CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT

Transcription

1 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 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 regulations 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 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, 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 Public Hearing Items portion of the agenda w ill 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 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 comme nts 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 o r 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 oppositio n 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 m ake 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 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 the filing of the decision in the office of the boar d. 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 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 at or visit the Zoning Board of Adjustment s website at

2 ******* BEGIN CONSENT PUBLIC HEARING ITEMS ******* ****** ITEMS 1 THROUGH 3 ****** 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 Clippernomics, LLC, 6007 Southwest 9 th Street Exception Appellant: Clippernomics, LLC, represented by Marc Nalls, 2713 Southeast 7 th Street, Des Moines, IA Premises Affected: 6007 Southwest 9 th Street. Legal Description: On file with the Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: Fort Des Moines Neighborhood Association. Conversion of the building to a barber shop and/or beauty parlor use, with up to 16 operators, while providing at least 27 off -street parking spaces. Exception of up to five (5) parking spaces less than the minimum 32 parking spaces required for a barber shop and/or bea uty parlor use with up to 16 operators (2 spaces per operator). Required by City Code Section (a)(2) Item 2 ZON DMPS (Moulton), Vicinity of th Street Special Permit Appellant: Des Moines Public Schools, represent ed by Bill Good, 1917 Dean Avenue, Des Moines, IA and Children & Family Urban Movement (CFUM), represented by Tony Timm, PX Box 41125, Des Moines, IA Premises Affected: Vicinity of th Street. Legal Description: On file with the Community Development Department. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: River Bend Neighborhood Association. Use of a portion of the school building for an after -school childcare use operated by an entity other than Des Moines Public Schools. Special Permit for an institution of an educational, philanthropic, and/or eleemosynary character. Required by City Code Section (4) 2

3 Item 3 ZON Hernandez, 2549 East 23 rd Street Exceptions Appellant: Jaime Garcia Hernandez, 2549 East 23 rd Street, Des Moines, IA Premises Affected: 2549 East 23 rd Street. Current Zoning: R1-60 One-Family Low-Density Residential District & FW Floodway District. Applicable Neighborhood Association: Fairmont Park Neighborhood Association. Construction of a 10-foot by 25-foot (250 square feet) carport addition to the north façade of the dwelling that would be within 5 feet of north side property line along East Sheridan Avenue. The dwelling has an existing 8 -foot south side yard setback, resulting in a combined 13 feet of side yard setbacks. Exception of 1 f oot less than the minimum 6 feet of side yard setback required for a single-family dwelling on a Lot of Record with 60 feet of lot width (10%). Exception of 2 feet less than the minimum 15 feet of combined side yard setbacks required for a single -family dwelling. Required by City Code Section s (b)(2) & (4)(a) ******* END CONSENT PUBLIC HEARING ITEMS ******* ******* BEGIN DISCUSSION PUBLIC HEARING ITEMS ******* Item 4 ZON Six, 4502 Southeast 14 th Street Appeal Zoning Determination or Variance Appellant: Michael Six, 2774 Hwy 65/69, Carlisle, IA Premises Affected: 4502 Southeast 14 th Street. Legal Description: On file with the Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: South Park Neighborhood Association. Use of the existing building for a commercial use and rete ntion of an existing pole sign structure. Part A) Appeal of the zoning determination dated November 30, 2018 that states use of this land and structure has ceased for more than six (6) months and, therefore, the property has lost its legal non-conforming rights, including those for the free-standing pole sign. Required by City Code Sections & If the Board upholds the zoning determination in Part A, the Board shall consider the following: Part B) Variance of the provisions that require any freestanding sign to be a monument sign with a maximum height of 8 feet. Required by City Code Section (p)(4) 3

