CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT AGENDA FOR THE MEETING SCHEDULED FOR DECEMBER 20, 2017 MEETING TO BEGIN AT 1:00 PM IN THE TEMPORARY

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1 CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT AGENDA FOR THE MEETING SCHEDULED FOR DECEMBER 20, 2017 MEETING TO BEGIN AT 1:00 PM IN THE TEMPORARY COUNCIL CHAMBER WITHIN THE MUNICIPAL SERVICE CENTER AT 1551 EAST MARTIN LUTHER KING, JR. PARKWAY, DES MOINES, IA (Due to ongoing City Hall renovations) 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 decisions 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 t hat 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 available 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, d emonstrate 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 comments upon those facts that demons trate 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 Consent 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 r emoved from the Consent Public He aring 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 pres ent 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 then 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 members 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 Board. 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 co urt 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 the filing of the decision in the of fice 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 three business days in advance when p ossible at , should special accommodations be required. Assistive Listening Devices are available for meetings in the Council Chambers. DART will provide public transportation to and from City of Des Moines meetings at their temporary location in the Richard A. Clark Municipal Services Center at 1551 East Martin Luther King Jr. Parkway. Transportation can be scheduled to and from DART Central Station at 620 Cherry Street. To reserve your route, please call DART On Call Scheduling at (515) Calls for trips will be accepted up to 5:00 PM the day before the meeting. Be sure to mention in your request you require transportation for the City of Des Moines meetings at the temporary location. If you have questions, please contact City staff a t 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 reviewed 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 Stagner, 5275 Grand Avenue Exception Appellant: Matt Stagner, 5275 Grand Avenue, Des Moines, IA Premises Affected: 5275 Grand Avenue. Legal Description: Lot 8 of Winton Place. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: W aterbury Neighborhood Association. Construction of an 18.5-foot by 31-foot (573.5 square feet) two-story addition to the west side of the dwelling that would be within 5 feet of the west side property line. Exception of 5 feet less than the minimum 10 feet of side yard setback required for a two-story dwelling in the R1-80 District. Required by City Code Section (4)(b) Item 2 ZON Rhodes, 4709 Woodland Avenue Exception Appellant: John Rhodes, 4709 W oodland Avenue, Des Moines, IA Premises Affected: 4709 W oodland Avenue. Legal Description: South 50 Feet of Lot 99 of Polk Place. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Associ ation: W aterbury Neighborhood Association. Expansion and renovation of the existing garage so that is measures 26 feet by 26 feet (676 square feet). Exception of 100 square feet over the maximum allowed 576 square feet of aggregate area of accessory structures. Required by City Code Section (c)(3) Item 3 ZON Lyons, 1721 East 21 st Street Exception Appellant: David Lyons, 1721 East 21 st Street, Des Moines, IA Premises Affected: 1721 East 21 st Street. Legal Description: Lot 163 of Delaware Place. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Fairmont Park Neighborhood Association. Construction of a front porch generally measuring 7.5 feet by 22 -foot feet (165 square feet) that would be within 24 feet of the west (front) property line along East 21 st Street. Exception of 4 feet less than the calculated minimum required 28 -foot front yard setback. Required by City Code Section (e) 2

3 Item 4 ZON Stark, 700 East Railroad Avenue Exception Appellant: Vicki Stark, Northwest 103 rd Court, Granger, IA Premises Affected: 700 East Railroad Avenue. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Historic East Village Neighborhood Association. Construction of a single-family dwelling, where the dwelling has been architecturally designed to have a predominantly flat roof. Exception to the design guideline for the single -family dwellings that requires the main part of any dwelling to have a minimum roof pit ch of 3:12. Required by City Code Sections (4)(e) & (1)(b)(4) Item 5 ZON Margulies, 5300 Southeast 1 st Court Exception Appellant: Lisa Margulies, nd Street, Suite 102, W est Des Moines, IA Premises Affected: 5300 Southeast 1 st Court. Legal Description: On file with the Community Development Department. Current Zoning: R-5 Mobile Home Residential District. Applicable Neighborhood Association: Fort Des Moines Neighborhood Association. Placement of a 16-foot by 76-foot mobile home on Lease Lot 38, where the home would be within 10 feet of the existing mobile homes on Lease Lot 37 and Lease Lot 39. Exception 5 feet less than minimum 15 feet of side yard separatio n required between mobile homes. Required by City Code Section (2)(g) Item 6 ZON Centro GA Haymarket Square, LLC Vicinity of 4347 Merle Hay Road Special Permit Appellant: Centro GA Haymarket Square, LLC, represented by Fred Spille, 8643 Hauser Court, Lenexa, KS The business would be operated by Holub Garden & Greenhouses, Inc., represented by Jerry Holub, th Avenue, Ames, IA Premises Affected: Vicinity of 4347 Merle Hay Road. Legal Description: On file with the Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: Merle Hay Neighborhood Ass ociation. Operation of a seasonal garden center in the parking lot and open space area along Merle Hay Road, from April 16, 2018 to July 14, The temporary use would include outdoor display and a temporary 30 -foot by 72-foot greenhouse structure. Special Permit for sales activity and signage in conjunction with a seasonal event. Required by City Code Section (18) 3

