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Zoning board denies variance and conditional‑use for convenience store that would sell beer and wine on 6th Avenue
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Summary
The board unanimously denied a variance to the 150‑foot separation requirement and, as a consequence, denied the conditional‑use permit for a proposed convenience store with wine/beer sales at 1413 6th Avenue; staff and the board cited the high legal burden to show no reasonable return from permitted uses.
The Des Moines Zoning Board of Adjustment unanimously denied both a variance to the 150‑foot separation requirement and the accompanying conditional‑use request for a proposed convenience store that would sell wine and beer at 1413 6th Avenue.
Frank Dunn, planning staff, said the property lies within an RX‑1 district and is within the 150‑foot separation distance from a licensed child‑care facility. Staff concluded the application failed to meet the variance test—particularly the requirement to show the property cannot yield a reasonable return under permitted uses—and therefore did not support the variance or the conditional use.
Applicant Lucas said he purchased the property believing a convenience store would be allowed and argued alcohol sales are important to the business model; he presented neighborhood meeting materials showing local support for a nearby market. Lucas said alcohol sales might account for a modest share of revenue but were important to overall viability.
Gary Guidelock, legal counsel, reminded the board the variance is precedentally difficult and outcome‑determinative: if the variance is denied, the conditional use cannot satisfy the first test element. After discussion, the board voted to deny the variance and, following that outcome, denied the conditional‑use request. The motions carried 7–0. The board encouraged the applicant to work with city staff and local programs to explore alternative uses or resources for building reuse.
