By: Plan Commission
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Resolution denying a request by Joe Vavrina, HR Green, Inc., for a Conditional Use Permit in the C2 District at 2825 N. Mayfair Road for an eating establishment (Chick-Fil-A) with drive-through
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WHEREAS Joe Vavrina, HR Green, Inc., on behalf of Chick-Fil-A, is requesting approval of a Conditional Use Permit to develop and establish an eating establishment with drive-through located at 2825 N. Mayfair Road (currently two parcels addressed as 2825-2835 N. Mayfair Road) in the General Commercial (C2) zone; and
WHEREAS, this request was reviewed by the City Plan Commission to determine whether it is necessary for the public convenience at that location; is located and proposed to be operated in such manner which will protect the public health, safety, and welfare; and whether it can be found to be compatible with surrounding uses; and
WHEREAS, staff recommended denial of the Conditional Use Permit based primarily upon the dangers which would be created by the projected increase in traffic entering the site from Mayfair Road, and traffic on the site as it interacts with neighboring properties, as identified in the Engineering Services Division portion of the staff report, in addition to traffic safety concerns detailed by the Chief of Police and the Fire Chief of the City of Wauwatosa before the Plan Commission at its meeting of June 12, 2023; and
WHEREAS the Plan Commission determined that approval would be contrary to the required Conditional Use criteria and standards outlined in Wauwatosa Municipal Code (WMC) 24.16.040.G.; and
WHEREAS based upon the staff report and other information made available to the Plan Commission, there was substantial evidence in the record before the Commission to support the determination that:
1. The establishment and operation of the conditional use will be detrimental to and endanger the public health, safety and general welfare (WMC 24.16.040.G.1);
2. adequate and necessary street improvements a...
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