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Milwaukee zoning board denies special use for proposed gas station at 1254 N. 35th St.
Summary
The Board of Zoning Appeals denied both the special use and dimensional variance for a proposed gas station at 1254 North 35th Street after extended testimony about a long history of nuisance complaints, police calls and shootings at the site and disagreement over whether conditions would be enforced.
The Milwaukee Board of Zoning Appeals voted Dec. 4 to deny a special use and associated dimensional variance for a proposed motor vehicle filling station and convenience store at 1254 North 35th Street.
Chair Eric Lundberg summarized the case as one with a substantial record: city departments reported an enforceable plan of operation but neighborhood testimony and historical police reports documented more than a decade of nuisance activity at the location. Lundberg said, “I frankly found this to be… as unsure as I have been on an item,” noting the conflict between a detailed plan of operation and the site’s troubled history.
Neighborhood leaders told the board they had previously pressed for enforcement and that earlier operators had been linked to repeated police responses. The current neighborhood president, Kate Riordan, and a prior president, Katie Hillock Ivory, differed in tone: Riordan presented cautious acceptance of the applicant’s new plan while Ivory emphasized ongoing concerns about past operations. Alderman Baumann told the board he is not opposed to the district having a gas station but said the record about this operator’s track record raised “big problems” for public health and safety.
After discussion, a board member moved to deny the special use, saying the evidence in the case file and the multiple hearings did not demonstrate that the proposal would protect public health, safety and welfare. The board voted in favor of denial; the board then voted to deny the related dimensional variance as well.
Board staff noted that certain operational safeguards (cameras, lighting, a neighborhood agreement incorporated into the plan of operation) had been offered by the applicant, and some members said those measures might mitigate problems if implemented. But a combination of the site’s long history of incidents and skepticism about long-term compliance led the majority to conclude the approval criteria had not been met.
Outcome and next steps: both the special use and the dimensional variance were denied by the Board of Zoning Appeals. The decision prevents a gas-station use from being reestablished at the site absent a substantially different application or successful appeal.
Speakers quoted or referenced in this article spoke at the Dec. 4 hearing and are included in the board record.
