the meeting. Copies of the agenda and staff recommendations are av ailable to the general public.

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1 CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT AGENDA FOR THE MEETING SCHEDULED FOR September 23, 2015 TO BE HELD AT 1:00 PM IN THE CITY HALL COUNCIL CHAMBERS AT 400 ROBERT D. RAY DRIVE. A 10-minute break is scheduled for approximately 3:00 PM and a 30 -minute break may occur at approximately 5:00 PM if the length of the meeting warrants. The Zoning Board of Adjustment has the power under Iowa law and the Zoning Ord inance of the City of Des Moines (City Code Chapter 134) to hear requests and make decision s on matters such as Variances and Exceptions from the regul ations in the Zoning Ordinance, Conditional Use Permits, Special Permits, and appeals of the decisions of City staff in the admin istration of the Zoning Ordinance. MEETING PROCEDURE: The meeting is an open and informal meeting that is recorded and broadcast on DMTV Mediacom Cable Channels 7.1 and 7.2. The Board members receive copies of the agenda and staff recommend ations before the meeting. Copies of the agenda and staff recommendations are av ailable to the general public. The Board is required to base its decision on each case upon the criteria esta blished by law for the type of relief sought by the applicant. The law applicable to each case is identified in the written staff report. If the facts, as determined by the Board, demonstrate that the criteria established by law for granting the request have been satisfied, then the Board must grant the request. Otherwise, the Board must deny the request. All speakers are requested to focus their co mments upon those facts that demonstrate whether or not the criteria established by law have been satisfied. All material used as part of any presentation must be submitted as a part of the permanent record and will not be returned. Items listed on the Co nsent Public Hearing Items portion of the agenda will not be individually di scussed and will be considered for approval in accordance with the recommendation in the staff report unless an individual present or member of the Board requests that the Item be removed from the Consent Public Hearing Items portion agenda and separately considered under the Non Consent Public Hea ring Items portion of the agenda. Each appeal will be announced in the order it appears on the agenda and then City staff will present a brief explanation of the a ppeal. Any written comments received by staff prior to the hearing will be distributed to the Board for review. All speakers are requested to speak from the podium and to start their presentation by giving their name and address. After staff introduces a request, the appellant or a representative of the appellant is allowed to speak first, and will be allowed ten minutes to present the appeal. Anyone else present in support of the appeal will then each be allowed five minutes to present their comments. Anyone present in opposition to the appeal will then be allowed five minutes each to present their comments. The appellant/representative will then be allowed three minutes for rebuttal or other closing comments. The hearing will th en be closed to public comment and the Board will make a decision. The decision and the reason will be announced. The Board has 7 members. It takes the affirmative vote of at least 4 members to grant any appeal or request, regardless of the number of memb ers actually present at any mee ting. If 5 or fewer members of the Board are present when the Chair calls an Item, the applicant may request that the Item be continued until the next monthly meeting to have the opportunity to present the matter to a full Bo ard. The request should be made as soon as the Chair calls the Item and before the staff report is given. The Board has discretion to grant or deny any such request. If a contin uance is granted, there is no guarantee that more members of the Board will be present at the next mee ting. Following the meeting, any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment under the provisions of this chapter, or any taxpayer, or any officer, department, board, or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after t he filing of the decision in the office of the board. The City of Des Moines is pleased to provide accommodations to disabled individuals or groups and encourages participation in City government. To better serve you, please contact City staff at least th ree business days in advance when possible at , should special accommodations be required. Assistive Listening Devices are available for meetings in the Council Chambers. If you have questions, please contact City staff at or visit the Zoning Board of Adjustment s website at

