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From YouTube: 8-2-23 Zoning Board of Adjustment
Description
Des Moines Zoning Board of Adjustment meeting on Wednesday, August 2, 2023.
View the agenda: https://DSM.city/ZBOAatHome
B
B
I'm,
going
to
take
a
moment
here
to
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
marlis
Jones.
My
name
is
Mel
pins.
The
board
chair
we're
normally
a
seven-member
board.
We
had
one
member
resign
here
earlier
this
spring.
They
have
not
been
replaced
yet.
So
we
have
six
members
here
to
have
a
full
hearing.
Today,
I
will
introduce
our
city
staff
that
will
be
assisting
with
the
hearing.
B
A
legal
counsel
for
the
zoning
Board
of
adjustment
to
my
left
is
Mr.
Gary
guidelock
I'll
introduce
City
staff
down
here
to
the
audiences
left
on
the
side:
rail
shreyosi,
chakraborty
city,
planner,
Frank,
Young,
Senior
city,
planner,
Bert,
drost,
Deputy,
planning,
administrator
Catherine,
drahas
city
planner
and
Eric
Lundy
zoning
enforcement
officer
that
title
works.
Okay,
all
right
all
right,
Tyler
Hall
is
our
meeting
moderator
I'm
going
to
cover
our
meetings
procedure
for
some
of
you.
B
This
may
be
your
first
time
to
come
down
here
for
a
hearing,
so
we
welcome
you
all
we'll
give
you
the
background
on
how
the
hearing
process
works,
but
don't
be
nervous
or
don't
worry
about
it.
We
will
take
you
through
this,
but
to
give
you
a
little
bit
of
background
here,
the
Zoning
Board
of
adjustment
is
a
quasi-judicial
board.
This
hearing
will
be
conducted
within
the
procedures
in
the
format
as
authorized
by
Iowa
law
in
this
City's
ordinances.
B
B
If
you
have
not
yet
received
a
copy
of
the
agenda
and
staff
recommendation
and
would
like
one
when
I'm
through
with
my
Preamble
here,
we
have
extra
copies
up
here
by
the
door
that
you
came
in
and
the
little
black
trays
the
board
is
required
to
base
its
decision
on
each
item
upon
the
criteria
established
by
law
for
each
for
the
type
of
relief
sought
by
the
applicant.
The
law
applicable
to
each
case
has
been
identified
in
the
written
staff
report.
B
B
So
again,
we
will
take
you
through
that
our
order
of
procedure
moving
forward
after
an
item
on
the
regular
agenda
has
been
announced.
City
staff
will
first
give
a
brief
overview
of
the
appeal
and
they
will
present
any
written
comments
that
have
been
received
prior
to
the
hearing,
then
the
applicant
or
their
representative
will
be
allowed
up
to
10
minutes
to
present
their
appeal
after
they've
presented
their
appeal.
B
We'll
then,
move
to
the
public
portion
comment
of
the
hearing
on
that
item,
and
anyone
wanting
to
speak
in
support
of
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
on
that
item,
the
board
will
then
ask
any
additional
questions
of
City
staff.
Lastly,
the
applicant
will
be
given
three
more
minutes
for
a
rebuttal
or
other
closing
comments
if
they
so
choose.
B
All
speakers
must
only
speak
from
the
podium
here
at
the
center
of
the
room.
You
see
a
little
microphone
standing
up
here.
Next
to
the
screen
must
speak
only
from
the
podium
begin,
their
presentation
by
first
giving
both
your
name
and
address
of
business
or
residence
as
appropriate.
In
the
event,
you
may
need
to
be
contacted
for
legal
notices
related
to
the
outcome
of
this
appeal.
B
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
also
asked
to
ensure
that
they're
respectful
of
time
considerations,
if
necessary,
the
board
chair,
will
limit
further
comments
by
a
speaker
if
they
exceed
their
time
limitation.
B
After
all,
comments
have
been
received.
The
board
will
then
close
any
further
public
comment
on
that
agenda
item
and
the
board
will
immediately
deliberate
the
request
and
will
make
a
decision
here
today
on
that
appeal.
Please
note
that
it
always
takes
at
least
four
affirmative
votes
for
any
zoning
appeal
to
gain
approval.
B
If
your
appeal
is
approved
today,
we'd
ask
that
you
wait
until
at
least
about
one
week
from
today's
hearing,
if
you
would
need
to
contact
the
city's
permit
and
Development
Center
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
in
order
that
document
will
be
provided
then
to
both
you
and
City
staff
for
the
record.
B
And
what
else
do
we
have
on
here?
Thank
you.
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,
but
only
for
future
considerations.
B
Any
material,
written
or
otherwise
used
today
is
part
of
any
presentation
is
part
of
the
permanent
record.
You
might
contact
City
staff
after
the
hearing,
if
you'd
like
a
copy
of
anything
used
today,
and
if
you
do
plan
to
present
any
photographs,
Maps
documents
that
you
haven't
already
provided
to
staff
you'll
need
to
give
them
an
appropriate
copy
for
the
record.
Just
a
few
housekeeping
items
we'd
ask
that
you
please
avoid
any
undue
conversation
in
the
audience
so
as
to
limit
distractions
during
the
hearing.
You're
doing
a
great
job.
B
So
far,
please
ensure
your
cell
phone
has
been
silenced,
sounds
okay,
so
far,
and
if
you
do
need
to
use
a
restroom
at
any
time
during
the
hearing
you
just
walk
out
the
main
doors
you
don't
have
to
go
back
downstairs.
There
are
restrooms,
you
just
pass
the
staircase
on
your
left
once
the
agenda
item
you're
interested
in
has
been
completed,
you're
welcome
to
leave
the
hearing
and
we
will
have
a
five
minute
break
in
the
hearing
around
three
o'clock
or
thereafter,
if
needed.
B
C
Good
after
good
afternoon,
chair
members
of
the
the
board
item,
one
we
are
looking
to
discuss
and
move
off
the
consent
agenda,
okay
and
item
12.
We
are
looking.
The
applicant
has
requested
a
continuance,
so
they
can
work
on
addressing
some
concerns
that
were
raised
and
coming
back
to
the
board
next
month.
B
All
right
so
item
12
will
be
removed
from
consent
or
just
or
I'm
sorry,
item
12
will
be
removed.
I
think
we
need
a
motion
to
do
that.
The
applicant
apparently
they're,
okay,
with
that
they
requested
it
yep
all
right
board
members.
Would
there
be
any
concerns
with
the
request?
If
not,
would
there
be
a
motion
to
move
item
12
to
our
next
regularly
scheduled
meeting
all
right
move
by
marlets?
Second,
by
Rhonda,
all
those
in
favor
raise
your
right
hand
say
aye,
that's
five
of
us
Tom
all
right!
B
C
I
item
item
two
is
similar:
small
Wireless
facilities
that
are
located
on
property,
that
on
in
right
way,
that
is
adjacent
to
property.
That's
Zone
residential
must
obtain
a
conditional
use.
So
that
being
the
reason
why
they're
in
front
of
us
today,
if
the
property
had
been
zoned
commercial,
they
would
be
able
to
submit
and
go
in
by
right.
B
B
So
if
anybody
in
the
audience
items
two
through
ten
are
conditional
use
requests
for
Uso
cellular
to
install
these
small
Wireless
facilities
on
poles
in
residential
areas.
If
anybody
would
object
us
granting
kind
of
a
blanket
approval
on
those
for
any
one
of
those
items,
I'm
going
to
read
through
those
addresses
and
if
you'd
object
to
us
granting
the
approval
to
allow
this,
please
just
raise
your
hand.
We
will
remove
it
from
the
consent
agenda
and
then
we
will
have
an
actual
hearing
item
on
that
today
to
explore
your
concerns.
B
So
item
two
would
be
for
U.S
cellular
vicinity
of
1802
Southeast
3rd
Street.
Anybody
in
opposition
to
that.
If
anyone
is,
please
just
raise
your
hand
seeing
none
item,
three
similar
requests
from
U.S
cellular
at
2002,
Indianola
Avenue,
any
objections
item
four
U.S
cellular
at
2611,
South,
Union
Street
any
concerns
seeing
none
item:
five
U.S
cellular
near
2725,
Southeast,
5th
Street.
Anyone
opposed
to
that
seeing
none
item:
six
U.S
cellular
vicinity
of
601
Davis
Avenue.
B
Anyone
opposed
there
seeing
none
item;
seven
conditional
use,
vicinity
of
840
Fremont
Street,
no
concerns
item
eight
vicinity
of
2304
Indianola
Avenue.
Anybody
concerned
about
a
small
Wireless
facility
on
a
pole
down
there
seeing
none
item
nine
vicinity
of
415,
Pleasant,
View
Drive,
also
for
U.S
cellular
any
concerns,
then
item
10
vicinity
of
647,
Buchanan
Street,
also
a
U.S
cellular
Wireless
small
facility.
B
All
right
if
there
are
no
concerns
with
those.
Our
only
other
item,
I
believe
on
the
consent
agenda
is
item
11
request
for
a
monument
sign
and
looks
like
some
exceptions
to
that
at
558,
28th
Street.
Would
anybody
be
opposed
to
granting
approvals
with
that
subject
to
staff
recommendations?
Any
concerns
in
the
audience?
Seeing
none
all
right
then
board
members
we've
got
items
two
through
Eleven
on
consent.
Staff
has
recommended
approval,
subject
to
staff
recommendations
and
conditions.
B
If
there's
any
discussion
great,
if
not,
would
there
be
a
motion
for
approval
motion
by
Tom
second
by
marvelous,
all
right
so
we'll
all
vote
items
two
through
eleven
we'd
be
approving
for
conditional
uses
and
exceptions
subject
to
staff
recommendations.
All
those
in
favor
raise
your
right
hand
say.
Aye.
B
All
right
motion
carries
6-0
all
right,
we'll
get
those
items
out
of
the
way,
so
U.S
cellular
folks
give
the
city
about
a
week
and
they'll
get
you
copies
of
those
approvals
so
we'll
let
anybody
depart
here
for
the
moment
and
we'll
transition
over
here
to
our
regular
portion
of
the
agenda,
so
we're
going
to
start
with
I.
Believe
item
number
one
conditional
use
request
at
5525,
Meredith,
Drive
and
City
staff
will
first
give
an
overview
of
the
requested
appeal
and
their
recommendation.
C
C
The
request
is
for
a
conditional
use
for
group
Living
Residential
in
an
mx-3
district.
One
of
the
things
that
I
would
like
to
point
out
is
for
the
conditional
use
we
are
here
to
look
at
the
group.
Living
Residential
use
as
it
is
multiple
household
living
units
in
and
of
themselves
are
allowed
by
right
in
the
mx-3
district.
So
I
just
wanted
to
make
that
real,
quick
distinction
between
what
is
being
requested
here.
B
C
C
And
then
here
is
a
oh
here's.
An
aerial,
I
I
want
you
to
see
the
context
of
the
development,
how
it
sets
back,
how
the
condo
units
are
positioned
to
the
North
separation
by
some
distance
from
the
residential
that
would
be
to
the
to
the
north,
actually
I
intended
to
say
these
condos
are
to
the
west
and
then
that
utility
use
there
to
the
East.
C
And
so
the
applicants
are
proposing
the
building
has
a
total
of
14
442
square
feet
so
a
little
over
7
000
per
square
per
floor.
So
if
you
take
away
three
thousand
for
the
for
other
uses
other
than
apartments
on
the
Upper
Floor,
and
then
you
take
away
about
fifteen
hundred
downstairs
for
meeting
classroom,
of
which
the
remaining
would
be
for
the
group
living.
So
the
entire
building
would
be
used
for
the
residential
programs.
A
C
C
C
The
the
applicant
has
indicated
that
Ellipsis
who
will
be
operating
the
business
serves
kids
and
families
who
are
in
need
in
need
for
a
variety
of
resource
reasons.
The
kids
come
to
Ellipsis
after
experience
trauma
in
one
way
or
another.
Some
have
been
abused,
neglected
some
have
witnessed
domestic
violence,
Etc
experience,
parental
substance,
abuse
or
mental
health
issues,
and
so
the
building
would
be
for
the
residential
programming
for
young
people
in
the
foster
care
system,
and
the
bottom
floor
would
be
utilized
for
group
foster
care
of
the
10
adolescent
girls.
C
They
each
have
their
own
bedroom
with
shared
Living
Spaces,
including
kitchens
living
rooms
and
bathrooms.
They
will
provide
classroom
and
some
staffs
meeting
spaces
will
also
be
available.
The
Upper
Floor
will
hold
the
eight
efficiency
apartment
units
for
older
youth,
who
are
aging
out
of
the
foster
care
system.
C
C
And
so
staff
does
believe
that
the
that
granting
the
requested
conditional
use
would
be
consisted
with
the
intended
Spirit
the
purpose
of
the
zoning
ordinance.
We
believe
that
the
applicant
has
satisfied
the
criteria
for
granting
a
conditional
use
so
long
as
the
use
operates
in
accordance
with
conditions
of
approval,
the
proposed
location
and
operation
of
the
use
or
activity
adequately
safeguards
the
health,
safety
and
general
welfare
of
persons
reciting
or
working
in
and
joining
and
surrounding
property.
C
The
proposed
use
will
not
impair
an
adequate
supply
of
light
and
air
to
surrounding
property.
It
will
not
unduly
increase
congestion
in
the
streets
or
public
danger
of
fire
safety
or
flooding
a
number
of
the
girls
will
they
will
not
have
personal
transportation
proposed
uses
consistent
with
the
general
purposes
of
the
the
zoning
ordinance,
the
planning
design,
ordinance
in
chapter
135
of
the
code
and
the
comprehensive
plan
the
proposed
use
shall
have
no
detrimental
impact
on
the
use
and
enjoyment
of
joining
properties.
