CITY OF DES MOINES ZONING BOARD OF ADJUSTMENT AGENDA FOR THE MEETING SCHEDULED FOR JULY 24, 2013 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 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 Channel 7. The Board members receive copies of the agenda and staff recommendations before the meeting. Copies of the agenda and staff recommendations are available to the g eneral 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 determi ned 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 thos e 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 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 agenda and s eparately 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 th e 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 appella nt 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 allo wed 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 s taff 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 ple ased 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 515-283-4257, should special accommoda tions be required. Assistive Listening Devices are available for meetings in the Council Chambers. If you have questions, please contact City staff at 515-283-4257 or visit the Zoning Board of Adjustment s website at http://www.dmgov.org/government/boards /ZoningBoardofAdjustment.
******* BEGIN CONSENT PORTION OF THE AGENDA ******* ****** ITEMS 1 THROUGH 4 ****** 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 2013-00089 FRAKES, 2420 40 TH STREET EXCEPTION Appellant: Randall Frakes, 2420 40 th Street, Des Moines, IA 50310. Premises Affected: 2420 40 th Street. Legal Description: Lot 24 of Block 2 of Broadmoor. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Beaverdale Neighborhood Association. Construction of a 14-foot by 24-foot (336 square feet) addition to the east side of the existing 16-foot by 24-foot (384 square feet) detached garage, for a combined 720 square feet of aggregate area. Exception of 144 square feet over the maximum allowed 576 square feet of aggregate area for accessory structures. Required by City Code Section 134-1276(c)(3) ITEM 2 ZON 2013-00095 DERRY, 2810 SHERIDAN AVENUE EXCEPTION Appellant: Pat Derry, 2810 Sheridan Avenue, Des Moines, IA 50310. Premises Affected: 2810 Sheridan Avenue. Legal Description: Lot 10 of Westlynn Plat 2. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Prospect Park Neighborhood Association. Construction of a 30-foot by 50-foot (1,500 square feet) detached gar age within the rear yard area. The existing 20 -foot by 20-foot (400 square feet) detached garaged would be removed. Exception of 500 square feet over the maximum allowed 1,000 square feet of aggregate area for accessory structures. Required by City Code Section 134-1276(c)(3) 2
ITEM 3 ZON 2013-00099 THRASHER, 3943 LOWER BEAVER ROAD VARIANCE & EXCEPTION Appellant: Martha Thrasher, 3943 Lower Beaver Road, Des Moines, IA 50310. Premises Affected: 3943 Lower Beaver Road. Legal Description: Lots 3 & 4 of Block A of Lawnwoods. Current Zoning: R1-60 One-Family Low-Density Residential District. Applicable Neighborhood Association: Lower Beaver Neighborhood Association. Retention of a 5.1-foot by 5.2-foot (26.52 square feet) landing and a 4-foot wide stairway that are within 1.1 feet of the south side property line. The dwelling has an existing 8-foot north side yard setback for a combined 9.1 fee t of side yard setbacks. Variance of 4.1 feet less than the calculated minimum required 5.2-foot south side yard setback (10% of 52-foot lot width). Exception of 5.9 feet less than the minimum required 15 feet of total side yard setback. Required by City Code Section 134-414(4)(a) and 134-1296(b)(2) ITEM 4 ZON 2013-00103 WAKONDA CLUB, 3915 FLEUR AVENUE SPECIAL PERMIT Appellant: W akonda Club, represented by David P Schneider, 3915 Fleur Drive, Des Moines, IA 50321. Premises Affected: 3915 Fleur Drive. Legal Description: On file with Community Development Department. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: Grays Lake Neighborhood Association. Construction of a 42-foot by 36-foot (1,512 square feet) building that would be used for golf course concessions and restrooms. The building would be located within 30 feet of the north front property line along Park Avenue and would replace the existing concessions building in this general location. Special Permit for private golf cours e, country clubs, and tennis or swimming clubs. Required by City Code Section 134-1326(7) ********** END CONSENT PORTION OF THE AGENDA ********** 3