2 ******* BEGIN CONSENT PUBLIC HEARING ITEMS ******* ****** ITEMS 1 THROUGH 11 ****** Each Item listed on this portion of the agenda will be revie wed in turn by the Board, at which time the Item will either be a pproved or forwarded to the Non-Consent Public Hearing portion of the agenda for further discussion and action. Item 1 ZON Third Street Acquisition Corp, rd Street Exception Appellant: Third Street Acquisition Corp, represented by Jason Smithson, 4201 Southeast 7 th Street, Des Moines, IA Premises Affected: rd Street. Legal Description: On file with the Community Development Department. Current Zoning: C-3R Central Business District Mixed Residential District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Installation of a 3-foot by 11.1-foot (32.91 square feet) sign on the east (front) façade of the building and installation of a 2.33-foot by 7-foot (16.33 square feet) sign on the west (rear) façade of the building, for a combined square feet of signage area. Exception of square feet over the maximum allowed square feet of signage area for a business with feet of occupant frontage (1.5 square feet of signage allowed per lineal foot of occupant frontage). Required by City Code Section (2) Item 2 ZON Den Hartog, 4153 East 30 th Street Exceptions Appellant: Gary Den Hartog, 2820 Sheridan Avenue, Des Moines, IA Premises Affected: 4153 East 30 th Street. Legal Description: W est ½ of Lot 48 of Douglas Acres. Current Zoning: R1-70 One-Family Low-Density Residential District. Applicable Neighborhood Association: Douglas Acres Neighborhood Association. Construction a 28-foot by 42-foot (1,176 square feet) detached garage to the east of the dwelling that would be within 17 feet of the north (street side) property line along East Aurora Avenue, and construction of an 8-foot by 28-foot (224 square feet) covered porch addition to the west side of the dwelling that would be within 12 feet of the north (street side) property line along East Aurora Avenue and within 38 feet of the west (front) property line along East 30 th Street. The addition would be no closer to the north property line than the existing dwelling. Exception of 176 square feet over the maximum allowed 1,000 square feet of aggregate area for accessory str uctures. Exception of 8 feet less than the calculated minimum 25 -foot setback from the street side property line, required for the accessory structure. Exception of 13 feet less than the calculated minimum required 25-foot setback, where the addition is no closer to the property line than the existing dwelling. Required by City Code Sections (c)(3), (e), & (4)(a)(1)(b) 2

3 Item 3 ZON KLM International, th Street Special Permit Appellant: KLM International, represented by Kenney Linhart, th Street, Des Moines, IA Premises Affected: th Street. Legal Description: On file with the Community Development Department. Current Zoning: NPC Neighborhood Pedestrian Commercial Distr ict. Applicable Neighborhood Association: Sherman Hill Neighborhood Association. Construction of one (1) ornamental tower with a cross that would have a maximum height of 89 feet and two (2) ornamental towers with crosses that would have a maxim um height of 51 feet each. Special Permit for an ornamental towers or spires of a height in excess of that otherwise allowed. Required by City Code Section (16) Item 4 ZON Southgate Station, LLC, 3221 Southeast 14 th Street Variance Appellant: Southgate Station, LLC, represented by Nicky Green, Northlake Drive, Cincinnati, OH Premises Affected: 3221 Southeast 14 th Street. Legal Description: On file with Community Development Departmen t. Current Zoning: C-4 Shopping Center Commercial District. Applicable Neighborhood Association: Pioneer Park Neighborhood Association. Construction of an foot by 12.5-foot ( square feet) freestanding, monument directory sign with an overall height of 15 feet. The sign would be setback at least 25 feet from the front property line along Indianola Road. The sign would be in addition to an existing freestanding sign along Southeast 14 th Street that identifies HyVee and in place of a 63-square foot sign approved by the Zoning Board of Adjustment on June 24, 2015 (ZON ). Variance of one (1) freestanding sign over the maximum allowed one (1) freestanding sign. Required by City Code Section (4) Item 5 ZON Polk County Conservation Board, 3200 Southeast 30 th Court Special Permit Appellant: Polk County Conservation Board, represented by Douglas Romig, Northwest Jester Park Drive, Granger, IA Premises Affected: 3200 Southeast 30 th Court. Legal Description: On file with the Community Development Department. Current Zoning: R-5 Mobile Home Residential District. Applicable Neighborhood Association: NA. Temporary use of the property for outdoor s torage of dirt, clay, crushed concrete, and other related materials. Special Permit for any use of land by any department of the County Government. Required by City Code Section (1) 3

