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Politics & Government

Landmark Status Remains Unchanged for Former Filling Station in Waukesha

Commission deadlocked 4-4 on the issue involving Waukesha Family YMCA, but decision could be appealed.

In a packed room and after a long public hearing, the Waukesha Landmarks commission deadlocked and ultimately denied a request from the to rescind the landmark designation of a house-style gas station on the corner of Broadway Street and Harwell Avenue.

Voting 4-4, the commission was split on the issue, with half indicating they were not convinced that the YMCA made a good faith effort to sell the property with the designation, as required in the landmark ordinance regarding rescission.

However the YMCA presented two affidavits, one from a realtor and one from a potential buyer, in support of their position that they made a good faith effort to sell the property and the designation itself was preventing the sale.

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Stan Riffles, past president of the YMCA and attorney, urged the commission “to do its duty and rescind the designation.”

He said the YMCA has put forth in good faith effort to sell the property and despite the efforts of a long-standing realtor, it wasn’t able to be sold.

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“I presented two affidavits. I don’t know what else you want from us,” Riffles said, clearly frustrated.

The YMCA purchased the Bartles-Maguire Gas Station, 422 E. Broadway Ave., in May 2010 as part of its long-term redevelopment plan. However, after the purchase, the Landmark Commission designated the property a local landmark, without the YMCA’s consent and stalling the plans.

Most recently, the YMCA was asking $152,500 for the property, what it paid for the property in 2010 and lower than its original asking price of $159,900 earlier this summer. Because they haven’t received any “acceptable” offers, the YMCA is petitioning the commission to rescind the landmark status of the property.

A key point for commission members voting against rescission was what they considered a too-high asking price for the property, which indicated to them that the YMCA wasn’t working hard to sell the property in a depressed economy.

According to city ordinance, the owner may petition the commission for a rescission of the landmark designation if they can demonstrate that the designation prevents the owner from finding a buyer willing to preserve such landmark or landmark site.

The ordinance further states that the owner and the commission “shall work together in good faith to locate a buyer for the property who is willing to abide by its designation” and if no such buyer can be found, the commission “shall rescind its designation of the property.”

Riffles said he would be asking the Board of Appeals to review the issue.

Landmarks Commission Split on Decision

Commission Member Reginald Sprecher referred to a price comparison of other properties in the area compiled by Jo DeMars, who made what some called a lowball offer on the gas station property, saying that the comparison raised his eyebrows a bit.

“You have a property across the street, a much larger property with 2,200 square feet and an asking price of $149,900, and your property is 700 square feet. A reasonable person would look at that and go, ‘there is something wrong with that picture,’” Sprecher said. The property across the street sold for $139,900.

A factor in the decision was that the fair market value of the property was recently determined by the city assessor to be $114,400, according to documents from the city.

Riffles and Commission Member Mary Baer said that the two properties weren’t comparable because of zoning. The gas station property is zoned for auto sales, a prime zoning designation in the city because of its scarcity, and the other is commercial zoning, according to Baer.

Baer said she was voting for the rescission because it’s a black and white issue for her, just as approving the station’s landmark status was after the Y purchased the property.

“They’ve met the guidelines of the law and that it’s our responsibility to rescind this,” Baer said.

Commission Member Susan Dregne said that in her opinion the YMCA has put forward a better effort than others she has seen. Dregne voted to rescind the designation.

Other members didn’t agree.

“I think an effort was made on both the committee and on the part of the Y. Was it a full-fledged effort?" Commissioner Sally Hagen said. "… I would think that if they wanted to sell this building, they'd do what every other homeowner in the city has done and take a cut.”

Hagen also said she has seen very few rescissions of landmark status.

The Fight to Save the Building

A handful of people spoke at the public hearing in support of keeping the landmark designation, and the majority of others in the audience raised their hands when asked if they were there to support preserving the gas station.

Mary Emery of the Waukesha Preservation Alliance spoke in favor of keeping the landmark designation. WPA announced in August that the organization has collected over 525 signatureas and had received donations totaling $17,250 for the acquisition and preservation of the gas station.

“We have a roomful of people who are in support of this, the community is in support of this. We just need some more time,” Emery said.

The organization has commitments for in-kind donations from the labor organizations for rehab work on the property, should they be allowed to go through with their plans.

Audience member Allen Schultz, also a member of the Waukesha County Labor Council, said he lived in house next to the gas station in the 1950s and has a sentimental attachment to it.

“While we can’t all afford to jump in and buy it, many of us wish to keep it as it," Schultz said. "I don’t think that another 10 or 12 parking spaces is equal to the history that that filling station is.”

Emery said the WPA has reached out three times to the YMCA and hasn’t heard anything from them.

“I know that it’s a difficult situation that they are in. But they can donate the amount of money they were going to spend for demolition, the $10,000, and take that off the purchase price," Emery said. "That would help a little bit. ... Plus the money they were going to spend for the parking lot and green space. They could compromise here and that would make it closer to an acceptable purchase price."

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