********** END CONSENT PORTION OF THE AGENDA ********** Item 5 was continued from the June 26, 2013 Zoning Board of Adjustment meeting. ITEM 5 ZON 2013-00067 LEHS, VICINITY OF 2425 EUCLID AVENUE USE VARIANCE, SPECIAL PERMIT, & VARIANCE Appellant: Kent Lehs, 4026 Beaver Avenue, Des Moines, IA 50310. Premises Affected: Vicinity of 2425 Euclid Avenue. Legal Description: On file with the Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: Lower Beaver Neighborhood Association. Use of the 2.04-acre property for a variety of industrial uses, uses, including warehousing; contractor storage yard; car, tr uck, trailer, and boat storage. This would be in addition to other commercial uses as permitted in the C -2 General Retail and Highway-Oriented Commercial District. The appeals would also allow for barbed wire fence and outdoor storage of vehicles and materials on an unpaved surface. Use Variance to allow uses not permitted in the "C -2" General Retail and Highway-Oriented Commercial District. Special Permit to allow the use of barbed wire fence material. Variance of the provision requiring outdoor storage and parking to be on a permanent paved surface. Required by City Code Section 134-947, 134-1296(i)(1)(f), 134-1326(19), & 134-1377(f)(5) Item 6 was continued from the June 26, 2013 Zoning Board of Adjustment meeting. ITEM 6 ZON 2013-00076 FIRST PRESBYTERIAN CHURCH OF DM, 3100 EASTON BOULEVARD CONDITIONAL USE PERMIT & EXCEPTION Appellant: First Presbyterian Church of DM, represented by Connie Best, 3100 Easton Boulevard, Des Moines, IA 50317. The communications tower would be installed by Verizon W ireless, represented by Curt W alter, 2897 Lake Vista Drive NW, Rochester, MN 55901. Premises Affected: 3100 Easton Boulevard. Legal Description: Lot 8 of Stockholm Addition. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: NA. Installation of a 120-foot tall communications tower and a 12 -foot by 30-foot brick equipment shelter within a 40 foot by 60 foot leas e area. The monopole communications tower would be located to the southwest of the church structure and within 121 feet of the west property line. The tower would have a decorative cross-shaped design. The subject property contains 3.12 acres. Conditional Use Permit for a communications tower and antennas. Exception of 6.88 acres less than the minimum 10 acres of lot area required for a communication tower. Required by City Code Sections 134-347 & 134-347(1) 4
Item 7 was continued from the June 26, 2013 Zoning Board of Adjustment meeting. ITEM 7 ZON 2013-00079 LYMAN ENTERPRISES, LC, 2 HARTFORD AVENUE CONDITIONAL USE PERMIT, EXCEPTION, & VARIANCE Appellant: Lyman Enterprises, LC, represented by Anthony Lyman, 2 Hartford Avenue, Des Moines, IA 50315. The communications tower would be installed by AT&T Mobility, represented by Steven W ard, 15 Park Place, Swansea, IL 62226. Premises Affected: 2 Hartford Avenue. Legal Description: On file with the Community Development Department. Current Zoning: C-1 Neighborhood Retail Commercial District. Applicable Neighborhood Association: Indianola Hills Neighborhood Associations. Installation of a 140-foot tall monopole comm unications tower (with space for three additional antenna arrays) and a 12 -foot by 20-foot equipment shelter within a 50-foot by 50-foot lease area surrounded by an 8-foot tall solid (opaque) fence. The tower would be located 53 feet from the west property line adjoining a residentially zoned property and 35 feet from the north front property line along Hillside Avenue. The subject property contains 1.29 acres. Conditional Use Permit for a communications tower and antennas. Exception of 8.71 acres less than the minimum 10 acres of lot area required for a communication tower. Variance of the provision that requires a communications tower to be set back from any adjoining residentially zoned property a distance equal to the height of the