The Des Moines Zoning Board of Adjustment voted to deny an appeal of a zoning enforcement determination for property at 1000 Thomas Beck Road, upholding the city's finding that a medical-waste and shredding operation there was not lawfully established under local zoning rules.

The ruling came after the board reviewed staff's written determination and evidence that the business known as MedShred (and an associated paper-shredding operation called The Shredder) was functioning in a manner the zoning office classified as a "junk or salvage yard" under the municipal code. Chris Hosko, the city's zoning enforcement officer, told the board that "MedShred is operating within the junk or salvage yard classification as described in chapter 134, 3.64 of [the] municipal code," and that the operation did not have the certificate of zoning compliance or other documentary showing that would establish a lawful nonconforming use.

The appellant, represented by attorney Mackenzie Moreno of Brown Winick, said the site is properly used as a warehouse and office under an existing 1998 certificate of occupancy and that the business merely stores packaged, sealed medical waste for short-term pickup and transport. Moreno told the board the company's containers are "placed into a secured stage trailer, and materials are shipped out within 3 days" and argued the activity fits a warehouse definition rather than a salvage yard.

City staff countered that handling and storage of medical waste and similar materials can fall within the junk/salvage description in the code if the activity involves storage, exchange or handling of waste in a building or open area of 200 square feet or more. Staff noted the property's pre-2019 zoning and said that even under the earlier code, certain waste-handling uses required a written statement to the community development department and additional review before they could be treated as lawfully established industrial uses. City attorney Gary Guidelock advised the board that the standard of review is whether the zoning enforcement officer's determination was arbitrary or capricious given the materials available at the time of the decision.

Operator Alex Benskin (who identified himself as owner of Thomas Beck 1 LLC and MedShred) told the board the business handles only packaged, DOT-compliant containers and contracts out actual processing to out-of-state processors; he said no unpackaging, processing or resale occurs on site and that the staging area is less than 200 square feet. Benskin also said the company has been working with planning staff on potential site changes and possible relocation of processing to a heavy-industrial site in the future.

After deliberation the board made a motion to uphold the zoning enforcement officer's determination and deny the appeal. The motion carried; board members present voted to deny the appeal, upholding staff's citation.

The board's decision leaves the enforcement determination in place; city staff reminded the parties of the administrative and legal steps available after the decision, including the ability to seek judicial review.