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, 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 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 it s 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 crit eria 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 in dividually 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 represent ative 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 decisio n. 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 th e 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 I tem 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, dul y 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 Muni cipal 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 Z oning Board of Adjustment s website at

2 ******* BEGIN CONSENT PUBLIC HEARING ITEMS ******* ****** ITEMS 1 THROUGH 5 ****** Each Item listed on this portion of the agenda will be reviewed in t urn 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 DM Metro Area Solid Waste, 4198 Delaware Avenue Conditional Use Permit Appellant: DM Metro Area Solid Waste (dba Metro Waste Authority), represented by Yuta Naganuma), 300 East Locust Street, Suite 100, Des Moines, IA Premises Affected: 4198 Delaware Avenue. Legal Description: On file with the Community Development Department. Current Zoning: M-2 Heavy Industrial District. Installation of a 1,000-gallon above ground diesel fuel tank, dispenser, fuel master fleet management system, and associated secondary containment and pollution prevention components. Conditional Use Permit for a use in an M -2 Heavy Industrial District that is not otherwise permitted in an M-1 Light Industrial District. Required by City Code Section (5) Item 2 ZON Squier, 1921 Center Street Exceptions & Variance Appellant: Ryan Squier, th Street, Des Moines IA, Premises Affected: 1921 Center Street. Legal Description: On file with the Community Development Department. Current Zoning: R-3 Multiple-Family Residential District. Applicable Neighborhood Association: Sherman Hill Neighborhood Association. Division of the existing parcel into two parcels, each measuring 43 feet wide by 100 feet deep (4,300 square feet). The southern parcel would contain an existing dwelling that is within 2 feet of the existing west side property line and within 20 feet of the proposed rear property line. The northern parcel would contain a future single-family dwelling that could be within 16 feet of the front property line along Leyner Street and within 20 feet of the proposed rear property line. Each lot would be permitted to have acce ssory structures with up to 576 square feet of aggregate area within the rear yard area. Exception of 1,700 square feet of lot area less than the minimum 6,000 square feet of lot area required for a single -family residential use. Exception of 17 feet of lot width less than the minimum 60 feet of lot width required for a single-family residential use. Exception of 3 feet less than the calculated minimum required 19 -foot front yard setback along Leyner Street. Variance of 3 feet less than the m inimum 5 feet of side yard setback required for a single-family residential use (south lot only). Exception of 15 feet less than the minimum 35 feet of rear yard setback required for a single-family residential use. Required by City Code Sections (1)(a), (3)(a), (e), (5)(a), & (6) 2

