Des Moines planning commission continues site-plan review for 3839 Delaware after neighbors raise easement and damage concerns

The Des Moines City Plan and Zoning Commission on Oct. 17 continued review of a site plan for 3839 Delaware Avenue after nearby residents alleged improper parking, property damage and misuse of an access easement.

Jillian Summer, Planning Staff, told the commission staff recommended approval of a Type 2 design alternative to allow outdoor storage and parking in the front yard, citing physical constraints created by the existing building and a slope on the south side. Staff’s recommendation included a new paved driveway, a six-foot wood privacy fence and enhanced landscaping to buffer the residence immediately north of the site.

Kirk Elmquist, who said he owns 3851 Delaware Avenue (the house immediately north), told the commission his property — known locally as the “Wood Mansion” — has suffered damage he attributes to the new owners of 3839 Delaware. Elmquist disputed a line in the staff report that characterized existing parking as secured by an access easement, saying, “the easement agreement does not permit parking” and that his attorney’s opinion is that parking is not allowed in the easement area. He asked the commission to deny outdoor storage and require that trucks and equipment be stored inside.

Tiffany Allison, who identified herself as a co-resident at 3851 Delaware, said the neighbors had rezoned and worked to rehabilitate the historic property and that repair estimates for apparent damage exceed $30,000. Allison said she had retained legal counsel and asked the commission to preserve the residential character of the site.

Shane Devick, the applicant’s representative with CEC, said he was unaware of the neighbors’ disputes and argued the proposed site plan would address many of the concerns by creating a separate paved driveway, dedicated parking and a privacy fence. “I would ask that you approve it per staff’s recommendation,” he said.

Commissioners and staff focused discussion on whether the applicant actually has a legal right to park in the off-site area identified in parking counts and whether the easement allows parking rather than only ingress and egress. Staff noted that development review relies on documents the applicant submits and recommended asking for a copy of the easement to confirm off-site parking rights. A commissioner moved to continue the item to allow the applicant to supply easement documentation and for staff to verify parking and storage calculations; the motion passed. The item was continued to the commission’s November 7 meeting.

Next steps: The applicant is expected to provide a copy of any easement or recorded agreement showing parking rights before the Nov. 7 meeting. The planning staff will review the document and advise whether additional on-site parking or other changes are needed.