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From YouTube: 4-26-23 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, April 26, 2023.
View the agenda: https://DSM.city/ZBOAatHome
A
A
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
receive
no
compensation
for
their
public
service.
I'm,
going
to
take
a
minute
here
and
introduce
our
board
members
on
the
audience's
right
as
Tom
desio
next
to
him
is
Dave
gare
next
to
Dave
is
Rhonda.
Sedillo
on
the
audience's
left
is
Justin.
Gross
next
to
him
is
marlus
Jones
and
I'm
the
board
chair,
Mel
pins.
A
This
is
normally
a
seven-member
board,
but
we
had
one
member
that
had
resigned
due
to
a
move
out
of
state,
so
we're
waiting
for
a
replacement
there,
but
we've
got
six
of
us
today:
I'll
introduce
our
city
staff,
who
will
be
assisting
us
today
with
our
process
and
procedure.
First
of
all,
the
legal
counsel
for
our
zoning
Board
of
adjustment
to
my
left
is
Gary
guidelock
City
staff
that
will
be
presenting
and
here
for
information
today
are
Frank
Dunn,
Young,
Senior
city,
planner,
Bert
drost,
the
deputy
planning
administrator
and
Eric
Lundy,
the
zoning
enforcement
officer.
A
Our
meeting
moderator
just
down
here
in
front
of
me,
is
Mr
Tyler
Hall,
now
I'm
going
to
go
ahead
and
cover
our
meeting
procedure
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,
so
we'll
help
you
through
the
process
here,
but
I'll
go
ahead
and
explain
how
the
board
works.
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.
A
A
A
copy
of
this
agenda
and
staff
recommendations
were
available
up
here,
as
you
came
in
the
door
in
the
little
the
little
black
trays
there.
If
you
didn't
get
one
of
those
yet
feel
free
to
grab
one
the
board
members,
the
board
is
required
to
base
its
decision
on
each
item
upon
the
criteria
established
by
law
for
the
type
of
relief
sought
by
the
applicant.
The
law
applicable
to
each
case
has
been
identified
in
the
written
staff
report.
A
A
This
will
be
their
one
and
only
opportunity
to
address
the
board
in
regard
to
the
item
at
hand.
Once
all
concerned
citizens
have
spoken,
the
board
will
then
ask
any
additional
questions
of
City
staff.
Finally,
the
applicant
will
be
given
up
to
three
more
minutes
for
a
rebuttal
or
other
closing
comments
if
they
so
choose.
A
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
have
been
satisfied.
Speakers
are
also
asked
to
ensure
that
they
are
respectful
of
time
considerations
if
necessary.
The
board
chair
will
limit
further
comments
by
a
speaker
if
they
exceed
their
time
limitation.
A
A
A
Finally,
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
apply
by
this
board
are
wrong,
you
may
petition
the
city
council
to
change
those
regulations
for
future
considerations.
A
All
material,
written
or
otherwise
used
today,
as
part
of
any
presentation,
is
required
to
be
part
of
the
permanent
record.
So
if
you
have
anything,
you
wish
to
present
today
with
photos,
drawings
or
documents
that
you
haven't
already
given
copies
of
to
staff,
you'll
need
to
do
so,
and
you
may
contact
City
staff
after
the
hearing.
If
you'd
like
a
copy
of
anything
presented
today.
A
Finally,
a
few
housekeeping
items,
please
avoid
any
undue
conversation
in
the
audience
so
as
to
limit
any
distractions
during
the
hearing.
You're
doing
fine.
So
far,
please
ensure
your
cell
phone
has
been
silenced,
good
job
as
well,
and
if
you
might
need
to
use
the
restroom
at
any
time
during
the
hearing
and
just
walk
through
these
doors
walk
past
the
staircase
restrooms
are
on
your
left.
You
don't
have
to
go
back
downstairs.
A
B
Good
afternoon,
chair
members
of
the
board
staff
is
looking
to
have
items
three
four
and
five
put
on
the
consent
agenda.
Tyler
these
items
include
expansion
of
a
conditional
use
at
5901,
fluid
Drive.
This
expansion
is
occurring.
The
applicant
is
proposing
to
add
a
800
square
foot,
building
Edition
to
the
existing
gas
station.
B
That's
there
they
would
be
tearing
down
the
car
wash
to
the
South
and
so
as
part
of
their
expansion
of
the
station,
they
would
need
to
amend
their
conditional
use
to
add
for
to
account
for
the
additional
800
square
feet.
