Contention has arisen surrounding a new student housing building proposal that could infringe on territory claimed by the University of Wisconsin, forcing a city committee to stall approving the beginning of construction on the property.
Joseph McCormick, owner of the building at 202-206 N. Brooks St., said he intends to replace the current student housing with a new five-story, 14-unit building.
The building would be used for student living, and includes 45 bedrooms and a parking area for bikes and scooters, accessible from Dayton Street.
McCormick said he has run into problems with UW, which he said claims it wants to build on the property itself at an unspecified time.
However, McCormick said the university has no plan at present to build on the site, but said it may in the next 10 or 20 years.
“I don’t think I can be expected to do nothing with my property until the university decides it wants to,” McCormick said. “It’s not really their property – not yet.”
Ron Trachtenberg, an attorney representing McCormick, said UW has a right to condemn these buildings and buy them for a fair value, which can be determined by trial.
He said the university is attempting to artificially condemn the property so that it may acquire the property itself at a future time at a lower value. He said this prevents the property owner from using the property to generate income.
“The university wants the city to reserve this site so at some point in the future it can use it at best and highest value,” Trachtenberg said.
McCormick added both buildings are dilapidated, and UW had the option to purchase the property from him, but it let the offer lapse in 2006.
Joe Lee, architect on the project, said the new residential building is being designed so that the north and west fa?ades have firewalls that would allow construction and expansion of university uses.
Lee said the Urban Design Commission gave favorable feedback to the proposal, and initial approval about a month ago. He said the proposal team wanted to present their ideas to the Plan Commission before seeking final approval from UDC.
Gary Brown, UW Director of Campus Planning, said the area of the proposal is well within the proposed 2005 Campus Development Plan boundary, which is also the basis for the 2008 Regent Street South Campus Plan.
The Regent Street Plan would implement academic and research facility construction in this area.
Brown said UW’s School of Education also wants to build on the block, although the plan is not in the university’s current six-year plan, which is updated every two years.
“We’re not suggesting the property owner cannot make changes to his property,” Brown said. “He’s let the property decline and decline and decline, to a point now that he says he has to do something about it.”
The university talks regularly with private property owners so they know where the university is headed with particular projects, Brown said.
However, Trachtenberg also said a private land owner has the right to develop a building within zoning code to its highest and best use.
The Plan Commission ultimately decided it needs the opinion of the city attorney to help clarify the legal implication of this issue before a final decision is made.
The proposal was referred to the next meeting, which will take place March 5.
