CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT

Transcription

1 CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT AGENDA FOR THE MEETING SCHEDULED FOR AUGUST 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 o n 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 Channel 7. The Board members receive copies of the agenda and staff recommendations before the meeting. Copies of the agenda and the staff 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 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 upo n 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 port ion 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 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 a ppellant 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 b e 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 decisio n 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, jo intly 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, se tting 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 acc ommodations 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 boards/zoningboardofadjustment.

2 ******* BEGIN CONSENT PORTION OF THE AGENDA ******* ****** ITEMS 1 THROUGH 8 ****** 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 1 ZON PINE RIDGE REAL ESTATE, LLC, VICINITY OF 1751 MAURY STREET CONDITIONAL USE PERMIT Appellant: Pine Ridge Real Estate, LLC (represented b y Brady Stewart), 1800 Maury Street, Des Moines, IA Premises Affected: Vicinity of 1751 Maury Street. Current Zoning: M-2 Heavy Industrial District. Applicable Neighborhood Associat ion: NA. Expansion of the existing facility with construction of two (2) 50,000 -gallon above ground storage tanks. 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) ITEM 2 ZON GEPHART, TH STREET EXCEPTION Appellant: Kent Gephart, th Street, Des Moines, IA Premises Affected: th Street. Applicable Neighborhood Association: W aveland Park Neighborhood Association. Construction of a 24-foot by 30-foot (720 square feet) detached garage within the rear yard area. Exception of 60 square feet over the calculated maximum allowed 660 square feet of aggregate area for accessory buildings. Required by City Code Section (c)(3) 2

3 ITEM 3 ZON LYON, 4136 EAST OVID AVENUE EXCEPTION Appellant: Robert & Christine Lyon, 4136 East Ovid Avenue, Des Moines, IA Premises Affected: 4136 East Ovid Avenue. Applicable Neighborhood Association: Sheridan Gardens Neighborhood Association. Construction of an 8-foot by 20-foot (160 square feet) storage shed, in addition to an existing 24-foot by 30-foot (720 square feet) garage, for a combined 880 square feet of aggregate area for accessory structures. Exception of 100 square feet over the calculated maximum 780 square feet of aggregate area for accessory structures. Required by City Code Section (c)(3) ITEM 4 HAS BEEN WITHDRAWN BY THE APPELLANT. ITEM 4 ZON DES MOINES METRO WASTEWATER RECLAMATION AUTHORITY 3125 VANDALIA ROAD SPECIAL PERMIT & VARIANCE Appellant: Des Moines Metropolitan W astewater Reclamation Authority (represented by James Beck), 3000 Vandalia Road, Des Moines, IA Premises Affected: 3125 Vandalia Road. Current Zoning: M-1 Light Industrial District. Applicable Neighborhood Association: NA. Use of the property for a bio-generated Compressed Natural Gas (CNG) fueling station. This includes housing of equipment for the process of compressing and regulating gas from the nearby wastewater treatment process within a 2,500- square foot building. The site would also include an up to 10,000 -gallon above ground storage tank for CNG; up to three 7,050 -gallon above ground vessels for sulfur media treatment; and two 600 -square foot canopies and one 500 -square foot canopy over the CNG fuel dispensing islands. Special Permit for a use of a building located on public grounds, provided such use is under contract with a government entity and is intended to serve the users of the public grounds. Variance of the provision that storage of flammable liquids be underground only. Required by City Code Sections (2) & (8) 3

4 ITEM 5 ZON HOLT, 1020 KNOB HILL DRIVE EXCEPTION Appellant: Kevin Holt, 1020 Knob Hill Drive, Des Moines, IA Premises Affected: 1020 Knob Hill Drive. Current Zoning: R1-70 One-Family Low-Density Residential District. Applicable Neighborhood Association: Valley High Manor Neighborhood Associat ion. Construction of a 10-foot by 15-foot (150 square feet) covered porch addition that would be within 24 feet of the east front property line adjoining Knob Hill Drive. Exception of 6 feet less than the calculated minimum required 33-foot front yard setback. Required by City Code Section (e) ITEM 6 ZON DOOLIN, TH STREET VARIANCE Appellant: Nate & Penny Doolin, th Street, Des Moines, IA Premises Affected: th Street. Applicable Neighborhood Association: Merle Hay Neighborhood Association. Retention of an 8-foot by 20-foot (160 square feet) roofed porch addition that extends to within 18 feet of the front (east) property line along 56 th Street. Variance of 29 feet less than the calculated minimum required 47 -foot front yard setback. Required by City Code Section (e) ITEM 7 ZON ANDERSON, 4321 WOODLAND AVENUE EXCEPTION Appellant: Cherish Anderson, 4321 W oodland Avenue, Des Moines, IA Premises Affected: 4321 W oodland Avenue. Applicable Neighborhood Association: Ingersoll Park Neighborhood Association. Construction of a 17-foot by 16-foot (272 square feet) accessory structure that would be used as a covered patio area, in addition to an existing 576 square foot garage, for combined 848 square feet of aggregate area for accessory structures on the property. The proposed covered patio structure would be located to the north (rear) of the existing gara ge. Exception of 272 square feet over the maximum allowed 576 square feet of aggregate area of accessory structures. Required by City Code Section (c)(3) 4

