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Board denies proposed tobacco/e‑cigarette retailer on Silver Spring Drive
Summary
The Board of Zoning Appeals denied an application to operate a tobacco/e‑cigarette retail store at 3531 W Silver Spring Drive, citing the city’s 2023 ordinance and DCD/DNS recommendations that such a use is inconsistent with the code’s aims and with neighborhood plans.
The Milwaukee Board of Zoning Appeals on May 22 denied a request to operate a tobacco/e‑cigarette retail store at 3531 W Silver Spring Drive.
Department of City Development and Neighborhood Services advised denial. DCD staff explained that the 2023 ordinance restricting tobacco and e‑cigarette retail locations was created after research into health effects and the locations’ potential to attract youth; staff concluded the applicant had not shown the exceptional circumstances needed for a use variance in a residential district.
Ed Richardson of DCD told the board: “We do not believe that the criteria to operate the tobacco or e‑cigarette retailer have been met… We do not believe that public health, safety, and welfare, has been met. We believe it’s against the spirit and intent of the code and does cause a detriment to the area.” The board followed the departments’ recommendation and denied the application as submitted.
Ending: The applicant was encouraged to consider other permitted retail uses or to consult with Plan Review about whether limited tobacco sales under statutory thresholds could be conducted without a variance.
