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Board splits on tobacco/e‑cigarette requests: one application adjourned, another approved due to prior establishment
Summary
The zoning board paused one tobacco/e‑cigarette retailer application to allow the applicant to revise his business plan and approved another location after staff documented the sitehad been used for tobacco sales before the citymoratorium and zoning changes.
MilwaukeeCity zoning officials and the Board of Zoning Appeals confronted the cityrecent policy changes on tobacco and e‑cigarette retail on April 3. Staff reiterated that the Common Counciladopted new zoning restrictions in June 2023 and imposed an earlier moratorium in February 2023 intended to limit the location and density of such stores near schools and play areas.
The board adjourned one case, a proposed tobacco/e‑cigarette retailer at 353825 N. 15th St. (applicant Timothy McCollum), after members said they wanted the applicant to revise his plan of operation so the board and city departments could clearly evaluate whether tobacco sales would be a primary focus or a small portion of a broader neighborhood market. DCD had urged caution, noting the councilordinance enacted in 2023 that restricts proximity to schools and other tobacco retailers.
In a separate case at 806 W. Layton Ave., DCD told the board that records and historical photos indicate a tobacco retailer operated in the storefronts before the Feb. 7, 2023 moratorium and before the June 2023 ordinance took effect. The alderman for the district confirmed she had contacted the adjacent school and Islamic center; neither objected. On that basis the board approved a time‑limited (10‑year) special use and variance at 806 W. Layton, and required the new owner to complete any outstanding electrical/occupancy inspections prior to continued operation.
Why it matters: The cityzoning changes were designed to curb youth access and the spread of flavored vaping products and to reduce clustering of tobacco outlets. Where a site has an apparent pre‑existing use that predates the moratorium or the ordinance, the board weighed that timeline in deciding whether to allow continuation under time‑limited approval. The adjourned case remains subject to zoning policy scrutiny.
Speakers (selected) - Timothy McCollum — applicant for N. 15th St. (adjourned) and asked for time to revise his plan of operation. - DCD representative — explained the June 2023 ordinance and the Feb. 7, 2023 moratorium, and recommended against approvals in most new instances; made an exception for the Layton Ave. site due to its historical timeline. - Ald. Speicher — reported he spoke with the nearby school and Islamic center, which did not object to the Layton Ave. location.
Provenance - Topic intro (adjourned 15th St. case): transcript block where Timothy McCollum presented his application and city staff explained the ordinance. - Topic finish (806 W. Layton): transcript blocks where DCD, the alderman and the board discussed the historical permitting timeline and approved the time‑limited variance.
What the board decided: One tobacco proposal was adjourned so the applicant could resubmit a plan of operation that clarifies what share of business will be tobacco sales; another location that appeared to have been legally established prior to the moratorium and ordinance was approved for 10 years with the condition that outstanding inspections and permits be completed.
Next steps: The adjourned applicant must submit a revised plan of operation addressing percentages of revenue from tobacco, proposed inventory mix and safeguards against underage sales. The approved Layton Ave. site must finish the outstanding electrical and occupancy items before the zoning office will finalize continued operation.
