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Board approves new liquor store at 1730 E. Army Post Road over neighbor objections (4–2)
Summary
The Board of Adjustment voted 4–2 to approve a conditional use for a new liquor store at 1730 East Army Post Road, concluding the site meets separation rules; neighbors raised concerns about past property maintenance, traffic and safety, and board members stressed that zoning enforcement can revoke approval if the use becomes a nuisance.
On Oct. 23 the Des Moines Board of Adjustment voted 4–2 to allow a new liquor-store development at 1730 East Army Post Road.
Planner Katherine Drahas told the board the site is in an EX district and meets required separation distances; staff recommended approval with standard conditions and the usual caveat that the zoning enforcement officer may bring the case back if the use creates a nuisance or violates conditions. “Staff is supportive of their request to have the conditional use to sell alcoholic liquor, wine and beer,” Drahas said.
Attorney Lloyd O’Gell, representing the applicant, said the project is about a $900,000 investment to build a modern convenience/liquor store and proposed hours of 8 a.m. to midnight seven days a week. O’Gell said the owner planned to maintain the parcel and had contracted for lawn service to address cleanup concerns raised by neighbors.
Several residents living near the parcel testified in opposition, citing longstanding problems with debris and poor site maintenance on the lot, concerns that a liquor store would increase crime and panhandling, and worries about traffic and winter access on Army Post Road. Speakers asked for stronger site upkeep, perimeter fencing and assurances that the owner would remedy existing nuisance conditions before construction.
Board members discussed hours of operation and site maintenance but emphasized the board’s purview is to determine whether the proposed use meets zoning and separation requirements. Several board members noted that conditional-use approvals can be revoked if subsequent enforcement shows violations. After deliberation, the motion to approve subject to staff conditions passed 4–2.
Staff told the applicant to continue coordinating site plan, permitting and maintenance and warned that zoning enforcement will act on complaints. The board’s approval allows the applicant to proceed to site-plan review and building permits; it does not waive applicable building-code or site-plan requirements.