4 Item 7 ZON Noble, Vicinity of 4491 Southeast 40 th Street Exceptions Appellant: Ryan Noble, 410 Linhardt Road, Carlisle, IA Premises Affected: 4491 Southeast 40th Street. Current Zoning: A-1 Agricultural District. Applicable Neighborhood Association: None. Reconfiguration of two (2) existing parcels as two (2) parcels, each with at least 7.5 acres of lot area and each with at least 300 feet of lot width along Southeast 40 th Street. The northern lot would contain the existing single -family dwelling (which may be replaced) and the southern lot would be used for construction of a new single-family dwelling. Exception of up to 2.5 acres less than the minimum 10 acres of lot area required for a single-family residential use in the A -1 Agricultural District. Exception of up to 300 feet less than the minimum 600 feet of lot width required for a single-family residential use in the A -1 Agricultural District. Required by City Code Section (1)(a) & (2)(a) Item 8 ZON Ingersoll, LLC, 1922 & 1926 Ingersoll Avenue Variance & Exception Appellant: 1922 Ingersoll, LLC, represented by Jake Christensen, 315 Eas t 3 rd Street, Suite 300, Des Moines, IA Premises Affected: 1922 & 1926 Ingersoll Avenue. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: None. Expansion of the existing 7,584 -square structure known as 1922 Ingersoll Avenue to include an 8,615-square foot 2 nd story addition that would be within 5 feet of the north (front) property line along Ingersoll Avenue. The resulting 16,199-square foot building would be used for a financial intuition (bank). The site would include 34 off -street parking spaces. The existing building known as 1926 Ingersoll Avenue would be removed. Variance of 20 feet less than the minimum required 25-foot front yard setback. Exception of 7 parking spaces less than the minimum required 41 off -street parking spaces (1 space per 400 square feet of area used for a financial institution). Required by City Code Sections (3) & (a)(9) 4

5 Item 9 ZON Principal Mutual Life Insurance Co, 727 & 730 East 2 nd Street Exceptions Appellant: Principal Mutual Life Insurance Company, represented by W illiam (Bill) Johnson, 711 High Street, Des Moines, IA The property would be developed by Hubbell Realty Company, represented by Joe Pietruszynski, 6900 Westown Parkway, West Des Moines, IA Premises Affected: 727 & 730 East 2 nd Street. Current Zoning: D-R Downtown-Riverfront District. Applicable Neighborhood Association: Historic East Village Neighborhood Association. Development of the site with 51 row house residential dwelling units, where the site would contain driveways for two -way circulation that are 16 feet wide, parallel parking stalls (0 degrees) that are 8 feet wide, and 90 -degree parking stalls that have 18 feet of maneuvering space. Exception of 4 feet less than the minimum 20 feet of width required for a driveway for two-way circulation. Exception of 1 foot less than the minimum 9 feet of width required for parallel parking stalls (0 degrees ). Exception of 6 feet less than the minimum 24 feet of maneuvering space required for 90-degree parking stalls. Required by City Code Sections (f)(1)(b) & (g)(1) Item 10 ZON Spanos, 1130 East Army Post Road Exception Appellant: Yon Spanos, 104 South 32 nd Street, West Des Moines, IA The business would be operated by Des Moines Sports Facility, represented by Claudia Farrell, 3714 Southwest 37 th Street, Des Moines, IA Premises Affected: 1130 Army Post Road. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: Fort Des Moines Neighborhood Association. Reuse of the existing building for a business that would contain up to 4,000 square feet of area for an athletic training use and up to 800 square feet of area for an office use. At least 15 off -street parking spaces would be provided within the existing parking lot. Exception of up to 14 parking spaces less than the minimum required 29 off - street parking spaces, which is calculated as 1 space per 150 square feet of athletic training area (27 spaces required) and 1 space per 400 square feet of office area (2 spaces required). Required by City Code Sections (a)(5 & 9) 5

