it's
something.
That's
been
he's
been
able
to
share
some
success
with
others
and
we've
had
you
know,
one
artist
come
speak
that
obviously
this
was.
It
was
very
important
to
him,
so
I
I
think
it's
a
great
a
great
event.
I
I
wish
him
continued
success
with
it.
So
I
I
make
a
motion
for
staff.
D
We
do
have
a
neighbor
who
does
not
like
this.
That
is
the
neighbor
that
is
most
closely
affected.
That
neighbor
submitted
their
comments
in
writing.
Probably
the
most
thorough
letter
I've
seen
in
the
last
few
years.
So
as
much
as
I
like
the
concept
I
have
to
keep
in
mind.
This
is
a
neighborhood.
This
would
be
30
events
in
five
years.
Six
events
a
year
I
feel
it's
a
little
too
intensive
for
this.
This
isn't
just
their
art
at
home.
This
is
other
people
bringing
the
art
in
for
the
events.
D
Other
people
may
come
to
the
event
that
weren't
invited
I
feel
it's
a
little
bit
more
than
my
wife
having
a
tupperware
part
I'm
a
little
concerned
about
it.
Not
everybody
does
like
it.
Everybody
here
likes
it,
but
The
Neighbor,
Next
Door
doesn't
like
it
and
they're
the
ones
that
are
the
closest
to
it.
H
I
think
we
can
address
some
of
Mr
banstra's
concerns
and
I
think
we
can
do
that
by
tightening
up
number
five,
a
little
bit
with
what
Eric
Lundy
pointed
out
by
saying
that
should
be
in
compliance
with
chapter
42
and
take
out
the
section
about
Amplified,
sound
I,
think
that
leads
to
some
confusion
there
and
then,
because
one
of
his
comments
was
about
a
live
band
right.
Obviously
that
would
not
happen
with
some.
You
know
with
this
language.
These
conditions
I
share
your
concern
a
little
bit
about.
H
You
know
that
it's
not
limited,
it's
not
invite
only.
He
said
that
it's
kind
of
welcome
for
everyone.
So
that
means
you
know
over
time
it
could.
It
could
expand
quite
large.
You
know.
One
way
to
address
that
would
be
to
you
know,
decrease
the
number
of
years.
You
know
we
could
maybe
say
two
years
and
see
how
how
things
go.
H
D
G
Well,
I
certainly
think
that
we
have
to
strike
the
type
A,
because
that's
a
type
that
can't
be
issued
in
an
end
District.
So
that's
actually
that
actually
needs
to
be
stricken.
So
that
would
help.
So
if
you
did
want
to
allow
some
type
of
Amplified
sound,
it
would
have
to
comply
with
chapter
42.
That's
a
very
narrow
opportunity
in
the
chapter
for
involved
with
street
closure.
I
think
that's
going
to
be
a
challenge
along
Grand
Avenue.
G
So
when
you
look
at
number
10,
if
we
point
it
back
to
some
issues
with
item
five,
for
example,
that
I
think
we
there's
a
stronger
ability
for
us
to
come
back
with
something.
That's
problematic
that
would
that
might
occur
and
again
I'm,
not
anticipating
anything,
but
should
that
be
the
case?
Some
of
these
things
are,
you
know,
unrealized
fears
at
this
point,
I
think
for
some
folks,
maybe
I'd.
Never
until
we
got
the
complaint,
I
never
had
any
concerns
raised
at
the
zoning
level.
So
you
know
this
is.
D
G
You
did
I
didn't
want
to
Discount
the
neighbor's
concerns
or
anything
like
that.
Sure
number
10
is
really
your
your
ability
to
bring
something
back
and
we've
done
this
with
other
we've
done
it
with
bars.
You
know,
as
you
know,
so
it's
not
like
we're
afraid
to
bring
something
back
to
you.
If
there's
problems.
G
D
K
K
E
K
Would
be
my
now
I'm
I'm
open
to
Friendly
amendments?
Sure
I
think
something
like
that.
If
it's
going
to
be
an
issue,
it's
going
to
come
back
long
before
two
years.
Okay,
sure,
okay,
I,
just
like
having
the
discussion
I'd
be
willing
to
bet
a
lot
of
money.
We
won't
hear
anything
from
these
people
yeah.
H
D
H
D
E
H
Then
have
and
then
have
an
a
one
additional
sentence
regarding
the
compliance
with
chapter
42.
D
G
D
D
Okay,
all
those
in
favor
of
granting
the
request
to
temporary
use,
raise
your
right
hand
say
aye,
one
two,
three
four,
those
opposed
two
okay,
all
right,
so
it
takes
four
votes
to
pass.
So
you
guys
pass
on
that.
D
So
I
wish
you
well
with
that.
We
we
don't
have
further
conversation,
but
you
can
talk
to
staff.
It's
been
passed
so
so
you
guys
are
good
to
go.
I
would
encourage
you
to
reach
out
to
all
neighbors,
including
the
ones
that
share
a
driveway
with
and
offer
them
some
complimentary
introductory
art
so
yeah,
but
please
talk
to
staff.
You'll
you'll
get
a
copy
of
our
decision
in
order
in
about
a
week.
That'll
have
those
conditions
and
if
you
have
any
questions
about
the
conditions,
you'll
have
to
talk
to
staff
on
that.
D
Okay,
all
right!
Thank
you
all
for
coming
in
today.
All
right,
I,
don't
think
we
have
a
lot
of
business.
For
today,
but
we
do
have
minutes
of
the
last
meeting,
so
anybody
who
was
here
at
last
month's
meeting
if
there
are
any
corrections
of
the
minutes,
please
note
those.
If
there
are
none,
would
there
be
a
motion
to
Grant
approval
of
the
minutes,
all
right
motion
by
marvelous
second,
by
Rhonda,
all
those
in
favor
raise
your
right
hand
say.
Aye.
D
All
right
motion
carries
5-0,
because
Justin
was
gone,
any
other
business
we
need
to
do.
Elections
aren't
till
April
and
Rhonda
I
think
maybe
I
might
not
have
been
able
to
tell
you
this,
but
Nathan
Blake
will
be
leaving
the
board
at
after
the
March
hearing.
He
couldn't
be
here
today,
but
he's
moving
out
of
state.
So
next
month's
meeting
will
be
our
vice
chairs
last
after
nine
years,
so
yeah
so
I'm
gonna
make
sure
he
shows
up.