Des Moines zoning board denies plan to convert Spaghetti Works into large bar on Court Avenue

The Des Moines Zoning Board of Adjustment unanimously denied a conditional-use request to turn the former Spaghetti Works space at 310 Court Avenue into a tavern-style bar, rejecting the applicant’s bid to avoid the 51% food threshold required for restaurant licenses.

Bert Drost, deputy planning administrator, recommended denial on the grounds that the downtown DX2 district already has a high concentration of bars, that the proposed use could harm residential neighbors directly above the site, and that it would conflict with city planning guidance to diversify retail and dining in the Court Avenue area. "Our staff recommendation is for denial," Drost told the board, citing the Sociable City assessment and the Future Forward/PlanDSM guidance that encourage more retail and family-oriented uses.

The applicant, Larry Smithson, described plans for large-scale games, multiple TVs and DJs and said he planned roughly a 5,500-square-foot bar within the 7,999-square-foot unit. "I'm here today to ask for one simple thing: I want to not have to serve or lie to the city on how much food I'm serving," Smithson said, arguing he has run downtown venues for 33 years and would invest in the property. He also disputed some neighbor complaints about his operations.

Neighbors and the Downtown Neighborhood Association spoke overwhelmingly in opposition during the public comment period. Residents cited noise, vibration, late-night crowds and sidewalk crowding as concerns and urged the board to favor more family restaurants and varied retail. "We don't need any more bars down on Court Avenue," said Dana Schaefer, a resident who identified herself as living at 300 Walnut Street. Several commenters referenced neighborhood outreach materials and a Court Avenue vision survey that oppose increasing the concentration of bars.

Drost presented police data the staff had compiled for Court Avenue, saying the district logged 745 police calls between January and September of the year with 69 arrests during that period. Board members repeatedly referenced those figures and the recent adopted planning studies as central to their analysis. Marlis Jones said she could not find that the applicant had satisfied the conditional-use criteria; Heather Ann Roe said the proposal "doesn't fit with the greater vision" for Court Avenue. Chair Mel Pens described the district as "at a tipping point" and moved to deny the request; Marlis Jones seconded the motion. The board voted 7–0 in favor of denial.

The denial preserves the current zoning use limits for that unit. The board noted that a conditional-use decision can be appealed to the Iowa District Court and that any future applicant could reapply with a proposal that addresses staff and neighborhood concerns. The hearing record includes staff reports, neighborhood comment letters and multiple resident testimony opposing the change.

What happens next: The applicant may choose to appeal the decision to district court or revise the proposal and return to the board with additional mitigation measures and neighborhood outreach. The board’s decision will be recorded in a written decision and order and provided to the applicant and staff.