Wauwatosa Committee Rejects Mexican Restaurant Proposal Again

WAUWATOSA, WI—The Community Affairs Committee on Thursday again recommended denial of a conditional use permit for a Mexican restaurant to replace Thirsty Duck, citing a history of complaints from neighbors about problems at Thirsty Duck and a related tavern.

The committee voted 6-2 to deny a proposal by Dan Zierath and his daughters, Gabbi and Betsi Zierath, the sisters behind Elm Grove's popular restaurant, Zisters, for a modern and trendy Mexican restaurant called Hermanas to replace Thirsty Duck at 11320 W. Bluemound Road.

The sisters co-own Thirsty Duck, which closed in 2020, with Dan Zierath, who also owns Jackson's Blue Ribbon Pub. The committee based its decision on complaints about problems at Thirsty Duck and Jackson's and Dan Zierath's lack of responsiveness to the complaints.

The Wauwatosa Common Council previously denied the proposal in a 13-3 vote at its March 16 meeting. There were concerns among council members regarding the potential inadequacy of parking and the condition of a fence at the back of the property.

Aldermen Mike Morgan and James Moldenhauer voted to recommend approval at Thursday's meeting.

Police Calls, Neighbor Complaints

Wauwatosa Police Capt. Luke Vetter told the committee about the history of police calls at Thirsty Duck and Jackson's. Jackson’s Blue Ribbon at 11302 W. Bluemound Road had a total of 66 calls for service since Jan. 1, 2018, according to a police report attached to the meeting packet. Thirsty Duck had 38 total calls for service, according to the same report.

There have also been 162 parking complaints within a 350-foot radius of the two restaurants in the last three years. "Not all of those complaints are specifically related to those two restaurants; some could be related to nearby street parking," Vetter said.

A resident who identified himself only as "Nick" accused Dan Zierath of ignoring community complaints. "One of the problems we have run into is the lack of communication and lack of willingness by Dan Zierath to work with the neighbors on many of the issues the community is well aware of," he said.

Zierath failed to show up at a forum to discuss the issues, Nick said. "He has tried to not work with the neighbors over the issues happen, whether it is noise and garbage strewn around the neighborhood from patrons," he said.

Another resident who called herself "Tiffany" spoke against the proposal. "I'm not opposed to this being redeveloped but agree there should be conditions that should be met," she said.

She expressed concern about parking, noise and intoxicated patrons stopping her or catcalling her while she walked her dog.

"It's just a list of ongoing minor infractions of not following the regulations, and I think you heard from the neighbors that businesses should be a good neighbor and a good part of the neighborhood as well," Alderman Nancy Welch said.

Alderman Tim Hanson said he has received many comments from other neighbors, many concerned with the noise from the two different venues. Hanson said he personally witnessed Dan Zierath being told by police to turn down the music and watched him turn it back up after police left.

"It is totally disrespectful to our police department and the neighbors," Hanson said.

"He's expressed a disdain for government," Alderman Joel Tilleson. "He's expressed a disdain for local authorities, a disdain for regulative bodies. I think it's troublesome."

Dan Zierath called the committee's process "unfair." "Basically, I would just like to say how unfair I feel like this whole process has been," he said. "To hear allegations about me and my businesses and never having a chance to rebut has been very frustrating and unfair. I feel like anything other than a pat on the back from the city of Wauwatosa is also unfair."

Zierath said he turned both buildings into two successful businesses. "Now I'm being penalized for that, it was my goal the whole time. To make those spots as busy as they could be," he said.

The proposal next goes to Common Council for a full vote on April 20.