CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT

Transcription

1 CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT AGENDA FOR THE MEETING SCHEDULED FOR October 24, 2018 MEETING TO BEGIN AT 1:00 PM IN THE MSC BOARD ROOM (2 ND FLOOR) WITHIN THE CITY S MUNICIPAL SERVICE CENTER AT 1551 EAST MARTIN LUTHER KING, JR. PARKWAY, DES MOINES, IA 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 broadcas t 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 i ts 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 comments upon those facts that demonstrate whether or not the cri teria 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 i ndividually 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 Hearing Items portion agenda and separately considered under the Non-Consent Public Hearing 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 represen tative 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 then be closed to public comment and the Board will make a decisi on. 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 t he 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 court of record a petition, du ly 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 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 three business days in advance when possible 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 Mun icipal 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 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 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 Monarch Cement Co, 5200 Park Avenue Special Permit Appellant: Monarch Cement of Iowa, Inc., represented by Jerry Green 5200 Park Avenue, Des Moines, IA Premises Affected: 5200 Park Avenue. Legal Description: On file with the Community Development Department. Current Zoning: M-2 Heavy Industrial District. Applicable Neighborhood Association: Southwestern Hills Neighborhood Association. Use of the property for a temporary concrete plant, for up to 18 months, where drive aisles and off -street parking areas would be surfaced with as phalt millings. Special Permit for temporary off -street parking areas that do not satisfy the standards of City Code Section Required by City Code Section (11) Item 2 ZON Iowa Cubs, 1 Line Drive Special Permit Appellant: Iowa Cubs, represented by Dustin Halderson, 1 Line Drive, Des Moines, IA The property is owned by the City of Des Moines, represented by Phil Delafield, Assistant City Manager, 400 Robert D. Ray Drive, Des Moines, IA Premises Affected: 1 Line Drive. Legal Description: On file with Community Development Department. Current Zoning: D-R Downtown-Riverfront District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Use of the parking lot to the west of the stadium for special events, such as charitable events and run events, where two or more mobile food vendors could be present. The Special Permit would be valid for a 5 -year period to end October 31, Special Permit for sales activities and signage in conjunction with seasonal and special events. Required by City Code Section (18) 2

3 Item 3 ZON Easton Properties, LLC, 3104 Villa Vista Drive Exception Appellant: Easton Properties, LLC, represented by Chris Harvey, 4811 Southeast 104 th Street, Runnells, IA Premises Affected: 3104 Villa Vista Drive. Legal Description: Lot 50 of Bobby s Place. Applicable Neighborhood Association: Highland Park Neighborhood Association. Construction of a 36-foot by 27.6-foot (993.6 square feet) accessory structure within the rear yard area. Exception of square feet over t he calculated m aximum allowed 704 square feet of aggregate area for accessory structures. Required by City Code Section (c)(3) Item 4 ZON Fritzler Family Enterprises, LLC & CAM Property Holdings, LLC Vicinity of 932 Leland Avenue Exceptions Appellant: Fritzler Family Enterprises, LLC & CAM Property Holdings, LLC, represented by Caleb Fritzler, 4407 Southwest 9 th Street, Des Moines, IA Premises Affected: Vicinity of 932 Leland Avenue. Legal Description: Lots 11 & 12 of Langdon Place. Applicable Neighborhood Association: W atrous South Neighborhood Association. Reconfiguration of two (2) existing parcels with frontage along Leland Avenue as two (2) parcels with frontage along Southwest 10 th Street. The northernmost lot would measure 77 feet by 91 feet (7,007 square feet and contain an existing dwelling. The southernmost lot would measure 75 feet by 91 feet (6,825 square feet) and contain a future single -family dwelling that would be within 25 feet of the front (west) property line and within 20 feet of the rear (east) property line. Exceptions of up to 675 square feet less than t he minimum 7,500 square feet of lot area required for a single-family residential use. Exception of 5 feet less than the minimum required 30 -foot front yard setback (both lots). Exception of 10 feet less than the minimum required 3 0-foot rear yard setback (southern lot only). Required by City Code Sections (1)(a), (3), & (5) 3