3 Item 3 ZON Wat Loa Buddhavath of Iowa Vicinity of 1804 East Park Avenue Special Permit & Exceptions Appellant: W at Loa Buddhavath of Iowa, represented by Oulam Inthazangsy, 1804 East Park Avenue, Des Moines, IA Premises Affected: Vicinity of 1804 East Park Avenue. Legal Description: On file with Community Development Department. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: Pioneer Park Neighborhood Association. Reconfiguration of four (4) existing parcels, as four (4) new parcels containing various existing and proposed structures: 1806 East Park Avenue: An approximate 3.2-acre parcel to contain the existing single-family dwelling and religious assembly use, as well as construction of a 70-foot by 128-foot (8,960 square feet) structure for assembly use, where the proposed structure would be setback at least 10 feet from the proposed south property line. The parcel contains approximately 38 off-street parking spaces East Park Avenue: A 134-foot wide by at least 100-foot deep (13,400 square feet) parcel containing an existing single -family dwelling that would be within 15 feet of the proposed (rear) property line East Park Avenue: A 100-foot wide by at least 100-foot deep (10,000 square feet) parcel containing an existing single -family dwelling that would be within 15 feet of the proposed (rear) property line East Park Avenue: An 80-foot wide by at least 100-foot deep (8,000 square feet) parcel containing an existing single -family dwelling that would be within 15 feet of the proposed (rear) property line. Special Permit f or an institution of religious character. Exception of 2,000 square feet of lot area less than the minimum 10,000 square feet of lot area required for a single -family residential use. Exception of 15 feet less than the minimum 30 -foot rear yard setback r equired for each single-family dwelling. Required by City Code Sections (4), (1)(a), & (5) Item 4 ZON Living Water Evangelical Free Church 1600 Mondamin Avenue Special Permit Appellant: Living Water Evangelical Free Church, represented by Wilondja E. Msiando, PO Box 31300, Des Moines, IA Premises Affected: 1600 Mondamin Avenue. Legal Description: Lot 58 of North Washington Place. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Mondamin-Presidential Neighborhood Association. Use of the existing structure for a church use with up to 2,765 square feet of space in the principal auditorium. The existing structure is within 15 feet of the north property line along Mondamin Avenue, within 11 feet of the east property line along 16 th Street, within 72 feet of the south property line, and within 15 feet of the west property line. The appellant intends to provide no off -street parking spaces initially, but in the future may construct an off -street parking lot to the south of the building with up to 11 off-street parking spaces, where ther e parking spaces would be within 30 feet of the e ast property line, within 10 feet of the south property line, and within 10 feet of the west property line. Special Permit for an institution of religious character. Required by City Code Sections (4), (1), (2), & (a)(4) 3

4 Item 5 ZON NJREC, Inc, Vicinity of 1301 Keosauqua Way Exceptions Appellant: NJREC, Inc., represented by Nick Jensen, 720 S 68 th Street, Suite 120, W est Des Moines, IA Premises Affected: Vicinity of 1301 Keosauqua W ay. Current Zoning: R-3 Multiple-Family Residential District. Development of the site with 30 townhome residential units, where struct ures would be setback at least 15 feet from the front property line along Keosauqua W ay and at least 18 feet from the rear (east) property line. Exception of 15 feet less than the minimum required 30-foot of front yard setback. Exception of 17 feet less than the minimum required 35-foot of rear yard setback. Required by City Code Sections (4) & (6) ******* END CONSENT PUBLIC HEARING ITEMS ******* Item 6 was continued from the July 25, 2018 Zoning Board of Adjustment meeting. Item 6 ZON Aluminum Distrib, Inc., 706 East 2 nd Street Appeal of Zoning Determination Appellant: Aluminum Distrib, Inc., represented by Jeff Graeve, 706 East 2 nd Street, Des Moines, IA Premises Affected: 706 East 2 nd Street. Legal Description: On file with Community Development Department. Current Zoning: D-R Downtown Riverfront District. Applicable Neighborhood Association: Historic East Village Neighborhood Association. Retention of outdoor storage of materials along the west side of the building. Appeal a Zoning Determination, issued May 11, 2018, that states the property is in violation of City Code Section since it has outdoor storage of pallets and other materials that are not allowed in the D-R Downtown Riverfront zoning district. Required by City Code Sections &

5 Item 7 ZON Gomez, 1305 University Av enue Conditional Use Permit Appellant: Mariana Gomez, 1305 University Avenue, Des Moines, IA The business is operated as Merhaba Supermarket, repres ented by Shewit Gebrengus, 1309 University Avenue, Des Moines, IA Premises Affected: 1305 University Avenue. (The business mailing address is 1309 University Avenue.) Legal Description: On file with the Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: King Irving Neighborhood Association. Sale of beer by an existing limited food and retail sales establishment (Merhaba Supermarket) operating within an 18-foot by 36-foot (648 square feet) tenant bay within the 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 beer and/or tobacco products. Conditional Use Permit for a limited food and retail sales establishment selling beer in a C-2 District. Required by City Code Section Item 8 ZON Camp 1 Capital, LLC, th Street Variances Appellant: Camp 1 Capital, LLC, represented by Michael Donlin, 2800 University Avenue, Su ite 134, W est Des Moines, IA Premises Affected: th Street. Legal Description: On file with the Community Development Department. Current Zoning: R-3 Multiple-Family Residential District. Applicable Neighborhood Association: Good Park Neighborhood Association. Retention of two (2) portable storage containers that are within 0 feet of the south (front) property line along Day Street Right -of-w ay. According to the applicant, the containers are used as artwork and not for storage purposes. Variance to the definition of "accessory structure", which prohibits portable storage containers from being used as an accessory structure. Variance of 30 feet less than the minimum required 3 0-foot front yard setback. Required by City Code Section s (definition of Accessory Structure), (e), & (4) 5

