The Mid-Town Tosa neighborhood stood up and the Wauwatosa Common Council listened.

By a vote of 7-6, the council Tuesday rejected a motion to reconsider changing the zoning for the site of the proposed The Ruckus restaurant.

The motion was brought back to the council for the Feb. 21 meeting due to a procedural move by Alderman Joel Tilleson at the Feb. 7 council meeting. Tilleson made the motion after the zoning change was defeated by the council moments earlier. Council member Nancy Welch said if the motion holds that she will consider using the tactic in the future.

"It was not a delay tactic or something nefarious," Tilleson said. "I am disappointed this body did not give the public the discussion that was long overdue."

The proposed parcel at 8334 W. North Ave. has been dormant since a gas station closed over a year ago. The lot is currently zoned for residential use but the gas station was "grandfathered" and allowed to operate despite the property's zoning status.

Voting against the motion were council members Tim Hanson, James Moldenhauer, Bobby Pantuso, Nancy Welch, John Dubinski, Dennis McBride, and Michael Walsh.

Absent from the meeting were Jason Wilke, Allison Byrne and Jason Kofroth who had voted in favor of the zoning change Feb. 7. McBride said he voted against the motion because not all of his counterparts were present.

POLL: Did the common council make the right decision on the proposed Ruckus property?

"Had (the absent council members) been there the motion would have passed," Tilleson said. "The end result might not have changed but we would have had a broader discussion."

In previous meetings regarding the project, neighbors expressed concerns about things such as exhaust, parking, hours of operation and potential loss of property value. Colectivo is the developer looking to build the burger and custard stand in the MidTown Tosa location.

At this time it is unknown if the owners of Colectivo plan to explore other sites for the burger and ice cream stand.

"I hope we find another site for them," Tilleson said. "I'd be disappointed if this caused them to move (out of Wauwatosa)."

Last month Colectivo opened a The Ruckus location at 4144 N. Oakland Ave. in Shorewood.

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