4 Item 6 ZON Annett Holding, 5836 Southwest 56 th Street Variance Appellant: Annett Holdings, Inc. represented by Jason W ebb, 6115 Southwest Leland Avenue, Des Moines, IA Premises Affected: 5836 Southwest 56 th Street. Legal Description: On file with Community Development De partment. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: Southwestern Hills Neighborhood Association. Construction of an 82-foot by 120-foot (9,840 square feet) accessory structure that would have a maximum height of feet tall. Variance of feet over the maximum allowed 17 feet of height allowed for an accessory structure. Required by City Code Section (6)(b) Item 7 ZON East 4 th Street, LLC, 118 Southeast 4 th Street Variance Appellant: East 4 th Street, LLC, represented by Mike Kinter, 118 Southeast 4 th Street, Des Moines, IA Premises Affected: 118 Southeast 4 th Street. Legal Description: On file with Community Development Department. Current Zoning: C-3A Central Business Support District. Applicable Neighborhood Association: Historic East Village Neighborhood Association. This item was removed from the agenda prior to the public hearing since the Zoning Enforcement Officer determined that the proposed signs are permitted by current zoning regulations. Therefore, a public hearing will not be held. 4

5 Item 8 ZON DMPS, th Street Special Permit & Variance Appellant: Des Moines Public Schools (repres ented by Bill Good), 1917 Dean Avenue, Des Moines, IA Premises Affected: th Street. Legal Description: On file with the Community Development Department. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Merle Hay Neighborhood Association. Use of a portion of the premises for a philanthropic youth program for the Frank J. Ross Boys & Girls Club" and installation of a foot by foot (22.91 square feet) wall-mounted sign on the west facade of the building to identify the "Frank J. Ross Boys & Girls Club". Special Permit for an institution of philanthropic character. Variance of one (1) type A wall-mounted identification sign over the allowed zero (0) identification signs for a philanthropic use. Required by City Code Sections (4) & Item 9 ZON Linden Street Investments, LLC, Vicinity of 1401 Grand Ave Exceptions & Special Permit Appellant: Linden Street Investments, LLC (dba Kum & Go, LC), represented by Chad Rasmussen, 6400 W estown Parkway, W est Des Moines, IA Premises Affected: Vicinity of 1401 Grand Avenue. Current Zoning: C-3A Central Business Mixed Use District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Construction of a 6-story office building containing 158,871 square feet of space. The structure would have a maximum height of feet, with a decorative spire that would have a maximum height of feet. 225 parking spaces would be provided in an underground parking garage beneath the structure. Exception of 30.5 feet over the maximum 75 feet of height allowed for a structure in the C-3A District. Special Permit for an ornamental tower or spire of a height in excess of that otherwise allowed. Exception of 97 off -street parking spaces less than the minimum 322 off -street parking spaces required for 158,871 square feet of office use (1 per 400 square feet of area in excess of 30,000 square feet of area). Required by City Code Sections , & (16), (2), (2)(ww), & (a)(9) 5

6 Item 10 ZON St. Andrews Episcopal Church, 5720 Urbandale Avenue Special Permit & Variances Appellant: St. Andrews Episcopal Church, represented by Ron Danielson, 5720 Urbandale Avenue, Des Moines, IA Premises Affected: 5720 Urbandale Avenue. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Merle Hay Neighborhood Association. The appeals would allow the following: Alteration of the existing freestanding monument sign so that it includes a 7-foot by 3.33-foot (23.33 square feet) sign face with a 7-foot by 2-foot (14 square feet) electronic display component (type D sign). The sign would have a 2-foot tall masonry base, resulting in an overall height of approximately 6 feet. The sign is located within 4 feet of the front property line along Urbandale Avenue right-of-way. Retention of a 6-foot by 3.5-foot (21 square feet) sign near the west end of the church building. The sign is setback 125 feet from the front property line and does include a masonry base. These signs would be in addition to an existing 1.5-foot by 1.5-foot (2.25 square foot) freestanding sign along Urbandale Avenue that was installed circa 1950, resulting in a total of three (3) freestanding signs with a cumulative square feet of signage area. An existing 6-foot by 4-foot (24 square feet) sign along Urbandale Avenue would be removed. Special Permit for an institution of religious character. Variance to allow a sign type (type D) not otherwise permitted. Variance of one (1) freestanding sign over the maximum two (2) freestanding signs allowed for a church use. Variance of the provision that requires any freestanding sign to be a monument sign. Required by City Code Sections (4), (2 & 3), & (p)(4)(a & b) Item 11 ZON May, th Street Exception Appellant: Rebecca May, th Street, Des Moines, IA Premises Affected: th Street. Legal Description: Lots 45 & 46 of Block 2 of Highlawn. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Beaverdale Neighborhood Association. Construction of 6-foot tall solid wood fence along the property lines within the rear yard and side yard areas. Exception of 2 feet over the maximum 4 feet of height allowed for a solid fence along a property when the structure on the adjoining property has a side yard setback of less than 5 feet. Required by City Code Section (i)(3)(b) ******** END CONSENT PUBLIC HEARING ITEMS ******** 6

