The City of Des Moines Zoning Board of Adjustment denied a conditional-use permit for a proposed vapor and tobacco retail store at 5805 Fluor Drive, voting 7-0 to follow staff’s recommendation for denial.
Bert Dross, planning staff, told the board the proposed tenant would occupy up to 1,920 square feet in the MX-3 mixed-use district and that the site is tight on parking and maneuverability. Dross said staff does not believe the nine conditional-use criteria are satisfied for the site because customer parking and vehicle circulation could cause congestion on Fluor Drive and push parking into adjacent residential neighborhoods.
“We don’t believe that putting a tobacco store here would be appropriate,” Dross said, summarizing the staff recommendation.
The applicant told the board he already signed a lease and characterized the store as a vapor and tobacco retail business with short customer visits. An interpreter spoke for the applicant in the hearing. Neighborhood outreach revealed strong opposition: staff presented comment cards and emails from the Watrous South Neighborhood Association, Southwestern Hills neighborhood and several nearby residents who opposed the location.
Several residents and business owners testified in opposition. Jerome Bradley, a member at large of the South of Watrous Neighborhood Association, cited safety and parking concerns and said neighborhood outreach showed strong opposition. Resident Jenny Barker described frequent pedestrian traffic near the proposed site, including schoolchildren boarding buses nearby, and said neighbors were worried about youth access to vaping products. Rachel Gulick, owner of House of Glass located adjacent to the site, said the lot lacks safe access to the rear spaces and that her business shoulders traffic impacts from the site’s driveway.
Board members noted that the board’s authority is limited to the zoning criteria, not business competition or product morality. Chair Mel Pins said the primary question is whether the use can operate without unduly increasing congestion or compromising the welfare of surrounding properties. Board members agreed the site’s parking and access constraints made approval inappropriate.
Pins moved to deny the conditional-use application; the motion was seconded by Marlous Jones and carried 7-0.
The applicant was advised to check with staff about appropriate locations and to consult the planning department before signing future leases, the chair said.