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Zoning board approves use variance for West Side building in Des Moines floodplain
Summary
The City of Des Moines Zoning Board of Adjustment voted 7-0 to approve a use variance allowing reuse of a vacant building at 41460 First Street in the city's F floodplain, subject to five staff conditions including compliance with floodplain regulations and recording the board's decision.
The City of Des Moines Zoning Board of Adjustment approved a use variance, 7-0, to allow reuse of an existing vacant building at 41460 First Street located in the city's F floodplain.
The board's unanimous decision on the variance follows a staff recommendation that approval be conditioned on compliance with the city's floodplain regulations and other safeguards. Bert Dross, planning staff for the City of Des Moines, told the board staff supports the variance “since we can put some conditions on it that will ensure it does comply with floodplain development,” and recommended five conditions including adherence to municipal code chapter 50 floodplain standards and recording the decision to notify future property owners.
The variance allows the property owner to reuse the former credit-union building for an office-type business. Jeffrey A. Gaddis of Civil Engineering Consultants, representing 41460 First Street LLC, described the building's construction and flood posture and said, “this building meets kind of a rare occasion of I'm flood safe. I'm not flood proof.” He told the board the finished first floor sits above base flood elevations in a way that makes structural failure unlikely in typical flood events and said the applicant would address required site-plan comments before obtaining permits.
Staff recommended approval subject to conditions: 1) site improvements and any development must comply with standards in chapter 50 of the municipal code (floodplain regulations); 2) the use must not impede emergency access to the property or surrounding neighborhood; 3) the building must comply with applicable building and fire codes; 4) the board's decision and order shall be recorded to notify future owners of the conditions; and 5) the zoning officer may return the matter to the board if the property becomes a nuisance or violates conditions. Planning staff also noted the municipal code provision that a use variance may lapse if the building is destroyed to a degree (more than 50 percent of replacement value) or if the building remains vacant for more than one year.
Board members asked clarifying questions about the extent and difference between the floodplain and the floodway and whether nearby buildings had been affected by past floods. Planning staff and the applicant explained that the site lies in the FEMA-designated floodplain for Walnut Creek but is outside the mapped floodway in the applicant's immediate footprint; staff emphasized that the city applies the base flood elevation and other floodplain standards in chapter 50 when approving development in such areas.
No members of the public spoke in support, opposition or neutrality during the public-comment portion for this item. After closing the public record, the board deliberated briefly and approved the variance by a 7-0 vote. The board chair reminded the applicant to wait at least one week from the hearing for the decision and order to be filed before seeking building permits.
The decision permits the property owner to move forward with the interior remodel and site-plan work needed for the proposed office use, subject to the conditions above. If the property is later found to violate the conditions or to become a nuisance, staff may bring the case back to the board for reconsideration.
