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Consideration of a Conditional Use Permit to establish a daycare/preschool in the Neighborhood Residential (NR) zone at 4057 N. Mayfair Road, Laci Robbins, 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 day care and pre-school at 4057 N. Mayfair Road in the Neighborhood Residential (NR) zoning district. The proposed facility will operate within an existing church building and will utilize the existing playground located on the west side of the building. The proposed hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday. The facility will have a maximum capacity of 50 children and will employ nine (9) staff members. Neighboring land uses include residential to the west and north and commercial to the south. To the east is the facility parking lot and Mayfair Road.
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. Prior to the meeting, the City received one (1) opposition e-comment and three (3) support e-comments, one of which was submitted by the applicant, through the City's online public comment portal regarding the application. The four (4) written e-comments are attached for review.
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 local businesses and enhancing the City's tax base (WCP, p. 20); and 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
Owner to provide detailed cost of any alterations and/or new construction to the parcel. If property owner claims property tax exemption they must file the state prescribed form (PR-230) by the statutory deadline and be compliant with bi-annual filing of the state prescribed form (PC-220). Filing the PR-230 does not guarantee property tax exemption. The property owner and use must qualify under statutory requirements. Additionally, if there are any changes to use or occupancy the owner must contact the Assessor’s office immediately.
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.
If sprinklers are required by the Fire Department, fire flow calculations in accordance with City Code 14.20.080 will be required. City records show that there are two existing water services for this property. One existing water service is 0.75 inches in the diameter. The other existing water service is 1.25-inches in diameter.
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;
• Required automatic sprinkler and fire suppression systems
• 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
No comments provided.
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.