C
And
here's
a
here's,
an
image
of
the
consent
map
we
did
re
receive
a
a
few
folks
in
opposition
to
the
request.
I
would
like
to
note
that
the
mailing
list
did
go
out
and
and
the
data
in
the
mailing
list
and
left
out
a
few
of
the
surrounding
Property
Owners.
However,
once
made
aware
of
that,
we
did
Issue
notification
letters
to
those
folks
within
a
single
business
days.
B
C
B
Can
look
at
that
right
so,
in
this
case,
if
you
know,
if
an
apartment
in
essence
could
be
allowed
here
with
site
plan
and
meeting
building
code
requirements
is
the
reason
for
our
review,
because,
with
some
of
the
quote
group
home
settings,
we
just
need
to
make
sure
that
it's
going
to
not
cause
any
overarching
detrimental
concerns.
Beyond
a
normal
residential
use
is.
B
Situation-
and
in
this
case,
you
have
a
condition
in
here-
it's
not
just
that
it's
about
group
living-
you
specifically
have
a
condition
here
that
it
would
be
group
foster
care
for
10,
adolescent,
girls
and
eight
efficiency
apartments
for
older
youth
who
are
aging
out
of
the
foster
care
system.
So
if
somebody
wanted
to
change
who
goes
in
here
and
say,
nope,
it's
not
going
to
be
adolescent
girls
anymore.
It's
going
to
be
somebody
I,
don't
know
some
guys
from
Fort
Madison
or
something
this
is
a
condition
they.
B
B
B
D
Got
it
so
I'm
Chris
Copeland
from
ellipsis
are
mailing
addresses,
PO,
Box,
39,
Johnston,
Iowa
50131.
We
actually
have
multiple
locations
in
the
Metro
right
now.
Three,
and
with
this
with
this
purchase
agreement,
that's
been
executed.
That
would
make
it
four
locations,
so
our
other
two
are
in
Des
Moines.
D
Most
of
you
will
know
us
as
the
merger
between
what
used
to
be
yess
youth,
emergency
services
and
shelter
and
youth
homes
of
Mid-America,
so
those
two
agencies
merged
actually
two
years
ago
yesterday
to
really
kind
of
create
a
Continuum
of
Care
for
the
kids
and
families
that
we're
talking
about
here.
We
already
are
doing
these
services
in
big
ways
across
the
Metro.
D
Our
campus
in
Johnston
that
serves
48
of
the
boys
that
we're
talking
about
that
would
be
on
the
bottom
floor
of
this
building
for
girls
has
been
there
since
1943,
as
you
might
imagine.
If
you've
been
around
for
a
while,
the
city
of
Johnston
has
grown
up
around
us.
We
know
how
to
be
neighbors.
We
know
how
to
make
sure
we're
keeping
the
community
safe.
We've
been
doing
this
for
a
really
long
time.
D
The
yes,
shelter
additionally,
has
been
there
since
1973,
and
so
you
know
we
have
a
long
history
of
providing
the
care
that
we're
talking
about,
and
the
reason
that
we're
looking
at
this
right
now
is
because
there's
a
giant
gap
for
girls
in
the
state
of
Iowa,
a
girl
that
comes
from
the
Des
Moines
area
or
surrounding
counties
right
now.
Who's
in
need
of
this
kind
of
level
of
care
has
to
go
two
hours
away,
so
we're
trying
to
fill
a
need.
D
D
We'd
have
up
to
10
girls
in
that
space
in
the
bottom
floor
of
the
building
that
would
be
staffed
with
three
Direct
Care
staff
at
any
given
time,
plus
a
program
director
plus
a
supervisor
whoever's
kind
of
needed
to
make
that
happen
during
the
day.
It's
actually
in
the
Johnston
School
District.
We
have
a
great
relationship
with
Johnston
schools,
so
we
are.
We
are
planning
to
put
a
classroom
in
that
area
as
well,
so
that
kids,
don't
kids,
who
don't
have
a
school
to
go
to
in
the
community
can
be
educated
there.
D
The
top
floor
with
then
create
a
Continuum
for
girls
who
really
don't
have
a
family
home
to
return
to
Foster
families
aren't
taking
them
their
parents
can't
take
them
for
a
variety
of
reasons,
and
so
those
girls
are
going
to
transition
into
independent
living.
Those
apartments
are
also
staffed,
24
7,
so
six
of
those
apartments
would
be
what
we
call
cluster
supervised
apartment.
Living
two
of
the
apartments
would
be
considered
scattered
site,
meaning
those
girls
technically
have
the
ability
to
live
a
lot
more
independently,
but
staff
will
be
in
the
building,
24
7.
again.
D
I
would
just
reiterate:
we
have
a
ton
of
experience
in
doing
this
and
so
I
think
the
the
concerns
around
kind
of
what
does
this
mean
in
our
neighborhood,
hopefully
are
addressed
at
least
a
little
bit.
That
way,
Frank
did
a
really
good
job
of
kind
of
talking
about
where
we're
at.
With
with
what
we're
doing,
we
obviously
recognize
the
sewer
situation,
we'll
take
a
look
at
that.
D
The
engineer
has
not
identified
the
sewer
issue,
but
is
actually
conducting
an
Alta
survey
as
we
speak,
and
so
told
us
that
he'd
be
able
to
look
at
that
and
and
really
give
some
advice
on
what
to
do.
For
that
situation.
We
do
intend
to
put
up
a
privacy
fence
along
that
west
side
of
the
property
it
sounded
like
the
neighbors
were
happy
about
that
when
we
talked
about
that
in
the
neighborhood
meeting-
and
you
know
obviously
Our
intention
is
to
be
good
neighbors.
D
B
D
B
You
have
a
number
of
facilities
here
in
the
Metro,
not
just
in
Des
Moines,
but
even
in
Des
Moines
they're
in
various
parts
of
the
city,
yep
all
right,
well,
great
I,
don't
think
we
have
anything
else,
then.
Thank
you
very
much
thanks,
okay,
so
the
way
the
hearing
works
now
audience
participation,
if
they
so
choose.
Is
there
anybody
here
that
wants
to
speak
in
support
of
the
applicant's
request
for
this
conditional
use?
E
E
I'm
speaking
in
support
of
Ellipsis
converting
the
office
building
at
5525,
Meredith
drive
to
use
for
residential
programming,
I
have
been
an
ellipsis
volunteer
for
the
past
seven
years
and
I've
had
the
pleasure
of
serving
on
their
board.
For
the
past
five
years,
Ellipsis
has
been,
as
Chris
said,
to
Alyssa.
Ellipsis
has
been
caring
for
youth
in
our
community
for
80
years.
E
They
were
formed
with
the
merger
two
years
ago
from
Mid-American.
Our
youth
homes
have
been
American
and
youth
emergency
services
and
shelters.
Today,
Ellipsis
is
Central
Iowa's
leading
organization
that
provides
kids
and
families
in
need
a
necessary
safety
net
and
provides
opportunities
for
both
to
thrive.
E
In
that
80
years,
Ellipsis
has
been
a
valued
and
trusted
Community
partner
they've
remained
true
to
their
mission
of
helping
kids
and
families
build
healthy
relationships,
so
they
can
write
their
own
story
today.
Ellipsis
provides
varying
levels
of
service
to
more
than
750
kids
and
families
on
a
daily
basis.
Over
1800
hours
of
counseling
services
are
provided
annually
and
220
kids
benefit
from
the
various
residential
programs
that
are
located
right
here
in
our
community
each
year.
E
E
Their
facilities
have
proven
to
be
good
neighbors
in
the
areas
they
serve
within
our
community.
We've
already
talked
a
lot
about
the
property
itself
and
what
it
will
do
I
think
it's
important
to
note.
This
is
not
a
correctional
facility.
These
are
girls
within
the
state's
foster
care
system
and
the
Department
of
Health
and
Human
Services
have
the
responsibility
for
placing
youth
at
this
facility.
In
turn,
it's
ellipsis's
responsibility
to
provide
the
24
7
supervision,
using
a
one
to
five
ratio
of
staff
to
youth
and
to
provide
all
programming.
E
Girls
who
will
benefit
from
this
residential
program
could
live
in
the
facility
anywhere
from
six
months
to
four
to
five
years,
depending
on
their
age
in
which
they
enter.
As
an
organization,
ellipsis
I
believe
Ellipsis
is
best
suited
and
positioned
to
expand
their
services,
allowing
more
kids
and
families
to
be
served.
I
encourage
the
board
to
approve
the
conditional
use.
B
F
Afternoon,
distinguished
board
and
chair,
my
name
is
Tom.
Cher
I
live
at
5591,
Meredith
Drive
Unit
B
in
the
condo
near
the
village
Condo
Association.
My
concern
this
afternoon
is
primarily
one
of
security.
We've
got
a
large
percentage
of
elderly
people
that
live
in
our
townhome
Community.
A
couple
of
our
neighbors
right
across
the
street
are
in
their
90s
and
the
the
buildings
that
are
on
the
east
side
of
where
this
building
is
that
we're
talking
about
we're
within
probably
100
150
feet
of
their
backyard
and
I.
F
Understand
that
there's
going
to
be
offense
proposed,
but
I
think
the
security
that
people
feel
in
their
in
their
bodies
and
their
minds,
especially
when
we're
retired
people.
It
starts
to
wear
on
folks
and
there's
been
some
opposition.
If
you
read
through
the
the
things
that
have
been
documented
on
on
the
screen,
if
you
read
through
some
of
those
you'll
see
where
some
of
that
lies,
the
one
other
item
I
want
to
bring
up.
F
I
I,
concur
that
there
is
a
need
for
this
type
of
thing
in
the
city:
I.
Don't
just
I.
Don't
disagree
with
that.
The
other
thing
that
you
guys
already
said
that
you
couldn't
really
address
was
a
sewer
line
thing.
I,
guess
we'd
have
to
work
with
other
folks
on
a
planning
planning
portion
of
that,
but
there
that's
an
undersized
sewer
line
that
serves
that
that
community,
and
that
is
tied
in
with
an
easement
into
our
sewer
line
Thank.
You
thank.
G
G
G
However,
having
said
that
and
trying
to
focus
as
much
of
my
comments
as
I
can,
in
my
brief
time
at
this
Podium
I
would
say
that
there
are
some
certain
traffic
safety
issues
associated
with
Merit
Drive
35
mile
an
hour
speed
limit,
no
sidewalks,
no
turning
lanes
and,
quite
frankly,
I'll
submit
something.
After
the
session
for
staff,
with
your
Indulgence
inconsistent
with
your
rules,
the
last
Improvement
on
traffic
safety
on
Meredith
Drive
was
in
2014,
with
a
four-way
stop
at
50th
and
Meredith
Drive.
The
other
concerns
that
I
have
for
this
particular
property.
G
The
chairman
members
of
the
board,
the
nearest
public
fire
hydrants
on
this
narrow.
The
drive
are
east
of
5525's,
main
driveway
in
west
of
the
main
driveway
serving
the
Pud.
That's
Illustrated
on
your
aerial
photo
behind
you,
the
nearest
the
nearest
hydrant
is
going
to
be
in
the
Pud
and
that's
going
to
be
secured
by
a
proposed
security,
offense,
so
I'm
concerned
about
fire
safety.
G
Will
there
be
a
sprinkler
in
this
system
or
other
in
this
building
defer
to
staff
on
that
as
it
relates
to
the
site
plan?
There's
currently
a
gas
service
that
comes
into
the
building
and
most
of
the
service
once
it
gets
Beyond
the
meters
is
on
the
outside
I
presume
that
will
be
addressed.
If
you
go
forward
with
this
proposal,
sanitary
Eastman
has
been
discussed.
There
is
an
easement
available
to
provide
staff
with
a
copy
of
it
and
with
a
rough
diagram
of
the
existing
system.
G
It's
currently
that
system
is
about
20
years
old,
subject
to
check
it's
serviced
by
a
six
inch
PVC
line.
There
are
ongoing
issues
with
storm
water,
as
we
all
know
in
the
city
of
Des
Moines,
and
there
are
some
particular
issues
as
it
relates
to
this
particular
property
and
the
adjacent
abutting
properties
on
your
photo
behind
you.
We've
had
issues
in
2008
during
that
stormy
period
And
as
recently
as
2018..
G
G
The
last
area
of
my
comments
really
has
to
do
more
with
due
process.
I
had
to
go
down
to
City
Hall
speak
to
staff
and
seek
compliance
with
a
250
foot
notice
requirement
that
it
wasn't
complied
with
and
I.
Take
Serious
umbrage
with
that,
and
we
had
conversation
this
morning
on
grandparent
Duty.
We
sort
of
have
a
rushed
household
today
and
tomorrow
and
the
next
day
and
we're
we
were
asked.
I
was
asked
by
my
partner.
G
Should
we
sign
this
postcard
because
apparently
right
now
because
of
the
failed
in
insignificant
approach
to
notice
this
government
by
postcard
really
isn't
working
well,
so
I
would
almost
want
you
to
tap
the
brakes
on
this
and
take
another
look
at
it
possibly
table
it.
So
we
can
have
a
more
thorough
discussion
of
what
has
been
presented
here
this
morning
and
lastly,
as
it
relates
to
the
comments
from
the
Beaverdale
neighborhood
association
board,
president
I
was
at
the
July
meeting
of
the
Beaverdale
neighborhood
association.
G
Sat
through
the
whole
meeting
in
this
particular
project
was
never
discussed
and
I.