4 Item 5 ZON Anderson, 2400 Williams Street Exceptions & Variance Appellant: Clifton Terry Anderson, 609 NE Trilein Drive, Ankeny, IA Premises Affected: 2400 W illiams Street. Legal Description: Lots 63 & 65 of Four Mile. Applicable Neighborhood Association: Sheridan Gardens Neighborhood Association. Division of the existing parcel measuring 100 feet by 125 feet (12,500 square feet) lot into two lots, each measuring 50 feet by 125 feet (6,250 square feet). The northernmost lot would contain the existing single -family dwelling that is within 0 feet of the north side property line and the southernmost lot would contain a new single-family dwelling. Exception of 10 feet less than the minimum 60 feet of lot width required for a single-family residential use. Exception of up to 1,250 square feet less than the minimum 7,500 square feet of lot area required for a single-family residential use. Variance of 7 feet less than the minimum required 7 -foot side yard setback (north lot). Required by City Code Sections (1)(a), (2)(a), & (4)(a) Item 6 ZON Indigo Dawn, LLC, th Street Exceptions Appellant: Indigo Dawn, LLC, represented by Chaden Halfhill, th Street, Suite 300, Des Moines, IA Premises Affected: th Street. Legal Description: Lot 22 of Grand Park. Current Zoning: R-2 One- and Two-Family Residential District. Applicable Neighborhood Association: River Bend Neighborhood Association. Reuse of the existing structure on a 50 -foot by 130-foot (6,500 square feet) parcel for a two-family (duplex) residential use. Exception of 3,500 square feet less than the minimum 10,000 square feet of lot area required for a two-family dwelling. Exception of 25 feet less than the minimum 75 square feet of lo t width required for a two-family dwelling. Required by City Code Section s (1)(c) & (2)(c) 4

5 Item 7 ZON East 3 rd Street, LLC, 215 East 3rd Street Exceptions Appellant: 215 East 3 rd Street, LLC, represented by Angie Pfannkuch, 215 East 3 rd Street, Suite 300, Des Moines, IA The business is operated by Molly s Cupcakes, represented by Jamie Skinner, 205 East 3 rd Street, Suite 101, Des Moines, IA Premises Affected: 215 East 3 rd Street. Legal Description: On file with Community Development Department. Current Zoning: C-3B Central Business District Mixed -Use District. Applicable Neighborhood Association: Historic East Village Neighborhood Association. Installation of a 3-foot by 15-foot (45 square feet) wall-mounted sign on the west façade of the building, in addition to retention of an existing 3-foot by 15-foot (45 square feet) wall-mounted sign on the south (non-frontage) façade of the building and an existing 2.5-foot by 2.5-foot (6.25 square feet) wall-mounted sign on the west façade of the building, resulting in three (3) wall-mounted signs with a cumulative square feet of signage area. Exception of one (1) sign over the maximum allowed two (2) wall -mounted signs. Exception of square feet over the maximum allowed 82.5 square feet of signage area allowed for a business with 55 feet of building front age (1.5 square feet of signage area per lineal foot of building frontage). Exception of 3.75 square feet over the maximum square feet of signage area (50% of 82.5 square feet of signage area allotment) allowed to be placed on building walls other than the frontage wall from which such area was earned. Required by City Code Section s (1) & (o) Item 8 ZON DJL Properties, LLC, nd Avenue Exception Appellant: DJL Properties, LLC, represented by Jeff Lindell, 2743 Northwest 73 rd Avenue, Ankeny, IA Premises Affected: nd Avenue. Legal Description: Lots 34, 35, & 36 of Block 1 of Lake Park. Current Zoning: M-1 Light Industrial District. Applicable Neighborhood Association: Highland Park Neighborhood Association. Construction of a new office building that would include a canopy that would extend from the proposed building to within 12.5 feet of front property line along 2 nd Avenue. Exception of 12.5 feet less than the minimum required 25-foot front yard setback. Required by City Code Section (1) 5

6 Item 9 ZON DMPS (Studebaker Elementary), 300 East County Line Road Special Permit Appellant: Des Moines Public Schools, represented by Bill Good, 1917 Dean Avenue, Des Moines, IA Premises Affected: 300 East County Line Road. Legal Description: On file with Community Development Department. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: None. Construction of an off -street parking lot and school drop off lane within the front yard area of the school grounds, where portions of the park ing lot would be within 7 feet of the front (south) property line along East County Line Road. Special Permit for an institution of an educational character. Required by City Code Section (3), (2), (f)(2)(a)(8) Item 10 ZON Christ the King Catholic Church, 5711 Southwest 9 th Street Special Permit Appellant: Christ the King Catholic Church, represented by Michelle Miller, 701 W all Avenue, Des Moines, IA Premises Affected: 5711 Southwest 9 th Street. Legal Description: On file with Community Development Department. Applicable Neighborhood Association: Fort Des Moines Neighborhood Association. Retention of a 5.75-foot by foot (65 square feet) wall-mounted sign on the south façade of the building near the entrance to the school. Special Permit for an institution of an educational and/or religious character. Required by City Code Section (2) Item 11 ZON DMACC, Vicinity of th Street Exception Appellant: Des Moines Area Community College, rep resented by Anne Howsare, th Street, Des Moines, IA Premises Affected: Vicinity of th Street. Legal Description: On file with the Community Development Department. Current Zoning: R-4 Multiple-Family Residential District. Applicable Neighborhood Association: Cheatom Park Neighborhood Association. Construction of a new building on the Des Moines Area Community College campus that would have a maximum height of 60 feet. Exception of 15 feet over the maximum 45 feet of height allowed for a principal building in an R-4 District. Required by City Code Section (7)(a) ******* END CONSENT PUBLIC HEARING ITEMS ******* 6

