The Des Moines City Council voted to deny a rezoning request for 1233 10th Street at its Dec. 22 meeting, following public comment and a staff clarification that the parcel currently houses three structures as a legal nonconforming use.

Property owners Bobby and Casey Brown proposed rezoning to allow more units on a double-sized lot they said was misrepresented at sale. Casey Brown told council the owners had already invested about $80,000 repairing foundations and that their plan was to split existing houses into duplexes, not to build eight units. “Our request is simply to take the 2 houses that are 1,600 square feet and divide those into duplexes,” Brown said.

Neighbors and the King Irving Neighborhood Association urged the council to limit future units to three to preserve the street’s single-family character and avoid exacerbating on-street parking stress. Joanne Muldoon, speaking for King Irving, said the association supported planning staff’s recommendation to keep the lot’s capacity to three units.

Cody Christiansen, development services director, confirmed the property currently is allowed to have three structures as a legal nonconforming condition but that rezoning would be required to legitimize continued use or to expand unit counts. Based on that information, a councilmember moved to deny the application and instruct staff to negotiate conditions that would allow up to three units. The motion passed with a roll call vote approving the denial.