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Consideration of a request by Ali Ali of BuMa LLC for a Conditional Use Permit in the General Commercial (C2) zone at 10600 W. Blue Mound Road to allow a smoke shop
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Submitted by:
Art Piñon
Department:
Development
A. Background/Options
The applicant is proposing to operate a 1,650 square foot smoke shop at 10600 W. Blue Mound Road in the General Commercial (C-2) Zone. Surrounding land uses include single family residential to the north and commercial uses to the south, east, and west. In accordance with Wauwatosa Municipal Code (WMC) Table 24.07.030, a Conditional Use Permit is required for the use.
The facility specializes in the sale of Delta 8 products, Vapes, and smoking accessories. The proposed operating hours are Monday through Saturday, from 9:00 am to 10:00 pm and Sunday from 10:00 am to 9:00 pm.
Public Hearing
A public hearing before the Common Council occurred on December 18, 2024. Seventeen (17) public notification letters related to the project were sent per City regulations and no members of the public spoke in opposition regarding the proposal. Here is the link to the Council meeting video:
<https://wauwatosacitywi.granicus.com/player/clip/3282?view_id=1&redirect=true>
B. Staff Comments
Planning/Zoning Division
Property contains sufficient parking to accommodate the use and others users of the site.
The project has been conditioned to ensure signage complies with City Code.
Building Division
Architectural supervision, plan review and applicable building permits required. Final Occupancy inspection and approval required prior to occupancy.
City Assessor’s Office
Provided 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
No 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
No comments
Health Department
No comments
Police Department
No comments
C. Recommendation
Staff recommends approval subject to:
1. Establishing hours of operation.
2. Providing detailed costs of any alterations and/or new construction, as well as income & expense as requested by the Assessor's office.
3. Adding short and long-term bike parking in compliance with City Code prior to occupancy.
4. Final Occupancy inspection and approval required prior to occupancy.
5. Any signage associated with the business must be reviewed and approved by the Building & Safety Division for compliance with WMC 15.14. Prior to occupancy, facility signage shall be inspected and approved by the City Code Enforcement Officer.
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.