They've
met
all
separation
distances
staff
is
looking
to
have
them
move
to
consent.
B
Item
four
is
located
at
112
Southeast
4th
Street
unit
101..
This
is
the
location
of
the
Twisted
Vine
Brewery
and
recently
State
legislation
has
changed
the
classification
for
liquor
licenses,
so
the
applicant
as
a
micro
Brewery
would
need
to
obtain
a
Class
C
license
which
allows
for
alcoholic
liquor
sales,
and
so
the
applicant
intends
now
to
serve
alcoholic
liquor
as
part
of
that,
but
in
in
order
to
continue
to
operate,
they
must
obtain
the
new
liquor
license
and
to
be
consistent
with
our
code.
B
B
Item
five
is
located
at
111,
East
Grand
Avenue,
Unit
109,
and
this
is
the
location
of
DSM
valves.
It's
an
event
space
that
operates
today
and
they
are
proposing
to
have
sales
of
the
alcoholic
liquor.
Wine
and
beer
fraud,
on-premise
consumption
within
their
1
350
square
foot,
tenant
Bay.
Currently
Caterers
are
responsible
for
obtaining
the
appropriate
requirements
to
sell
alcohol.
B
The
applicant
is
proposing
to
amend
the
conditional
use,
so
they
can
capture
those
sales,
but
so
they
can
also
monitor
the
the
sale
of
alcohol
to
attendees.
At
the
events
there
the
events
range
from
one
hour
to
three
and
a
half
hours
in
length
is
what's
anticipated
and
those
are
the
three
items
that
we
are
requesting
be
moved
to
consent.
A
All
right,
Frank,
just
one
overall
question
on
items:
three,
four
and
five
since
you
did
have
those
on
the
regular
agenda,
was
that
generally
because,
since
they
were
related
to
alcohol
and
with
an
opportunity
for
the
public
to
give
comments
ahead
of
time.
Is
that
why
it's
normally
on
the
regular
agenda
that.
B
Is
correct?
We
would
like
to
see
what
kind
of
representation
from
the
community
comes
forth
and
what
types
of
concerns
are
raised,
along
with
our
Discovery
and
due
diligence
of
The
Proposal,
okay
right,
but.
A
From
staff's
perspective,
since
you
didn't
at
least
prior
to
today's
hearing,
have
any
that
input
or
any
of
your
own
concerns,
that's
why
your
recommendation
is
to
move
those
to
consent,
correct
that
is
correct,
okay,
all
right!
A
I'm
just
going
to
take
a
poll
of
the
audience,
you
don't
have
to
say
anything
but
for
item
number,
three,
which
would
amend
a
conditional
use
for
the
gas
station
there
at
5901
Fleur
for
an
expansion
to
allow
some
sales
of
alcoholic
liquor,
wine
and
beer.
Is
there
anybody
in
the
audience
who
would
object
to
us
approving
that
item?
If
so,
just
raise
your
hand,
that's
all
you
would
need
to
do
at
this
time.
A
Okay,
seeing
none
item
four,
a
conditional
use
permit
request
at
112
Southeast
4th
Street
to
amend
an
existing
conditional
use
related
to
alcohol
for
some
fabrication
and
production
related
to
that
type.
Anybody
here
that
would
object
us
granting
that
conditional
use
for
item
four
okay,
seeing
No
Hands
same
for
item
five
and
conditional
use
request,
related
selling
alcoholic
liquor,
wine
and
beer
for
on-premise
consumption
at
111,
East,
Grand
number
109..
Anybody
in
the
audience
that
would
object
us
granting
those
approvals.
A
A
All
right
move
my
mar
list
all
right,
a
second
by
Rhonda,
all
those
in
favor
raise
your
hand,
say
aye,
aye,
all
right,
so
motion
carries
six
zero.
So
now
we'll
go
back
to
the
actual
consent
agenda
item,
one
that
was
on
consent
is
a
conditional
use
request
at
1907
Carpenter
anybody
here
in
the
audience
that
would
object
us.
Granting
that
again,
just
raise
your
hand,
say
I.
A
Seeing
none
item
two
is
a
conditional
use
request
at
217,
East,
2nd
related
to
some
parking
lot.
Use
anybody
object
to
that
one:
okay,
seeing
none!
Then
we
have
items
one
two,
three
four
and
five
on
consent.