6 Item 9 ZON Feeney, 3525 Southeast 3 rd Street Variance Appellant: Stephen Feeney, 3525 Southeast 3 rd Street, Des Moines, IA Premises Affected: 3525 Southeast 3 rd Street. Current Zoning: R1-70 One-Family Low-Density Residential District. Construction of a 26-foot by 48-foot (1,248 square feet) accessory building and retention of a 24-foot by 26.5-foot (636 square feet) portion of an existing accessory building, resulting in a combined 1,884 square feet of aggregate area for accessory structures. Variance of 884 square feet over the maximum allowed 1,000 square feet of aggregate area for accessory structures. Required by City Code Section (c)(3) Item 10 ZON Walnut Street, LLC, 1303 Walnut Street Conditional Use Permit & Variance Appellant: 1303 W alnut Street, LLC, represented by John Sereg, 1303 W alnut Stre et, Des Moines, IA The business is operated as Grumpy Goat Tavern, represented by Steve McFadden, 7420 University Avenue, #5, Clive, IA Premises Affected: 1303 W alnut Street. Current Zoning: C-3A Central Business District Support Community District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. The Conditional Use Permit would allow use of the 3,965 -square foot building and 1,848-square foot patio as a tavern use with live, amplified music on its patio. Conditional Use Permit for a tavern selling wine, liquor, and/or beer. Variance of 25 off -street parking spaces less than the minimum required 25 off - street parking spaces (1 per 150 square feet for 3,696 square feet of tavern use). Required by City Code Sections & (a)(23) 6

7 Item 11 ZON BP River Plaza, LC, 2350 Euclid Avenue Variances & Exception Appellant: BP River Plaza, represented by Jack Sullivan, 5601 Hickman Road, Suite 3, Des Moines, IA Premises Affected: 2350 Euclid Avenue. Legal Description: On file with Community Development Department. Current Zoning: C-4 Shopping Center Commercial District. Applicable Neighborhood Association: Prospect Park Neighborhood Association. Construction of a freestanding sign measuring 12 feet wide by 8 feet tall (96 square feet), a top of a 2-foot concrete base, resulting in an overall height of 10 feet. The sign would be within 0 feet of the front property line along Euclid Avenue Right-of-W ay. Variance of the provision that requires any freestanding sign to b e a monument sign with a solid opaque base (constructed of brick, stone, concrete block or other durable material matching the exterior of the primary building) that is not less than the larger of 2 feet or 25 percent of the total sign height. Exception of 2 feet over the maximum 8 -foot height allowed for a freestanding sign that is less than 25 feet from a front property. Variance of the provision that requires any sign in a C -4 District that is within 20 feet of a front property line to be at least 12 feet above grade. Required by City Code Sections (p)(4), 134-3(definition of freestanding sign, monument ), & (4) Item 12 ZON Pina, 1944 East Grand Avenue Variance Appellant: Juan Pina, 1944 East Grand Avenue, Des Moines, IA Premises Affected: 1944 East Grand Avenue. Current Zoning: M-1 Light Industrial District. Applicable Neighborhood Association: Capitol East Neighborhood Association. Reconstruction of a building, generally measuring 32 feet by 120 feet, which was more than 60% destroyed by a fire, within 0 feet of the front property line along East Grand Avenue Right-of-W ay. Variance of 25 feet les s than the minimum required 25-foot front yard setback. Required by City Code Section (1) 7

