CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT

Transcription

1 CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT AGENDA FOR THE MEETING SCHEDULED FOR FEBRUARY 22, 2012 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 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 that is recorded and broadcast on DMTV Mediacom Digital Cable Channels 86 & The Board members receive copies of the agenda and staff report s and recommendations before the meeting. Copies of the agenda and the staff r eports and recommendations are available to the general public. The Board is required to base its decision in 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 identifie d 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 comments 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 consent 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 agenda and separately considered under the public hearing 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. T he 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 matte r to a full Board. The request should be made as soon as the Chair calls the item and be fore the staff report is given. The Board has discretion to grant or deny any such request. If a continuance is granted, there is no guarantee that more members of the Board will be present at the next mee ting. Following the meeting, a ny 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. If you have questions, please contact City staff at or visit the Zoning Board of Adjustment s website at

2 ITEM 1 ZON ZONING ENFORCEMENT OFFICE, 4800 SOUTHWEST 9 TH ST RATIFICATION OF DECISION AND ORDER Appellant: City of Des Moines Zoning Enforcement Officer. Premises Affected: 4800 Southwest 9 th Street. Business is operated as The Thirsty Sportsman tavern by James Besler. The property has been purchased on contract by Robert Gorla, (23687 Fillmore Street, Swan, IA 50252) from MCM Properties. Current Zoning: C-2 General Retail and Highway-Oriented Community District. Applicable Neighborhood Association: W atrous South Neighborhood Association. Ratification (approval) of the Decision and Order fo r ZON to amend the Conditional Use Permit for a business selling wine, liquor, and/or beer to allow continued use of a 60-foot by 86-foot (5,160 square feet) bay within a commercial strip mall for a tavern use subject to compliance with the conditions contained in the Decision and Order. NOTE: A public hearing cannot be held for Item 1, as the public hearing for the item was closed at the January 25, 2012 meeting of the Board. ******* BEGIN CONSENT PORTION OF THE AGENDA ******* ****** ITEMS 2 THROUGH 6 ****** 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 public hearing portion of the agenda for further discussion and action. ITEM 2 ZON IDTT PROPERTIES, TH STREET EXCEPTIONS Appellant: IDTT Properties (represented by Spencer Vandeberg), th Street, Des Moines, IA Premises Affected: th Street. Legal Description: On file with Community Development Depar tment. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Drake Neighborhood Association. Construction of a 24-foot by 30-foot (720 square feet) detached garage with a maximum height of 21 feet. The garage would be within 6 feet of the rear property line adjoining the 16-foot wide alley, for a combined 22 feet of maneuvering space in front of the garage door on the east side of the garage. Exception of 4 feet over the maximum allo wed 17-foot height for an accessory structure. Exception of 60 square feet over the calculated maximum allowed 660 square feet of aggregate area for accessory structures. Exception of 2 feet less than the minimum required 24 feet of maneuvering area. Required by City Code Section s (6)(b), (c)(3), (g)(1), & (l) 2

3 ITEM 3 ZON DES MOINES ARTS FESTIVAL, LOCUST STREET SPECIAL PERMITS Appellant: Des Moines Arts Festival (represented by Beth Johnson ), 700 Locust Street, Suite 100, Des Moines, IA Premises Affected: 1301 Locust Street. (Property is owned by Arlington & Hallet, LP, represented by Jodi Beavers.) Current Zoning: C-3A Central Business District Support Comm unity District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Display of a 20-foot by 30-foot (600 square feet) banner sign on the west facade of the Arlington Building at 1301 Locust Street to advertise for the Des Moines Arts Festival for two consecutive 30 -day periods beginning April 27, 2012 and ending June 25, Special Permit for special event signage for a 30 -day period beginning April 27, 2012 and ending May 26, Special Permit for special event signage for a 30 -day period beginning May 27, 2012 and ending June 25, Required by City Code Section (13) ITEM 4 ZON KENWORTHY, TH STREET EXCEPTION Appellant: Arthur John Kenworthy, th Street, Des Moines, IA Premises Affected: th Street. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Associat ion: W estwood Neighborhood Association. Retention of a 6-foot high opaque wood fence constructed within 32 feet of the front property line along 45 th Street. Exception of 18 feet less than the calculated minimum required 50 -foot front yard setback. Required by City Code Section (e) 3

