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Consideration of a Conditional Use Permit to establish an eating establishment in the Neighborhood/Village Trade and Planned Unit Development Overlay (C1/PUD) zones at 7400 W. State Street, Ana Gattorno, Tedrow Design Group, applicant
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Submitted by:
Art Piñon
Department:
Development
A. Background/Options
The applicant is requesting a Conditional Use Permit (CUP) to operate an eating establishment at 7400 W. State Street, located within the Neighborhood/Village Trade and Planned Unit Development (C1/PUD) zoning district. The proposed establishment would occupy a tenant space within the State Street Station mixed-use development, which was previously occupied by MOD Pizza.
The submitted floor plan identifies a dining area, kitchen, and customer entrance along State Street. The applicant is proposing operating hours of 11:00 a.m. to 2:00 a.m., Monday through Sunday.
The required public hearing for the Conditional Use Permit request was held before the Common Council on September 29, 2026. During the public hearing, one (1) member of the public spoke in opposition to the proposal. The concerns expressed included the proposed 2:00 a.m. closing time, potential security issues, and late-night noise associated with the use of the trash dumpster. The applicant spoke in favor of the proposal.
B. Staff Comments
Planning/Zoning Division
This Conditional Use request supports the goals and objectives outlined in the City of Wauwatosa Comprehensive Plan. Specifically, supporting development, improvement, and reinvestments in local commercial areas to promote a dynamic, vibrant, and accessible character and appearance as well as a mix of businesses (WCP, p. 20).
Building Division
Design Review Board approval is required for any exterior changes. Architectural supervision, plan review, and all applicable building permits are also required. 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 and expense as requested by the Assessor’s office
City Clerk’s Office
The applicant should inquire with the Clerk’s Office if they intend to sell alcohol. No other comments.
Engineering Division
For existing buildings, any building project in excess of $100,000 is subject to sanitary sewer lateral replacement or repair if the existing lateral does not pass Board of Public Works testing requirements according to City Code 13.30.030.
Fire Department
The proposed building project shall be designed, constructed, and maintained in full compliance with all applicable state and locally adopted building, fire and life safety codes as well as all applicable local fire prevention ordinances.
Key items of consideration;
• Kitchen Hood and Suppression System
• Required Automatic Sprinkler System
• Fire Alarm, Detection, notification provisions
• Means of egress, exit access, exit capacity and emergency evacuation requirements
Subject to compliance with all applicable fire and life - safety requirements the fire marshal’s office has no objection to the proposed project at this time.
Health Department
Applicable food license required.
Police Department
No comments provided.
C. Recommendation
Staff recommends approval subject to:
1. Establishing hours of operation.
2. Design Review Board approval is required for any exterior changes. Architectural supervision, plan review, and all applicable building permits are also required. A final occupancy inspection and approval must be obtained prior to occupancy.
3. Per City Code 13.30.030, any building project in excess of $100,000 shall have the sanitary sewer lateral replaced or inspected and pressure tested per BPW requirements.
4. Compliance with all required Fire and Life Safety 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. The project shall be designed, constructed and maintained in full compliance with all applicable national, state and local fire code requirements.
7. Under WMC 24.16.040I., a Conditional Use will lapse and have no further effect eighteen (18) months 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.
8. Obtaining other required licenses, permits, and approvals.