7 ******** END CONSENT PUBLIC HEARING ITEMS ******** Item 12 ZON Garneau, 2324 Southwest 9 th Street Appeal of the Zoning Officer s Determination / Various Appeals Appellant: Raymond Garneau, 1315 Johnson Street, Des Moines, IA Premises Affected: 2324 Southwest 9 th Street. Current Zoning: C-1 Neighborhood Retail Commercial District. Applicable Neighborhood Association: Grays Lake Neighborhood Association. Part A) The appellant seeks to use the property for a plumbing and heating shop with an office, to retain an off-street parking lot that has a 0-foot setback from front property lines along both Southwest 9 th Street and Kirkwood Avenue, and to retain a freestanding pole sign. The parking lot includes three (3) 60 -degree angled spaces to the east of the building and one (1) 90 -degree angled parking space to the south of the building that is wi thin 0 feet of the south front property line. The angled spaces are 8 feet wide and accessed by a 12 -foot wide maneuvering aisle. Appeal of the Zoning Enforcement officer s determination s that the Use Variance, Variance, and Exception s granted by the Zoning Board of Adjustment on January 23, 2013 (Docket ZON ) have expired since use of the property has lapsed for a period longer than six (6) months. Required by City Code Section (a) The Board shall consider Part B if the Board upholds the Zoning Enforcement Officer s determination in Part A. However, granting the appeals in Part B would only allow the property to be used for a use that is permitted in the C -1 District. Another Use Variance for a plumbing and heatin g shop could not be considered unless a request for rezoning to a C-2 District has been filed and denied by the City Council within the previous year. Part B) Variance of 5 feet less than the minimum required 5 -foot paving setback from a front property line. Exception of 2 feet less than the minimum 10 -foot width required for 60-degree angle parking spaces. Exception of 4 feet less than the minimum 16 feet of maneuvering space required for 60-degree angle parking spaces. Variance to allow a sign type (freestanding pole sign) not otherwise allowed. Required by City Code Sections , (f)(4)(b)(1), (g)(1), & (p)(4)(a) 7

8 Item 13 ZON Green, LTD, 300 West Martin Luther King, Jr. Parkway Variances Appellant: Green, LTD, represented by Andy Burton, PO Box 1797, Des Moines, IA Premises Affected: 300 W est Martin Luther King, Jr. Parkway. Current Zoning: C-3R Central Business District Mixed -Use Residential District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Installation of a foot by 5.29-foot (84.45 square feet) wall-mounted sign on the 2 nd floor of the north façade of the structure that would identify an occupant on the 2 nd floor of the building. Variance of square feet over the maximum two (2) square feet of signage area allowed for an occupant without occupant frontage. Variance of the provision that an occupant without occupant frontage must place its sign at its primary entrance. Required by City Code Section (2) Item 14 ZON Casey s Marketing Company, 3501 East 14 th Street Conditional Use Permit Appellant: Casey s Marketing Company, represented by Michael Richardson, PO Box 3001 Ankeny, IA Premises Affected: 3501 East 14 th Street. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: Highland Park Neighborhood Association. The Conditional Use Permit is sought to allow the existing gas station/convenience store to sell alcoholic liquor. Since the business is operating as a gas station/convenience store, no more than 40% of revenue would be allowed to be derived from the sale of alcoholic liquor, wine, beer, and tobacco products. Conditional Use Permit for a gas station/convenience seeking to sell alcoholic liquor. Required by City Code Section **Approval of Minutes for the August 26, 2015 Zoning Board of Adjustment meeting. 8

CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT

CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT PRELIMINARY AGENDA FOR THE MEETING SCHEDULED FOR January 23, 2019 MEETING TO BEGIN AT 1:00 PM IN THE MSC BOARD ROOM (2 ND FLOOR) WITHIN THE CITY S MUNICIPAL