7 ******* BEGIN DISCUSSION PUBLIC HEARING ITEMS ******* Item 12 ZON Cancino, 1750 Lyon Street Special Permit & Variances Appellant: Luis Cancino, 1750 Lyon Street, Des Moines, IA Premises Affected: 1750 Lyon Street. Legal Description: Lot 9 of Block 68 of Stewart s Addition. Applicable Neighborhood Association: Capitol East Neighborhood Association. Retention of a roofing contractor business on the property that occupies up to 50% of the existing 576-square foot detached garage and includes outdoor storage of a company vehicle and a trailer on the northernmost 30 feet of the property. A contractor storage yard is a use that is required to be located in an M Industrial District. Special Permit for a Home Occupation. Variance of the provision that prohibits a home occupation from having outside operation, storage or display of materials or products. Variance of the provision that requires a home occupation to be of a use that would be permitted anywhere in the C -2 General Retail and Highway-Oriented Commercial District. Required by City Code Sections (10), (10)(f), & (10)(l) Item 13 ZON Ford, 2728 Hickman Road Exception & Variance Appellant: Gene Ford, 2728 Hick man Road, Des Moines, IA Premises Affected: 2728 Hickman Road. Legal Description: On file with Community Development Department. Current Zoning: R1-60 One-Family Residential District. Applicable Neighborhood Association: Beaverdale Neighborhood Association. Construction of a 2-story detached garage, measuring 24 feet by 30 feet (720 square feet) that would have a maximum height of 25.5 feet. The upper story of the garage would be used for storage. Exception of 8.5 feet over t he maximum 17 feet of height allowed for an accessory structure. Variance of 1 story over the maximum 1 story allowed for an accessory structure. Required by City Code Sections (6)(b) & (7)(b) 7

8 Item 14 ZON Fouche, 2625 Westover Boulevard Variance Appellant: Roger Fouche, 2625 W estover Boulevard, Des Moines, IA Premises Affected: 2625 W estover Boulevard. Legal Description: Lot 5 of Westover Plat No. 5. Applicable Neighborhood Association: Merle Hay Neighborhood Association. Construction of a garage measuring 24 feet by 4 0 feet (960 square feet), in addition to an existing garage measuring 24 feet by 30 feet (720 square fe et) and an existing shed measuring 10 feet by 15 feet (150 square feet), resulting in a cumulative 1,830 square feet of aggregate area for accessory structures. Variance of 830 square feet over the maximum allowed 1,000 square feet of aggregate area for accessory structures. Required by City Code Section (c)(3) Item 15 ZON Green LTD, LC, 300 West Martin Luther King, Jr. Parkway Variances Appellant: Green LTD, LC, represented by Rich Eychaner, PO Box 1797, Des Moines, IA Premises Affected: 300 W est Martin Luther King, Jr. Parkway. Legal Description: On file with Community Development Depar tment. Current Zoning: C-3R Central Business District Mixed -Use Residential District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Installation of a 5.5-foot by 11-foot (60.5 square feet) wall-mounted sign on the 2 nd floor of the north façade of the structure and a 5.5-foot by 11-foot (60.5 square feet) wall-mounted sign on the 2 nd floor of the west façade of the structure, where the signs would identify an occupant on the 2 nd floor of the building. Variance of one (1) sign over the maximum one (1) wall -mounted sign allowed for an occupant without occupant frontage on the ground floor of the building. Variance of 119 square feet over the maximum two (2) square feet of signage area allowed for an occupant without occupant frontage on the ground floor of the building. Variance of the provision that an occupant without occupant frontage must place its sign at its primary entrance. Required by City Code Section (3) 8