6 Item 11 ZON DesMoinesArts, Inc., 900 Keosauqua Way Conditional Use Permit Appellant: DesMoinesArts, Inc., represented by Justin Mandelbaum, 4500 Westown Parkway, Suite 115, West Des Moines, IA Premises Affected: 900 Keosauqua Way. Current Zoning: C-3 Central Business District Commercial District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Use of approximately 7,000 square feet of area within the main floor of the building for an assembly/reception hall use with sales of alcohol permitted throughout. Conditional Use Permit for a business selling alcoholic liquor, wine, and/or beer. Required by City Code Section ******** END CONSENT PUBLIC HEARING ITEMS ******** Item 12 ZON Henriquez, 2524 Southeast 6 th Street Variances Appellant: Romulo Henriquez, 2524 Southeast 6 th Street, Des Moines, IA Premises Affected: 2524 Southeast 6 th Street. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Indianola Hills Neighborhood Association. Expansion of the driveway within the front yard area so that the paved are a measures 20 feet by 20 feet (400 squa re feet). This expansion of paved area requires the property to be brought into conformance with the current regulations, which includes the requirement that a single -family residential use must provide a minimum of one (1) off-street parking space located outside of the minimum required front yard setback. Variance of 180 square feet of paving over the maximum 220 square feet of paving allowed within the front yard area [calculated as 25% of the 44 -foot by 20-foot (880 square feet) front yard area]. Variance of the requirement that a single -family residential use must provide a minimum of one (1) off -street parking space located outside of the minimum required front yard setback. Required by City Code Sections (a)(8)(a) & (m)(1, 2, & 3) 6

7 Item 13 ZON RSC Partners, LLC, nd Street Conditional Use Permit & Variance Appellant: RSC Partners, LLC, represented by Rick Krause, PO Box 71618, Clive, IA The business is operated by Pinot s Palatte, represented by Sarah Murdock, nd Street, Des Moines, IA Premises Affected: nd Street. Legal Description: On file with the Community Development Department. Current Zoning: NPC Neighborhood Pedestrian Commercial District. Applicable Neighborhood Association: W aveland Park Neighborhood Association. The Conditional Use Permit would allow the existing business (Pino t s Palette) to sell and serve alcoholic liquor, wine, and/or beer to patrons that are gathering and painting in a group setting, where t he premise is within 64 feet of a parcel that contains Hubbell Elementary School and athletic fields for Roosevelt High School. Patrons are currently permitted to bring their own alcoholic liquor, wine, and/or beer to the premise. Conditional Use Permit for a business selling alcoholic liquor, wine, and/or beer. Variance of the provision that requires provisio n of any business selling alcoholic liquor, wine, and/or beer for on -premises consumption (other than a restaurant) to provide a minimum of 150 feet separation from any property containing a school use. Required by City Code Section s & (a) Item 14 ZON EYM Realty of Iowa, LLC, 4600 Fleur Drive Variances Appellant: EYM Realty of Iowa, LLC, LLC, represented by Salvador Elisa, 450 East John Carpenter Parkway, Suite 100, Irving, TX Premises Affected: 4600 Fleur Drive. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: Southwestern Hills Neighborhood Association. Installation of a 6-foot by 10-foot (60 square feet) sign atop an existing pole sign base, resulting in an overall height of 18 feet. The existing pole sign base is within 3 feet of the front property line along Fleur Drive. Variance of the provisions that prohibits a freestanding pole sign. Variance of 10 feet over the maximum 8 feet of height allowed for a freestanding sign that is within 25 feet of the front property line. Required by City Code Sections (p)(4)(a) & (p)(4)(b)(1) 7

8 Item 15 ZON GNY Investments, LLC, rd Street Use Variance Appellant: GNY Investments, LLC, represented by Jenn Ho Goh, PO Box 443, Grimes, IA Premises Affected: rd Street. Legal Description: Lots 12 & 13 of W illiam son Place. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Drake Neighborhood Association. Use of the existing structure for a multiple -family residential use with four (4) dwelling units. Variance of the permitted principal uses (Use Variance) in the R1-60 One- Family Low-Density Residential District. Required by City Code Sections & **Approval of Minutes for the November 15, 2017 Zoning Board of Adjus tment meeting. 8