Tommy Washbush
The proposed redevelopment site on State Street is next to Peace Park.
While members of Madison’s Plan Commission used their power to reject a proposed demolition of three historic, deteriorating buildings on the 400 block of State Street, there’s a catch — they don’t have the legal authority to force the current owner to save or renovate the buildings because the structures do not have landmark status.
“These buildings are probably now just going to sit there, and nothing is going to be put into them,” Ald. John Duncan said ahead of his vote at the March 25 meeting, where commissioners received a report from the developer about crumbling foundations, sagging floors, and water infiltration. JD McCormick Properties wants to demolish the buildings and build a six-story housing project on the site.
This is the second time the Plan Commission has rejected a demolition permit for the properties at 428-444 State St., which were determined by the Landmarks Commission to have historical significance. But because they are not designated landmarks or part of a historic district, the city can’t require repairs or declare “demolition by neglect,” as it has with other historic properties in poor condition.
The city used this tool about a decade ago after a redevelopment proposal from Steve Brown Apartments was rejected at 127 Gilman St. in the Mansion Hill historic district. A city of Madison Building Inspection Division report found that the building was heading for "demolition by neglect" and ordered repairs.
"It appears that the owner [is] attempting to allow the building [to] erode through neglect and plans on using deteriorated conditions as justification and support for demolition at [a] future date,” said the report.
Plan Commission member Nicole Solheim speculated at the March 25 meeting that something similar could be happening at the 400 block buildings, saying the poor conditions presented by the developer might be due to a lack of ongoing maintenance. “I know that it’s a lot of investment on the owner’s part, but that is part of purchasing a historic building,” she said.
In 2019, the city council upheld a determination of demolition by neglect at Suhr House, 121 Langdon St., which had been designated as a landmark in 1974. It was the city’s first official declaration of demolition by neglect.
Despite the potential for the property to remain empty and deteriorating, commissioner and former Ald. Patrick Heck tells Isthmus that preserving the buildings is a chance to maintain State Street’s tradition of smaller, local retailers and restaurants.
“I look at the 400 block in particular as an important block because it’s relatively intact and hasn’t been redeveloped much,” Heck says. “Other blocks of State Street have changed drastically — and mostly I think that’s okay at this point. But keeping some of State Street’s iconic nature is a good goal. My decision to make a motion to deny the application was a close call.”
A representative of JD McCormick told the Wisconsin State Journal the company was considering suing the city over the denial of the demolition permit. The developer could also appeal the decision to the city council, where it would need a two-thirds majority to be overturned, or apply again for a demolition permit and return to the Plan Commission.