Think
I'm,
probably
the
person
that
reached
out
to
the
court
president
Beaverdale
neighborhood
association
and
reflected
in
his
remarks
that
were
posted
earlier.
That
concludes
my
comments.
Mr
chairman
members
of
the
board
appreciate
your
attention
to
this
matter.
It's
an
important
issue
for
the
Neighbors
Meredith
Village.
Thank.
B
You
Tom
I,
appreciate
you
coming
down
and
I
might
just
say
briefly
with
a
number
of
the
concerns
you
have
related
to
Meredith,
Drive
or
sidewalks,
or
Street
lighting,
there's
a
number
of
City
departments.
If
those
are
important
to
you,
you
can
talk
to
the
traffic
and
Engineering
division.
Public
works,
I've
been
a
neighborhood
leader
for
20
years,
and
they
all
know
me
by
first
name
basis
and
I
would
encourage
you
to
reach
out
on
those
issues,
not
just
when
there's
a
specific
use
change
of
a
property.
G
H
Afternoon,
everyone,
my
name,
is
Bill
Morton,
my
wife
and
I
share
a
residence
at
5583,
Meredith
you're,
not
able
to
see
our
residents
on
this
picture.
We
are
just
right
to
the
right
of
the
screen.
Edge
there
right
directly
across
the
last
unit
that
you
can
see
there
we're
kind
of
what
to
refer
to
in
this
community
as
homesteaders
we've
been
here
as
one
of
the
original
members
of
this
community,
so
we've
seen
quite
a
bit
come
and
go,
and
you
know
at
the
time
that
we
first
looked
at
moving
into
the
community.
H
We
were
pretty
pleased
to
find
a
place
in
in
this
community.
We
were
looking
for
an
area
that
Not
only
was
wooded
as
this
place
was,
but
something
that
was
in
a
community
that
was
being
rebuilt
and
being
revitalized,
and
it
was
our
understanding
at
the
time
that
that
was
indeed
the
case
with
Merle
Hay
Corridor
and
indeed,
we've
seen.
Some
of
those
changes
occur
over
the
years,
but
over
the
years
we've
also
seen
some
things
that
haven't
been
necessarily
positive
changes
as
a
homeowner
as
I
matured.
H
Probably
that
most
of
you
are,
you
know,
all
of
us
are
concerned
about
the
appraisals
we
recently
received,
but
also
you
know,
we're
also
concerned
about
our
home
values,
and
you
know
the
impact
of
you
know.
The
community
on
those
home
values
and
I
got
to
be
honest
at
the
time
that
it
was
a
commercial
property.
I
wasn't
necessarily
so
concerned
about
my
home
values.
This
brings
on
a
concern
that
I
didn't
have
before.
At
the
same
time,
I'll
tell
you
that
I
also
support
what
it
is
that
this
group
is
trying
to
do.
H
I
do
think.
It's
underserved
and
I
think
there's
a
number
of
other
groups
that
are
underserved
in
our
community
as
well.
That
said,
I
don't
need
them
all
in
my
backyard
and
I
don't
want
to
be
that
NIMBY
kind
of
a
guy
that
you
always
hear
everybody
talking
about,
not
my
backyard,
but
indeed
that's
what's
happening.
If
we
take
a
look
at
Merle,
Hay
Road,
you
know
the
Old
Days
Inn
that
used
to
be
down
there.
H
It
hasn't
been
that
long
ago
that
Anna
Wim
filed
and
I
it's
my
understanding,
got
approved
to
go
ahead
and
put
in
a
shelter
there
for
75
members
of
the
homeless,
Community
converting
those
into
Apartments.
Well,
you
can't
also
see
it
from
this
picture
that
was
taken
here,
but
if
we
look
at
the
very
top
corner
of
that,
that's
maybe
250,
maybe
300
yards
per
feet,
but
not
much
more
than
that
up
that
corner
of
that,
so
that
completely
surrounds
Us
Now
by
folks
that
are
either
going
to
be
homeless
and
or
struggling
to
be.
H
You
know
via
viable
members
of
our
community.
You
know,
that's
a
concern,
I
think
that's,
maybe
a
little
bit
too
much.
You
know
from
a
population
balance
standpoint
and
I
think
there's
probably
other
areas
within
our
community
where
there's
suitable
places
where
we
can
store
in-house
folks
that
that
are
struggling
to
find
their
way.
H
I'm
also
concerned
about
the
security
fence,
I
guess
and
what
the
size
of
that
would
have
to
be,
because
if
you
look
at
my
house-
and
you
can't
see
it
from
this
Photograph
or
the
even
my
neighbor
across
the
way
there,
but
the
way
the
community
is
built,
my
neighbor's
deck
oversees
that
community
and
is
about
10
their
deck,
is
about
10
feet
up
off
of
the
ground.
So
anybody
that's
in
that
lower
level
and
in
that
lower
level
parking
area
is
going
to
be
completely
visible
to
them,
as
they
will
be
to
me.
H
My
my
deck
is
as
I,
if
not
even
a
little
bit
higher
than
that,
so
any
occurrences
that
are
happening
over
there
any
conversations
that
are
happening
over
there.
Any
of
it
is
going
to
be
heard.
I
mean
I,
can
sit
on
my
front
porch
and
listen
to
my
neighbor's
comments
on
his
back
deck.
He's
going
to
have
that
same
pleasure
and
being
able
to
listen
to
everything
going
on
over
there
and
I
can
assure
you
that
was
the
shell
dolls
that
you
read.
The
email
from
I
can
assure
you
that
that's
not
something
they're.
H
Looking
forward
to
both
of
them
varied,
very
good
people,
both
of
them
came
out
of
a
community
of
sport
for
others
and
are
very
empathetic
as
well.
Both
of
them
also
see
and
understand
the
problems
that
could
come
from
this,
as
do
I
and
a
lot
of
my
elderly.
You
know
neighbors,
so
you
know,
I
would
just
ask
that
you
reconsider.
You
know
what
it
is
that
we're
talking
about
here
today.
We
need
these
services
and
Community.
There
are
a
lot
of
places
where
we
can
place
them.
Besides
of
our
backyards,.
B
Thank
you
for
your
comments,
any
other
buddy
or
anyone
else
is
here
to
speak
in
opposition
to
this
item.
Anybody
to
speak
in
neutrality,
seeing
none
we'll
go
ahead
and
go
back
to
staff.
Do
we
have
any
questions
for
staff
and,
I
might
say,
zoning
enforcement
officer?
Anything
you
want
to
add
Bert
sure.
Just
please
introduce
yourself.
I
Sure
Mr
chair
members
of
the
board,
Bert
Ross
planning
staff
for
the
city
of
Des,
Moines
I,
just
wanted
to
address
the
notification
issue
yeah.
You
know
we
do
send
out
courtesy
notices
for
all
of
the
public
hearings
again
they're
in
the
code,
AS,
courtesy
notices,
so
failure
to
send
notices
does
not
negate
any
action
that
the
board
takes.
I
That
said,
we
do
do
our
best
to
make
sure
that
those
mailing
lists
are
accurate
and
complete,
but
from
time
to
time
we
do
get
glitches
in
the
data
that
we
we
have
to
depend
on
Polk
County,
Assessor
data
or
Warren
County
Assessor
data
in
the
South
part
of
the
city
and
from
time
to
time
there
are
some
issues
where
the
data
doesn't
transfer
correctly.
But
in
this
case
about
two
weeks
ago,
we
did
notice
that
the
list
we
sent
on
this
was
incomplete
and
was
missing
several
Property
Owners
within
250
feet.
I
B
B
D
Thank
you,
I
just
want
to
make
sure
I
can
address
a
couple
of
the
things
that
came
up
if
that's
possible.
First
of
all,
I
want
to
I
just
want
to
express
appreciation
for
the
support
of
our
mission.
That's
really
important
and
I'm
hearing
really
positive
things
in
this
room,
and
that
makes
us
feel
good
about
the
work
that
we're
doing
and
our
staff
feel
good
about
the
work
that
they're
doing.
We
had
a
really
positive
meeting
in
person
with
the
neighbors
that
were
able
to
come.
That
day.
D
We
spent
about
an
hour
and
a
half
talking
about
kind
of
what
we
do
and
how
we
do
it,
and
so
I
think
you
know
I
would
just
kind
of
publicly
offer.
That's
always
that's
always
the
case
for
us.
We
would
always
like
to
have
those
conversations
and
make
sure
people
have
a
good
understanding
of
how
do
we
train
our
staff
to
keep
things
secure,
I
hear
that
issue
come
up,
you
know,
and
what
are
they
doing
in
the
case
of
a
kid
who
maybe
chooses
to
leave
our
facility
right?
We're
not
a
locked
facility.
D
I,
wouldn't
want
to
be
a
locked
facility,
we're
not
jail,
but
but
those
kinds
of
conversations
so
that
people
can
have
a
really
good
understanding
of
what
our
staff
are
doing,
to
make
sure
that
that's
true
in
their
neighborhoods
I'm,
obviously
not
a
site
expert,
but
we
are
working
with
some
experts,
so
I
guarantee
that
we
will
follow
their
advice
and
do
all
the
things
that
need
to
be
done.
There
I
also
did
have
a
really
good
conversation
with
Marcus
Conan
from
the
Beaverdale
neighborhood
association
by
phone.
D
So
just
to
reference
back
to
that
conversation
from
the
perspective
of
home
values,
I
I
think
all
I
would
do
is
say,
look
around
the
neighborhood
in
Johnston
around
our
campus
up
there,
and
that
has
gone
really
well
for
the
Neighbors
there.
So
that's
the
only
experience
I
can
speak
to,
but
I
think.
Hopefully,
people
will
see
that
this
will
be
a
positive
experience
for
everybody.
B
Chris
I
just
have
one
question
I'd
like
to
maybe
I,
don't
want
to
delve
too
deep
into
this,
but
I
know.
Sometimes
there
are
assumptions
that
are
made
I
see
here:
efficiency,
apartments
for
older
youth
who
are
aging
out
of
the
foster
care
system.
So,
if
somebody
is
in
foster
care,
why
would
there
be
an
automatic
concern
for
their
behavior
or
a
need
for
extra
security
or
concerns
like
that?
I
thought.
A
foster
kid
means
for
some
reason
they
just
don't
have
parents,
that's.
D
A
really
great
question
and
you're
right
in
some
situations
parents
are
in
prison,
parents
are
unable
to
care
for
their
children
for
whatever
reason
due
to
their
own
mental
health
substance
abuse
those
kinds
of
issues.
Lots
of
our
families
are
coming
from
a
place
of
poverty,
and
so
there's
situations
where
they
just
can't
financially
take
care
of
their
kids.
Clearly,
our
kids,
once
their
teenagers,
have
developed
some
survival
skills
that
sometimes
look
like
poor
Behavior
right
in
classrooms
and
that
kind
of
thing,
but
we're
not
dealing
with
violent
offenders.
D
D
Sure-
and
those
are
things
that
we
work
around
skill
development
on,
but
the
reality
is
they're
kids
who
need
us
and
their
kids,
who
were
trying
to
keep
out
of
homelessness
and
keep
out
of
the
the
correctional
system
and
make
sure
that
they're
growing
up
to
be
productive
adults
they're
going
to
be
our
neighbors
they're
going
to
be
our
community
members,
they're
going
to
be
our
friends
and
we
want
to
make
sure
they
can
do
a
good
job
of
that.
So.
B
J
J
You
know
they're
fulfilling
a
need,
they're,
utilizing,
unoccupied
space.
You
know
a
neighbor
talked
about
revitalization.
This
is
one
portion
of
revitalization
and
it
seems
like
this
is
a
petitioner
that
is
is
listening
to
the
neighbors
and
trying
to
address
some
of
their
concerns.
So
I
am
in
favor
of
approving
this
petition.
B
M
J
B
B
Yeah
I
think
that's
a
very,
very
important
thing
to
note.
This
is
a
conditional
use
request.
Conditional
use
means
we
will
approve
it
subject
to
these
conditions.
If
you
violate
the
conditions,
if
it's
determined
by
City
staff-
or
they
bring
this
back
to
us-
that
it's
become
a
problem,
we
can
take
that
approval
away.
B
So
think
of
somebody
that
invests
a
lot
of
money
and
time
to
renovate
a
facility
and
there's
a
problem
there
and
a
year
from
now,
it's
back
in
front
of
us
and
we
say
nope
sorry
we're
taking
away
your
conditional
use
they're
out
of
huge
investment
that
really
is
going
to
affect
them
significantly.
So
it's
always
kind
of
one
of
these
things.
You
know
we're
going
to
give
you
the
keys
to
the
car,
don't
crash
it,
because
we
can
take
it
away
from
you
as
well.
I.
Think
in
this
case
this
is
part
of
our.
B
This
is
why
we
are
here
to
review
and
listen
to
not
just
what
an
applicant
wants,
but
what
the
concerns
are
from
the
community
and
I
think
our
ordinance
is
designed
to
make
sure
we
look
at
that.
So
we
try
to
avoid
a
problem
before
it's.
There.
I
don't
see
a
problem
here.
This
could
be
converted
to
an
apartment
building
tomorrow
you
could
have
18
teenage
boys
in
there
that
aren't
under
any
supervision.
B
There
are
changes
that
can
happen
next
to
neighborhoods,
but
in
a
case
like
this
we're
talking
about
18
adolescent
girls,
who
are
looking
for
a
safe
place
to
live
my
neighborhood
on
the
South
Side,
there
was
a
yes
facility.