5 ITEM 8 ZON VANDER WELL, TH AVENUE EXCEPTIONS Appellant: Tim Vander W ell, 9817 Suncrest Lane, Johnston, IA Premises Affected: th Avenue. Current Zoning: C-2 General Retail and Highway-Oriented Community District. Applicable Neighborhood Association: Highland Park Neighborhood Association. Use of the existing building on the 3,380 -square foot property for a two-family residential use. The dwelling unit on the first floor of the structure would include an artist studio, which is permitted since this property is zoned "C -2" General Retail and Highway-Oriented Commercial District. Exception of 2,620 square feet less than the minimum required 6,000 square feet of lot area for a two-family (duplex) use. Exception of 1 off-street parking space less than the minimum required 2 off - street parking spaces (1 per dwelling unit). Required by City Code Sections (a)(8)(b) & (1)(a), & 845(1)(c) ********** END CONSENT PORTION OF THE AGENDA ********** ITEM 9 ZON RAINS, 4102 SOUTHEAST 10 TH STREET VARIANCES & EXCEPTION Appellant: Ronald Rains, 4102 Southeast 10 th Street, Des Moines, IA Premises Affected: 4102 Southeast 10 th Street. Legal Description: On file with Com munity Development Department. Applicable Neighborhood Association: South Park Neighborhood Association. Retention of three accessory structures totaling 1,128 square feet of area, including a 12-foot by 30-foot (360 square feet) enclosed carport, a 24 -foot by 24-foot (576 square feet) garage, and a 12 -foot by 16-foot (192 square feet) storage shed. The enclosed carport is located within the north side yard of the dwelling and is within 2 feet of the property line. The appeals would also allow paving of a 10-foot by 30-foot (300 square feet) paved driveway within the front yard leading to the enclosed carport, in addition to the existing 16 -foot by 30-foot (480 square feet) paved driveway, for a total of 780 square feet of paving within the front yard area. Variance of 552 square feet over the maximum allowed 576 square feet of aggregate area of accessory structures. Variance of 5 feet less than the minimum required 7-foot side yard setback. Exception of square feet over the maximum allowed square feet of paving (20% of front yard) within the front yard area. Required by City Code Section s (c)(3), (4)(a), & (m)(3) 5

6 ITEM 10 ZON JAMA, TH STREET EXCEPTIONS Appellant: Hibo Jama, th Street, Des Moines, IA Premises Affected: th Street. Current Zoning: R-3 Multiple-Family Residential District. Applicable Neighborhood Association: King Irving Neighborhood Association. Retention of a foot by 30.5-foot (312 square feet) attached carport that is within 2.5 feet of the south side property line. The dwelling has an existing 8.5- foot setback from the north side property line, for a combined 11 feet of setback. Exception of 2.5 feet less than the minimum req uired 5-foot side yard setback. Exception of 4 feet less than the minimum required 15 feet of t otal side yard setbacks. Required by City Code Section (b)(2) ITEM 11 ZON MERLE HAY MALL, 3850 MERLE HAY ROAD VARIANCES Appellant: Merle Hay Mall (represented by Joe Murdock), 3850 Merle Hay Road, Suite 101, Des Moines, IA Premises Affected: 3850 Merle Hay Road. Current Zoning: C-4 Shopping Center Commercial District. Applicable Neighborhood Association: Merle Hay Neighborhood Association. Installation of a 4-foot by 34-foot (136 square feet) sign on the east facade of the 6 th floor of Merle Hay Tower and installation of a 2 -foot by 6-foot (12 square feet) sign on the west facade of the 1 st floor of Merle Hay Tower. The signs would identify Proteus, a tenant of the building that has no occupant frontage on a public street. Variance of two wall-mounted signs over the maximum zero (0) identification signs for an occupant that does not have occupant frontage on the first floor of the building facing a public street. Variance of 148 square feet of signage over the maximum allowed zero (0) square feet of on-premises type B identification or advertising signs for an occupant that does not have occupant frontage on the first floor of the building facing a public street. Required by City Code Section s & (2) 6

