Board of Zoning Appeals sides with Brewers, vacates DNS order on relocated rideshare lot

The Board of Zoning Appeals granted an appeal by the Milwaukee Brewers on June 26, vacating a Department of Neighborhood Services order that said the team’s relocation of a rideshare pickup area at 446 North Story Parkway amounted to an intensification of a legal nonconforming parking lot and therefore required Board special-use approval.

The panel’s decision came after city departments described the zoning concern and the Brewers’ attorneys and stadium operations staff argued the change did not increase the aggregate traffic volume and had improved safety and circulation for fans. Elizabeth Haas, senior vice president and general counsel for the Brewers, told the Board the newly configured zone “is a much safer location for the fans” and that the club had reduced the number of parking spaces in the lot to accommodate the rideshare operation and added signage, staffing and police traffic control.

Department of Neighborhood Services (DNS) staff told the Board it had received complaints that drivers using the new rideshare area had increased traffic and unsafe speeds in the Story Hill neighborhood and concluded that, under the zoning code’s definition of “intensify,” the change constituted an alteration of the character of the use that produced new or different impacts on health, safety or welfare and therefore required special-use review. DNS recommended that the order stand.

Board members questioned whether the new operation produced “new or different impacts.” At least three members — who noted DNS’s concerns and letters from neighbors — said the evidence did not show a net increase in vehicle volume compared with the prior lot configuration and that the relocation improved traffic flow. After a motion to grant the appeal, the Board recorded unanimous aye votes by the five members present (Board Member St. Arnold Bell; Board Member Rucker; Board Member Curran; Vice Chairman Smyski; and Chairman Lohlenberg), and the DNS order was vacated.

Why it matters: The decision lets the Brewers continue using the southern portion of the principal parking lot south of I-94 as a controlled rideshare zone without undergoing a special-use approval. The city’s zoning staff argued the change altered the use’s character; the club argued the aggregate traffic is comparable, the new arrangement is safer for patrons, and the lot is still fundamentally a parking lot. The Board’s ruling favors the club’s operational judgment while leaving open the ability of DNS or neighbors to raise future enforcement concerns if different impacts occur.

Quotes and context

• "Rideshare provides an important service to the community, and our fans expect us to accommodate rideshare in some form or fashion so they have a safe way to get to and from the ballpark," Elizabeth Haas, SVP and general counsel for the Milwaukee Brewers, told the Board.

• "We actually reduced the number of parking spaces in that parking lot to accommodate the rideshare lot," Steve Ethier, senior vice president of stadium operations, said, describing added signage, police motor officers directing traffic, and restricted left turns to reduce neighborhood impacts.

• DNS summarized its position in the hearing: the department had determined that "the addition of the rideshare operation to the principal use parking lot at 446 North Story Parkway is an intensification of a legal nonconforming use and must meet current zoning code" and therefore required special-use approval to obtain an occupancy permit.

What the Board ordered and next steps

The Board vacated the DNS order and granted the Brewers' appeal. The ruling allows the Brewers to continue operating the rideshare pickup area as configured at the time of the hearing. The Board’s action does not change the city’s zoning code or DNS’s interpretation for other cases; DNS may still require special-use approvals in different factual circumstances. Neighbors or DNS can raise new complaints to DNS or seek additional remedies if future operations produce measurable new or different impacts.

Ending

The Board’s vote was one in a long meeting that addressed dozens of zoning requests across the city (see “Votes at a glance” below). The rideshare ruling preserves the club’s current traffic plan while making clear to operators and neighbors alike that future complaints about measurable impacts remain subject to enforcement and to Board review on a case‑by‑case basis.