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Consideration of a Conditional Use Permit to establish an eating establishment in the General Commercial (C2) zone at 1413 N. 60th Street, David Keren, applicant
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Submitted by:
Art Piñon
Department:
Development
A. Background/Options
The applicant is requesting approval of a Conditional Use Permit to operate a restaurant and café at 1413 N. 60th Street. The space was previously occupied by Highlands Café.
Surrounding land uses include residential to the north, and commercial uses to the south, east, and west. The proposed hours of operation are 7:00 a.m. to 3:00 p.m., Monday through Sunday.
The proposed floor plan includes indoor and outdoor seating areas, a kitchen, and an entrance accessible from N. 60th Street.
The required public hearing for this request was held before the Common Council on September 29, 2026. During the meeting, the applicant and one (1) member of the public spoke in support of the proposal. No members of the public 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
Provide detailed costs of any alterations and/or new construction, as well as income and expense information 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.
City records show that this building is served by an existing one-inch lead water lateral from the building to the six-inch public water main in N. 60th Street. Staff strongly recommends that this lead piping is replaced.
The property line must be shown on the site plan. If any outdoor seating is proposed within the public sidewalk, a sidewalk café permit is required.
Fire Department
The proposed building project shall be designed, constructed, and maintained in full compliance 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
• Means of egress, exit access, exit capacity, and emergency evacuation provisions
• Fire alarm, detection, notification and emergency communication systems as applicable
It appears as though the occupancy capacity will exceed the threshold for requiring sprinkler protection for an A2 occupancy. Included in this calculation are the occupants within the building, seating on the patio area and the employees.
Please confirm this with your design professional.
Subject to compliance with all applicable building, 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. 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.