Landmark status of Waukesha YMCA site depends on sale

By Laurel Walker of the Journal Sentinel

Waukesha - The Waukesha Family YMCA appears to have a way out of its dilemma over a landmark building it owns and had planned to demolish to make way for a proposed apartment project and parking ramp.

If the Y can't sell the landmark - something Executive Director Chris Becker said it's trying to do now - it can ask the city's Landmarks Commission to rescind the landmark status under a provision of city ordinance that seems to leave little leeway for denial.

The building in question is a small, Tudor-style structure that was built in 1929 as a gas station to resemble a home so as to blend in with the residential neighborhood. Later it was a fruit stand and used car lot, but it has been vacant many years.

The YMCA bought the building at Broadway and Hartwell Ave. in May 2010 for $152,500, along with two other adjacent homes, to clear the way for future development. In July, the city designated it a landmark, preventing its demolition. The Y lost an administrative appeal of that ruling. An appeal has been filed in circuit court but is "on hold," Becker said.

Instead, the Y listed the property with a real estate broker about March 1, Becker said, adding that there have been five showings in the past month. Although some consideration was given to having the building moved, both the lot and building are being offered for sale, he said.

In a memorandum discussed at a special Landmarks Commission meeting Monday, Assistant City Attorney Miles Eastman said if a good-faith effort to sell the property is made but it can't be sold because of the preservation requirements, the owner can petition to have the property's landmark status removed. After 60 days of the petition's filing, if a good-faith effort by both Landmarks Commission and the owner to find a buyer is unsuccessful, the commission must delist the property as a landmark.

Eastman wrote, "The law does not provide a bright line definition of the term 'good faith.' "

Reasonable efforts would probably include obtaining a broker and listing the property, showing it to interested buyers and advertising it for sale.

Becker said Tuesday that while a petition for removing the landmark designation is an option, "at this point we are committed to selling the property." He said the YMCA board will re-evaluate where it stands at the end of April and whether it wants to extend the search for a buyer.

Meanwhile, development plans for a 62-apartment project for mobility-impaired residents on the E. Broadway property are on hold.