4 ITEM 5 ZON DES MOINES HABITAT FOR HUMANITY, INC., TH AVENUE EXCEPTIONS Appellant: Des Moines Habitat for Humanity, Inc. (represented by Lance Henning), PO Box 716, Des Moines, IA Premises Affected: th Avenue. Current Zoning: R-3 Multiple-Family Residential District. Applicable Neighborhood Association: Highland Park Neighborhood Association. Division of the property into two lots fronting 5 th Avenue for single-family residential development, including a 47-foot by 130-foot (6,110 square feet) Lot A and a 52-foot by 130-foot (6,760 square feet) Lot B. The dwelling on Lot B would have an 18-foot front yard setback along Ovid Avenue. Exception of 13 feet less than the minimum required 60 -foot lot width for Lot A. Exception of 8 feet less than the minimum required 60 -foot lot width for Lot B. Exception of 12 feet less than the minimum required 30 -foot front yard setback along Ovid Avenue for Lot B. Required by City Code Section s (3)(a) & (4) ITEM 6 ZON WASTE MANAGEMENT OF IOWA, INC., 201 SOUTHEAST 18 TH STREET CON DITIONAL USE PERMIT Appellant: W aste Management of Iowa, Inc. (represented by David Massey), 201 Southeast 18 th Street, Des Moines, IA Premises Affected: 201 Southeast 18 th Street. Current Zoning: M-2 Heavy Industrial District. Applicable Neighborhood Association: NA. Expansion of the W aste Management of Iowa complex to include a compressed natural gas (CNG) fueling system with above ground storage vessels and related gas drying and compressor equipment. The use would involve on-site sales of CNG to third-party customers at a quick-fill fueling station. Conditional Use Permit for a use in the "M -2" Heavy Industrial District that is not otherwise permitted in the "M-1" Light Industrial District. Required by City Code Section (5) ********** END CONSENT PORTION OF THE AGENDA ********** 4

5 Item 7 was continued from the January 25, 2012 Zoning Board of Adjustment meeting. ITEM 7 ZON LINDA MILLER REV. LIVING TRUST, 2825 SUMMIT VISTA DRIVE SPECIAL PERMIT, VARIANCES, & EXCEPTION Appellant: Linda Miller Rev. Living Trust (represented by Linda Miller), 1702 East 900 South Salt Lake City, UT Premises Affected: 2825 Summit Vista Drive. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: Southwestern Hills Neighborhood Association. Retention of a home-based business for a lawn care service. The business includes vehicles and a storage trailer parked outdoors on the premises. The appeals would also allow 311 square feet of paved surface in the front yard area in addition to the existing 713 square feet of paved surfac e, for a total of 1,024 square feet of paved surface. This would comprise 35.6% of the front yard area. The site is limited to paving 25% (720 square feet) of the 36 -foot by 80-foot (2,880 square feet) front yard area. Special Permit for a Home Occupation. Variance to waive the restriction that home occupations shall have no outside operation, storage or display of materials or products. Variance of the provision stating that the home occupation must be a use that would be permitted in the C -2 General Retail and Highway-Oriented Commercial District without approval of the Zoning Board of Adjustment. Exception of 304 square feet over the calculated maximum allowed 720 square feet of paving within the front yard area. Required by City Code Sections (m)(3), (10), (10)(f), & (l) ITEM 8 ZON KULISKY, 2715 EAST UNIVERSITY AVENUE VARIANCE Appellant: Keith Kulisky, 5455 SE 8 th Place, Pleasant Hill, IA Premises Affected: 2715 East University Avenue. Current Zoning: C-1 Neighborhood Retail Commercial District. Applicable Neighborhood Association: Fairground Neighborhood Association. Installation of a 9.25-foot by 8-foot (74 square feet) freestanding pole sign that would include an 8-foot by 4-foot (32 square feet) electronic component. Variance to allow an electronic sign (Type D) in a "C -1" District where the site area is less than 10 acres. Required by City Code Section (8) 5

