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Consideration of a Conditional Use Permit to establish an eating establishment in the General Commercial and Mayfair Corridor Overlay (C2/MAY) zone at 2500 N. Mayfair Road, Chelsea Prior, Kura Sushi, applicant
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Submitted by:
Art Piñon
Department:
Development
A. Background/Options
The applicant is requesting approval of a Conditional Use Permit (CUP) to allow an eating establishment at 2500 N. Mayfair Road (Mayfair Mall), located within the General Commercial and Mayfair Overlay (C2/MAY) zoning districts.
The tenant space is located at the west end of the mall and includes a separate exterior entrance in addition to access from within the mall. The space was previously occupied by Panera Bread. The proposed hours of operation are 11:00 a.m. to 9:00 p.m., Monday through Thursday, and 11:00 a.m. to 10:00 p.m., Friday through Sunday.
Pursuant to the City Code, eating establishments within a regional mall that include a separate exterior entrance and customer seating are required to obtain a Conditional Use Permit. Eating establishments without a separate exterior entrance or seating area, such as food court tenants, are not required to obtain a Conditional Use Permit.
The required public hearing for this request was held before the Common Council on September 29, 2026. The applicant spoke in favor of the request, and no one appeared or spoke in opposition.
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
No concerns.
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
This project shall comply with all applicable provisions of the adopted state and local fire prevention, Building & Life Safety codes, as well as local fire department ordinances.
Key items of consideration:
• Required automatic sprinkler and fire suppression systems
• Fire alarm, detection, notification, and emergency evacuation 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 licenses 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. Providing detailed costs of any alterations and/or new construction, as well as income & expense as requested by the Assessor's office.
5. The project shall be designed, constructed and maintained in full compliance with all applicable national, state and local fire code requirements.
6. 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.
7. Obtaining other required licenses, permits, and approvals.