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Zoning board grants variance and conditional use for Highland Underground bar despite proximity to church
Summary
The board approved a variance to the 150-foot separation and granted a conditional-use permit for a basement cocktail lounge at 3614 6th Avenue after debate; the variance will be reviewed by City Council.
After extended debate and robust neighborhood testimony, the Des Moines Zoning Board of Adjustment granted a variance to the separation-distance requirement and approved a conditional-use permit for "Highland Underground," a proposed basement cocktail lounge at 3614 6th Avenue.
Staff had recommended denial, citing the difficulty of meeting the statutory "unnecessary hardship" test because the site sits roughly 125 feet from a church. "The appellant hasn't satisfied the criteria for granting the variance," Frank Dun Young told the board, noting the high legal standard and existing lawful uses in the MX2 district.
Applicant operators and the property owner argued the building’s deep historic basement configuration made alternative tenants infeasible and that the redevelopment relied on the lounge’s economics. Property owner Tim Bratwold said structural work and financing constraints made the proposed hospitality use the only viable path for the restoration: "This lower level space is a perfect example... No other commercial business or retailer is going to be successful in that space," he told the board.
Board members split on legal grounds and neighborhood policy priorities. Following procedural clarification about motions, the board voted to grant the variance to the separation requirement (4 in favor, 2 opposed) and then separately granted the conditional use for a bar with a slate of standard conditions (vote recorded 5–1). Members noted the board’s variance decision will go to the City Council for review per city code. Supporters pointed to neighborhood economic development programs (Invest DSM, NDC) and letters from local businesses; staff emphasized the board’s limited statutory authority and the narrow criteria for variances.
Because the board granted the variance, the decision will be forwarded to City Council for its statutory review; staff will prepare the board’s decision and order for the official record.
