Legislation Details

File #: 26-1506    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 9/9/2026 In control: Board of Public Works
On agenda: 9/16/2026 Final action:
Title: Request by Matt Riester of Luther Group for Landscaping and Site Plan Exemptions at 7501 W. North Avenue
Sponsors: Engineering
Attachments: 1. 2026-09-09 Variance Narratives_v1.pdf, 2. 2026-09-09 - Wauwatosa Grocery Site Plan - City Overlay - Submittal.pdf, 3. 25057 - Wauwatosa Grocery Turning Exhibits.pdf, 4. 2026-09-11 - Wauwatosa Grocery Landscape Plans - Updated.pdf
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Request by Matt Riester of Luther Group for Landscaping and Site Plan Exemptions at 7501 W. North Avenue

 

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Submitted by:

Jennifer Stilling, Senior Civil Engineer

Sarah Grimalkin, Parks and Landscape Manager

Department:

Public Works

 

A.                     Issue

The applicant has requested that the Board consider the following items for the proposed redevelopment at 7501 W. North Avenue:

1.                     The construction of a driveway widths that exceed the Code required maximum width of 30 feet (Code Reference 8.44.090).

2.                     An exemption to the required interior vehicular use area landscaping (Code Reference 24.12.030).

 

B.                     Background/Options 

Section 8.44.090 - Vehicle Storage Lots - Entrances and Exits

 

City Code 8.44.090 states that entrances and exits to and from parking lots shall not exceed 30 feet in width.  As shown in the attached plan, the applicant is proposing to construct two driveways that exceed 30 feet of width at the curb.  The driveway proposed at Watson Avenue will be 45.7 feet wide and another the driveway proposed at W. North Avenue will be 42.8 feet wide.  The extra width is necessary to provide the semitruck turning movements that are needed to support the proposed use of the parcel.  The semitruck turning movements are shown on the attached exhibit.

 

Section 24.12.030 - Interior Vehicular Use Area Landscaping

 

Code section 24.12.030 states that at least 10% of the interior of vehicular use areas must be landscaped. In addition to the 10% landscape area, one shade tree is required per 180 square feet of required landscape area.  Landscaping islands are required every 15 parking stalls and at the end of all parking rows. 

 

As shown in the attached plan and based on the proposed vehicular use area, the development is required to provide 4,729 square feet of interior landscaping with 27 trees.  The applicant is proposing to provide 2,666 square feet of interior landscaping area, which is 5.6% of the vehicular use area.  The applicant is also proposing to provide 13 trees.  Therefore, the request is for a reduction of 2,063 square feet of interior landscaping area and 14 trees.

 

Previous exemptions to the landscape requirements have offered mitigation that is in proportion to the deficiency that they are requesting relief from. For example, if the application is deficient by (4) trees, (4) trees are provided adjacent to the parking area that will shade the parking area and meet the intent of the code.  The applicant is providing an additional 41 arborvitae and preserving 10 existing evergreens along the east property line that provides screening from the adjacent residential buildings.  The applicant is also providing an additional 38 shrubs above what is required for perimeter landscaping.  However, the interior landscaping code specifies that shade trees must be provided.  While arborvitaes provide beneficial screening for adjacent residential properties, it does not meet the intent of the interior landscaping code.

 

The applicant’s narrative states that a bioretention area with landscaping is provided at the northwest corner of the site.  This is required for stormwater management compliance and does not exceed what is required by Code compliance.  This area cannot be counted as a mitigation measure.

 

The applicant has provided a narrative explaining the reasons behind why exemptions to the Code are requested.  In general, reducing the number of stalls will not support the tenant’s intended use, including customer, employee, and service provided parking demand.  According to the applicant’s narrative, if the development is required to meet the 10% interior landscaping Code, 19 parking spaces would be lost.

 

 

 

C.                     Strategic Plan (Area of Focus)

Priority Area One: Economic Development and Financial Resilience

 

 

D.                     Fiscal Impact

No impact to the City of Wauwatosa.

 

 

E.                     Recommendation

It is up to the Board if the exemptions should be granted.  In regards to the exemption request for the required interior vehicular use area landscaping, staff strongly recommends that the Board consider the following: 

 

                     The Code does not require a minimum number of parking spaces for the proposed commercial uses.

                     If the development were to meet the requirement of landscaping islands every (15) parking stalls and at the end of parking rows, staff have calculated that (11) parking stalls would require conversion to landscaped areas.

                     Landscape islands provided at the end of each parking row are a proven and typical method of calming vehicular traffic and increasing pedestrian safety.

                     The proposed site is completely redeveloped and the ordinances in place should apply. This is a standard dimensioned lot with no environmental limitations that would impact the areas that can be landscaped, such as existing trees to preserve, significant slopes or wetlands.