Planner Sues Wauwatosa for Approving Storage Units in Walkable Downtown

Wauwatosa, WI. (Source: Flickr/djvass.)

On the edge of Wauwatosa’s Village (aka the city’s old town district) in Wisconsin, the former site of Western Building Products Inc. can’t seem to get a fresh start. Originally approved for a housing complex, the vacated structures were recently assigned a new fate: storage units. 

However, one Milwaukee local was not only disappointed by the new plans, but filed an appeal alleging they shouldn’t have been approved, in the first place. After being denied a hearing by the Board of Zoning Appeals, he petitioned the Milwaukee County Circuit Court to force one on May 2, 2023.

A planner by trade, Robin Palm’s involvement in local politics is a fairly recent development. With meetings thrust online during the pandemic, he could tune in from the comfort of his home and keep tabs on municipal activity. Over time, he noticed that plans to redevelop a vacant property adjacent to Wauwatosa’s Village were steadily falling apart. Those plans would have accommodated 525 apartments, extended the existing bicycle and pedestrian trail system, and connected the recently revitalized Village to the western half of the city, largely defined by a sprawling medical complex.

"I'm very excited about this project and the reuse of this property," Chris Leffler, the president of the Wauwatosa Village Business Improvement District, told the Milwaukee Journal Sentinel when the original plans were approved. "The use that is proposed here and the residential units are going to enhance and extend the village to the west, which I think is a terrific thing."

Residents, however, soon learned of the city’s intentions to forfeit trail connections and housing through a headline: “An affordable housing project fell through in Wauwatosa. Storage units are taking its place.” Baffled by this pivot, Palm began looking into how this new use—which appeared contrary to the interests and commitments of Wauwatosa—was approved. “At the time, you have the mayor and alderpersons emphasizing Wauwatosa’s need for more housing and housing affordability,” Palm noted. “So to me, it’s like: ‘Look if you’re serious, this is what not to do.’”

The more he looked into how 1300 N. Glenview Place was ceded to Hansen Storage Company, the more Palm was convinced that the conditional use permit shouldn’t have been granted. For example, the use contradicted the city’s Comprehensive Long Range Plan, on which grounds other applications, like a car wash back in March, have been denied. 

In the case of the proposed car wash, the meeting minutes thoroughly elucidated what standards were violated. Yet Palm noticed the same scrutiny was absent from the meeting during which the storage units were approved. “According to the law, substantial evidence must be provided to approve or deny the conditional use permit,” Palm reiterated.

This incongruity joined several others, including an alleged misrepresentation of what was to be approved on the site. The storage units, by Palm’s account, erroneously inherited a Planned Unit Development (PUD) zone from the tabled housing project. As a result, no uses outside of “multi-family units” were specified, which inaccurately reflects Hansen Storage Company’s plans for the site. Another is the argument that storage units adhered to a legal non-conforming use. According to Palm, legal non-conforming use is void if the structure in question has been vacant for a year and with 1300 N. Glenview Place standing empty for nearly three, he found the justification irrelevant.

For Palm, this legal battle is neither personal nor limited to Wauwatosa. “I have a unique responsibility as a planner to stand up for what’s right,” he said. “In the same way if you’re a lawyer, and you can identify when someone is trying to deceive you, it’s your obligation to say, ‘Hey this isn’t right.’”

He’s also not entirely alone in this fight. While the Council approved the storage units, the 8-to-5 vote was far from unanimous, especially considering absences. In fact, several alderpersons have since expressed disappointment that housing and a trail are completely off the table, preferring to wait for another opportunity rather than cede the site to storage for the next decade or two.

“Storage units make a ton of money, but they’re a cancerous land use.” Palm explained, adding that there are numerous “dead” factory spaces that could be similarly appropriated for this type of use without jeopardizing the development of an area “everybody wants to live in.” The site is also walking distance to a newly constructed elementary school and one of the city’s top-performing high schools.

The precedent this case could set for land use is crucial, but for Palm, following the laws and guidelines the city has created is equally important. He’s adamant that he’s not interested in subverting the will of the council or repudiating Wauwatosa’s zoning codes: “Why bother having these rules and laws if you won’t even follow them?”

He’s also not expecting the 545-unit housing complex to re-enter consideration. For Palm, a win looks appreciably more modest. He’s hopeful that if his argument is finally heard by the Board of Zoning Appeals, that those with the agency to reconsider what they’ve approved can and will do so, at least for the future. 

Additionally, while he’s fully prepared for the possibility that his appeal will be tossed out on a technicality or that the board will simply disagree with his argument, Palm believes there’s value in attempting to hold the city accountable. “There are few opportunities for public comment and accountability, and this will hopefully be one of them.”

Thanks to Regrid for sponsoring the upcoming Strong Towns National Gathering. Learn more about Regrid at regrid.com.

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