CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT

Transcription

1 CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT AGENDA FOR THE MEETING SCHEDULED FOR APRIL 27, 2016 TO BE HELD AT 1:00 PM IN THE CITY HALL COUNCIL CHAMBERS AT 400 ROBERT D. RAY DRIVE. NOTE: this meeting will be held in the City Hall Council Chamber during ongoing City Hall renovations. 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 Zo ning Ordinance 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 deci sions 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 th e 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 mu st 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 Hearing 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 present in opposition to the appeal will then be allowed five minutes each to present their comments. The appellant/representa tive 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 affi rmative 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 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. 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 12 ****** 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 dis cussion and action. Item 1 ZON Christopher, 1219 Burlington Terrace Exceptions Appellant: Janice Christopher, 1219 Burlington Terrace, Des Moines, IA Premises Affected: 1219 Burlington Terrace. Legal Description: Lots 62-63, & 64 of Block A of Chautauqua Park. Applicable Neighborhood Association: Chautauqua Park Neighborhood Association. Construction of a 24-foot by 26-foot (624 square feet) garage addition to the west side of the existing dwelling, which would replace an existing attached garage. The proposed addition would be located within 8 feet of the west side property line and within 25 feet of the south front property line. Th e dwelling has an existing 4-foot east side yard setback, resulting in a combined 12 feet of total side yard setbacks. Exception of 3 feet less than the minimum required 15 feet of total side yard setbacks. Exception of 10 feet less than the c alculated minimum required 35-foot front yard setback. Required by City Code Section s (4)(a) & (e) Item 2 ZON Farrell, 3935 Lincoln Place Drive Exception Appellant: Lori Farrell, 3935 Lincoln Place Drive, Des Moines, IA Premises Affected: 3935 Lincoln Place Drive. Legal Description: On file with Community Development Department. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: Salisbury Oaks Neighborhood Association. Construction of a 24-foot by 30-foot (720 square feet) detached garage that would be located within 7 feet of the north (rear) property line and within 9 feet of the west (side) property line. Exception of 144 square feet over the calculated maximum allowed 576 square feet of aggregate area for accessory structures. Required by City Code Section (c)(3) 2

3 Item 3 ZON DMPS (Aviation Facility), 201 County Line Road Special Permit Appellant: Des Moines Public Schools, represented by Bill Good, 1917 Dean Avenue, Des Moines, IA Premises Affected: 201 County Line Road. Legal Description: On file with the Community Development Department. Applicable Neighborhood Association: NA. Construction of a 7-foot tall by 9.6-foot wide (67.2 square feet) free standing monument sign. The sign would be within 36 feet of the south front property line along County Line Road. The sign includes two (2) logos affixed to the 2 -foot tall masonry base. The Special Permit would also allow installation of an 8 -foot tall freestanding decorative propeller in close proximity to the proposed sign. Special Permit for an institution of educational character. Required by City Code Section (4) Item 4 ZON Nguyen, th Street Exception Appellant: Kim N. Nguyen, th Street, Des Moines, IA Premises Affected: th Street. Legal Description: Lot 3 of Wells Manor. Applicable Neighborhood Association: Oak Park Neighborhood Association. Construction of a 12-foot by 13-foot (156 square feet) deck structure to the front (east façade) of the dwelling that would be within 18 feet of the east front property line. Exception of 15 feet less than the calculated minimum required 3 3-foot front yard setback. Required by City Code Section (e) 3