7 ITEM 12 ZON CRUDELE, 1207 EAST AURORA AVENUE SPECIAL PERMIT Appellant: Paul Crudele, 1207 East Aurora Avenue, Des Moines, IA Premises Affected: 1207 East Aurora Avenue. Applicable Neighborhood Association: Highland Park Neighborhood Association. The Home Occupation would allow the resident owner of the property to operate a mobile welding and machine shop business that involves business office functions and indoor storage of a mobile welding trailer and machining equipment. W elding and service activities for the business would be conducted at remote job site locations. Special Permit for a home occupation. Required by City Code Section s (10) ITEM 13 ZON HAMMS DES MOINES CO INC., VICINITY OF 201 SOUTHEAST 6 TH STREET AMEND CONDITIONAL USE PERMIT Appellant: Hamms Des Moines Co Inc., represented by Tom Mihalovich, 201 SE 6 th Street, Des Moines, IA and Scott Johnson, Bankers Trust, th Street, Premises Affected: Vicinity of 201 Southeast 6 th Street. Current Zoning: M-2 Heavy Industrial District. Applicable Neighborhood Association: Historic East Village Neighborhood Association. Amend Conditional Use Permit grant ed April 24, 1996 (Docket No ) for a paper recycling facility by revising the condition of approval that requires street trees to be installed around the perimeter of the entire site by May 1, The appellant is proposing to install street t rees along the west property line adjoining Southeast 6 th Street and along the east property line adjoining Southeast 7 th Street, as well as along a portion of the south property line. The business existing operations and site configuration would not chan ge. Amend a Conditional Use Permit for a use not permitted in the M-1 Light Industrial District. Required by City Code Section (5) 7

8 ITEM 14 ZON W INVESTMENT NETWORK, LLC, 2801 FLEUR DRIVE CONDITIONAL USE PERMIT & EXCEPTION Appellant: W Investment Network, LLC (represented by Joel W oehler), 8800 Urbandale Avenue, Urbandale, IA Premises Affected: 2801 Fleur Drive. Current Zoning: Limited C-2 General Retail and Highway-Oriented Community District. Applicable Neighborhood Association: Gray s Lake Neighborhood Association. Use of 6,663 square feet of the first floor and basement levels within the existing structure (Rollins Mansion) and a 75-foot by 150-foot (11,250 square feet) outdoor area to the east (rear) of the structure for an event center/reception hall (assembly) use with alcohol service and consumption permitted throughout; and use of 2,361 square feet of the second and th ird floors of the existing structure for an office use. The site includes 35 ex isting off-street parking spaces. Conditional Use Permit for a business selling wine, liquor, and/or beer. Exception of 16 parking spaces less than the minimum requ ired 51 off-street parking spaces, calculated as 1 stall per 150 square feet for 6,663 square feet of assembly use (45 stalls) and 1 stall per 400 square feet for 2,361 square feet of office use (6 stalls). Required by City Code Section s & (a)(5&9) ITEM 15 ZON COLLINS, 3601 WASHINGTON AVENUE VARIANCES Appellant: Christopher (Jordan) Collins, 3601 W ashington Avenue, Des Moines, IA Premises Affected: 3601 W ashington Avenue. Applicable Neighborhood Association: Beaverdale Neighborhood & Drake Neighborhood Associations. Construction of a 14.5-foot by 20.5-foot ( square f eet) garage addition (with roof deck) to the north side of the existing attached garage. The northeast corner of the addition would be within 1 -foot of the property line adjoining Nierob Court Drive right-of-way. Variance of 6 feet less than th e minimum required 7-foot side yard setback along Nierob Court Drive right-of-way. Variance of the provision that requires 24 feet of maneuvering space for a garage stall, with the maneuvering not located on City right -of-way. Required by City Code Sections (b)(2) & 134-3(definition of parking space) 8

9 ITEM 16 ZON STRICKLAND, 4910 COUNTRY CLUB BLVD VARIANCES Appellant: Strickland Family Rev. Living Trust (represented by Gina Strickland), 4910 Country Club Boulevard, Des Moines, IA Premises Affected: 4910 Country Club Boulevard. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: W aterbury Neighborhood Association. Construction of an addition to the north side of the dwelling that would include a garage generally measuring 25 feet by 25 feet (625 square feet) and an entryway generally measuring 10 feet by 35 feet (350 square feet). The addition woul d be within approximately 15 feet of the east front property line adjoining 49 th Street and within approximately 20 feet of the north/west side property line adjoining Country Club Boulevard. The appellant also proposes construction of a courtyard surrounded by a 6-foot tall fence to the west of the dwelling that would be within 20 feet of the north/west property line adjoining Country Club Boulevard. The appeals would also allow replacement of the existing 6 -foot tall solid fence within the front yard setback along 49 th Street. Variance of 35 feet less than the calculated minimum required 50-foot front yard setback along 49 th Street. Variance of the provision that prohibits construction of a solid fence over 3 feet in height within a front yard setback. Variance of the provision that requires 24 feet of maneuvering space for a garage stall, with the maneuvering not located on City right -of-way. Required by City Code Section (e), (i)(3)(a), & 134-3(definition of parking space) **Approval of Minutes for the July 25, 2012 Zoning Board of Adjustment meeting. 9