Glendale council approves waiver allowing 7 Brew drive‑through on North Port Washington Road

The Glendale Common Council approved a waiver of the city code’s 250‑foot spacing requirement to allow a drive‑through for a 7 Brew proposal at a subject property on North Port Washington Road.

City Attorney Baer told the council the ordinance authorizing drive‑throughs in the B‑1 district was passed at a properly noticed meeting and that a late publication by the clerk did not automatically void the change: “the statute says 15 days, but it doesn’t specifically say that an ordinance is necessarily void if it’s published after that deadline.” He advised the council to republish the ordinance and proceed with the application.

Why it matters: The waiver allows a new drive‑through in an area where the city had set a minimum 250‑foot separation between drive‑throughs. Council debate focused on whether the late publication or the proximity to other drive‑throughs should bar action, and on site constraints and environmental conditions that affect the parcel’s redevelopability.

Applicant representatives told council members they had substantially revised the site plan since an earlier meeting. “The current plan no longer includes consideration for Chick fil A for off‑site parking,” Kevin Schmalt said during the presentation, noting the applicant removed prior references to Chick‑fil‑A and reworked the building orientation, landscaping and pedestrian access. The plans would reduce parking on the subject parcel from 46 stalls to about 12 and place most queuing behind the building, the applicant said, and the proposed building footprint (including canopy and cooler) is roughly 1,400 square feet.

The applicant also disclosed environmental testing completed during acquisition. According to the presentation, a Phase 2 investigation completed in April found “foundry sands and levels of contamination above the acceptable level and the report is currently in process with the DNR.” The applicant said the environmental engineer recommended leaving the existing asphalt in place as a functional cap and positioning any new footings close to the existing foundation to limit disturbance.

Council members questioned measurement methods for the 250‑foot rule and whether distances were being taken from lot lines or from drive‑through windows. The applicant’s representative said the 510‑foot figure to Chick‑fil‑A referenced the entrance location and that some measurements in the applicant’s materials were approximate. Alderman Galehart said she would vote yes after reviewing the distances and the design changes: “I’m gonna vote yes. I’m just gonna explain very briefly why because my big issue was the the the measurement.” Alderman Vukovich recorded a no vote during the roll call.

The motion to approve the waiver was moved by Alderman Doherty and seconded by Alderman Shaw and was approved by the council. The applicant and the city agreed to republish the ordinance with corrected dates and to continue working with staff and required committees on detailed development approvals.

Council and applicant comments noted the city’s intent to limit drive‑through proliferation while also preserving redevelopment options for adjacent parcels; the applicant said the current site plan leaves the north portion of the property paved (but unstriped) to maintain future flexibility for parcel consolidation or infill.

The council’s action permits the applicant to proceed to subsequent development approvals; staff and the applicant will return with the detailed site plan and permitting documents required by the city’s development standards.