CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT AGENDA FOR THE MEETING SCHEDULED FOR JULY 26, 2017 MEETING TO BEGIN AT 1:00 PM IN THE TEMPORARY COUNCIL CHAMBER WITHIN THE MUNICIPAL SERVICE CENTER AT 1551 EAST MARTIN LUTHER KING, JR. PARKWAY, DES MOINES, IA 50317. (Due to ongoing City Hall renovations) 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 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, demon strate 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 demonstrat e 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 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 Hearin g 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/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 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 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 possi ble at 515-283-4209, 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) 283-8136. 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 51 5-283-4257 or visit the Zoning Board of Adjustment s website at http://www.dmgov.org/government/boards/zoningboardofadjustment.
******* BEGIN CONSENT PUBLIC HEARING ITEMS ******* ****** ITEMS 1 THROUGH 5 ****** Each Item listed on this portion of the agen da 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 2017-00105 Ellis, Vicinity of 4117 McKinley Avenue Exceptions Appellant: James & Robert Ellis, 1008 W atrous Avenue, Des Moines, IA 50315. Premises Affected: Vicinity of 4117 McKinley Avenue. Legal Description: On file with the Community Development Department. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: Southwestern Hills Neighborhood Association. Construction of a single-family dwelling (up to three stories in height) on each of four (4) lots, where the single-family dwellings could be constructed within 30 feet of the front property lines along McKinley Avenue and where the dwellings could be within 7 feet of any side prope rty line, within a minimum of 14 feet of total side yard setbacks. The four (4) lots are being created in accord ance with Docket ZON2016-00142 granted by the Zoning Board of Adjustment on August 24, 2016. Exception of 10 feet less than the calculated minimum 4 0 feet of front yard setback required for a single-family dwelling. Exception of 3 feet less th an the minimum 10 feet of side yard setback required on one side for a single-family dwelling. Exception of 6 feet less than the minimum 20 feet of total side yard setbacks required for a single-family dwelling. Required by City Code Sections 134-1276(e) and 134-344(4)(c) Item 2 ZON 2017-00106 Ulrich, 2721 Sheridan Avenue Exceptions Appellant: Cory Ulrich, 2721 Sheridan Avenue, Des Moines, IA 50310. Premises Affected: 2721 Sheridan Avenue. Legal Description: Lot 19 of Payne Elms. Applicable Neighborhood Association: Prospect Park Neighborhood Association. Construction of a 30-foot by 30-foot (900 square feet) accessory structure that would have a maximum height of 22 feet. Exception of 260 square feet over the maximum allowed 640 square feet of aggregate area for accessory structures [calculated as 20% of the 80-foot by 40- foot (3,200 square feet) rear yard area]. Exception of 5 feet over the maximum 17 feet of height allowed for an accessory structure. Required by City Code Section s 134-1276(c)(3) & 134-414(6)(b) 2
Item 3 ZON2017-00112 Union Park United Methodist Church, 2305 East 12 th Street Special Permit Appellant: Union Park United Methodist Church, represented by Larry Bailey, 2305 East 12 th Street, Des Moines, IA 50309. Premises Affected: 2305 East 12 th Street. Applicable Neighborhood Association: Union Park Neighborhood Association. Installation of a 4.75-foot by 6.75-foot (32.06 square feet) sign atop a 2 -foot tall masonry base. This sign would include a 2.58-foot by 6.75-foot (17.44 square feet) electronic display sign component (type D sign), which is not otherwise permitted in an R1-60 One-Family Low-Density Residential District. The proposed sign would be within 1 foot of the south front property line along Guthrie Avenue and would replace the existing freestanding sign. Special Permit for an institution of religious character. Required by City Code Section 134-1326(4) Item 4 ZON 2017-00113 Godron, 3919 East 29 th Street Exception Appellant: Matthew Godron, 3919 East 29 th Street, Des Moines, IA 50317. Premises Affected: 3919 East 29th Street. Legal