6 ITEM 9 ZON FAUST, ND STREET VARAINCE & EXCEPTION Appellant: Donita Faust, nd Street, Des Moines, IA Premises Affected: nd Street. Legal Description: On file with Community Develo pment Department. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Lower Beaver Neighborhood Association. Construction of a 22.5-foot by 26-foot attached garage within three (3) feet of the south side property line and within 20 feet of the west rear property line. Variance of 4 feet less than the minimum required 7 feet of side yard setback on one side. Exception of 6 feet less than the minimum required 26 feet rear yard setba ck calculated for a Lot of Record. Required by City Code Sections (4)(a) & (b)(3) ITEM 10 ZON FORT DES MOINES SENIOR HOUSING, LLLP, 505 ARMY POST ROAD SPECIAL PERMIT & VARIANCE Appellant: Fort Des Moines Senior Housing, LLLP (represented by Thomas Akers), 2 East Army Post Road, Des Moines, IA Premises Affected: 505 Army Post Road. Current Zoning: C-2 General Retail and Highway-Oriented Community District. Applicable Neighborhood Association: Fort Des Moines Neighborhood Association. Display of a 1.17-foot by 10-foot (11.7 square feet) banner sign along Army Post Road for a period beginning February 23, 2012 and ending September 30, The banner sign would advertise leasing availability for the Fort Des Moines Senor Housing development. Special Permit for special event signage for a period beginning February 23, 2012 and ending September 30, Variance of the provis ion limiting a site to two (2) Special Permits for 30 days each in any one-year period. Required by City Code Section (10) 6

7 ITEM 11 ZON LBA 60, INC., 600 EAST 5 TH STREET SPECIAL PERMIT & VARIANCE Appellant: LBA 60, Inc. (represented by Gene Collins), 38 1 st Avenue NW, Le Mars, IA Premises Affected: 600 East 5 th Street. (Business is operated as Prime Nursing & Rehabilitation Center, represented by John Beaudette.) Legal Description: On file with Community Developme nt Department. Current Zoning: R-4 Multiple-Family Residential District. Applicable Neighborhood Association: Historic East Village Neighborhood Association. Display of a 16-foot by 25-foot (400 square feet) banner sign on the 11 th floor of the building s west facade for a one-year period beginning February 23, 2012 and ending February 22, The banner sign would advertise leasing availability for the Prime Nursing & Rehabilitation Center. Special Permit for special event signag e for a one-year period beginning February 23, 2012 and ending February 22, Variance of the provision limiting a site to two (2) Special Permits for 30 days each in any one-year period. Required by City Code Section (10) ITEM 12 ZON WHALEY, 5901 EAST HIGHVIEW DRIVE VARIANCES Appellant: Michael W haley, 5901 East Highview Drive, Des Moines, IA Premises Affected: 5901 East Highview Drive (parcel is also known as 5707 Southeast 45 th Street and Parcel 120/ ). Current Zoning: A-1 Agriculture District. Applicable Neighborhood Association: NA. Subdivision of the existing acre lot to create a 2.2-acre (225 feet by 425 feet) lot containing the existing single-family dwelling. This new parcel would have 225 feet of frontage along Southeast 45 th Street. Variance of 7.8 acres less than the minimum 10 acres of lot area required for a single-family dwelling in the A-1 Agricultural District. Variance of 375 feet less than the minimum 600 feet of lot width required for a single-family dwelling in the A-1 Agricultural District. Required by City Code Section s (1)(a) & (2)(a) **Approval of Minutes for the January 25, 2012 Zoning Board of Adjustment meeting. 7