8 Item 13 ZON McKinney, 5083 East 46 th Street Variances & Exceptions Appellant: Loretta (Lorrie) McKinney, 5083 East 46 th Street, Des Moines, IA Premises Affected: 5083 East 46 th Street. Current Zoning: A-1 Agricultural District. Construction of a 40-foot by 54-foot (2,160 square feet) addition to an existing accessory structure, where the addition would be within 25 feet of the west (front) property line and within 8 feet of the north (side) property line. The structure would have a maximum height of 21 feet, and a portion of it would have a 2 nd floor (mezzanine) level. Use of the 2-acre property for single-family residential is considered to be legal non -conforming since the property does not have the minimum 10 acres of lot area nor the minimum 600 feet of lot width, as required for such within an A-1 Agricultural District. Variance to allow expansion of a non -conforming use (single-family residential) in the A-1 Agricultural District. Exception of 47 feet less than the minimum required 55-foot side yard setback, where the addition would be no closer to the property line than the existing structure. Exception of 25 feet less than the minimum required 50 -foot front yard setback. Exception of to 4 feet over the maximum 17 feet of height a llowed for an accessory structure. Variance of 1 story over the maximum 1 story of height allowed for an accessory structure. Required by City Code Sections (1)(a), (2)(a), (3), (4), (6)(b), (7)(b), , & Item 14 ZON Southport Group, LLC, Vicinity of 1400 East Army Post Road Conditional Use Permit Appellant: Southport Group, LLC, represented by Shane Isley, 950 Office Park Road, #300, West Des Moines, IA The business would be operated by Parivaar, represented by Sita Adhikari, 2198 East Virginia Avenue, Des Moines, IA Premises Affected: Vicinity of 1400 East Army Post R oad. 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 a 3,150-square foot area within an existing building for a limited food and retail sales selling alcoholic liquor, wine, and beer. As a limited food and retail sales establishment, the business would be allowed to derive no more than 40% of its gross sales from alcoholic liquor, wine, beer, and/or tobacco products. Conditional Use Permit for a limited food and retail sales establishment selling alcoholic liquor, wine, and beer in a C-2 District. Required by City Code Section

9 Item 15 ZON AKA Holdings, LLC, 338 Southwest 6 th Street Conditional Use Permit Appellant: AKA Holdings, LLC, represented by Kerry Poznanski, N62 W Old Barn Road, Hartland, W I Premises Affected: 338 Southwest 6 th Street. Current Zoning: C3-R Central Business District Mixed -Residential District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. The Conditional Use Permit would allow for the sale of alcoholic liquor, wine, and beer throughout the entire 2-story building. The building contains a mix of existing and future recreational and tavern uses. Conditional Use Permit for a business selling alcoholic liquor, wine, and beer. Required by City Code Section Item 16 ZON HRC 8 th Street II, LLC, Vicinity of th Street Variance Appellant: HRC 8 th Street II, LLC, represented by Matt W eller, 6900 W estown Parkway, W est 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. Construction of a 6.58-foot wide by 3.5-foot tall (23.04 square feet) sign atop a 2-foot tall concrete base, where the sign would be within 6 feet of the front property line along 9 th Street and within 2 feet of the front property line along Crocker Street. Variances of up to 18 feet less than the minimum 20-foot setback required for any freestanding sign. Required by City Code Section (2) Item 17 ZON Williams, 1508 East Madison Avenue Variance Appellant: Amy W illiams, 1508 East Madison Avenue, Des Moines, IA Premises Affected: 1508 East Madison Avenue. Legal Description: Lot 12 of McDonald s Court. Current Zoning: M-1 Light Industrial District. Applicable Neighborhood Association: Highland Park Neighborhood Association. Construction of a 12-foot by 16-foot (192 square feet) addition to the rear (north) side of an existing single-family dwelling. The existing single-family dwelling is considered to be legal non-conforming since a residential use is not permitted in an M-1 Light Industrial District. Variance to allow expansion of a non -conforming use (single-family residential) in the M-1 Light Industrial District. Required by City Code Sections ) &