Unless
the
board
has
any
other
questions
on
those.
Would
there
be
a
motion
to
Grant
approvals
on
items,
one
through
five
subject
to
staff
recommendations
all
right?
A
Oh,
she
plays
in
well,
okay,
all
right
so
motion
by
Marla.
Second,
by
Rhonda,
all
those
in
favor
say
aye
aye.
All
right
motion
carries
six
zero.
So
if
you
were
here
for
items
one
through
five,
those
have
been
approved
and
in
about
a
week
you'll
get
a
signed
copy
of
your
approvals
for
your
further
use.
So
thank
you
for
coming
down
today
for
items
one
through
five
and
you're
welcome
to
leave
the
hearing
we'll
just
take
a
moment
here
and
let
everybody
get
readjusted
and
then
we'll
move
on
to
our
regular
agenda.
A
B
You
chair
item
six
is
use
of
a
7
000
square
foot,
tenant
Bay
for
a
limited
retail
sales
use
to
include
sales
of
alcoholic
liquor,
wine
and
beer
as
The
Limited
retail
sales
use
in
an
mx-3
District.
No
more
than
40
percent
of
the
sales
may
be
derived
from
alcoholic
liquor,
wine,
beer
or
tobacco
products
on
the
premises,
I'm
going
to
pull
up
some
slides
and
and
show
the
layout
of
the
property.
The
property
in
question
is
right
here
on
the
screen
in
yellow
it's
on
the
south
side
of
East
University
Avenue.
B
B
B
Aerial
view
one
one
thing:
I'll
just
back
up
and
and
note
on
the
aerial.
What
you'll
see
here
is
there
is
a
a
restaurant
retail
use
to
the
left
and
then
there's
a
commercial
use
there
to
the
East.
So
East
and
West
are
commercial
uses
across
the
street.
There
is
the
Anderson
Erickson
Dairy.
B
B
And
I'll
zoom
out
a
touch,
so
you
can
see
the
entirety
of
the
store
layout.
So,
as
you
can
see,
the
applicant
is
proposing
the
liquor,
tobacco
wine
and
beer
on
the
perimeters
of
the
store
with
a
kitchen
grocery
towards
the
interior.
They
would
have
fresh
produce
as
well.
Some
soft
drinks
there
on
the
periphery
as
well.
B
B
It
appears
to
be
a
appropriate
location,
appears
to
be
an
appropriate
location
that
is
appropriately
separated
from
a
church
place
of
worship,
schools
licensed
daycare
facility.
It's
believed
that
the
applicant
would
Safeguard
the
general
health
safety
and
and
Welfare
of
the
area
the
proposed
use
has
appropriate,
Landscaping
well,
building
that
buffers
from
the
residential
that
would
be
primarily
to
the
South
with
the
parking
that
would
remain
towards
the
north
of
the
property.
B
And
one
of
the
things
that
I
would
like
to
add
is
as
part
of
the
conditions
the
staff
has
looked
at
the
hours
of
operation
and
have
modified
the
what
they
believe
would
be
appropriate
for
the
area
the
applicant
had
a
desired
to
be
open
from
8
to
12
am
8
AM
to
12
a.m.
Seven
days
a
week,
however,
staff
felt
that
it
was
most
appropriate
that
those
hours
be
8
to
10
p.m,
Sunday
through
Thursday
and
then
on
those
weekend
days,
Friday
and
Saturday
that
the
12
a.m
would
be
more
amenable.
B
A
B
And
here
is
the
consent
map,
and
so
this
SEC
accounts
for
properties
within
250
feet
of
the
premises.
So
you
see
the
properties
that
are
in
opposition
that
are
in
red
support
and
green,
and
the
ones
that
are
in
white
are
are
unanswered.
A
D
C
B
All
right,
here's
the
letter
that
is
from
the
adjoining
property
owner
to
the
West.
A
B
E
Thank
you.
Do
they
meet
the
number
of
parking
parking
for
the
the
size
of
the
building.
B
The
the
site
as
it
exists
today
is,
is
still
in
operation
and
at
the
time
that
it
was
approved
it
was
the
parking
was
representative
of
the
retail
use
that
was
in
there
in
the
restaurant
I.
Don't
know
the
exact
numbers,
the
retail
from
Family
Dollar
to
the
retail
of
the
grocery
store
would
be
equivalent.
