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Des Moines zoning board denies variance for proposed liquor store at 3921 E. 14th
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Summary
The Zoning Board of Adjustment denied a variance and conditional-use request for Golden Dragon Liquors at 3921 East 14th Street after finding the applicant had not met the legal hardship test; the vote was 6–1.
The City of Des Moines Zoning Board of Adjustment on a 6–1 vote denied a request to allow a 12,000-square-foot tenant bay at 3921 East 14th Street to operate as a liquor store despite objections that the site lies within the ordinance’s 500-foot separation from a licensed child-care facility.
Staff planner Frank Dun Young recommended denial, saying the applicant had not met the city’s high legal standard for a variance. "Staff believes that the appellant has not satisfied the criteria for granting a variance," Dun Young told the board, noting the ordinance requires proof that the property cannot yield a reasonable return under permitted uses.
Applicant representative Fernando Vega argued the bay had repeatedly failed to sustain other tenants and that a locally owned, family-run liquor store would bring economic activity and stability. "What we're saying is we need to bring economic activity... a family owned business," Vega said during his presentation. Neighbors offered limited neutral testimony, and staff noted two comment cards in opposition and a neighborhood association letter opposing the proposal.
Board members questioned whether alternative uses could be found for the space and emphasized the narrow, statutory hardship standard that must be met for a variance. After deliberation the board moved to deny the variance and conditional use; the chair recorded the vote as six in favor of denial and one opposed. The board’s denial ends the board-level process; decisions of the board may be appealed to the Iowa district court under the ordinance timeframes.
The board’s ruling means the applicant must either pursue other locations that meet separation requirements or seek a legislative change to the city ordinance. Staff said decision and order documents would be provided to the applicant and posted in the official record.