tower. Variance of 5 feet over the maximum permitted 3 feet of height for an opaque fence within the front yard setback area along Hillside Avenue. Required by City Code Sections 134-347, 134-347(1&2) & 134-1296(i)(2)(a) Item 8 was continued from the June 26, 2013 Zoning Board of Adjustment meeting. ITEM 8 ZON 2013-00083 HOTT & CHLADEK, VICINITY OF 1300 KEOSAUQUA WAY THIS ITEM HAS BEEN WITHDRAWN BY THE APPELLANT. Appellant: Noel Chladek, 1300 Keosauqua W ay, Des Moines, IA, 50309 & David Hott, 6393 Northwest 52 nd Court, Johnston, IA 50131. The gas station/convenience store would be operated by Kum & Go, LC, represented by Nick Halfhill, 6400 W estown Parkway, W est Des Moines, IA 50266. Premises Affected: Vicinity of 1300 Keosauqua W ay. Legal Description: On file with Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Allow a proposed 4,992-square foot gas station convenience store to sell wine and beer. No more than 40% of revenue would be permitted to be derived from the sale of wine, beer, and tobacco products. The subject property is within 66 feet of properties (926 & 1236 Oakridge Drive) that contain licensed child care facilities. Variance of the provision that re quires any gas station/convenience selling wine and/or beer to have 150 feet of separation from any church, school, public park, or licensed child care facility. Required by City Code Section 134-954(a) 5
ITEM 9 ZON 2013-00097 JS BAKER PROPERTIES, LLC, 2800 EAST UNIVERSITY AVENUE CONDITIONAL USE PERMIT & VARIANCE Appellant: JS Baker Properties, LLC, represented by Jeffrey S Baker, 2800 East University Avenue, Des Moines, IA 50317. The business is operated by Smokin Joe s Tobacco & Liquor, represented by Joseph DePaepe, 1916 N Sturdevant Street, Davenport, IA 52804 Premises Affected: 2800 East University Avenue. Legal Description: On file with Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: ACCENT Neighborhood Association. Conversion of an existing 41-foot by 71-foot (2,911 square feet) limited food sales establishment (Smokin Joe s Tobacco & Liquor ) from the existing legal non-conforming use allowing no more than 50% of revenue derived from the sale of alcoholic liquors, wine, beer, and tobacco products, to a liquor store where more than 40% of revenue may be derived from the sale of alcoholic liquors, wine, beer, and tobacco produc ts. The subject property is within 614 feet of an existing gas station/convenience store (QuikTrip) selling alcoholic liquor at 2945 East University Avenue and within 90 feet of an existing liquor store (Last Stop Beverage Shop) at 2839 East University Ave nue. Should the Board deny the requested Conditional Use Permit for a Liquor Store, it is requested that the Board consider a Conditional Use Permit for a Limited Food/Retail Sales Establishment, which is necessary to allow the business to continue selling alcoholic liquor, wine, or beer after December 31, 2013, where less than 40% of gross receipts may be derived from such use. Part A) Conditional Use Permit for a Liquor Store, where more than 40% of gross receipts from sales on the premises may be derived from the sale of alcoholic liquors, wine, beer, and tobacco products. Variance of the provision that requires any new liquor store have a ¼ -mile of separation from any other limited food sales establishment, limited retail sales establishment, gas station/convenience store and liquor store engaged in the sale of alcoholic liquor. Part B) If the Board denies the appeals in Part A), it is requested that the Board consider the following: Conditional Use Permit for a Limited Food /Retail Sales Establishment, where less than 40% of gross receipts from sales on the premises may be derived from the sale of alcoholic liquors, wine, beer, and tobacco products. Required by City Code Sections 134-954 & 134-954(a) 6
