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Board denies daycare at 1722 S. 13th, citing play‑space safety in narrow alley

Board of Zoning Appeals for the City of Milwaukee · April 2, 2026
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Summary

City departments opposed locating an on‑site play area in a vacated, L‑shaped alley at 1722 S. 13th St., citing fire‑escape discharge, utility poles and dumpster locations; the board found the site failed to protect public health and safety and denied the application.

The Milwaukee Board of Zoning Appeals voted on April 2 to deny an application to operate a daycare at 1722 South 13th Street after city departments warned the proposed on‑site play area in a vacated alley posed significant safety hazards.

Department of Public Works said the narrow, L‑shaped alley contains fire escapes, exhaust vents, utility poles and overhead utility lines, and that the proposed play area appeared to be only about 11.3 feet wide according to county survey data — far narrower than the applicant’s submitted plan. "It is not clear that this space will be conducive or safe for child play," DPW said during the hearing. Neighborhood Services and DCD concurred, noting prior denials at the same space and concerns about dumpster placement and existing infrastructure.

Applicants told the board they are experienced childcare providers and that they had an architect prepare revised plans; the architect was unable to attend because of a family emergency. Board members repeatedly said the lack of accurate, dimensioned plans and the concentration of hazards — including a fire escape that would discharge into the proposed play area — made approval inappropriate. "I could not support those," one board member said of the plan.

After discussion the board found the criteria for the requested variances and special use had not been met, principally because the proposal did not adequately protect public health, safety and welfare. The motion to deny carried on a recorded voice vote.

The board suggested the applicant obtain revised, dimensioned plans, physically relocate dumpsters where necessary, and return with an architect or clearer documentation; several members said they were sympathetic to the applicant’s operating plan but believed the chosen site was unsuitable.