It
was
a
mile
and
a
half
from
us,
but
we
do
a
volunteer
project
every
year
and
we
raised
money
to
renovate
the
recreational
room
decorate
the
girl's
bathroom.
We
didn't
engage
with
the
residents
directly
that
wasn't
part
of
the
deal
we
could
sign
up
to
volunteer
separately.
B
B
So
from
my
perspective
as
a
conditional
use,
when
we
talk
about
having
a
fence,
a
fence
is
not
designed
to
be
a
moat
that
gives
100.
You
can't
see
me
I,
can't
see
you
it's
designed
to
be
a
bit
of
a
transition
of
small
barrier.
If
you
will,
this
is
my
side
of
the
fence.
This
is
your
side
of
the
fence,
just
like
Robert
Frost
I
think
said.
B
So.
Yes,
certainly,
you
may
be
able
to
see
over
the
fence.
But
what
are
you
going
to
see
an
apartment
build
so
I
think
it's
important
to
have
a
fence
for
some
screening.
So
this
is
my
property.
It's
your
property
Landscaping
will
be
required
with
your
site
plan,
but
I
think
the
conditions
presented
here
are
designed
to
have
that
balance.
B
Staff
has
recommended
approval,
I,
believe
the
conditions
will
help
us
start
off
on
the
right
foot
with
this,
and
if
we
approve
this
I
hope
that
you
reach
out
to
those
neighbors
and
invite
them
to
your
open
house.
So
I'm
going
to
make
a
motion
to
Grant
approval
of
the
requested
conditional
use
subject
to
the
conditions
presented.
B
Second
by
marvelous,
all
those
in
favor
raise
your
right
hand
say:
I,
okay,
same
abstain,
Okay,
so
we've
got
five
yays
any
Nays,
seeing
on
any
abstentions.
We
have
one
all
right:
abstention
from
Tom
okay,
so
that
motion
carries
five.
Zero
you'll
get
a
copy
of
that
decision
in
order
in
about
a
week
on
your
project,
and
we
wish
you
well
and
I.
Thank
all
everyone
who
responded
with
the
cards
came
down
here:
keep
up
the
good
work.
B
I
All
right,
Mr,
chair
members
of
the
board,
Bert
Ross
planning
staff
for
the
city
item
number
13-
was
continued
from
the
June
meeting
had
a
few
member
at
that
time.
There
are
only
five
board
members
in
attendance,
so
the
board
continued
it
to
this
meeting
so
that
a
potentially
six
or
seven
board
members
could
be
here.
I
But
the
request
is
in
regards
to
the
property
at
2120
Ingersoll
Avenue,
also
known
as
Zora
they've,
been
operating
as
a
restaurant
and
there's
been
I,
guess
some
suspicion
that
they
weren't
meeting
the
sales
requirements
needed
to
maintain
their
restaurant
status.
So
the
zoning
officer
looked
into
it
and
and
sure
enough
that
they
weren't
meeting
that
so
they
applied
for
this
conditional
use
to
allow
the
property
to
be
used
as
a
bar.
So
what's
up
for
discussion
today
is:
is
this
property
appropriate
for
a
bar
use?
I
It's
not
whether
we
should
be
revoking
a
conditional
use
or
I'm
taking
anything
away,
it's
whether
they
should
be
given
the
conditional
use
for
a
bar
in
the
first
place,
so
I'm,
it's
possible.
You
guys
have
seen
some
stuff
on
the
news.
There
is
I
guess
I've.
Seen
the
reports
that
the
business
has
closed
I,
don't
think
that
necessarily
impacts
our
hearing
today.
This
property
owner
could
sell
it
to
another
entity.
So
if
the
property
is
given
the
conditional
use
for
a
bar,
that
means
another
bar
could
potentially
go
in
there.
I
Even
if
this
business
does
not
and
I
also
wanted
to
address
I
know,
you
may
have
seen
that
there's
a
court
order
that
says
they
currently
cannot
sell
alcohol
after
10
o'clock
pm.
That's
separate
from
this
hearing.
Again,
that's
just
an
order
on
the
existing
business,
so
we
don't
necessarily
need
to
take
that
into
account,
but
you
know
just
go
through
the
presentation
quickly.
The
site
is
located
at
the
corner
of
MLK
and
Ingersoll
Avenue.
I
I
And
then
this
is
their
floor
plan
and
then
in
the
staff
recommendation
we
lay
out
the
criteria
that
conditional
uses
need
to
be
reviewed
against.
We
have
the
five
criteria
that
any
conditional
use,
selling
alcohol
is
held
against
and
then
there's
nine
criteria
that
any
conditional
use
is
held
against.
So
there's
those
two
sets
of
criteria:
I'll
just
go
through
the
first
five
criteria
that
are
for
specific
to
the
conditional
uses
with
alcohol
soil.
So
the
first
does
the
business
conform
with
the
conditions
identified
in
the
separation
table.
I
Yes,
there
aren't
any
churches,
policies
of
worship,
Parks
schools
or
daycares
within
150
feet,
but
then
the
next
two
conditions
are
where
we
really
base.
Our
recommendation
on
is
the
proposed
location,
design,
construction
and
operation
of
the
particular
particular
use
adequately,
safeguarding
the
health,
safety
and
general
welfare
of
the
person's
resorting
residing
in
the
adjoining
residential
area
and
then
as
the
business
separated
sufficiently
from
the
adjoining
residential
area
by
distance
landscaping
and
structures
to
prevent
any
noise
or
light
generated
from
the
business
from
having
a
dental
mental
impact.
I
So
we
don't
believe
that
this
site
meets
these
two
criterias
as
you
or
as
I've,
laid
out
in
this
recommendation.
There's
been
a
number
of
police
calls
to
the
property,
many
with
disturbing
the
peace
and
some
other
violence
and
assault.
So
we
don't
feel
that
this
site
adequately
protects
those
people
residing
in
those
surrounding
areas
and
then
the
fourth
condition
is:
will
the
business
unduly
increase
congestion
in
the
streets?
I
We've
heard
a
number
of
complaints
already
about
parking
and
other
congestion
congestion
issues,
so
we
don't
feel
that
this
site
meets
that
and
then
the
last
one
is
the
big
one
of
the
business
or
the
operation
of
the
business
will
not
constitute
a
nuisance.
We
feel
that
the
existing
business
as
a
restaurant
has
definitely
constituted
a
nuisance.
I
Just
given
the
number
of
police
calls
and
police
reports
that
have
been
brought
to
the
site
and
then
the
next
criteria,
as
I
mentioned,
are
just
in
general
for
any
conditional
use
and
again
they'd
have
to
deal
with
the
safeguarding
health,
safety
and
general
welfare
of
people
in
the
surrounding
area.
We
don't
feel
it
needs
that
criteria.
I
We
don't
believe
that
it.
We
believe
it'll
cause
congestion
and
so
on.
So
for
those
reasons
we
have
recommended
denial
of
the
conditional
use.
We
don't
feel
that
a
bar
at
this
location
is
in
the
best
interest
of
the
city.
We
don't
feel
that
they've
satisfied
the
condition
or
the
criteria
in
those
conditional
use
requirements
for
granting
it
so
I'll
just
go
through
the
public
comments
that
we've
received.
This
is
the
map.
I
I
I
I
You
know
if
you
in
the
letter
from
the
neighborhood
association,
they
pointed
out
that
they
received
the
letter
at
the
time
that
the
meeting
was
being
held
and
then
pretty
much.
The
rest
of
my
presentation
is
just
a
list
of
the
police
calls.
So,
as
I
alluded
to
earlier,
there
have
been
a
number
of
police
calls
generated
by
the
existing
restaurant
business
at
the
property.
B
B
B
B
We
have
questions
for
Bert,
I
I
am
kind
of
curious.
If
you
can
help
me
kind
of
go
back
in
time
here.
Let's
say:
I
wanted
to
construct
a
Tavern
or
Bar
from
scratch
in
the
city
of
Des
Moines.
If
I
knew
I
wanted
to
do
that
and
I
was
going
to
promote
it
and
advertise
it
as
a
bar.
I'd
have
to
get
a
conditional
use
from
the
city
from
and
this
board's
approved
from
square
one
right.
B
B
That's
what
I'm
curious
about
so
when
this
was
built,
it
was
obviously
it
was
new
construction
building
codes,
probably
site
plan,
the
whole
nine
yards
and
I'm,
assuming
they
had
applied
as
a
restaurant,
with
a
request
for
a
liquor
license
correct,
correct,
so
no
oversight
from
this
board
at
that
time.
Right.
I
I
I
B
So
the
the
applicant
had
asked
for
continuance
from
last
month's
hearing.
We
only
had
five
members
there
and
just
as
policy
we
let
folks
know
if
they'd
like
to
continue
one
time
they
can
I
can
never
guarantee
that
there'll
be
five
six
or
seven
members.
We
always
need
four
to
pass
anything,
so
we
did
give
a
continuance
to
this
meeting,
but
as
at
this
juncture,
then,
if
the
applicant
is
not
here
and
the
applicant
or
representative
didn't
make
any
statements
that
I
would
like
to
withdraw
or
do
anything
else,
then,
should
this
hearing
proceed.
N
Chair
I
believe
the
the
hearing
can
proceed:
the
okay,
the
rules
of
the
board
and
chapter
134
of
the
of
the
code.
You
know
direct
the
board
win,
a
win,
a
completed
application
is
received
and
the
hearing
is
set,
the
rules
and
the
the
ordinance
direct
the
board
to
either
approve,
deny
or
approve
with
conditions
the
application,
the
rules
and
the
ordinance
allow
applicants
to
withdraw
their
application
at
any
time,
and
it
sounds
like
that
has
not
happened.
Okay
and
to
Bert's
Point.
Regarding
you
know
a
subsequent
application.
N
B
B
O
O
Subsequent
successive
successive
offensive
applications
is
section
134
6.4.13
and
that's
the
one
that
Gary
mentioned
the
one
year
with
where
it
could
be
considered
earlier
than
the
one
year
if
there
was
circumstances
that
had
materially
changed
as
a
zoning
enforcement
officer.
I
would
urge
you
to
move
on
with
the
hearing,
because
the
other
element
to
this
is
this
is
coming
to
you
as
a
remedy
for
an
enforcement
action
for
illegal
use
on
the
property.
So
if
the
longer
it
would
be
continued
or
stretched
out,
then
that
enforcement
is
on
stay.
O
B
Okay,
I
appreciate
information,
clarification
from
both
of
you.
We
will
proceed
with
this
item
here
for
this
hearing.
I
know
that
the
applicant
was
here
last
month.
He
asked
that
this
be
deferred
to
this
month.
He
knew
the
date
and
time
of
this
appointment
and
was
provided
every
opportunity
to
be
here
to
represent
his
interest.
B
So
we'll
proceed
with
the
hearing.
Since
the
applicant
is
not
here,
we'll
take
testimony
from
the
audience.
Is
there
anybody
that
wishes
to
speak
in
support
of
the
applicant's
request
for
conditional
use
as
a
bar
at
this
address
anybody
that
wishes
to
speak
and
support?
Please
raise
your
hand
and
or
step
forward
going
once
going
twice,
not
sold.
Okay.
Is
there
anybody
here
that
wishes
to
speak
in
opposition?
Please
just
show
some
hands
if
there
are
going
once
going
twice
just
five
minutes,
anybody
wants
to
step
up.
They
can.
B
If
nobody
wants
to
speak
in
opposition,
is
there
anybody
wishes
to
speak
in
neutrality?
Any
general
issues
related
to
this,
not
pro
work
on
that
you
would
want
us
to
consider
going
once
going
twice.
Okay,
so
no
other
comments,
aside
from
I,
think
the
record
has
some
comments
on
file
that
staff
has
shared
with
us.
We've
had
a
chance
to
review
those.
B
B
P
J
Sure
I'll
just
add,
with
that
I
mean
putting
a
bar
here,
would
only
intensify
what
is
currently
going
on,
which
is
detrimental
to
the
safety
and
health
of
of
the
community,
and
so
I'm
very
concerned
that
if
this
was
a
bar,
that
it
would
just
continue
and
probably
get
out
of
control-
and
you
know
there
would
be
other
issues
compounding
what's
already
been
happening.
So
I
I
think
that
I
would
be
in
favor
of
denying
the
applicants
application
for
it
to
be
a.
B
And
I
do
very
much
appreciate
that
the
concern
that
I
have
with
this
one,
specifically
sometimes
the
business-
begins
as
a
restaurant
and
and
they
may
receive
a
liquor
license
from
the
city.
The
state
participates
in
that
as
well,
but
maybe
they
determine
that
over
time.
Gosh
51
of
our
sales
are
alcohol.
We
we
need
to
apply
to
be
a
Tavern
and
many
do
that
and
do
that
fine.
B
But
it
seems
to
me
that
we
have
a
case
here
for
the
last
two
years.
This
has
been
an
operation
that
has
run
much
like
a
teenager
without
a
driver's
license
that
drives
all
over
the
place.
Causes
Chaos
everywhere
we
have
over
150
police
reports
in
two
years.
That's
a
visit,
or
at
least
a
inquiry
with
the
police
department
every
fifth
day,
I.
Just
can't
think
of
why
we
would
then
want
to
turn
around
and,
in
essence,
issue
a
license
to
operate
as
a
Tavern
when
that
kind
of
past
behavior
is
already
present.
B
Past
behavior
is
a
great
indicator
of
future
performance
and
within
the
last
30
days,
since
we
deferred
this
at
the
applicant's
request.
Unfortunately,
it's
only
gotten
worse,
I'm,
very
disappointed
to
have
seen
this,
so
we
do
have
a
motion.