So
the
assumption
is
I
did
not
calculate
that
it
should
be
the
same
and
meet
those
requirements.
It's.
B
B
The
the
site
from
building
code
to
perspective
would
wouldn't
be
considered
a
change
of
use,
okay
of
some
of
the
other
triggers
from
a
site
plan
perspective
aren't
being
triggered
if
they
were
doing
a
substantial
investment.
If
the
whole
strip
were
to
be
out
of
use
for
six
months
or
longer,
those
would
be
triggers.
Okay,
okay,.
C
So
my
understanding
is,
there
was
nothing
from
the
it's.
The
is
the
fairgrounds
association
is
that
the
neighborhood
association
there.
B
That
is
correct:
I
sent
notices
went
out
to
both
Fairgrounds
and
accent
as
well
as
emails
went
out
to
both
and
no
response
from
the
response.
Okay,.
B
A
Frank
a
related
question
here-
you
may
or
may
not
have
referenced
this,
but
just
generally,
especially
with
a
few
of
the
comment
cards
about
well
distances
and
there's
other
alcohol
sales,
as
proposed
and
within
the
current
zoning
ordinance
city
code,
the
distance
between
this
proposed
sale
of
alcohol
and
other
permitted
alcohol
sales
there's
no
issues
with
sufficient
distance
from
existing
alcohol
sales
or
any
like
day
cares
or
schools.
Things
of
that
nature
is
that
correct
that.
A
Okay,
from
from
from
other
permitted
uses
or
other
potential
sites
of
concern,
but
in
general
it
does
meet
the
requirement
as
it
stands.
It
does,
because
that
is
to
a
certain
degree.
That
is
the
purpose
of
the
zoning
ordinance.
So
there's
not
a
proliferation
of
these
like
three
of
them
in
a
row
or
something
like
that
right.
B
That's
correct
the
the
actual
distance
being
1
305
feet
from
a
similar
use,
and
this
happens
to
be
slightly
greater
than
that,
so
it
is
greater,
although
it
is
like
and
then
the
other
separation
distance
being
that
from
the
500
feet
from
the
schools,
place
of
worship,
Parts,
Etc,
okay,.
E
A
Names,
Eastsiders,
plastic
cows:
what's
the
names
of
the
cows
I
don't
know,
Annie
and
Eric
should
have
known
that
and
just
a
final
related
one
with
that
distance
requirement.
A
Looking
at
the
use
itself,
the
sketch
that
was
shown
that
shows
the
floor
plan
is
that
to
scale
or
is
that
just
kind
of
a
reference
sketch?
That's.
B
That
would
be
more
of
a
reference
sketch,
okay,
okay,
so
they
did
have
square
footages
in
there,
okay,
that
that
points
to
what
their
representative
of
okay.
So
you
all
right,
you
could
piece
that
together,
but
yeah.
A
Yeah
I
just
wasn't
clear
how
a
beer
cave
appears
to
be
barely
larger
in
width
than
a
grocery
store
shelf.
So
I
was
just
trying
to
see
how
the
pieces
would
fit
together
inside
okay.
I
can
ask
applicants
some
more
on
that.
Okay,
anything
else
for
Frank
all
right.
Thank
you
for
the
background
on
this
one.
A
F
Loyal
301,
East,
Walnut,
Street,
Des,
Moines
I'm,
representing
the
client
on
this
first
I,
want
to
mention
that
there
might
have
been
some
misunderstanding
with
with
some
of
those
comments
because
they
mentioned
the
liquor
store,
and
this
is
not
a
liquor
store
anything
close
to
it.
It's
a
grocery
store
and
the
the
overwhelming
amount
of
square
footage
then
there's
devoted
to
groceries.
F
A
small
brochure
like
this
in
order
to
the
margin
on
food
is
very,
very
tight
and
you,
you
need
some
of
those
alcohol
cells
to
help
support
that
business,
but
it's
a
full
grocery
store.
It's
going
to
have
fresh
proven
produce
it's
going
to
have
a
small
kitchen,
there's
going
to
be
frozen,
food
and
dairy.
It
will
not
feel
like
a
convenience
store.
It
will
not
feel
like
a
a
liquor
store
and
they've
chosen
this
location
because
they
they
feel
it's.
F
The
type
of
groceries
and
stuff
they're
going
to
provide
is
be
marketed
as
a
university
Market
that
they
feel
it's
going
to
serve
an
unsure
demographic
in
that
area.