ITEM 10 ZON 2013-00098 WAYNE RUSSELL, LLC, 2335 HICKMAN ROAD AMEND CONDITIONAL USE PERMIT Appellant: W ayne Russell, LLC, represented by Larry Barry, 901 Thomas Beck Road, Des Moines, IA 50315 and Advantage Car W ash Systems, Inc., represented by Craig Havens, PO Box 457, Polk City, IA 50226. The tavern is operated by W W Entertainment, Inc., represented by Julie W hile, 801 55 th Street, W est Des Moines, IA 50266. Premises Affected: 2335 Hickman Road. Legal Description: South 140 feet of the west 100 feet of Lot 25 Murray Hi ll. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: Martin Hickman Neighborhood Association. Expansion of an existing tavern to include a 20 -foot by 60-foot (1,200 square feet) outdoor service area on a new patio to be located to the north (rear) of the building. The patio would include a 14 -foot by 24-foot (336 square feet) pergola shade structure. Amend Conditional Use Permit for a business selling wine, liquor, and /or beer. Required by City Code Section 134-954 ITEM 11 ZON 2013-00100 GLAD TIDINGS ASSEMBLY OF GOD, VICINITY OF 2145 EAST ARMY POST ROAD SPECIAL PERMIT & EXCEPTION Appellant: Glad Tidings Assembly of God, represented by Rev. W illiam W enig, 314 East Army Post Road, Des Moines, IA 50315. Premises Affected: Vicinity of 2145 East Army Post Road. Legal Description: Lots 5 & 6 of Mc Griff Acres. Current Zoning: R1-80 One-Family Residential District. Applicable Neighborhood Association: Easter Lake Area Neighborhood Association. Construction of a church structure that would include an ornamental spire (steeple) with a maximum height of 50 feet. The balance of the building would comply with the maximum allowed 35 -foot height limitation. The appeals would also allow construction of an off -street parking lot that is with in 15 feet of the north front property line along East Army Post Road and within 15 feet of the east property line. Special Permit for an ornamental towe r or spire of a height in excess of that otherwise allowed in the district in which it is located. Exception of 15 feet less than the minimum 30 -foot front yard setback required for a parking lot. Required by City Code Section s 134-1326(16) & 134-1377(f)(2)(a)(8) 7
ITEM 12 ZON 2013-00101 RHB ENTERPRISES, LLC, 3764 HUBBELL AVENUE CONDITIONAL USE & SPECIAL PERMIT THIS ITEM HAS BEEN WITHDRAWN BY THE APPELLANT. Appellant: RHB Enterprises, LLC, represented by Robert H. Bassman, 13028 Pineview Driv e, Clive, IA 50325. The communications tower would be installed by SSC, Inc, represented by Justin Anderson, 9900 W est 109 th Street, Suite 300, Overland Park, KS 66210. Premises Affected: 3764 Hubbell Avenue. Legal Description: On file with Community Development Department. Current Zoning: C-2 General Retail and Highway-Oriented Commercial District. Applicable Neighborhood Association: NA. Replacement of the existing 40 -foot tall communications tower and antenna with a 180-foot tall monopole communications tower and antennas within a 30 -foot by 30-foot lease area. The tower would be designed to provide for additional carrier co-locations. The lease area would be surrounded by a fence topped with barbed wire. Conditional Use Permit for communication tower and antennas. Special Permit for use of barbed -wire for security purposes. Required by City Code Section 134-955 and 134-1326(19) ITEM 13 ZON 2013-00108 CAPSTONE VENTURES, LLC, 315 SW 14 th STREET APPEAL OF ZONING ENFORCEMENT OFFICER S DECISION Appellant: Capstone Ventures, LLC, represented by Douglas A. Siedenburg, 1350 NW 138 th St, Clive, IA 50325. Premises Affected: 315 SW 14 th Street. Legal Description: Lot 3 of Central Des Moines Industrial Park. Current Zoning: C-3B Central Business Mixed Use District. Applicable Neighborhood Association: NA. Allow use of the property for an automobile (recreational vehicle) establishment for display, hire, rental, and sales and for a storage lot for recreational vehicles. This would include expansion of the existing building to accommodate offices and a detailing bay. The use would commence following rezoning to "C-3B" on May 23, 2005. The Zoning Enforcement Officer has determined that the use of the property for sales and /or storage of recreational vehicles for transfer is not permitted. The appellant asserts that the property carries legal non-conforming rights to use the property for those uses permitted in "M-2". Appeal of the administrative decision of the Zoning Enforcement Officer. Required by City Code Section 134-63(a), 134-947(c)(3), 134-1006(1), 134-1122, and 134-1353. **Approval of Minutes for the June 26, 2013 Zoning Board of Adjustment meeting. 8