Okay,
that's
a
motion
by
you
for
staff
Rec,
which
would
be
denial,
was
that
a
second
by
You,
Justin
or
Justin,
no
I.
B
B
C
Good
afternoon
chair
members
of
the
commission,
thank
you
for
that
moment
to
get
set
up.
The
item
in
front
of
us
today
is
located
at
216,
Court
Avenue,
and
this
proposal
is
to
amend
conditional
use
as
initially
granted
on
August
22nd,
2007
and
amended
on
December
21st
2022..
This
item
came
back
last
November
and
was
heard
in
front
of
us
in
December,
at
the
request
of
the
zoning
enforcement
officer
to
reconsider
the
conditional
use
at
that
time.
C
At
that
time,
the
conditional
use
was
approved
with
some
conditions,
including
the
hours
of
operation
for
the
business
to
close
at
midnight
and
for
the
item
to
come
back
to
the
board,
for,
as
the
conditional
use
would
expire
on,
December
31st,
2020,
literally
requiring
them
to
come
back
to
the
Board
of
adjustment.
The
applicants
are
in
front
of
us.
They
are
looking
once
again
for
the
conditional
use
to
cover
approximately
35
000
square
feet
of
multi-tenant
space
within
the
existing
building.
C
C
And
a
picture
of
the
patio,
as
well
as
the
cafe
that
extends
along
that
area,
alternative
space,
and
so
the
applicants
submitted
thus
fact
sheet
which
I,
which
I
wanted
to
point
to.
On
the
first
floor,
the
applicant
is
proposing
a
restaurant
similar
to
Stuffed
Olive,
something
similar.
It
would
be
a
restaurant
space
with
the
adjoining
patio
space
you
can.
You
can
see
how
it's
laid
out
over
here
patio
there.
C
C
The
applicant
will
speak
more
to
that
when,
when
they
come
up
to
present,
the
applicant
has
indicated
that
they
are
looking
at
an
entertainment
or
Amusement
type
venue
to
attract
wide
wide
range
of
patrons
one
of
the
one
of
the
uses
in
the
past,
predominantly
within
the
building
was
a
dance
club
type
situation
throughout
much
of
the
building
and
so
they're.
Looking
at
tailoring
that
back
so
restaurant
use.
On
the
first
floor,
second
floor
would
be
more
of
a
gaming
styled
venue
and
then
on
third
third
floor.
C
They
are
looking
to
have
a
Nashville
style
venue
where
people
can
enjoy
live
music,
so
it
would
be
a
live
music
venue
here
is
the
second
floor,
and
it
is
possible
that
those
could
be
broken
up
into
more
than
one
tenant
Bay.
There
could
potentially
be
two
but
they're
they're,
certainly
looking
for
someone
to
occupy
the
entirety
of
that
space,
and
then
the
third
floor
is
the
live
music
venue.
B
Q
B
A
A
C
C
C
The
staff
believes
that
the
situation
at
the
time
the
board
made
its
previous
decision.
The
tenants
have
material
materially
changed
so
as
to
potentially
alter
the
reasons
that
produced
or
supported
the
previous
decision
to
enact
conditions
restricting
those
hours
and
the
expiration
of
the
conditional
use
on
December
31st
2023.
At
this
time
the
premise
is:
is
vacant
with
all
of
the
previous
tenets
who
are
no
longer
within
the
building.
The
applicant
can
speak
more
to
that
in
a
moment.
C
The
conditional
use
with
the
following
conditions
is
warranted.
The
conditional
use
shall
expire
on
January
31st
2024
unless
the
board
of
adjustment
grants
a
subsequent
Amendment
to
the
conditional
use
or
grants
a
new
conditional
use
for
any
business
selling
alcohol,
alcoholic
liquor,
wine
and
or
beer.
C
Additionally,
we
did
add
the
condition
indicating
a
change
to
the
hour
hours
of
operations
to
be
8
A.M
to
2
A.M
daily.
However,
any
live
music
shall
end
promptly
at
12
a.m
or
midnight
on
any
day,
and
then
the
remainder
of
the
conditions
are
standard
and
were
already
in
place
for
the
existing
conditional
use.
C
And
this
is
the
consent
map.
However,
there
there
are
a
number
of
comment
cards
that
did
come
in
and
support
that
were
condos
and,
and
they
didn't
show
up
on
the
map,
and
so
I
I
do
want
to
make
that
clear
that
we
do
have
six
condos
within
the
area
that
have
indicated
support
for
the
project
and
I'll
show
those
in
a
moment.
I
did
not
receive
any
in
opposition.
I
Let
me
say
something
too
and
I
guess
what
you're
I'm
reading
through
these
one
thing
I
did
want
to
point
out
is:
is
Frank
alluded
to
those
first,
two
conditions
that
staff
is
recommending
is
really
they're,
the
two
that
the
applicant's,
not
in
agreement
with
you'll,
see
we've
limited
it
to
initially
to
a
six-month
period.
We
just
felt
like
yeah.
I
But
if
the
board's
not
inclined
to
grow
with
that
six
month
review
period,
I
would
point
out
that
with
any
conditional
use,
it
is
subject
to
reconsideration
by
the
sport
at
any
time
that
the
zoning
officer
determines
it's,
become
a
nuisance.
So
I'm
just
pointing
out
if
the
board
isn't,
if
they
do
want
to
Grant
the
amendment
in
perpetuity
without
that
six-month
review
period,
there
is
always
that
option
for
the
zoning
officer
to
bring
it
back
if
it
should
become
a
nuisance
again.
B
Frank,
while,
while
you're
going
through
that,
if,
if
you
don't
mind,
if
I
can
ask
I
just
want
to
make
sure
I
understand
this
I
heard
about
new
ownership
group
or
new
owners
is
this?
Are
there
new
owners
of
the
property
or
new
owner?
Is
the
applicant,
a
quote
new
owner
that
is
not
affiliated
with
the
past
quote
owner
all.
C
Right
I
will
ask
the
applicant
to
expand
upon
that,
but
it's
my
understanding
that
ownership
has
has
been
been
in
effect
for
two
years.
However,
the
the
owners
had
the
intention
at
at
some
point
in
terms
of
revisioning,
the
property
sure,
and
so
the
the
situation
that
took
place
over
the
last
six
months
has
allowed
them
to
accelerate
that
and
re-envision
the
property,
much
quicker
than
they
anticipated.
J
Just
a
couple
questions
and
one's
a
procedural
one.
You
know
there
were
some
previous
discussion
about
the
ability
to
reapply
for
conditional
use,
and
you
know
the
the
time
period
has
to
be
a
year
unless
there's
some
material
change
in
circumstances.
I
know
here
we're
talking
about
reconsideration,
but
can
you
clarify
I
mean?
Can
that
be
done
at
any
time?
C
J
J
C
B
Thank
you
so
Frank,
since
that's
kind
of
out
on
the
table,
I
don't
see
any
of
that
being
referenced.
The
applicant
hasn't
spoken
yet.
But
if
we're
inclined
to
say
yes
to
this,
then
what
the
switch
just
goes
back
on.
Yep,
we've
re-envisioned-
and
here
we
are-
is
there
a
need
to
remodel
the
interior
spaces?
Would
there
be
any
building
permits
needed,
secondary
reviews
of
occupancy
and
making
sure
we're
complying
with
fire
code?
What
what
will
happen
here?
If
we
say
yes.
C
That
that
is
a
great
question
for
the
applicant.
It's
my
understanding
that
they're
putting
a
substantial
if
they
get
approval,
they
are
putting
a
substantial
reinvestment
into
the
property
of
which
those
changes
would
require
building
permits
for
the
alterations.
Now,
if
you
know
I
I
guess
you
would
look
for
some
assurances
that
they
were
going
to
move
forward
with
those
and
they
weren't
going
to
simply
be
granted
the
conditional
use
and
operate
right
as
it
currently
exists.
B
But
I'm
just
I'm
curious
what
the
police
things
with
this
address.
This
was
also
at
a
time
when
it
was
partially
closed.
That's
correct!
Okay,
so
the
police
sometimes
will
use
you
know,
gee,
that's
the
closest
address
to
the
corner
of
or
something
like
that.
It
doesn't
necessarily
mean
this
was
going
on
inside
or
at
the
front
door
of
216
Court
correct.
C
A
B
I
think
for
now
we're
good,
we'll,
maybe
come
back
to
staff
if
we
do
need
clarification
after
we
listen
to
the
testimony.
Thank
you
Frank,
okay.
So
what
we'll
do
now
is
we'll
transition
to
the
applicant,
the
applicant
or
their
representative
has
up
to
10
minutes
to
present
their
reasoning
for
their
request
for
conditional
use.
Here
we
just
need
your
name
and
address
to
kick
us
off
perfect.
J
R
R
I'll
go
in
more
detail
as
we
go
along
here
again:
A
New
Beginning
a
new
century,
and
we
hope
that
we're
involved
in
this
very
long
long
time,
new
owners,
the
ownership
group
took
over
control
via
the
share,
so
to
speak
a
little
over
a
year
ago.
The
last
time
they
were
before
the
board
in
December.
So
it's
been
one
year
and
11
months
that
the
current
ownership
who
took
over
the
ownership
from
The
Entity
Court
Center
LLC.
R
So
the
question
LLC
has
been
around
for
20
plus
years,
but
we
are
relatively
new
and
I
want
to
make
sure
that
to
answer,
perhaps
Mr
chairman
one
of
your
questions
but
wanted
to
make
sure
that
we've
always
had
this
approach.
When
we
took
over
the
building
took
over
control
of
reimagining
it
and
now
the
events
have
allowed
us
now
to
clean
slate
to
move
forward
all
right,
the
ownership
team.
Again
everybody
back
there,
the
ownership
team,
the
challenges
that
confronted
216,
core
Avenue
or
the
CC
more
complex.
R
So
it
takes
a
group
of
individuals
that
are
professionals,
quite
honestly,
The
A
Team,
to
be
able
to
solve
those
problems
and
successfully.
So
take
note
a
founder
of
an
Aztec
created
company
for
25
years
in
the
hospitality
industry.
A
financial
real
estate
development
expert
speaks
four
languages
and
is
the
current
president
of
the
Cedar
Falls
School
Board
in
entertainment
and
hostile
professional
40
years
experience
in
the
food
and
beverage
industry.
R
Three
terms
is
the
Iowa
arrest,
Association,
chair
and
former
chair
of
the
community
Ministry
organization
of
Cedar
Falls
and,
last
but
not
least,
a
restaurant
bar
Professor,
who
has
co-founded
two
International
franchise,
restaurant
Concepts
and
developed
operational
Financial
oversight
of
320
plus
unit
restaurant
and
bar
groups,
and
he
also
has
significant
real
estate.
Hospitality
development
experience
all
right.
So
what
does
Ella
mean?
The
background
allows
award
entrepreneurial
two.
R
We
have
over
125
years
worth
of
combined
experience
of
food
and
beverage
and
business
startups,
but
I
also
want
to
mention
it's
not
just
Hospitality
in
restaurants
and
bars,
but
in
also
real
estate
development.
So
it's
the
balance
of
the
two
that
allow
us
to
realize
the
vision
that
we're
about
to
convey
to
you.
R
We've
also
done
this
before
proven
proven
injection
of
capital
within
markets.
Downtown
Cedar
Falls,
took
over
a
similar
type
of
project,
took
over
a
building
reimagined
with
four
different
concepts,
and
now
the
the
properties
around
that
in
downtown
Cedar
Falls
have
had
a
significantly
positive
impact
on
property
values.
R
R
Hence
the
desire
to
have
a
upscale
casual
restaurant
in
that
first
floor
that
can
activate
that
streetscape
and
engage
the
community
from
a
real
estate
perspective
and
a
business
perspective
responsibly
six
days
a
week,
especially
on
Farmers
Market
Days,
we're
excited
for
that
Community
engagement,
not
only
the
physicality
of
the
building,
but
also
to
us
as
owners.
We
want
to
continue
the
relationship
that
we've
got
with
the
community
and
that
we've
done
it.
We've
started
a
number
of
months
ago.
R
All
right,
you
understand
the
property
characteristics,
35
000
square
feet,
it's
literally
as
we
like
to
say
in
all
these
meetings,
the
corner
of
Maine
and
Maine
in
downtown
Des
Moines.
So
we
take
that
as
a
responsibility.
We
also
want
to
make
sure
that
we
make
the
building
a
entertainment
Mecca
for
locals
and
for
visitors
and
for
families
and
again
Saturdays
at
Farmers,
Market
Days.
R
R
We
are
going
to
invest
and
have
invested
millions
of
dollars
both
in
the
exterior
and
I'll
get
to
the
interior
piece
here
shortly,
but
that
is
a
brand
new
look
literally
a
brand
new
look
for
the
building
from
what
it
is
today
still
paying
homage
by
the
way
to
what
it
looked
like
100
years
ago,
all
right,
healthy
and
vibrant
mix
of
Concepts,
vibrant
mix
of
Concepts,
first
floor
or
restaurant
need
to
take
advantage
of
the
proximity.
That's
the
a
prime
site.
Two,
as
the
city
has
said,
an
entertainment,
Amusement
style
type
venue.
R
We
propose
that
that's
our
desire,
something
that's
not
just
going
to
be
alcohol,
being
the
primary
reason
why
somebody
would
want
to
go
up
to
the
second
floor.
Third
floor,
a
Nashville
Style
classic
country,
classic
rock
live
music
venue,
there's
a
stage
there
already
from
a
previous
tenant.
The
bones
are
there
for
somebody
to
be
able
to
take
advantage
of
that
and
that's
an
important
possible
and
proposed
type
of
concept
for
that
third
floor.