Description: South ½ of Lot 15 of Douglas Acres. Current Zoning: R1-70 One-family Low-Density Residential District. Applicable Neighborhood Association: Douglas Acres Neighborhood Association. Construction of an addition generally measuring 36 feet by 24 feet (864 square feet) to the west (front) façade of the dwelling, where the addition would replace a portion of the existing dwelling that would be removed. The proposed addition would be within 1 foot of the side (north) property line, which is no closer to the side property line than the existing dwelling. Exception of 6 feet less than the minimum required 7-foot side yard setback, for a building addition that would be no closer to the side property line than the existing dwelling. Required by City Code Sections 134-414(4)(a) & 134-64(4)(a)(1)(b) 3
Item 5 ZON 2017-00115 Community Support Advocates, Vicinity of 6000 Aurora Ave Special Permit Appellant: Community Support Advocates, represented by Christina Smith, 6000 Aurora Avenue, Suite B, Des Moines IA 50322. The property is owned/leased by 6000 Aurora, LLC, represented by Tom Knapp, 3737 W oodland Avenue, Suite 100, W est Des Moines, IA 50266. Premises Affected: Vicinity of 6000 Aurora Avenue. Legal Description: On file with the Community Development Department. Current Zoning: M-2 Heavy Industrial District. Applicable Neighborhood Association: Merle Hay Neighborhood Association. Use of the parking lot to the south of the building known as 6000 Aurora Avenue for a special event held outdoors on Saturday, August 26, 2017. The event would be hosted by Community Support Advocate s, which has an office within 6000 Aurora Avenue. The event would include activities, such as mobile food vendors, inflatables, games, and face painti ng. Two (2) banner signs each measuring 3 feet by 5 feet (15 square feet each) would be displayed within landscape islands within the off -street parking lot during the seven (7) days preceding the event and during the event. Special Permit for sales activities and signage in conjunction with seasonal and special events. Required by City Code Section 134-1326(18) ******** END CONSENT PUBLIC HEARING ITEMS ******** Item 6 ZON 2017-00103 Buckingham Assets, LLC, 1077 27 th Street Variance or Exception Appellant: Buckingham Assets, LL, represented by Iris Fung, PO Box 371, Ames, IA 50010. Premises Affected: 1077 27 th Street. Legal Description: Lot 260 of University Land Cos, First Addition. Applicable Neighborhood Association: Drake Neighborhood Association. Addition of recycling (refuse) collection containers and dumpsters without providing opaque screening material so that they are not visible from the Residential property to the east. Part A) Variance to waive required screening of refuse collection containers and dumpsters from Residential zoning districts. If the appeal in Part A is denied, the Board shall consider Part B, which would allow the elimination of one (1) of five (5) existing off -street parking spaces in order to accommodate the required enclosure structure : Part B) Exception of 4 off-street parking spaces less than the minimum 8 offstreet parking spaces required for a multiple -family residential use with 5 dwelling units (1.5 parking spaces per dwelling unit). Required by City Code Sections 134-1276(t)(3) & 134-1377(a)(8)(d) 4
Item 7 ZON 2017-00107 Coppola, Vicinity of 102 3 rd Street Variances Appellant: Coppola Partners, represented by Joseph Coppola, 300 W alnut Street, Suite 240, Des Moines, IA 50309. The restaurant is operated as Tipsy Crow Tavern, represented by Steven McFadden, 102 3 rd Street, Des Moines, IA 50309. Premises Affected: Vicinity of 102 3 rd Street. Legal Description: On file with Community Development Department. Current Zoning: C-3R Central Business District Mixed R esidential District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Installation of a 2.58-foot by 17.33-foot (44.71 square feet) sign. The sign would be installed on a freestanding beam structure located in b etween the front façade of the structure and the front property line, with a maximum height of 17.33 feet. Variance of the provision that requires any freestanding sign in the C -3R District to be a monumental or sandwich board sign. Variance to the definition of sign, freestanding monument, which requires a sign base that extends from grade to the bottom of the sign face across the