We
think
there'll
be
a
good
good
demand
for
it
in
terms
of
parking.
I,
don't
know
what
it
was
like
with
Dollar
General
or
you
know,
like
the
neighboring
restaurant,
you
know,
people
it's
about.
F
7
000
square
feet
will
probably
get
in
and
out
of
there,
pretty
quick
we're,
not
anticipating
a
lot
of
congestion
in
that
parking
lot
and
I
could
try
to
answer
any
questions
on
my
clients.
B
E
F
Yeah
there'd
be
a
lot
of
international
group,
considered
it's
not
going
to
be
called
an
international
grocery
store,
but
there'll
be
a
lot
of
product
that
you
would
not
typically
see
at
all.
These.
F
They
do
now
they
they
had
requested
eight
and
a
12
a.m
and
they're
fine,
with
the
shortening
the
time
period
that
the
main
reason
for
that
is
is
it.
It
really
depends
on
what
the
traffic
is
is
like
there.
They
anticipate
they're,
serving
people
working
working
second
shifts
and
stuff
and
wanted
to
at
least
have
flexibility
to
try
and
be
open,
but
but
depending
on
what
what
demand
is
they?
They
might
not
be
open
that
that
late
they're
not
going
to
be
open
just
to
sell,
sell
alcohol.
A
Lloyd
I
appreciate
your
kind
of
synopsis
on
this
one,
just
a
couple
things
for
clarification,
I
mentioned
to
staff
and
we
got
the
picture
up.
There
I
see
the
intent
of
the
floor
plan,
but
the
best
your
knowledge
is
this
to
scale
on
the
floor
plan.
F
This
is
exactly
this
kind
of
reference.
Footage
should
be
correct,
so
so
beer,
cooler,
400
square
feet,
line
200
square
feet.
Tobacco
100
square
feet,
liquor,
400
square
feet,
the
rest
of
the
square
footage
is
going
to
be
devoted
to
food
and
other
sales.
Okay,.
A
F
Space,
it's
over
7,
000
square
feet
yeah,
and
the
pictures
on
the
outside
I
mean
because
it
goes
pretty
far
over.
You
think
part
of
it.
Looking
the
front
might
be
the
restaurant.
It's
not
most
of
that
entire
building
is,
is
that
Dollar
General
space?
It's
it's
pretty
large
yeah.
A
And
related
to
the
conditions
that
marlus
had
noted
and
you
referenced
condition,
number
three
discusses
no
visible
advertisement,
identification
kind
of
like
in
essence,
gratuitous
alcohol,
signage.
You
and
your
client
are
okay
with
that.
Yes,
we
understand
that
okay
and
again
the
intent
is
there
I,
think
and
and
maybe
not
to
not
to
put
words
in
your
mouth
but
hey.
This
is
a
grocery
store.
This
isn't
a
liquor
store.
A
Yeah
yeah
you're
not
gonna,
have
neon
beer
signs
in
the
window
or
anything
like
that.
Okay,
all
right,
any
other
questions
for
Lloyd.
Okay,
thank
you
for
your
summary,
okay.
So
the
way
this
now
works
is
there
anybody
that
wishes
to
speak
in
support
of
the
applicant's
request.
If
anybody
wants
to
speak
in
support
of
this
conditional
use
request,
they
can
have
up
to
five
minutes.
Anybody
wishes
to
speak
okay,
seeing
none
is
there,
anybody
that
wishes
to
speak
in
opposition
to
the
applicant's
request
come
on
up.
G
Okay,
good
afternoon
Carolyn
Farrell
's
Dairy
Zone.
Well,
when
we
originally
got
notice
of
this
to
us,
they
seemed
like
just
a
liquor
store,
but
still
going
back
to
the
liquor
store.
We
do
not
need
more
liquor
on
East
University
we
have.
Currently,
there
are
two
liquor
stores
within
six
blocks
of
this
location.
There
are
eight
bars
within
a
mile
and
I've,
been
in
the
business
with
dairyzone
I've
been
an
owner
since
1985.
G
and
I
do
not
want
this
traffic
of
people
staying
there
till
midnight.
We've
already
had
to
call
the
cops
up
several
times
this
year
on
drunk
people
walking
around
scaring
our
customers
popping
out
of
bushes
and
I.
Just
think.