We
think
that
mix
again
being
very
healthy,
will
be
very
beneficial
to.
R
R
The
difference
between
what
happened
when
we
inherited
the
leases
from
the
previous
entity
was
the
fact
that
the
leases
were
not
as
strong
of
a
tool
in
our
toolbox
as
Property
Owners,
to
be
able
to
be
to
be
able
to
make
sure
that
we
had
behavior
that
was
positive
and
compatible
to
the
success
of
the
building
in
the
street.
We
are
moving
forward
for
any
new
lessees
have
robust
leases
that
would
be
proactive
enough.
It'll
have
a
bark
and
it'll
have
a
bite.
It's
clean,
that's
the
biggest
tool.
R
There
are
toolbox
moving
forward
and
we
want
to
continue
to
work
collaborate
with
the
city,
officials
and
other
community
leaders.
We
felt
we've
done
that
over
the
past
six
months
and
Why
Stop
Now.
We
know
it's
not
just
going
to
be
us,
but
it
takes
a
village
all
right.
You,
you
heard
a
little
bit
about
a
sharing
of
our
vision
with
the
community,
in
addition
to
the
mandated
public
meetings
that
we
had.
R
We
also
met
with
dozens
of
Court
Avenue
Neighbors
cord
Avenue
business
members
of
the
Des
Moines
Police
Department
City
Council
Members,
Polk,
County
Supervisors
public-private
entities.
We
wanted
to
get
ahead
of
it
wanted
to
hear
what
they
said
and,
as
you
saw,
we
see
letters
from
individuals
here
that
share
our
vision.
R
Okay,
we
were
asked
to
show
Improvement.
We
feel
we
did
that
and
then
some
we've
been
above
and
beyond
the
building
again
100
empty,
have
over
50
meetings
have
invested
Millions
willing
to
invest
more,
not
just
the
exterior,
ladies
and
gentlemen,
but
the
interior
as
well.
It
was
mentioned
about
the
tenants.
R
M
R
B
Within
the
last
two
years
there
was
a,
although
it's
excluded
in
Des
Moines
zoning
code,
there
was
a
nude
performance
at
one
of
the
establishments
there.
Some
might
even
say
there
were
sexual
acts
performed
between
parties
there.
As
part
of
this
performance,
I
was
not
there
to
see
it,
but
was
that
a
tenant?
Is
this
what
you're
trying
to
prevent
with
new
agreements?
We
are
indeed
okay.
We
are
indeed
we
so
so
this
wasn't
like
oh
yeah,
we
invited
the
performers
down
and
g-shucky
Darna
got
out
of
hand
you
this.
R
B
C
B
Unfortunately,
it
got
way
out
of
hand
pun
intended
so
I
like
what
you're
proposing
I've
always
liked
Court
Avenue
but
I,
think
of
the
Bricktown
District
in
Oklahoma
City,
and
how
this
would
fit
into
that.
I
was
just
at
Haymarket
Square
in
Lincoln
had
a
great
time,
you'd
fit
perfect
in
that
we
don't
have
to
compare
ourselves
to
Denver
and
Chicago
to
see
other
cool
stuff,
especially
in
our
own
town.
R
That's
a
really
good
question.
First
of
all
we
would
be,
it
would
be
very
unwise
of
us
just
simply
saying
thank
you
very
much
the
board,
and
now
we
just
allow
tenants
and
literally
turn
on
the
lights
and
please
come
on
in
yep.
That
would
be
jeopardizing
a
tremendous
amount
of
financial
sure
and
time
investment
to
go
back
to
the
same.
You
know
what
does
that
definition
of
insanity
doing
the
same
thing
over
and
over
again
expected
different
results?
That
is
not
what
we
want
to
do
at
all.
B
Gotcha
within
what
you
have
proposed
here,
you
said
you
wouldn't
be
supportive
of
anything
that
said
well,
this
conditional
use
will
expire.
You
know
six
months
or
a
year
from
now,
because
you
need
that
investment,
of
course,
and
and
people
want
to
know
if
we
invest
in
and
do
this
thing,
yeah
you're
going
to
be
around
if
we
were
inclined
to
do
that,
which
I
understand
where
your
concern
would
be,
as
we've
said
before-
and
we
say
this
on
any
conditional
use,
even
if
we
give
you
one
that
normally
doesn't
have
a
Time
limitation.
B
If
there
are
problems-
and
it's
brought
back
to
us-
we
can
take
it
away.
So
conditional
use
is
never
permanent,
but
I.
Think
you
work
that
into
your
your
contracts
to
let
people
know
Hey,
listen,
we
will
all
sink
or
swim
together,
because
if
we
were
inclined
to
issue
this
even
without
any
expiration,
if
this
comes
back
to
us
in
another
year,
what
do
you
think
we're
going
to
say
now?
B
Another
year
from
now,
you
should
just
barely
be
getting
started
because
you're
going
to
make
all
this
great
investment,
so
but
I
just
want
to
make
sure
that
that's
very
clear
to
you
and
your
ownership
partners
that,
even
if
we
say
yes,
it's
conditional,
you
have
to
meet
the
conditions.
If
you
start
causing
problems
and
chief
wingert
complains
to
the
zoning
staff
and
they
get
a
hold
of
us
you're
going
to
be
back
in
front
of
us,
and
we
don't
want
that.
B
P
R
P
R
P
So
you
know
because
I
think
of
our
last
last
time
this
was
in
front
of
us.
You
sent
your
counsel
in
her.
That's
like
sending
like
somebody
to
a
gunfight
with
a
knife.
You
guys
I
think
the
weather
was
your
excuse
for
not
being
here,
lousy,
excuse,
I,
think
this
is
great.
I
think
this
is
a
key
component
to
the
court.
Avenue.
Obviously,
you've
got
some
great
support
from
Community
leaders
and
people
that
are
active
in.
P
What's
going
to
happen,
downtown
I,
I'm,
I
still
think
I,
gotta
I
gotta
be
convinced
that
you
guys
are
committed
and
that
you
are
going
to
make
this
happen
before
I
can
get.
You
know,
I
think
this
six
months
as
Mel
said
the
ownership
of
this.
The
condition
you
spend
is
on
you
with
your
tenants,
so
whether
it's
six
months
or
12
months,
it's
it's
up
to
you
guys
to
make
sure
this
works
and
if
you're
really
good
about
tracking
tenants.
P
Just
to
hear
some
of
the
other
comments
in
some
of
the
other
testimonies
that
we're
going
to
have,
because
you
had
tenants
that
were
stat
that
stood
up
in
front
of
us,
that
weren't
very
complimentary
of
you
guys
as
owners,
and
they
tried
to
invoke
change
if
my
memory
surfing
correctly
so
I
know
the
some
of
the
issues
that
we
were
dealing
with
were
decreased
exponentially
based
on
our
ruling
and
that's
too
bad
that
we
had
to
do
that.
It
really
is
because
I'm
a
I'm,
a
pro-business
guy,
but
that
was
a
mess.
P
B
Yeah
I
normally
don't
like
comments
from
the
audience,
but
that's
a
good
one.
No!
No!
No!
No!
That's!
That's
fine!
So
board
members,
it's
always
difficult,
but
even
if
your
light
is
on-
and
it's
green
you've
got
to
have
the
microphone
within
about
six
inches,
so
pull
it
towards
you
make
a
bunch
of
Noise
with
it.
I
don't
care,
but
I'd
rather
have
our
audience
hear
us
than
try
to
guess
what
we're
saying
so
Tony.
If
are
there?
No
other
questions
for
Tony
at
the
time?
B
Okay,
and
we
will
be
checking
back
with
you
because
you
get
the
final
three
minutes
rebuttal.
So
thank
you.
What
we're
gonna
do
here,
real,
quick,
we're
going
to
take
a
very
short
break.
I
know:
you've
all
been
patient
that
have
been
here
with
with
interest
or
concerns
in
this
item,
but
we're
going
to
take
less
than
a
five
minute
break.
I
want
to
get
back
on
the
clock
at
3,
15.
I
know
a
number
of
people
just
need
a
couple
minute
break
here,
including
myself,
so
this
hearing's
adjourned
until
3
15.
B
S
S
Want
to
go
on
record,
though.
Okay,
several
years
ago,
you
see
she
suggested
we
move
back
downtown
and
this
time
we
raise
our
family
there.
So
we're
down
probably
three
or
four
blocks
from
this
building
and
I
have
an
eight-year-old
son
and
a
two-year-old
daughter,
and
we
love
it.
We
love
using
the
bike.
Pass.
We
love
going
to
the
Cubs
games.
We
love
going
to
the
Science
Center.
It
has
something
every
day
for
us
and
I
would
be
hard-pressed
for
you
to
find
anybody.
S
With
the
exception
of
my
friend
and
colleague,
Deb
Madison
Levi,
that
there
is
anybody
on
Court
Avenue
more
than
me
on
any
given
day,
whether
I'm
running
to
get
Gogurt,
which
I
don't
know.
If
you
know
what
that
is,
for
my
daughter
or
if
I'm,
getting
a
Vietnamese
coffee
from
for
real
or
if
we're
at
the
farmer's
market,
we're
there
and
I'm.
S
Probably
push
comes
to
shove
would
admit
that
I
have
an
embarrassing
number
of
years
invested
at
Court
Avenue
in
my
20s
and
30s,
so
I
know
Court,
Avenue
and
being
downtown,
especially
through
the
pandemic.
Our
downtown,
like
a
lot
of
downtowns
across
the
world,
seen
a
lot
of
problems
unrelated
to
court,
and
it
was
at
that
time
when
I
decided,
I
wanted
to
get
involved
with
the
downtown
neighborhood
association,
and
we
focused
on
strengthening
our
advocacy,
which
includes
coming
to
events
like
this.
S
We
also
hold
monthly
meetings
at
the
Central
Library,
where
we
invite
folks
from
city
government
non-profits
to
come
in
and
talk
about
issues
that
impact
downtown.
We
have
social
events
that
occur
every
month
and
what
that
does
is
it
gives
us
an
opportunity
to
meet
our
neighbors,
especially
when
you
live
in
a
place
where
everybody
is
living
up
rather
than
out.
Sometimes
it's
hard
to
get
to
know
folks,
so
we
go
out
to
our
buildings.
We
introduce
ourselves.
S
We
try
to
really
understand
what
issues
are
important
to
our
residents
and
it
should
be
no
surprise
that
Court
Avenue
is
one
of
the
top
three
that
we
talk
about.
I
mean
we
read
about
it
in
the
news.
We
experience
it
so
when
we
learned
that
Court
Center
now
the
CC
was
rebranding
itself.
We
had
some
guarded
optimism,
but
any
concerns
we
had
were
quickly
dispelled
when
we
had
the
opportunity
to
be
to
meet
the
owners.
S
I
mean
if
you
as
a
board,
came
to
us
as
people
who
live
downtown
in
this
Association
and
said
who
would
you
want
to
put
together
to
try
and
bring
Court
Avenue
back
around?
It
would
be
these
these
three
gentlemen:
I
mean
they
are
All-Stars
I'm
not
going
to
go
through
their
experience
and
their
background.
It's
in
the
presentation,
but
it's
phenomenal
I
mean
they
by
virtue
of
serving
on
these
professional
associations.
They
set
the
standard
for
what
they're
trying
to
do
down
there
and
they
have
attended
our
meetings.
S
They
have
our
phone
numbers,
our
emails
they're
in
constant
communication
with
us.
They
have
answered
all
of
the
questions
that
we've
had
they've
had
several
public
meetings
more
so
than
any
business
that
I
have
ever
encountered
in
the
two
and
a
half
years,
I've
on
the
board.
They
went
above
and
beyond
and
I'll
tell
you
when
my
folks
meet
with
these
people
and
I'll.
Tell
you
a
couple
of
the
board.
S
These
Suburban
communities,
there's
entertainment
districts
popping
up
all
over
and
at
one
point
the
Suburban
population
would
come
down
town
for
their
nightlife
and
their
entertainment.
But
it's
not
happening
anymore.
Probably
for
two
reasons.
This
is
anecdotal.
One
is
because
they
have
their
own
entertainment,
centers
and
two
because
Court
yeah,
Court
Avenue
has
a
bad
reputation
and
it
happened
very
quickly
and
in
fact,
I
was
looking
at
the
comment
cards
for
Zora,
where
somebody
said
they
don't
want
it
to
be
Court
Avenue,
that's
not
the
kind
of
reputation
Court
Avenue
deserves.
S
Q
Mr
chairman
members
of
the
board,
hi
I'm,
Deb,
Madison,
Levi
and
I,
live
at
111
10th
Street
in
Des
Moines,
the
former
look
magazine
building
I'm
here
to
provide
comment
as
a
resident
who
appreciates
neighborhood
vibrancy
as
a
grandparent
who
entertains
her
family
in
all
kinds
of
places
in
downtown
Des
Moines
and
as
a
board.
Member
of
the
downtown
neighborhood
association.
Q
Q
B
B
T
My
name
is
Larry
Smithson
I
live
at
1595
Copper
Creek,
Drive,
Pleasant,
Hill,
Iowa
I
own
several
establishments
in
several
buildings
on
the
Court
Avenue
district
and
I.
Hear
people
talk
about
a
couple
of
decades
and
I've
been
down
there
for
about
three
and
a
half
I'm
going
to
try
to
put
this
I
guess
in
a
statement
form,
but
they
to
me
turn
out
to
be
more
questions.
I
heard
the
gentleman
speak
about
what
they
want
to
bring
to
Des
Moines
and
as
I
hear
him
speak.