10 Item 18 ZON Randolph Apartments Limited Partnership th Street Conditional Use Permit Appellant: Randolph Apartments Limited Partnership, represented by Darrin Dufresne, 233 Park Avenue South, Suite 201, Min neapolis, MN Premises Affected: th Street. Current Zoning: C3-R Central Business District Mixed -Residential District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. The Conditional Use Permit would allow the sale and service of alcoholic liquor, wine, and/or beer within three (3) tenant bays on the ground level of the building, including a 1,286-square foot area occupied by a hair, make-up, and nail salon use (Bliss Nails), a 1,372-square foot area occupied by a restaurant/tavern (Pho Real), and a 315-square foot area occupied by a restaurant/tavern (Scotty s Pizza). Conditional Use Permit for businesses selling alcoholic liquor, wine, and/or beer. Required by City Code Section Item 19 ZON Hemping, 4857 East 46 th Street Variances & Exception Appellant: Michelle Hemping, th Street SW, Bondurant, IA Premises Affected: 4857 East 46 th Street. Current Zoning: A-1 Agricultural District. Division of the existing 38-acre parcel into three (3) parcels, including a 28-acre parcel with 575 feet of frontage along East 46 th Street to contain existing single - family residential and agricultural uses ; a 7.56-acre parcel with 260 feet of frontage along East 46 th Street to contain an existing agricultural use; and a 2.44-acre parcel with 480 feet of frontage along East 46 th Street to be developed for a single-family residential use. Variance of 7.56 acres less than the minimum 10 acres of area required for a single-family residential use in an A -1 District. Exceptions of up to 120 feet less than the minimum 600 feet of lot width required for a single-family residential use in an A -1 District. Variance of 35 feet less than the minimum required 5 5-foot side yard setback. Required by City Code Sections (1)(a), (2)(a), & (4) 10

11 Item 20 ZON Carter, 5818 Windsor Drive Exceptions Appellant: Megan Carter, 5818 W indsor Drive, Des Moines, IA Premises Affected: 5818 W indsor Drive. Legal Description: Lot 5 of Oak View Replat. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: W aveland W oods Neighborhood Association. Construction of a 20-foot wide by 24-foot deep (480 square feet) addition to the front of the existing dwelling, where the addition would be within 22 feet of the front property line and within 2 feet of the west (side) property line. Exception of 13 feet less than the calculated minimum required 35 -foot front yard setback. Exception of 5 feet less than the minimum required 7-foot side yard setback, where the addition would be no closer to the property line than the existing structure. Required by City Code Sections (e) & (b)(2) Item 21 ZON Roney, 1626 East Park Avenue Special Permit & Variances Appellant: Sheldon Roney, 1626 East Park Avenue, Des Moines, IA Premises Affected: 1626 East Park Avenue. Legal Description: On file with Community Development Department. Current Zoning: R1-70 One-Family Low-Density Residential District. Applicable Neighborhood Association: Pioneer Park Neighborhood Association. Use of the entire 32-foot by 48-foot (1,536 square feet) accessory structure for a general motor vehicle repair business and installation of a portable 4-square foot free-standing sign within the front yard area. Special Permit for a Home Occupation. Variance of the provision that limits a Home Occupation to a 1 -square foot sign, attached to the residence. Variance of the provision that limits a Home Occupation to not more than one - half of the area of an accessory structure. Required by City Code Section s (10), (10)(c), & (10)(g) **Approval of Minutes for the July 25, 2018 Zoning Board of Adjustment meeting. 11