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Consideration of a Conditional Use Permit in the General Commercial (C2) zone at 6108 West Blue Mound Road for an eating establishment, Amberlea Childs, Plant Joy LLC, applicant
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Submitted by:
Art Pi?on
Department:
Development
A. Background/Options
The applicant is proposing to operate an eating and drinking establishment at 6108 W. Blue Mound Road in the General Commercial (C2) Zone. Surrounding land uses include single family residential to the north and commercial uses to the south, east, and west. The location was previously a restaurant, Daddy's on Bluemound.
The floor plan contains a deli counter, kitchen, shelving/display area, and outdoor seating area at the north end of the space. The entrance into the space is located at the south end of the space adjacent to the Blue Mound Road. The proposed operating hours are Tuesday to Sunday from 7:00 am to 3:00 pm.
Attached to this report is the plan of operation, floor plan, and outdoor seating exhibit.
The required public hearing was held at the July 22, 2025 Common Council meeting with the applicant speaking in favor and no one appearing to speak in opposition. The Council meeting video is attached.
B. Staff Comments
Planning/Zoning Division
Both short and long-term bike parking is encouraged. It is not required as there is no change in the use.
This Conditional Use request supports the goals and objectives outlined in the City of Wauwatosa Comprehensive Plan, specifically:
* Supporting local businesses and enhancing the City's tax base (WCP, p. 20);
* Preserving Wauwatosa's welcoming identity, encouraging thoughtful growth, and promoting aesthetically appealing development (WCP, p. 20);
* Encouraging development, reinvestment, and improvement within local commercial areas to sustain a vibrant mix of businesses (WCP, p. 20).
Building Division
Plan review and all applicable building permits are required. Design Review Board approval is required for any proposed exterior changes. A final occupancy inspection and approval must be obtained prior to occupancy.
City Assessor's Office
Provide detailed costs of any alterations and/or new construction as well as income & expense as requested by the Assessor's Office.
City Clerk's Office
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Engineering Division
In the conditional use narrative, outdoor seating is proposed on the north side of the existing building but not shown on the plans. It is unclear if the outdoor seating will impact any existing parking. A dimensioned site plan must be submitted to Engineering that shows the area reserved for outdoor seating, how the outdoor dining area will be protected from vehicular traffic, and any remaining parking stalls. The applicant should work with the land owner/operator of the building to provide handicap parking in compliance with City Code and ADA regulations. A site plan approval by the Engineering Division may be required.
City records show that this building is served by an existing 1.25-inch lead water lateral from the building to the curb stop in N. 61st Street. Staff strongly recommends that this lead piping is replaced.
Per City Code 13.30.030, any building project in excess of $100,000 shall have the lateral replaced or inspected and pressure tested per Board of Public Works requirements. If the existing lateral is to be re-used, a televised report of the existing lateral from the building to the City main must be provided to Engineering. If Engineering identifies any defects in the existing lateral, the defects must be corrected and another televised report provided to Engineering to verify results. Note that if the existing lateral is made out of clay, the lateral must be lined. This requirement must be met prior to final building occupancy.
If a new trash dumpster is located outside, it must be screened from view of streets and all abutting lots according to the requirements outlined in City Code 24.12.040.
Fire Department
All applicable fire code must be adhered to.
Health Department
No comments
Police Department
No comments
C. Recommendation
1. Establishing hours of operation.
2. Address all comments from the Engineering Division as stated in the comments section of this report.
3. If adding new, per WMC 24.12.040.A.2, roof-mounted mechanical equipment (e.g., air conditioning, heating, cooling, ventilation, exhaust and similar equipment, but not solar panels, wind energy or similar renewable energy devices) over 30 inches in height must be screened from ground-level view of all R- and C-zoned properties. See 24.12.040.A.2 for requirements.
4. Per WMC 24.12.040.A.3, refuse/recycling containers must be screened from view of streets and all abutting lots with a solid wall or decorative (metal or wood) opaque fence at least 6 feet in height on all sides, with a secured or lockable gate extending to ground level. Refuse/recycling containers may not be located in front or street side setbacks. See 24.12.040.A.3 for additional requirements.
5. Providing detailed costs of any alterations and/or new construction, as well as income & expense as requested by the Assessor's office.
6. Under WMC 24.16.040I., a Conditional Use will lapse and have no further effect one year after it is approved by the Common Council, unless a building permit has been issued (if required); the use or structure has been lawfully established; or unless a different lapse of approval period or point of expiration has been expressly established by the Common Council.
7. Obtaining other required licenses, permits, and approvals.