If
we
have
that
much
liquor
and
we
have
a
beer
cave,
it
seems
more
to
me:
I
I'm,
okay,
with
the
grocery
store,
but
I,
don't
know
why
we
need
liquor
and
tobacco
and
beer.
If
you
want
to
help
the
neighborhood,
then
get
rid
of
the
liquor.
G
We
do
not
need
any
more
liquor
and
they're
saying
40
percent
of
their
cells
in
liquor.
That
seems
pretty
high
standard
to
me.
So
maybe
if
they
can
dance
it
down,
I,
don't
know
what
the
final
vote
is
going
to
be
the
40
of
the
revenue.
That's
a
lot
of
liquor,
guys
and
I
think
we're
gonna
have
more
problems
and
I.
Don't
want
I,
really
don't
want
this
store
open
till
midnight.
G
G
I
guess!
That's
all
that
I
have
to
say.
I
thought
the
fairground
neighborhood
was
opposing
this
because
I've
spoke
with
them,
so
I,
don't
know
why
that
never
came
through
because
they're,
the
ones
that
kind
of
gave
me
a
lead
on
this.
So
I
don't
know
what
happened,
but
thank
you
and
that's
all
I
have
to
say.
A
So
Carolyn,
if
we
have
any
questions,
would
you
be
willing
to
answer
a
few
questions?
Not
not
that
that's
necessary
but
sure,
just
in
case
anybody
have
any
questions
for
Carolyn.
Okay,
all
right.
G
A
Right
appreciate
you
coming
down
today.
Thank
you
for
your
input,
anybody
else
that
wishes
to
speak
in
opposition,
okay,
seeing
none
do
we
have
any
further
questions
for
staff,
don't
see
any
there
and
applicant
or
their
representative.
You
could
have
a
rebuttal
or
closing
comments
for
up
to
three
minutes.
If
you
so
choose.
F
Again,
we
just
want
to
emphasize
that
the
purpose
of
this
location
is
a
grocery
store.
We
do
need
alcohol
sales
to
support
a
grocery
store.
You
can't
make
the
margins
work
with
without
it
right,
we
don't
anticipate.
Four
percent
of
our
revenue
is
going
to
come
from
alcohol
sales
and
but
our
margins,
our
largest
margin,
is
going
to
come
from
from
the
alcohol
sales,
but
but
most
of
these
sales
is
going
to
be
great.
It's
a
grocery
store.
A
Okay
and
Lloyd,
while
while
you're
back
here
and
I'm
sure,
give
your
clients
some
good
information
advice
on
all
of
this,
but
your
clients
aware
that
with
a
conditional
use,
if
we
do
approve
this
and
say
yes,
it's
kind
of
like
let's
say
having
a
driver's
license.
If
you
abuse
it
and
staff,
says
hey
they're
abusing
these
conditions,
they
can
come
back
and
potentially
we
could
revoke
that.
Then
they
can't
sell
any
liquor
or
alcohol.
Your
clients,
aware
of
that.
F
A
E
F
I
haven't
had
specific
conversation
with
him
about
it
they're
here
they
could
come
and
I'd
make
one
suggestion.
I
don't
know
if
it's
in
cup,
but
we
could
certainly
sign
the
authorization
from
the
police
that
allows
them
to
automatically
enforce
the
lowering
laws
without
our
our
presence
and
I
I.
Don't
know
if
that's
common,
to
write
it
into
a
cup.
If
that's
that's
a
problem
but
I
I
do
have
other
clients
that
have
had
that
arrangement
with
with
the
police
and
it
seemed
to
work
well.
A
C
Chair,
yes,
go
ahead,
thank
you.
It
appears
that
you
know
that
they're
going
to
be
following
the
zoning
requirements
in
terms
of
you
know,
distance
between
other
Liquor
Stores,
and
it
is
a
conditional
use.
So,
as
you
pointed
out,
there
is
a
problem
in
the
future.
You
know
there
are
proper
channels
to
be
taken
and
then
that
conditional
use
can
be
revoked
or
you
know,
really
severely
restricted.
So
I
am
fine
with
moving
forward
with
approving
this
conditional
use
with
subject
to
the
conditions
laid
out
sure.
D
I
kind
of
agree,
you
see
the
same
same
way
but
I'm
thinking
it's
not
going
to
be
a
big
loitering
problem.
It's
a
grocery,
get
in
get
out
type
of
thing
and
go
it's
not
a
bar
of
A
Sort
or
something
hanging
out
there
if
they
do
having
the
police
on
call
when
that
kind
of
stuff
would
be
a
good
solution
for
them
too.