4 Item 5 ZON Wolfe, th Place Variance & Exceptions Appellant: Aaron W olfe, 4023 Ashby Avenue, Des Moines, IA Premises Affected: th Place. Legal Description: North 112 feet of Lot 27 of Ashby W oods. Applicable Neighborhood Association: Beaverdale Neighborhood Association. Construction of a 40-foot by 28-foot (1,120 square feet) detached garage within the rear yard area. The garage would be 1 -½-stories and have a maximum height of 25 feet. The upper story of the garage would be used for storage. Variance of the provision that limits an accessory structures to 1-story. Exception of 8 feet over the maximum 17 feet of height allowed for an accessory structure. Exception of 120 square feet over the maximum allowed 1,000 square f eet of aggregate area for accessory structures Required by City Code Sections (6)(b), (7)(b), & (c)(3) Item 6 ZON Cardoza, LLC, 3108 East 36 th Court Exception Appellant: Jose Cardoza, 3108 East 36 th Court, Des Moines, IA Premises Affected: 3108 East 36 th Court. Legal Description: Lot 3 of Wells Manor. Applicable Neighborhood Association: Sheridan Gardens Neighborhood Association. Construction of a 14-foot by 9-foot (126 square feet) open front porch addition to the front (east façade) of the dwelling that would be within 33 feet of the east front property line. Exception of 4.7 feet less than the calc ulated minimum required 37.7-foot front yard setback. Required by City Code Section (e) Item 7 ZON Eddinger, 909 East 27 th Court Exception Appellant: Kim & Larry Eddinger, 909 East 27 th Court, Des Moines, IA Premises Affected: 909 East 27 th Court. Legal Description: Lot 5 of Block 4 of Farwell place. Applicable Neighborhood Association: Fairground Neighborhood Association. Construction of a 30-foot by 30-foot addition to the rear of the dwelling that would reduce the area of the rear yard and cause the existing 21-foot by 37-foot (777 square feet) detached garage to exceed 20% of the resulting 66 -foot by 50- foot (3,300 square feet) rear yard area. Exception of 117 square feet over the calculated maximum allowed 660 square feet of aggregate area for accessory structures. Required by City Code Section (c)(3) 4

5 Item 8 ZON Noble, 2608 East 25 th Street Exception Appellant: Robert W. Noble, Sr., 2608 East 25 th Street, Des Moines, IA Premises Affected: 2608 East 25 th Street. Legal Description: On file with the Community Development Department. Applicable Neighborhood Association: Fairmont Park Neighborhood Association. Construction of a 14-foot by 12-foot (168 square feet) addition that would be within 22 feet of the east front property line along Eas t 25 th Street. Exception of 13.5 feet less than the calculated minimum required foot front yard setback along East 25 th Street. Required by City Code Section (e) Item 9 ZON Mercy Properties, th Avenue Variance Appellant: Mercy Properties, represented by Ronald Muecke, th Avenue, Des Moines, IA Premises Affected: th Avenue. Legal Description: On file with Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: NA. Construction of a two-story addition to the north of the existing structure, where the addition would be constructed within 4.5 feet of the west front propert y line along 6 th Avenue. Variance of 20.5 feet less than the minimum required 25 -foot front yard setback. Required by City Code Section (3) Item 10 ZON River Bend Association, Inc., th Street Exception & Variance Appellant: River Bend Association, Inc., represented by Breanne Barnum, th Street, Des Moines, IA Premises Affected: th Street. Legal Description: On file with Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: River Bend Neighborhood Association. Relocation of a structure (Burns United Methodist Church) to the property, where the structure would be within 15 feet of the west front property line along 9 th Street and within 15 feet of the south front property line along University Avenue. The structure would contain 1,977 square feet of assembly use on the main level of the structure and 1,977 square feet of office use on the lower level of the structure. The property would provide at least four (4) off-street parking spaces. Exception of 10 feet less than the minimum 25-foot front yard setback s required along both 9 th Street and University Avenue frontages. Variance of 15 parking spaces less than the minimum required 19 off-street parking spaces (1 space per 150 square feet of assembly use and 1 space per 400 square feet of office use). Required by City Code Sections (3) & (a)(5 & 9) 5