4 Item 5 ZON Southeast 23 rd Street Property, LLC 1635 De Wolf Street Appeal Zoning Determination Appellant: Southeast 23 rd Street Property, LLC, represented by Greg Holt, 20 East 18 th Street, Des Moines, IA Premises Affected: 1635 De W olf Street. Current Zoning: M-2 Heavy Industrial District. Applicable Neighborhood Association: None. Resume use of the property for outdoor storage of inoperable vehicles. Appeal of the zoning determination dated December 20, 2018 that states the property at 1635 De Wolf Street does not have legal non-conforming rights use the property for a salvage yard since outdoor storage of inoperable vehicles has lapsed for more than six (6) months. Required by City Code Sections & Item 6 ZON E Court, LLC, 322 East Court Avenue Conditional Use Permit Appellant: 322 E Court, LLC, represented by Jake Christensen, 215 Ea st 3 rd Street, Suite 300, Des Moines, IA The business would be operated by Margarita Factory, LLC, represented by Gerald Seals, 1829 Goose Lake Circle, North Liberty, IA Premises Affected: 322 East Court Avenue. Legal Description: On file with Community Development Department. Current Zoning: C-3B Central Business Mixed-Use District. Applicable Neighborhood Association: Historic East Village Neighborhood Association. Use of up to 2,700 square feet within the western portion of the building for a tavern use. Conditional Use Permit for a tavern selling alcoholic liquor, wine, and beer. Required by City Code Section Item 7 ZON Thompson Properties, LC, 1105 East Broadway Avenue Variance Appellant: Thompson Properties, LC, represented by Robert Thompson, 105 Broadway Street, W aterloo, IA Premises Affected: 1105 East Broadway Avenue. Legal Description: On file with the Community Development Department. Current Zoning: M-1 Light Industrial District. Applicable Neighborhood Association: Highland Park Neighborhood Association. Retention of four (4) mechanical equipment units along the northside of the building that are visible from East Broadway Avenue. Variance of the provision that requires any mechanical equipment unit that would be visible from a street to be screened from view. Required by City Code Sections (t)(1) 4

5 Item 8 ZON Hall, 3017 Dean Avenue Appeal Zoning Determination Appellant: Tim Hall, Sr., 4300 Indianola Avenue, Des Moines, IA Premises Affected: 3017 Dean Avenue. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Associa tion: None. The appeals would allow for the following on the existing 75-foot by 123-foot (9,225 square feet) parcel: A two-family dwelling located within 0 feet of the west (side) property line. A one-family dwelling located within 0 feet of th e south (rear) property line. Appeal of the zoning determination that the property does not have legal nonconforming rights for any residential use other than a one -family dwelling. Required by City Code Sections & Item 9 ZON Lany DM, LLC, 2535 Hubbell Avenue Variances Appellant: Lany DM, LLC, represented by Richard Ridloff, 3592 Northwest 61 st Circle, Boca Raton, FL Premises Affected: 2525 Hubbell Avenue. Current Zoning: C-4 Shopping Center Commercial District. Applicable Neighborhood Association: ACCENT Neighborhood Association. Conversion of the existing building (generally measuring 550 feet by 210 fee t and up to 28 feet in height) to a miniwarehouse use, and construction of three (3) additional miniwarehouse buildings that would each measure 160 feet by 30 feet. The appellant does not propose to provide a controlled access and fenced compound around the facility. Variance to the definition of "miniwarehouse", which states a miniwarehouse building shall not exceed 25 feet in height or 150 feet in any other dimension. Variance of the requirement that requires any miniwarehouse use to provide a controlled access and fenced compound. Required by City Code Sections 134-3(definition of miniwarehouse), , & (c)(20) 5

6 Item 10 ZON R & S Partnership, rd Street Variance & Exception Appellant: R & S Partnership, represented by Howard Hoffman, 7046 Lynwood Court, Johnston, IA Premises Affected: rd Street. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: None. Conversion of 4,420 square feet within the existing building to an assembly/health club use, while providing at least 41 off -street parking spaces accessed by a 22-foot wide drive aisle. Variance of 74 parking spaces less than the minimum 115 spaces required for 4,420 square feet of assembly/health club use (1 space per 150 square feet) and 16,820 square feet of retail use (1 space per 200 square feet). Exception of 2 feet less than the minimum 24 feet of drive aisle width required for 90-degree angle parking spaces. Required by City Code Sections (a)(5 & 24) & (g)(1) Item 11 ZON Git-N-Go Convenience Stores, Inc., th Avenue Conditional Use Permit Appellant: Git-N-Go Convenience Stores, Inc, represented by Dennis Flora, 2716 Indianola Avenue, Des Moines, IA The business is operated as In & Out Market, represented by Eric Estes, th Avenue, Des Moines, IA Premises Affected: th Avenue. Legal Description: On file with the Community Development Department. Current Zoning: C-1 Neighborhood Retail Commercial District. Applicable Neighborhood Association: River Bend Neighborhood Association. Sale of wine beer by an existing limited food and retail sales establishment (In & Out Market) operating within a 30-foot by 66-foot (1,980 square feet) commercial building. As a limited food and retail sales establishment, the business would be allowed to derive no more than 40% of its gross sales from wine, beer, and/or tobacco products. Conditional Use Permit for a limited food and retail sales establishment selling wine and beer in a C-1 District. Required by City Code Section **Approval of Minutes for the December 19, 2018 Zoning Board of Adjustment meeting. 6