9 Item 16 ZON First Assembly of God Church, 2725 Merle Hay Road Special Permits Appellant: First Assembly of God Church, represented by Andy Reed, Merle Hay Road, Des Moines, IA Premises Affected: 2725 Merle Hay Road. Legal Description: On file with Community Development Department. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Merle Hay Neighborhood Association. Permanent display of a banner sign, measuring up to 32 square feet, affixed to the chain link fence surrounding the playground, where the banner would identify the daycare operating within the church; and Temporary display of banner signs, measuring up to 32 square feet, along Merle Hay Road frontage, where the banners would identify special events occurring at the church. These temporary banners would be on display for u p to six (6) 10- day periods within any c alendar year. The Special Permit for temporary signage would be valid for a 5-year period to end October 31, Special Permit for an institution of an educational and/or religious character. Special Permit for temporary signage in conjunction with seasonal and special events. Required by City Code Section s (2 & 18) Item 17 has been withdrawn by the appellant since the property may be reconfigured so that the parcel that the gas station/convenience store would be constructed on p rovides the minimum 150 feet of separation from any church, as required for the sale of wine and beer. Item 17 ZON Fairmont Education, Inc. Vicinity of Hubbell Avenue Variance Appellant: Fairmont Education, Inc., represented by Roger Godron, 3720 East 29 th Street, Des Moines, IA The business would be operated by Kwik Trip, Inc., represented by Scott Zietlow, 1626 Oak Street, La Crosse, W I, Premises Affected: Vicinity of 4105 Hubbell Avenue. Legal Description: On file with Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: Sheridan Gardens Neighborhood Association. The Variance would allow for the sale of wine and beer by a proposed gas station/convenience store. As a gas station/convenience store, the business would be allowed to derive no more th an 40% of its gross sales from wine, beer, and/or tobacco products. The subject property is within 66 feet of a church at 4101 East 42 nd Street and within 142 feet of a church at 4019 East 42 nd Street. Variance of the provision that requires th at any gas station/convenience store selling wine and/or beer to provide at least 150 feet of separation distance from any church. Required by City Code Section (a) 9

10 Item 18 ZON JB Properties, LLC, Vicinity of 304 East Walnut Street Variance & Exception Appellant: JB Properties, LLC, represented by Patrick Vial, 1719 W est Main Street, Rapid City, SD The site would be developed by Lincoln McIlravy, nd Street, Suite 103, Coralville, IA Premises Affected: Vicinity of 304 East W alnut Street. Legal Description: On file with Community Development Department. Current Zoning: C-3B Central Business District Mixed -Use District & CDO Capitol Dominance Overlay District. Applicable Neighborhood Association: Historic East Village Neighborhood Association. Construction of 7-story commercial building that would have a maximum height of 82.5 feet. Variance of 27.5 feet over the maximum 55 feet of height allowed for a nonresidential building in Area B of the CDO Capitol Dominance Overlay District. Exception of 7.5 feet over the maximum 75 feet of height allowed for any structure in the C-3B District. Required by City Code Sections (4), (c)(2) & (1) Item 19 ZON Watson, 4232 East Madison Avenue Exception Appellant: John W atson, 4232 East Madison Avenue, Des Moines, IA Premises Affected: 4232 East Madison Avenue. Legal Description: On file with Community Development Departmen t. Current Zoning: R1-60 One-Family Low-Density-Residential District. Applicable Neighborhood Association: Sheridan Gardens Neighborhood Association. Construction of a 30-foot by 40-foot (1,200 square feet) detached garage in the rear yard area, with a maximum height of 17 feet. The existing garage would be removed from the property. Exception of 200 square feet over the maximum allowed 1,000 square feet of aggregate area for accessory structures. Required by City Code Section (c)(3) 10

11 Item 20 ZON Dextercorp, Inc., 1016 & 1018 East 9 th Street Variance Appellant: Dextercorp, Inc., represented by Kevin W ahlert, 1102 East 9 th Street, Des Moines, IA Premises Affected: 1016 & 1018 East 9 th Street. Legal Description: Lot 8 of Block D of Deans 2 nd SD OF Outlot. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Capitol Park Neighborhood Association. Retention of the existing accesso ry structure until construction of a single-family dwelling is commenced on the property. Variance of the provision that states no accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced. Required by City Code Section (c)(4) **Approval of Minutes for the September 26, 2018 Zoning Board of Adjustment meeting. ***Approval of the 2019 Schedule of Zoning Board of Adjustment meeting dates. 11