6 Item 11 ZON JPS Rentals, LLC, 1123 Riverview Drive Exception Appellant: JPS Rentals, LLC, represented by John Schoolen, 6717 NE Berwick D rive, Ankeny, IA Premises Affected: 1123 Riverview Drive. Legal Description: Lot 14 of Block 1 of Oakland Heights Current Zoning: R1-60 One-Family Low-Density Residential. Applicable Neighborhood Association: Oak Park Neighborhood Association. Construction of a 26-foot by 32-foot (832 square feet) detached garage in the rear yard area. Exception of square feet over the calculated maximum allowed square feet of aggregate area for accessory structures. Required by City Code Section (c)(3) Item 12 ZON Utterson, 5884 McKinley Avenue Exception Appellant: Steven Utterson, 5884 McKinley Avenue, Des Moines, IA Premises Affected: 5884 McKinley Avenue. Legal Description: Lot 1 of Ranch Estates. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: Southwestern Hills Neighborhood Association. Construction of a 46-foot by 50-foot (2,300 square feet) accessory structure that would have a maximum height of 22 feet. The proposed 2,300 -square foot footprint is permitted since the lot exceeds 1 acre in area. Exception of 5 feet over the maximum allowed 17 feet of height for an accessory structure in the rear yard area. Required by City Code Section (6)(b) ******** END CONSENT PUBLIC HEARING ITEMS ******** 6

7 ******** END CONSENT PUBLIC HEARING ITEMS ******** Item 13 ZON K2D Investments, LLC, 1500 East Army Post Road Special Permit Appellant: K2D Investments, LLC, represented by Mike DeMoss, 1500 East Army Post Road, Des Moines, IA Premises Affected: 1500 East Army Post Road. Legal Description: On file with the Community Development Department Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: Easter Lake Area Neighborhood Association. Use of the premises for special events held from 6:00 PM to 9:00 PM on the 2 nd and 4 th Thursdays of each month during the months of May through September for a 5-year period ending September 30, The events would be held within the paved parking lot to the east of the building while parking for patrons would occur within the paved and grass areas to the north of the building. The events would involve the display of classic cars and bikes, with sales of food, beer, and other refreshments occurring from vendors located along the east side of the building. Any sale of beer must be in accordance with a te mporary beer permit approved by the City Council. Special permit for sales activities and signage in conjunction w ith seasonal and special events. Required by City Code Section (18) Item 14 ZON Welch, th Street Special Permit Appellant: Brenda W elch (dba Cooking to Heal the Soul, LLC), th Street, Des Moines, IA Premises Affected: th Street. Legal Description: Lot 1 of Heifner Place. Applicable Neighborhood Association: Merle Hay Neighborhood Association. Use of an area within the main level of the dwelling for a business that prepares meals and other food items, where clients would come to the premises to pick up their food orders. Special Permit for a Home Occupation. Required by City Code Section (10) 7

8 Item 15 ZON Fleur De Lis Motor, Inc., 6111 Fleur Drive Special Permit Appellant: Fleur De Lis Motor Inn, Inc. (represented by Larry Scott), 6111 Fleur Drive, Premises Affected: 6111 Fleur Drive. Legal Description: On file with Community Development Department. Current Zoning: C-2 General Retail and Highway Oriented Community District. Applicable Neighborhood Association: W atrous South Neighborhood Association. Use of the premises for up to two (2) tradeshows or conventions per calendar year for 2016, 2017, 2018, 2019, and The events would include outdoor sales and vending within the paved portions of the property. The Special Permit was previously granted on April 27, 2011 for a 5 -year period (ZON ). Special permit for sales activities and signage in conjunction with seasonal and special events. Required by City Code Section (18) Item 16 ZON KC Real Estate, LC, 420 Watson Powell, Jr. Way Variance Appellant: KC Real Estate, LC, represented by Aaron Parker, 5000 W estown Parkway, Suite 400, W est Des Moines, IA Premises Affected: LC, 420 W atson Powell, Jr. W ay. Legal Description: On file with Community Development Department. Current Zoning: C-3 Central Business District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Retention of a 2.65-foot by 5.73-foot (15.18 square feet) wall-mounted sign identifying an occupant on the 1 st floor of the building (W eitz) that is mounted on a portion of the building that is a common area of the building and not directly on a wall of the tenant. Variance of the requirement that any building-mounted sign be placed on an occupant frontage wall or other wall of the portion of the premise that the tenant occupies. Required by City Code Section (2) 8

