Wauwatosa Common Council Approves Mexican Restaurant

WAUWATOSA, WI— Wauwatosa will get a new Mexican Restaurant after all. The Common Council voted, 14-2, to approve the plans for the restaurant, with the caveat that the applicant comes back to the community affairs committee six months after the restaurant's opening for a review.

The proposal was 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.

According to a letter from Alan Kesner, city attorney, in response to a 2017 change in state law, the common council must pass a resolution that specifically states, on the record, the substantial evidence supporting its reasons for denial of the conditional use permit.

Ald. Matt Stippich said, "the resolution that we have in front of us, falls way short of establishing the conditions for which we would be able to deny this application."

Stippich said Dan Zierath is asking to operate a bar and restaurant and is willing to agree to every condition set.

"I don't think we have a case to be denying the application. The other items listed have to do with noise and garbage complaints about this property, which I don't believe rise to the level of a safety issue."

Ald. James Moldenhauer said the resolution that was passed by the community affairs committee to deny the application falls short of what's needed.

He added if the proposal was denied again by the Common Council, the applicant would have a strong case to be made in court.

Ald. Tim Hanson spoke about concerns with Dan Zierath's past conduct.

"He doesn't do things according to the laws of the city because he doesn't have to, he has contempt for the laws of the city," Hanson said.

Hanson added, Dan Zierath continues to "not comply with our ordinances, unless he feels compelled to do so."

Ald. Joel Tilleson who opposed the proposal previously, said he changed his mind due to an apologizing letter Dan Zierath sent to the Common Council.

Tilleson said the letter expresses regret over comments he has made about plans to open Jackson's Blue Ribbon in May 2020. Gov. Tony Evers had declared a safer-at-home order at the time. Zierath opted to not open after receiving backlash.

"I think that the evidence that we've gotten before us is substantial evidence, to use the legal term, suggests that those (bars) are not good establishments for this applicant to have in the city," Tilleson said.

In his letter, Zierath said the restaurant will be run for his daughters.

"The letter that he sent in seems to suggest that he's looking to turn a new leaf with the city," Tilleson said.

According to a Milwaukee Journal Sentinel report, a statement was released from attorney Brian Randall on behalf of Betsi, Gabbi and Dan Zierath. The statement said the Zierath Restaurant Group is "pleased" with the vote.

"While the approval process took much longer than we ever expected during these challenging times for everyone in the restaurant business, we appreciated the strong support that we received from the Plan Commission and many of the elected officials," the statement said.

"Several (alderpeople) showed strong leadership by looking closely at the relevant issues to ultimately support our small business like Wauwatosa has long been known to do. We are also grateful for the many neighbors and other community members who took the time to express their support," Milwaukee Journal Sentinel reported.

The proposal has received mixed reviews over the past few weeks.

The Community Affairs Committee voted 6-2 on April 13 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 based its decision on complaints about problems at Thirsty Duck and Jackson's and Dan Zierath's lack of responsiveness to the complaints.

There were also concerns at previous meetings regarding the potential inadequacy of parking and the condition of a fence at the back of the property.