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Council denies variance for drive-through coffee at Port Washington Road site
Summary
A request to waive the city’s 250-foot separation requirement to allow a drive-through-only 7 Brew at 5265 N. Port Washington Road failed on a 4-2 roll-call vote after council members raised traffic, precedent, and reliance-on-neighboring-parcel concerns.
The Glendale Common Council voted 4-2 to deny a requested waiver of the city code distance requirement that limits new drive-through facilities to no closer than 250 feet from an existing drive-through. The variance would have allowed a drive-through-only 7 Brew at 5265 North Port Washington Road. The motion to approve the waiver was moved by Alderman Doherty and seconded by Alderman Bailey and failed on roll call: Vukovich No; Doherty Yes; Gellhart No; Bailey Yes; Schmalzling No; Shaw No.
Staff and the applicant presented the site plan and supporting analysis. City staff said the site is a permitted restaurant use in the B-1-B zoning district but needs a council waiver because the proposed drive-through lies within 250 feet of existing drive-through facilities to the north and south. Staff outlined next steps if the waiver had passed: a traffic study, then Planning and Architecture Review Commission review of site plan, architecture and landscaping.
Representatives for 7 Brew, including franchisees Corbin Turlup and operator Tommy Pennington, said they purchased the property to develop a compact, 510-square-foot drive-through facility and described efforts to minimize ground disturbance because of an earlier Phase I/II review; they proposed relying on a shared parking/easement arrangement with neighboring properties. Company representatives and a real-estate consultant suggested the project could modestly raise assessed value of the parcel from about $1.1 million toward $1.6–$1.85 million in their pro forma.
Opponents and several council members raised three central concerns: (1) precedent — allowing a waiver would open the door to more waivers and potentially undo the separation policy the council adopted for Port Washington Road, (2) traffic and queuing next to an already busy drive-through (Chick-fil-A), and (3) reliance on temporary or lease-based parking agreements with neighboring property owners as part of the proposal. Alderman Vukovich, after visiting the applicant’s Brookfield location, said she liked the product but did not believe this was the right location and opposed the waiver, adding, “I would love to find another space for them, but I am not convinced that this particular space is where they should be.”
Public commenters echoed the concern that granting the waiver would undermine the ordinance that limited drive-throughs on Port Washington Road. One resident also raised a procedural point alleging the ordinance’s publication; staff said the city will verify the publication record.
Because the variance failed, the applicant cannot proceed to the next site-plan and architectural review steps until it either finds a compliant location or returns with a different proposal that meets the separation requirement or obtains a future council waiver.
