The potential tenant of former Court Avenue restaurant space was granted a delay in consideration of his request to open a bar in the building.

Larry Smithson, an operator of area bars, had asked the Des Moines Zoning Board of Adjustment to allow the 8,000-square-foot space previously occupied by Spaghetti Works to be used by a bar he is proposing to open. The board must approve the change in use because more than 50% of the proposed business’ gross revenues would be from sales of alcoholic drinks.

Smithson asked for the continuance so he could have more time to talk with the area’s neighborhood association and other nearby businesses. The Downtown Neighborhood Association on Sept. 18 issued a proclamation asking the zoning board to deny Smithson’s change of use request. City staff have also recommended the board deny Smithson’s request.
The board approved Smithson’s request to discuss the change of use request at its Oct. 23 meeting.

The space at 310 Court Ave. that previously had been occupied by Spaghetti Works has been vacant since the restaurant closed abruptly in March 2023.

The restaurant had been in the space for 45 years. When the restaurant closed, Shelly Stokes, the owner of the Omaha-based business, cited concerns about violence and the safety of patrons and employees as the main reasons for the closure.

For the past 18 months, Stokes has tried to find a tenant for the space that is on the street level of a four-story building.

Smithson, who has had establishments in the Court Avenue district, proposed opening a bar that would include games such as foosball, pool tables, darts and shuffleboard. The bar, which would include mounted televisions tuned to sporting events, would operate from 5 p.m. to 2 a.m. on weeknights; 3 p.m. to 2 a.m. on Saturdays; and 3 p.m. to midnight on Sundays.

In 2021 and 2022, the Court Avenue district experienced a surge of violence, including attempted murder and assaults with deadly weapons. Much of the trouble was attributed to a building at Court Avenue and Third Street. In December 2022, the zoning board required businesses at the property to close by midnight.

New owners cleared the building of all tenants, including the District Bar & Grill that had been operated by Smithson.

City staff cited several reasons for recommending denial of the request to allow a bar to operate in the former Spaghetti Works space including:

• The likelihood that the bar would negatively impact the “peaceful coexistence” of nearby residential and commercial uses. The second through fourth floors of the building include 51 residential units. Allowing a bar to operate in the street-level space “could present a potential nuisance” to residents, staff wrote in their recommendation.
• Increased congestion on Court Avenue and other surrounding streets, especially around the bar’s 2 a.m. closing time.
• Becoming a detriment to other commercial businesses in the area by causing excessive noise and vibrations and reducing property values.  

City staff, in their recommendation to deny the request, wrote that increases of violence, sexual assault and congregations of young adults can be “directly attributed” to patrons of bars in the Court Avenue district.

In 2023, the city of Des Moines, the Polk County Board of Supervisors and Operation Downtown paid for an assessment of the Court Avenue district. The assessment concluded that a broader mix of uses were needed in the area, including more retail, office and service-oriented businesses and that dining opportunities needed to be preserved.

The Court Avenue district needs to offer “experiences instead of just alcohol for entertainment,” city staff wrote in its recommendation to the board.