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Board approves general retail at North Ninth Street but denies variance to operate as tobacco/e‑cigarette retailer
Summary
The Board of Zoning Appeals granted a 5‑year special‑use continuation for a general retail establishment at 193251 North Ninth Street but denied the applicant’s request for a use variance to operate a tobacco/e‑cigarette retail outlet, citing the city’s 2023 ordinance and public‑health concerns.
The Milwaukee Board of Zoning Appeals on May 22 approved the continuation of an existing general retail establishment at 193251 North Ninth Street for five years but denied a separate request allowing the same business to operate as a tobacco and e‑cigarette retailer.
The applicant asked to keep the site in general retail use and to expand retail offerings to include tobacco and e‑cigarette products. Department of City Development and Department of Neighborhood Services opposed the tobacco portion, citing the city’s 2023 ordinance that narrows where tobacco and e‑cigarette stores may locate and research showing concentrations of such retailers can harm public health. DCD staff told the board the ordinance was adopted after similar cases and was intended to restrict locations of those retailers in residential districts and near youth‑serving uses.
Board members approved the general retail special use for five years while denying the use variance needed to sell tobacco/e‑cigarette products in that zoning district. DNS staff reiterated that under the ordinance a retailer that devotes a defined share of its floor area or inventory to tobacco products is treated differently and must meet stricter locational rules. DPW requested that, if the retail operation continued, the applicant obtain private trash hauling service; the board included DPW’s recommended operational conditions in the approval.
Ed Richardson, DCD, told the board the city opposed the tobacco/e‑cigarette element: “We do not believe that the criteria to operate the tobacco or e‑cigarette retailer have been met. This is a residential zoning district. The ordinance specifically prohibits that.” The statement was made as part of DCD’s technical recommendation and was read into the record.
Ending: The board advised the applicant to consult the plan examiner about whether limited tobacco sales under the threshold established in the ordinance (for example, less than the defined percentage of floor area or inventory) would be permitted without a variance.