entire width of the sign face. Variance of 9.33 feet over the maximum 8 feet of height allowed for a freestanding sign that is located less than 25 feet from the front property line. Required by City Code Section s, 134-3(definition of sign, freestanding monument), 134-997(b) & 134-1276(p)(4) Item 8 ZON 2017-00111 Karaidos, 5714 Hickman Road Amend Conditional Use Permit Appellant: Karen Karaidos, 8114 Sunrise Boulevard, Clive, IA 50325. The business is operated by Shiba Brothers, LLC, (dba Tobacco Hut), represented by Shishir Khadka, 571 4 Hickman Road, Des Moines, IA 50310. Premises Affected: 5714 Hickman Road. Current Zoning: C-1 Neighborhood Retail Commercial District. Applicable Neighborhood Association: Merle Hay Neighborhood Association. On January 25, 2017, the Zoning Bo ard of Adjustment conditionally granted a Conditional Use Permit (ZON2016-00214) to allow the sale of wine and beer by a tobacco store operating within the existing 1,290 -square foot building and a 270- square foot addition to the rear of the building. The tobacco store is now seeking to increase the size of the proposed building addition from 270 square feet to 414 square feet. As a tobacco store, no more than 25% of the gross receipts from sales can be derived from the sale of wine and beer. Amend Conditional Use Permit for a tobacco store selling wine and beer. Required by City Code Section 134-954 5
Item 9 ZON 2017-00114 Nunez, 1228 15 th Street Exception & Variance Appellant: Rigoberto Nunez, 1228 15 th Street, Des Moines, IA 50312. Premises Affected: 1228 15 th Street. Applicable Neighborhood Association: King Irving Neighborhood Association. Construction of a 38-foot by 23-foot deck structure attached to the rear of the single-family dwelling, where the deck surrounds an above -ground swimming pool and is within 15 feet of the rear (west) property line ; and retention of 1,392 square feet of paving within the front yard area, which is in excess of the otherwise allowed 875 square feet of paved area in the front yard area. Exception of 13 feet less than the calculated minimum required 28 -foot rear yard setback (20% of the 140-foot depth of the lot). Variance of 517 square feet of paving over the maximum 875 square feet of paving allowed within the front yard area [calculated as 25% of the 125-foot by 28-foot (3,500 square feet) front yard area]. Required by City Code Sections 134-1296(b)(3) & 134-1377(m)(3) Item 10 ZON 2017-00116 DesMoinesArts, Inc, 900 Keosauqua Way Variance Appellant: DesMoinesArts, Inc., represented by Siobhan Spain, 900 Keosauqua W ay, Des Moines, IA 50309. Premises Affected: 900 Keosauqua W ay. Current Zoning: C-3 Central Business District. Applicable Neighborhood Association: Downtown Des Moines Neighborhood Association. Installation of an 8.63-foot by 6.17-foot (53.25 square feet) atop an existing 1 - foot tall concrete sign base. Variance to the definition of sign, freestanding monument, which requires any freestanding sign to have a sign base that not be less than the lar ger of 2 feet or 25% of the total sign height. Required by City Code Sections 134-3(definition of sign, freestanding monument) & 134-1276(p)(4)(b)(2) 6
Item 11 ZON 2017-00117 Jewish Federation of Greater Des Moines 1120 31 st Street Special Permit Appellant: Jewish Federation of Greater Des Moines, dba Hillel House, represented by Michael W olnerman, 33158 Ute Avenue, W aukee, IA 50263. Premises Affected: 1120 31 st Street. Legal Description: Lot 24 of Lyons Park Plat No. 2. Applicable Neighborhood Association: Drake Neighborhood Association. Conversion of the existing 1,935 -square foot structure from a single -family dwelling to use as a student organization. The proposed use would include meeting space, study space, laundry space, and other uses by students. The use would have a wall-mounted sign measuring 3 feet by 3 feet (9 square feet) on the front (east) façade of the structure. The previous Special Permit (ZON2014-00172) granted by the Zoning Board of Adjustment on October 22, 2014 to allow this same use has expired since the appellant did not obtain the necessary building permits within two (2) of the approval. Special Permit for an institution of an educational, religious, philanthropic or eleemosynary character. Required by City Code Section 134-1326(4) **Approval of Minutes for the June 28, 2017 Zoning Board of Adjustment meeting. 7