T
T
With
that
being
said,
we're
going
to
have
a
downtown
that
has
restaurants
and
food
and
dance
clubs,
and
whatever
they're
proposing
to
bring
to
the
216
Court
Avenue
in
part
of
it
sounds
good,
but
my
questions
would
all
be.
Is
this
really
going
to
be
I
want
to
know
how
this
is
going
to
affect
the
miners
and
how
late
and
how
they're
mixing
in
is
I
guess
a
question.
I
would
have
that
I
think
it's
a
pretty
legit
question
that
should
be
answered,
and
it
probably
by
the
city
and
by
the
investors
I.
B
Thank
you,
Larry
and
the
applicant
will
have
a
chance
for
rebuttal
and
they
may
choose
to
address
that
if
they
would
like
to
anybody
else
to
speak,
we
were
in
support
anybody
to
speak
in
support
all
right.
Seeing
not
is
there
anybody
to
speak
in
opposition
to
the
applicant's
request
anybody
opposed.
U
U
What
started
as
a
very
one-sided
conversation
about
my
expectations,
quickly
turned
to
a
collaborative
Converse
conversation
about
how
we
solve
these
issues.
We
came
with
a
series
of
recommendations
and
every
step
of
the
way
they
asked
asked
us
what
we
wanted
to
do
and
then
they
fulfilled
it.
They
also
took
some
measures
on
their
own
to
mitigate
some
of
the
issues
there.
That
generally
doesn't
happen
in
our
business
when
we're
dealing
with
a
problem
establishment.
U
We
had
an
agenda
item
tonight
that
would
reflect
that,
but
I'm
here
to
speak,
not
just
about
where
we've
come
to
and
what
their
vision
is,
because
I
have
no
personal
relationship
with
this
ownership
group
behind
me.
I
have
no
financial
interest
in
216
Court
Avenue.
What
I
do
have
is
a
vested
interest
in
the
city
of
Des
Moines,
as
residents
of
City
Des
Moines.
We
take
great
pride
in
our
neighborhoods
as
a
city.
U
Official
I
have
to
take
a
more
Global
look
at
what's
best
for
Des
Moines
and
when
I
drive
through
Des
Moines,
it
doesn't
matter
if
I'm
on
Merle,
Hay,
Road
or
Southeast
14th,
or
the
corner
of
third
and
Court
when
I
see
a
vacant
building,
it
breaks
my
heart
because,
as
does
none
of
us
any
good
at
all
so
I'm
here
today,
because
I
want
Court
Avenue
to
be
vibrant.
I
need
Court
Avenue
to
be
safe
and
we'll
do
whatever
we
can
in
that
regard.
U
But
I
want
it
to
be
a
safe,
vibrant
area
for
all
ages.
Good
development
done
right,
I
think
we
can
accomplish
that.
I
go
to
other
cities.
Mr
pins
mentioned
some.
That
have
a
very
vibrant
entertainment
districts
we've
also.
Some
of
our
staff
has
visited
Milwaukee
and
Austin
and
of
course,
Nashville
is
probably
a
prime
example.
I
see
those
and
I
I
sometimes
get
jealous
in
our
Court
Avenue
Entertainment
District.
We
seem
to
have
this
ebb
and
flow.
You
know
where
we're
going
really
good
business
is
vibrant,
The
Operators
are
doing
a
great
job.
U
You
know
we
have
big
crowds
down
there
and
it's
a
sense
of
Pride
for
me
and
then
we'll
have
a
hiccup.
You
know
and
that's
very
disappointing
to
me,
but
I
think
good
development
done
right.
We
can
get
back.
We
can
get
back
that
we
can
be
the
Envy
of
other
cities
as
well.
We
can
be
the
example
for
that.
U
So
I'm
intrigued
with
with
what's
put
before
us
today,
I'd
like
to
see
it
work,
the
the
police
department,
our
zoning
officials,
our
legal
department
and
the
authority
of
this
board
can
certainly
take
whatever
action
they
need.
You
know,
should
things
go
awry
but
I'm,
anxious,
I'm,
anxious
to
see
this
work
because
I
want
those
I
want.
Austin
and
I
want
Milwaukee
and
I
want
Nashville
visiting
Des
Moines
to
see
how
we
do
it
here
in
Des
Moines,
but
it's
got
to
be
good
development
done
right.
B
V
Hi,
my
name
is
Carol
Maher
I
live
at
701
Polk
Boulevard
in
Des,
Moines
I
am
neutral
in.
Regarding
this
request.
The
only
observation
I
have
is
that
when
I
was
here
when
the
restrictions
were
applied
to
this
building,
there
was
a
fair
amount
of
discussion
regarding
individual
liquor
licenses
for
the
different
businesses
versus
the
big
one
for
the
whole
building.
I
didn't
hear
that
discussed
today.
V
I,
don't
know
if
that's
still
an
issue,
if
it's
better
to
have
it
for
the
operator
or,
if
it's
better,
to
have
it
for
the
the
building
overall
I
I,
don't
know
I'm,
not
an
expert
on
that,
but
I
I
didn't
hear
it
discussed
and
I
didn't
know
if
that
was
necessarily
something
that
did
need
to
be
satisfied
today.
Thank.
B
B
B
O
Mr
chair
members
of
the
board,
Eric
Lundy
interim
zoning
enforcement
officer
I-
do
want
to
point
out.
Obviously
this
all
came
about
as
an
enforcement
process.
Zoning
is
one
one
of
the
prongs
that
we
use
to
get.
These
issues
dealt
with
it's
an
important
prong
in
addition
to
the
police,
protection
and
policing
in
general
for
the
city
to
keep
things
in
check.
When
we
have
problems
so
staff
has
made
a
recommendation
based
on
some
precedent
with
other
situations.
In
terms
of
the
time
frames.
O
I've
also
heard
what's
been
said
about
the
importance
of
leasing
up
I've
worked
a
number
of
years
on
the
development
side.
So
I
haven't
understanding
of
the
importance
of
being
able
to
secure
your
tenants
with
some
Assurance
of
their
ability
to
do
business
so
so
I
know
you
have
to
balance
that
from
the
enforcement
perspective.
We
always
have
the
safety
valve
of
bringing
this
back
at
this
point
in
time
under
that
provision
in
the
conditions.
O
So
if
we
have
issues
and
if,
if
you
decide
to
remove
a
sunset,
that's
being
recommended,
then
we
will
be
very
diligent
about
not
letting
this
get
out
of
control.
If
we
start
to
experience
issues
again,
particularly
to
the
property,
the
other
thing
I
did
want
to
point
out.
Is
you
you
still
are
looking
at
a
fluid
situation
of
being
able
to
sort
of
put
bar
use
throughout
the
building,
as
it's
defined
in
our
zoning.
Some
of
the
things
they're
suggesting
the
zoning
would
actually
treat
a
little
differently.
O
Your
Entertainment
venues
that
are
ticketed
seated
or
you
know,
venues
for
entertainment.
Whether
that's
comedy
live
music
spoken
word.
Whatever
performance,
those
are
generally
looked
at
as
assembly
by
the
ordinance.
Now
they
can
ask
for
alcohol
sales
associated
with
that,
as
an
other
you've
seen
that
in
front
of
you
in
a
couple
instances
recently,
probably
the
other
thing
would
be
like
the
Dave
and
Buster's
kind
of
model.
That
would
be
seen
as
more
I
guess.
O
The
best
example,
I
would
say,
is
now
we
have
its
Ricochet,
where
it's
really
kind
of
in
what
we
call
indoor
private
sports
and
recreation,
and
that
also
has
the
ability
to
get
a
conditional
use
for
other
alcohol
sales
Associated,
so
can,
if
you're
feeling
inclined
to
put
a
little
more
stipulation
on
the
situation.
There's
other
ability
to
define
those
uses
rather
than
just
making
an
open-ended
bar
now
that
might
not
satisfy
their
their
business
needs
to
get
everything
up
and
going
with
their
investment.
But
I
did
want
to
point
out.
J
O
Something
getting
ready
to
t-bone
another
car,
but
it
could
go
either
way.
I
think
their
intentions
seem
to
be
well
intended.
I
believe
they've
got
backing
they've
done
their
due
diligence.
They've
met
with
you
know:
they've
already
exceeded
what
previously
occurred
by
you
know
huge
stretches
so
from
that
standpoint,
I
think
they
are
taking
the
right
approach.
B
So
Eric,
while
while
you're
here,
then
a
question
I'd
have
for
you
and
or
like
any
other
staff.
So
if
we
say
okay,
wow,
that's
really
great
presentation.
Everybody
sounds
generally
enthused
about
this.
Let's
get
her
done
to
me.
It's
still
a
Chicken
and
the
Egg
thing.
If
we
say
yes
to
this,
then
when
do
they
open?
Do
we
wait
until
the
facade
is
done?
Do
they
throw
a
Skee-Ball
machine
on
the
second
floor
and
go.
M
B
O
So
at
the
moment
you
know
there
hasn't
been
enough
time
transpired
that
they
would
have
lost
their
any
non-conforming
rights
which,
if
they
had
them
I,
think
they
were
conforming
I,
don't
believe,
there's
non-conforming
aspects
of
it.
They
had
a
conditional
use.
You
had
modified
that,
but
if
they
went
vacant
for
a
period
of
time
they
would
start
from
scratch.
Essentially,
from
that
perspective,
we
go
by
the
way
any
occupancy
of
the
building
keeps
it
occupied.
Okay,
the
way.
B
O
Of
concerns
me
on
that.
From
that
standpoint,
I
mean
we
would
enforce
it
based
on
the
way
that's
approved
currently
so
in
terms
of
outside
of
the
zoning
like
from
a
building
code
perspective,
you
know
we're
not
going
to
let
them
just
do
whatever
without
getting
permits.
If
they
require
permits
yeah,
they
will
still
have
to
apply
for
licenses.
Well,.
B
O
O
B
But
yeah,
no
man
I'm,
not
asking
you
I'm,
just
I'm
very
concerned
about
that
I'm
going
to
need
help
from
the
other
six
of
you
here:
yeah
yeah,
yeah
yeah,
so
because
otherwise
we
may
need
to
let
just
let
this
die
on
the
vine.
Let
them
suffer
for
six
months
and
then
they
can
come
back
and
propose
a
new
conditional
use
with
all
these
Grand
things.
But
thank
you
Eric
much
appreciated
Okay.
So
any
other
questions
for
staff.
If
none
applicant
you've
got
three
minutes
for
closing
comments,
help
us
wrap
this
up.
A
R
So
I
want
to
talk
about
timeline
yeah,
so
right
now
we
are
in
letter
of
intent
with
a
tenant
for
the
first
floor,
but
it's
waiting
to
see
how
this
goes.
We
also
have
Jones
Lang
LaSalle,
which
is
a
national
broker,
which
is
also
representing
us
and
they're
all
waiting
with
the
baby
breath
here.
How
this
goes
to
how
to
best
position
us
for
a
marketing
of,
and
the
proposed
use
that
we
mentioned
for
all
the
three
floors
yeah.
R
So,
okay,
let's
say
that
everything
goes
by
well
with
the
letter
of
intent
for
the
first
form
we
hope
to
have
this
unit
opened
or
the
that
concept
open
by
the
end
of
the
year,
so
that
takes
care
of
the
bulk
of
that
first
floor
so
and
then
after
that,
though,
it'll
be,
as
we
find
the
correct
tenants
to
be
able
to
fit
for
that
mix
that
we
talked
about.
That's
going
to
be
key
as
well.
R
The
ten
of
concerns
I
believe
Mr
is
again
Mr.
Garrett
you
talked
about
there
were
some
tenant
concerns
from
the
last
time
that
that
the
other
tenants,
I
apologize,
felt
they
weren't
being
listened
to,
or
we
couldn't
act
on
back
in
December,
we
were
the
least
as
we
had
really
that
we
inherited
really
hamstrung
us
from
being
able
to
go
and
aggressively
address
some
of
the
behavior
that
was
associated
with
that
without
being
tied
up
in
court
for
anywhere
from
four
or
five
six
seven
months.
Oh.
R
P
Sir,
the
the
and
here's,
the
here's.
My
other
comment
you
guys
are
operators.
You
know
what
to
do.
You're,
an
extremely
talented
group.
It
absolutely
boggles
my
mind
how
you
let
it
get
to
where
it
got
being.
The
Operators,
you
were
understood
so
I'm
not
here
to
make
you
feel
bad
Like,
Chief
and,
like
everyone
else,
I
want
to
see
this
thing
succeed,
but
there
needs
to
be
something
behind
it.
That's
relevant,
not
just
a
bunch
of
talk,
so
go
ahead,
go.
R
We
again
need
those
to
be
able
to
go
and
attract
the
tenants
that
are
the
Crux
of
this.
Oh,
thank
you.
The
Crux
of
this
whole
entire
reimagination,
so
to
speak.
There's
one
thing,
though,
that
I
want
to
make
sure
that
I
know
you
guys
know
you
can
bring
us
back
before
you
at
any
time
if
we're
not
fulfilling
what
we
want.
What
we
said
we're
going
to
do
in
terms
of
within
the
conference
of
the
cup
so
and
we're
very
cognitive
that
nor
will
we
want
to
lose
the
significant
amount
of
investment.
R
Was
a
talk
by
one
of
the
commenters
about
separating
the
cups
depending
upon
operators
and
so
on?
We
were
advised
to
not
go
that
route
because
we
may
lose
the
existing
cup
that
we
have.
So
it
is
our
ultimately
our
desire
to
be
able
to
say.