9 Item 17 ZON ND 22 Fleming, LLC, th Avenue Conditional Use Permit Appellant: ND 22 Fleming, LLC, represented by Michael Nelson, th Avenue, Suite 200, Des Moines, IA The business is operated by Downtown Pantry, represented by Aileed Mahmood, 612 East Jackson Avenue, Des Moines, IA Premises Affected: th Avenue. Legal Description: East ½ of Lots 7 & 8 of Block 1 1 of Fort Des Moines. Current Zoning: C-3 Central Business District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Continued use of the property for a limited food/retail sales establishment that sells liquor, wine, and beer while expanding the allowed display area of alcoholic liquor and wine from a 12-foot long cabinet behind the counter to a 16 -foot long cabinet behind the counter, and while expanding the allowed display area of beer from a 4-foot wide cooler or display to an 8-foot wide cooler or display and a 6 - foot wide cooler or display. The business occupies approximately 1,600 square feet of space within the southern portion of the structure s ground level. Since the business is operating as a lim ited food/retail sales establishment (under 12,000 square feet in area), no more than 40% of revenue may be allowed to be derived from the sale of liquor, wine, beer, and tobacco products. Amend Conditional Use Permit for a business selling wi ne, liquor, and beer, as granted by the Zoning Board of Adjustment on November 20, 2013 (ZON ). Required by City Code Section

10 Item 18 ZON Swander Family, LLC, 6007 Southwest 9 th Street Appeal of Zoning Officer Determination or Exception or Variance Appellant: Swander Family, LLC, represented by Margaret Van Houten, 3113 Pleasant Street, W est 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: For Des Moines Neighborhood Association. Continued use of the property as a dance studio and retention of a freestanding pole sign. Since the Zoning Enforcement Officer has issued a determination that the subject property was vacant for a six (6) month period following June 19, 2015, the site would be required to be brought into conform ance with current C- 2 District standards prior to any reuse of the property and the freestanding pole sign is required to be removed. Part A) Appeal of the Zoning Enforcement Officer s determination that the subject property was vacant for a six (6) month period following June 19, and, therefore, has lost its legal non-conforming rights for having a freestanding pole sign. Required by City Code Section s , (d)(4), & (b)(6) If the Board upholds the Zoning Enforcemen t Officer s determinations in Part A, the Board may consider the following: Part B) Exception to the time period within which a use (dance studio) may be resumed after a temporary discontinuance of the us e. Required by City Code Section (f) If the Board denies the Exception in Part B, the Board may consider the following: Part C) Variance to allow a sign type (freestanding pole sign) not otherwise allowed. Required by City Code Section (p)(4)(a) 10

11 Item 19 ZON Merle Hay Mall, LP, 3830 Merle Hay Road Variances Appellant: Merle Hay Mall, LP, represented by Elizabeth Holland, 30 North LaSalle Street, #2120, Chicago, IL Premises Affected: 3830 Merle Hay Road (Starbucks). Legal Description: On file with the Community Development Department. Current Zoning: C-4 Shopping Center Commercial District. Applicable Neighborhood Association: Merle Hay Neighborhood Association. Installation of a 25-square foot identification sign on the east non -occupant frontage façade in addition to retention of a square foot identification sign on each of the north non-occupant frontage façade and south occupant frontage façade, and retention of a square foot identification sign on the west non - occupant frontage façade. The appeals would also allow installation of a 9 -foot wide by 4-foot tall freestanding menu board advertising sign with a foot wide by 1.42-foot tall masonry base, installation of an foot by 4.38-foot freestanding electronic display order confirmation/advertising sign with a foot wide by 1.38-foot tall masonry base, and installation of a foot by 4-foot freestanding pre-order menu board advertising sign with a foot wide by 1.92-foot tall masonry base. Exception of square feet over the maximum 124 square feet of signage area allowed for an occupant with 62 feet of occupant frontage. Variance of square feet over the maximum 62 square feet of signage area allowed on a non-occupant frontage wall allowed for an occupant with 62 feet of occupant frontage. Variance of two (2) identification/advertising signs over the maximum two (2) such signs allowed for an occupant with 62 feet of occupant frontage. Variance of two (2) freestanding signs over the maximum one (1) freestanding sign per building frontage. Variance of the definition of freestanding monument sign. Variance of the provision that any electr onic display sign shall be a monument sign. Required by City Code Sections (3)(a), (2&3), (definition of "sign, monument", (p)(1)&(4), & (b) 11

