A city-owned right of way is at the heart of a debate centered on the proposed construction of a Taco John’s restaurant.

On Monday, the West Des Moines City Council approved a master plan that would allow Taco John’s of Iowa to build at the intersection of Fourth Street and Grand Avenue. It also agreed to vacate the right of way for a period of not less than 20 years.

The agreement would be a temporary fix, however, as the city could reclaim the space at any time following the easement period should the need arise to install a right-turn lane on Fourth Street.

“Taco John’s would in essence lose that portion of their parking lot,” said Linda Schemmel, a planner in the city’s Development Services Department.

Ensuring adequate parking to accommodate the proposed 72-seat restaurant is a big concern for the developer, she said, adding that such issues are common in redevelopment areas.

One of the smaller prototypes originally submitted to the city, including a 39-seat, 1,700-square-foot store or a 50-seat, 2,131-square-foot store, may be more suitable for the site, Schemmel said. The developer has indicated, however, that the amount of revenue generated from the larger restaurant is necessary to cover the cost of the land, demolition of the existing building and construction of a new building and parking lot.

The city, on the other hand, “has to be good stewards of the taxpayers’ money,” Schemmel said, adding that it wouldn’t be “appropriate” to sell the right of way and have to purchase it back later at an inflated cost.

In a letter to the council, Taco John’s offered to downsize the restaurant to 58 seats, but wanted to maintain the entire parking area, she said.

The dispute has been ongoing since March 4, when the Plan and Zoning Commission recommended that the City Council deny the master plan request. On March 9, the council voted to continue the agenda item, referring it back to the Development and Planning Council Subcommittee for further review. On March 23, the council approved the master plan on a vote of 5-0, subject to a number of conditions, including the 20-year easement.

Schemmel said the applicant was not present at Monday’s meeting, making it difficult for the council to propose other solutions.

The city is “definitely interested in trying to work with the applicant as much as they can,” Schemmel said.

“I don’t know if they are going to proceed.”