Zoning board denies variance to amend salvage‑yard permit at 1623 East 17th Street

The Des Moines Zoning Board of Adjustment voted 6–0 to deny a variance and a requested amendment to a 2021 conditional use for a salvage/junk yard at 1623 East 17th Street.

Planning staff told the board the property (about 50,000 square feet) previously received a conditional‑use approval in October 2021 subject to 13 conditions, including a requirement that any outdoor storage be screened by an 8‑foot‑tall opaque fence. Frank Dun Young, planning staff, recommended denial, saying, “staff is not able to support the request.” That recommendation anchored the board’s deliberations.

Applicant Mike Swift, owner of Swift’s Trails End Auto Recycling, told the board the site mainly functions as a holding area for end‑of‑life vehicles and that the public cannot readily see into the yard. “We don’t operate a junkyard…we’re mainly just a holding area,” Swift said, asking the board for relief from installing an 8‑foot opaque fence along the east and south property lines where a chain‑link fence currently stands.

Board members pressed the applicant on why the opaque screening required in 2021 was never installed and whether the city had followed up on compliance. Jesse Torres, zoning inspector, said a zoning enforcement case is open and staff have been working with the owner. Torres told the board, “we are aware, but we’ve been trying to work with the owner to get it fixed.” Legal counsel Gary Guidelock clarified that state rules cited by the applicant likely do not preempt the city’s more stringent screening standard. “We are not preempted here,” he said, explaining the city may adopt stricter fencing requirements than the state.

During deliberations board members expressed concern about precedent and the effect of a variance that would run with the property. One board member who moved the denial said, “I do not believe that the variance test has been met,” and the motion to deny—seconded by Board Member Dave Gar—carried unanimously, 6–0.

The denial means the outstanding zoning enforcement case remains active. Staff told the board that if violations persist the city can pursue remedies including daily fines, injunctive relief, or bringing the conditional use back before the board. Appeals of the board’s decision are governed by Iowa law and may be filed in the Iowa District Court within the statutory deadline.

The board’s action ends this hearing item; there was no appeal filed at the meeting and the owner was advised to follow up with city staff about compliance and next steps.