12 Item 20 ZON Jones, 712 & 718 Southeast Astor Street Use Variance & Variances This item was remanded by City Council on April 11, 2016 following the Board s approval of a Use Variance on March 23, 2016 to allow use of the property as a salvage yard. Appellant: Dale Jones, 1520 Maury Street, Des Moines, IA Premises Affected: 712 & 718 Southeast Astor Street. Legal Description: Lots 14, 15, 16, 17, 18, 19, & 20 of Block 5 of Hawthorne Grove. Current Zoning: M-1 Light Industrial District. Applicable Neighborhood Association: N/A. Use of an area measuring 100 feet by 280 feet (28,000 square feet or 0.64 acre) for a salvage yard use that would operate in common with an existing salvage yard use at 1520 Maury Street. This proposed salvage storage area would be within 0 feet of the north front property line along Shaw Street, within 0 feet of the east front property line adjoining Southeast Astor Street, within 0 feet of the south property line, and within 0 feet of the west property line adjoining a north/south alley right-of-way. The proposed storage area would be surrounded by an 8-foot tall solid fence. Use Variance of the permitted uses in a n M-1 Light Industrial District (salvage yard use). Variance of the minimum 25-foot front yard setback required for a salvage storage area. Variance of 5 feet over the maximum 3 feet of height allowed for a solid fence within a minimum required front yard setback. Required by City Code Sections , (1), & (i)(2)(a) 12

13 Item 21 ZON Wayne Russell, LLC, 2301 Southwest 9 th Street Amend Use Variance This item was remanded by City Council on April 11, 2016 following the Board s approval of an amendment to a Use Variance on March 23, 2016 that allows use of the property as a restaurant with an outdoor patio. Appellant: W ayne Russell, LLC, represented by Larry Barry, 901 Thomas Beck Road, Des Moines, IA The business is now operated by Rockstar Bistro, represented by Nick Iaria, 2301 Southwest 9 th Street, Des Moines, IA Premises Affected: 2301 Southwest 9 th Street. Legal Description: On file with Community Development Department. Current Zoning: C-0 Commercial-Residential District. Applicable Neighborhood Association: Indianola Hills Neighborhood Association. Continued use of the 2,532-square foot building for a restaurant use and construction of a patio to the west of the building that generally measures 7 feet by 53 feet (371 square feet). The appellant is requesting that the Board revise the condition of approval (#2) that requires the business to submit an audit prior to November 15, 2015 to the Zoning Enforcement Officer that demonstrates the percent of the gross receipts were derived from the sale of prepared food and food-related services during the six (6) month period beginning May 1, 2015 and ending October 31, The appellant is also requesting that the Board eliminate the condition of approval (#3) that prohibi ts an outdoor patio. Amend Use Variance granted by the Board on March 25, 2015 (ZON ) of the permitted uses in a "C -0" Commercial-Residential District, which conditionally allows a restaurant use on the premise, to modify the condition s of approval. Required by City Code Sections , , & (f)(2)(b)(1) **Approval of Minutes for the March 23, 2016 Zoning Board of Adjustment meeting. ***Election of Zoning Board of Adjustment Officers. 13