Waukesha YMCA Challenges Landmarks Decision on Former Gas Station

The Waukesha Family YMCA is challenging a Landmarks Commission ruling with the Administrative Review Board as it tries to undo the landmarks status of a former house-style gas station that it purchased more than a year ago.

The appeal, which was filed Oct. 12 in the office, is requesting an abolishment of the local landmark designation on the property. The Landmarks Commission had a tie vote earlier this month to rescind the landmark designation, but because it was a tie, the YMCA’s property remained a landmark.

“The YMCA, having made reasonable attempts in good faith to find and attract a buy of said property, but, by virtue of such designation, were unable to find a buyer willing to preserve such landmark or landmark site, requested the assistance of the commission to work with the Waukesha Family YMCA in good faith to locate a buyer for the property who is willing to abide by its designation,” the petition states. “The joint effort of the commission and the YMCA failed.”

The petition states that state law mandates that the Landmarks Commission was to rescind the designation.

“In direct contravention to the requirements of the ordinance, and in complete regard of clear and uncontroverted evidence presented at the hearing, the commission violated the mandate of the ordinance by refusing to rescind the designation,” the petition states.

The Waukesha Family YMCA is presenting affidavits – one from a prospective buy who was turned off by the landmarks status and one form a real estate broker who outlined the work the YMCA did to market the property – as proof that it worked to sell the property but was unable to find a buyer for the local landmark.”

The YMCA purchased the Bartles-Maguire Gas Station, 422 E. Broadway, 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.

The Landmarks Commission Some of the commissioners felt the asking price was too high. The fair market value, although the YMCA paid $152,500 for it last year, is $114,400.

The Landmarks Commission meets at 6:30 p.m. tonight at City Hall, 201 Delafield St., to discuss the commission’s desire to have an attorney represent the commission before the Administrative Review Board, a group of citizens who will hear the appeal from the Waukesha Family YMCA.

Amy Gilgenbach contributed to this report.