Okay,
we
have
the
cup
as
we
envision
it
to
be
successful
and
then
coming
back
before
you
and
separating
those
Cups
by
entity,
which
therefore
gives
more
Tools
in
your
toolbox,
combined
with
the
leases
that
we
have.
B
A
P
R
They
move
the
location
so
we're
under
letter
of
intent,
actually
we're
in
at
least
negotiations
nothing's
finalized.
Yet,
but
we're
under
we're
in
intense
intense
negotiations,
Mr
Kelly
who's,
the
owner,
who,
by
the
way,
is
who,
by
the
way
the
stuff
ballot,
is
a
license.
He's
the
licensee
of
ours.
We've
done
business
with
it
for
almost
nine
years,
an
exceptional
operator
he
did.
He
is
Turning
Away
business
literally
every
week.
R
So
what
better
way
would
somebody
that's
already
established
in
the
neighborhood
and
we've
gotten
resounding
support
when
we
mentioned
The
Stuffed
Olive
to
the
tenants
that
are
in
the
area
say?
Oh
my
gosh,
you
know
before
we
go
to
the
theater
after
we
go
to
the
Civic
Center,
so
there
are
primary
candidate
at
this
point
for
have
them
move.
R
Well,
so,
if,
if
all
goes
well
we're
looking
at
Radio
One,
a
few
months
will
be
open
and
we
wanted
them
before
the
end
of
the
year
based
by
permitting
based
upon.
But
we've
already
done,
some
done.
Some
preliminary
work
on
it.
Just
design
work
in
his
head,
getting
a
GC
out
there
and
so
and
so
forth.
B
Okay,
yeah
all
right,
well,
Tony,
I,
think
you've,
given
us
your
revisioning
here.
We
appreciate
that
appreciate
your
enthusiasm.
Thank
you.
Thank
you.
All
right
we'll
go
ahead
and
close
the
public
portion
and
go
to
board
deliberation
so
board
members.
Do
we
have
any
initial
thoughts
ideas
concerns
on
this
one.
P
B
P
P
M
P
P
So
I
think
it's
incumbent
on
us
to
help
these
guys
get
this
thing
across
the
finish
line,
but
I
think
that
there's
some
expectations
we
can
have
and
they
can
work
around
them
or
live
with
them,
or
they
want
to
look
at
them
as
barriers.
They
could
be
barriers,
I,
don't
think
they
are
barriers
because
we
can
pull
them
back
here
anytime,
right
so
six
months,
12
months,
I
think
the
most
important
thing
for
them
right
now
is
2,
am
and
so
I'd
be
interested
in
some
other
people's
comments.
J
You
board
members
yeah
I
can
also
get
behind
the
2AM.
I
have
no
problem
with
that.
It's
this
Sunset
that
I
have
a
problem
with
I
mean
you
know
what
was
happening
down
there.
What
did
happen
I
mean
that's
embarrassing.
It's
embarrassing
to
our
community
and
so
I.
Have
you
know
I'd
like
to
hear
from
all
members
about
that
issue
of
expiration.
You
know
the
the
sunset
provision.
That's
currently
in
there
I
mean
you
know:
I
have
no
problem.
Maybe
we
extend
it.
J
Maybe
it
is
a
year
you
know
to
to
really
see
to
get
their.
You
know
feet
under
themselves
and
and
see
where
they're
at
within
a
year
that
kind
of
addresses
a
little
more
of
your
issue.
Mel
about
you,
know
the
timeline.
Hopefully
by
then
we
would
see
a
well
they'd
have
110
at
least
it
sounds
like
by
then,
and
maybe
some
progress
on
on
the
other
floor.
So
I
would
like
to
hear
from
others
just
with
that
issue
of
the
expiration
Tom.
M
I
guess
I'd
like
to
see
we
try
to
fix
this
problem
the
perceived
problem
six
months
ago
and
it
looks
like
we
got
a
good
start,
but
I
just
don't
think
you
can
come
in
and
say
we're
going
to
do
this
we're
going
to
do
that.
We're
going
to
do
this,
we're
going
to
do
that
and
then
have
us
just
go
okay
done
deal
and
that
that's
not
how
it
works.
I
mean
we're
asking
Missouri,
Center
fire
department
down
there,
we're
going
to
send
our
police
department
down
there.
M
J
B
Right,
I,
I
think
from
the
app
on
this
one
issue
from
the
applicant's
perspective.
What
what
they're
saying
is
Well
if
you
have
an
expiration
date,
even
if
we're
probably
going
to
be
really
good,
and
even
if
you're,
probably
going
to
likely
renew
that
if
we
come
back
we're
going
to
have
a
hard
time
getting
somebody
to
invest
in
a
lease
and
making
improvements.
B
If
we
keep
having
this
kind
of
like
Line
in
the
Sand
that
you
got
to
prove
yourself
next
line
in
the
saying
you
got
to
prove
yourself
what
the
applicant
wanted
is
yeah.
They
want
a
conditional
use
to
operate
as
a
Tavern
and
then
they're
going
to
be
able
to
get
these
leases
and
these
Investments.
But,
on
our
end
it's
kind
of
like
well
there's,
no
more
curfew,
here's
the
keys
to
the
car!
B
Now,
if
you
do
crash,
we
will
take
away
your
license,
but
what's
the
likelihood
someone's
going
to
crash
and
burn
again,
how
nervous
am
I
on
that
I
don't
know.
I
I
still
feel
like
we're.
Listening
to
yes,
we've
revisioned
I
haven't
heard
that
word
too
often,
that's
the
biggest
concern
I've
got
if
this
was
a
brand
new
thing.
If
this
was
an
old
brown,
Camp
hardware
warehouse
and
somebody
said
we
want
to
open
a
bar
in
there
and
they'll.
Have
this?
Is
this
and
this
all
of
those
would
be
conditions?
B
You'll
have
your
signage,
like
you
show
the
day
you
open,
it
will
be
in
substantial
compliance
with
the
concept
drawing
shown.
We
start
them
off
on
the
right
foot,
but
I
feel
like
we're
stuck
in
this
purgatory
that
well,
they
can
keep
operating
as
they
were.
If
you
give
them
this
conditional
use
and
yeah,
you
could
put
dates
on
it,
but
where
do
we
have
that
change
requirement
in
there
if
we
take
them
on
good
faith?
B
Great
I
also
feel
like
we're
here
to
give
a
general
direction.
We
aren't
here
to
micromanage
somebody's
Redevelopment
project.
I,
just
go
nuts
trying
to
do
that
like
when
is
the
new
facade
going
to
be
up?
Do
we
want
to
put
a
date
on
that?
I?
Don't
think
that's
our
job
to
sit
here
and
do
that
I
really
wish
this
had
totally
expired,
had
gone
past
six
months
and
we're
starting
from
scratch,
because
if
we're
not
we're
basically
saying
yep,
everybody
screwed
up,
you
were
the
owners.
B
B
That
they
follow
through
and
fully
transform
this
place,
because
I
still
don't
understand
what
a
second
floor.
Entertainment
thing
is:
if
they
had
a
contract
with
Buster
and
Daves
in
front
of
us,
if
they
said
we're
putting
an
Alamo
Theater
in,
we
just
signed
the
franchise
agreement.
We
almost
had
one
of
those
with
a
unfortunately
failed
project.
I
went
to
the
Alamo
Theater
in
Denver.
I
knew
what
I
was
going
to
get,
but
an
entertainment
venue.
This
is
not.
This
is
not
factual,
but
I
heard
something
about
a
bowling
alley
from
somebody
casually.
B
That's
part
of
the
problem
in
my
book.
That's
part
of
the
problem.
They
don't
know
so
if
we
did
want
to
make
it
more
family
friendly
or
not
just
everybody's
down,
there
is
21
to
24.
what
kind
of
entertainment
is
going
to
attract
more
people.
I,
don't
know
an
Alamo
Theater
would
attract
families
I'm
not
advocating
for
that,
but
I'm.
Just
saying
when
we've
heard
this
stuff
before
we've
usually
had
something
a
little
better
I
like
that,
Stuffed
Olive
will
be
the
focus
on
first
floor.
Nacho
mamas
used
to
be
down
there.
B
B
P
B
But
I
still
don't
know
how
we
can
write
that
into
an
existing
conditional
use.
I
just
don't
understand
how
we
would
be
able
to
do
that
and
I
don't
want
to
spend
a
lot
of
time
on
that,
because
I'm
not
going
to
be
able
to
spin
that
into
gold
here
and
I,
don't
want
to
tax
staff
with
that
either.
It's
not
staff's
job
to
come
up
with
that
either
I.
Just
don't
like
the
idea
that
we
continue
down
the
road.
B
P
I
I
don't
think
we
can,
but
I
think
what
we
can
do
is
we
can
establish.
What
we
feel
like
is
are
some
some
rules
and
many
times
that
we're
willing
to
to
go
along
with
this
and
then,
let's,
let's
revisit
it,
and
if
that,
if
that
doesn't
work
for
them,
it
doesn't
work
for
them.
I,
guess
because
you
know
here
again,
I
think
the
2AM
thing
is
the
biggest
thing
for
them
right
now.
That's
all
you
read
about
in
the
paper
yeah
all
my
neighbors
could
stay
up
until
2
A.M
yeah.
B
I,
don't
think
in
the
staff
recommendation.
They
actually
talk
about
the
improvements.
Do
they
that's
not
part
of
the
conditions
if
I'm
correct
right
yeah.
So
if
we
look
at
staff
recommendations,
they're
saying
yep,
here's
a
conditional
use
and
you
can
move
forward,
but
they
have
two
things
in
there.
B
It's
only
good,
for
you
know
in
essence,
less
than
a
year
from
now
six
months
and
live
music
has
to
stop
at
midnight,
and
we
didn't
Focus
much
on
the
live
music,
but
we
could
approve
staff
or
maybe
somebody
could
say
nope
we're
just
going
to
let
him
kick
start
this
thing
they
go
back
to
the
drawing
board
with
whoever
they
try
to
get
somebody
in
there.
This
fall
on
their
own
accord
and
it's
just
a
standard
conditional
use.
B
B
B
G
P
P
B
B
The
reason
why
we
need
is
they
have
a
problem
then
do
we
need
a
restriction
on
so
on?
Coming
back
to
us,
do
we
say
fine,
we're
going
to
give
you
a
chance,
but
again
I've
already
been
in
front
of
us,
and
you
had
a
strike
if
you're
back
here
at
the
plate
and
it's
become
strike,
two
there's
no
strike
three
right.
P
P
And
if
this,
if
this,
if
this
timeline
doesn't
work,
it
doesn't
work,
but
if
they're
truly
committed
to
what
they
want
to
do
and
what
they
say,
whether
we
give
them
six
months,
nine
months
or
forever,
it
doesn't
matter
because
we
can
bring
them
back
here
anytime,
right
Eric.
These
guys
could
be
your
new
hobby
and
that
would
not
be
good
right.
Yeah
I'm.
B
Not
as
worried
about
a
time,
they
need
to
come
back
to
us
as
I
I
am
hopeful
I'm,
not
even
going
to
say
a
restriction,
I'm
hopeful
that
they
want
to
carry
out
what
was
proposed
to
us.
If
this
was
starting
from
scratch,
we
could
have
it
in
there
as
item
number
one
the
day
you
open,
it
shall
look
like
substantially
what
you
presented.
Well,
we
we
do
this
all
the
time
with
businesses
we
did
it
with
Olive
Garden
when
you
open.
This
is
what
it
will
look
like.
P
J
J
J
That
there's
some
Goodwill
that
they've
presented
today
they've
done
their
their
homework
and
they've
talked
to
the
right
people
and
yeah
there's
a
lot
of
support
out
there.
It
sounds
like
we
have
community
members
here
for
that,
so
I
the
vision
part
yes,
I'm
concerned
as
you,
but
I
I'm
willing
to
to
have
that
faith
and
that
they're
going
to
make
that
so
I'm
going
to
make
a
motion
today
in
following
staff
recommendations
but
taking
out
number
one.
B
J
P
B
Right
so
we've
got
a
motion,
a
second
to
approve
staff
recommendation
for
conditional
use
with
conditions,
as
initially
granted
in
August
20
2007
amended
in
December
22,
and
be
further
amended
as
follows,
which
will
include
the
staff
conditions
as
listed,
which
would
be
number
2
through
13.
We
would
remove
number
one
there.
There
will
be
no
expiration
of
the
conditional
use
unless
it's
brought
back
to
this
board
for
subsequent
enforcement.
B
That
sound
okay.
Is
that
your
intent?
Okay?
Yes,
all
of
those
in
favor
raise
your
right
hand
and
say
aye
aye,
three,
four,
all
those
against
this
is
mostly
in
principle.
I
want
to
see
this
succeed,
so
four
yay
two
against
motion
carries
I,
want
this
to
work,
you're
going
to
be
awesome,
but
there's
no
third
strikes
so
give
it
your
best
shot.
You
got
great
sport
all
right,
I
believe
that
ends
are
specific
agenda
items
for
any
appeal
considerations,
those
of
you
that
were
at
the
meeting
last
month.
B
If
you
reviewed
the
minutes,
are
there
any
changes?
If
none
would
there
be
a
motion
to
approve
the
minutes?
Those
in
favor
up
yeah.
Is
that
a
motion
all
right?
A
motion
by
Dave
second,
by
Rhonda,
to
approve
the
minutes
all
those
in
favor
that
were
here
last
month.
Bye
all
right
is
that
the
correct
amount.
We
only
had
five
of
us
here
last
month:
yeah,
okay,
all
right
got
you
all
right!
That
motion
carries.
Do
we
have
any
other
business,
seeing
no
other
business?
This
hearing
is
adjourned.