I
kind
of
like
that
too,.
G
A
Sure
I
do
want
to
throw
one
one
thing
in
I
do
know
we
had
some
opposition
here
today
and
I
always
like
to
hear
both
sides
of
the
coin
on
any
kind
of
issue,
but
I
give
staff
some
credit
here
that
looking
to
have
some
limitation
in
the
operating
hours,
five
nights
a
week
close
by
ten
and
no
later
than
midnight,
we've
had
some.
They
want
to
be
24
7.
or
they
want
to
be
open,
till
2,
A.M
or
whatever
the
case
is,
and
also
no
signage
in
the
windows.
A
I
think
we're
trying
to
go.
You
know
if
it's
a
neighborhood
market,
a
Neighborhood
Grocery,
that's
what
it
should
probably
look
like
at
face
value,
so
yeah,
so
I
just
want
to
make
sure
we're
we
we
certainly
understand,
but
that's
why
we
have
conditions
on
things.
So
we
can
look
at
that
so
Dave
motion,
then.
Yes,
okay,
that
was
a
motion
to
Grant
the
requested
petitional
use
subject
to
staff
Rec.
A
Is
that
correct?
Then
I
will
go
ahead
and,
second
that
all
right,
so
we
got
a
motion
in
a
second
all.
Those
in
favor
of
granting
the
motion
raise
your
hand,
say
aye.
All
right,
okay,
motion
carry
6-0,
you
guys
get
kicked
off
on
the
right
foot.
You
should
be
an
asset
to
the
neighborhood
for
providing
a
variety
of
things
for
folks
and
work
closely
with
your
neighbors
they've.
Been
there
a
long
time
and
I've
been
there
many
times
for
the
best
ice
cream
on
the
east
side
of
town.
So.
A
So
that
concludes
our
agenda
items
for
any
cases
today
and
then
Frank.
Let's
see
business
we'd
have
minutes
first
and
then
elections
anything
else,
okay,
so
for
those
that
were
here
at
the
hearing
last
month,
if
you
reviewed
the
minutes,
are
there
any
changes?
If
none
with
their
Bo
motion
to
Grant
approval
of
the
Mets
motion
by
Rhonda?
Second,
by
marvelous,
all
those
in
favor
raise
your
right
hand
who
who
were
here?
That's
five
of
us,
so
it's
everybody,
minus
Tom!
He
wasn't
here.
Is
that
good
enough?
A
A
But,
generally
speaking,
the
chair
of
the
board
chairs
the
meeting,
you
know
giving
the
background
laying
out
the
agenda
items,
participation
of
the
audience
and
sometimes
keep
in
control
of
the
time,
and
if
the
chair
is
not
available,
then
the
vice
chair
would
carry
out
those
duties
and
that's
basically
it
so
what
we
generally
do
is
we
elect
the
chair
first
and
certainly
I've
enjoyed
serving
as
chair
for
a
term
or
two.
If
there's
anybody
else,
that
would
want
to
do
it
great,
but
I've
certainly
enjoyed
and
would
be
happy
to
continue.
A
Marla
you're
too
kind
I,
don't
know
if
there
be
a
second
okay.
So
there's
a
second
before
we
vote.
Would
there
be
nomination
of
any
other
candidates?
A
Okay,
seeing
none
so
motion
for
pins
for
chair
all
those
in
favor
raise
your
right
hand
say:
aye,
all
right,
I'm
gonna
vote
for
myself,
just
wasn't
sure
if
Tom
was
going
to
come
over
or
not
all
right.
That.
A
I've
heard
that
before
I
try
to
be
here
but
I
have
been
gone
and
both
our
vice
chair,
like
Nathan
and
Dave,
have
stepped
in
before
to
do
the
chairs.
So
all
right,
we've
got
a
nomination
by
Justin
for
Dave,
and
would
there
be
a
second
I'll
give
that
to
Tom
his
hand
was
up.
First,
all
those
in
favor
raise
your
right
hand,
say:
aye,
aye,
all
right.
That
motion
carries
so
Dave
you're,
officially
chair
of
the
vice
chair
of
zoning
Glory
of
adjustment.
That's
awesome!
A
If
that's
good,
for
the
record.
I
think
that
includes
concludes
our
elections
and
if
there's
no
other
business,
then
this
hearing
is
adjourned.