A Fight Over Historic Protection for Wisconsin Ave. Building

Millerand Apartments. Photo by Jeramey Jannene.

A W. Wisconsin Avenue apartment building built in 1925 was about to be granted temporary historic designation Wednesday on the basis of its role as an architecturally significant example of historic luxury apartments on the West Side and because of its connection to a prominent resident, architect Herbert Tullgren. Then an attorney was able to create enough procedural uncertainty that the Historic Preservation Commission (HPC) backed off.

The underlying reason the commission was pursuing the designation was because Milwaukee’s largest private landlord, Youssef “Joe” Berrada, purchased the property and has a history of aggressively modifying properties to standardize many of their features. But it took quite some time for someone to suggest that, or even mention Berrada by name.

The designation, effectively a 180-day injunction, would prevent any exterior modification to the eight-story Millerand Apartments, 3035 W. Wisconsin Ave., while additional research can be completed and a hearing held on a permanent designation. But Berrada’s attorney Richard Donner, of Reinhart Boerner Van Deuren, argued the commission was violating its own ordinance and by-laws, creating a due process issue and violating Berrada’s property rights.

A fingers-crossed holding pattern now exists until a February hearing can be held on a permanent designation, with Donner promising Berrada won’t modify the exterior in the interim.

Nominator James Dieter, who lives in a nearby mansion, nominated the Millerand and the surrounding buildings as a historic district. But he singled out the Millerand for the temporary, effectively emergency, protection.

HPC planner Andrew Stern said the Beaux Arts-style building has “gorgeous terra cotta work” and only one notable exterior modification, a new entryway. “The integrity is incredible on the building,” said Stern.

“Why is this one coming now?” asked commissioner Sally Peltz of Dieter.

“I don’t know if I should speak openly or not,” said Dieter about why he was motivated to target this building in particular.

“There is concern that there may be major alterations,” said commissioner and area alderman Robert Bauman, one of several people who danced around Berrada in the first half of the meeting.

“That’s an excellent answer,” said commissioner Matt Jarosz.

No one said Voldemort, nor Berrada, who purchased the building in March 2023 for $10.4 million.

But then opposition emerged.

Donner said the site report was only received one business day before the hearing and that the commission was prepared to make a decision without a permanent designation report, violating its by laws.

“There is a due process issue here with being able to review these materials and being able to comment,” said Donner.

“There are lots of things that are not working out here,” said the attorney, citing different notice requirements. “You need to follow your own rules.”

“This is how temporary designations have been done the entire seven years I have been here,” said senior HPC planner Tim Askin. Bauman said the City Attorney’s Office was invited, but declined to attend. Donner said it didn’t make sense to move forward without them.

Bauman said Berrada has been purchasing many buildings on the Near West Side and aggressively modifying them, including replacing windows and adding the Berrada-signature boulders. Multiple people suggested one could traverse W. Wells Street between 27th and 35th streets to see all the changes Berrada had made. Bauman said Berrada Properties now owns 90% of the multi-family buildings on the Near West Side.

“Many residents were, and remain, up in arms about the architectural defacement,” said Bauman. “I have neighbors who said they would never vote for me again because of Berrada’s modifications.”

The alderman said Berrada, in a prior phone call, verbally agreed to not modify the property, but “he could change his mind tomorrow.” Bauman said he had no role in Dieter’s nomination, a statement bolstered by the fact that Dieter has previously sued Bauman and the city over neighborhood issues.

But it was Bauman who suggested the commission ultimately hold off acting for the time being.

Donner waived his client’s public notice requirement in the event any modifications are made. Bauman said the commission could ram through a designation to shut down any work. “If he does a 180, I won’t be his attorney anymore,” said Donner.

A showdown is expected Feb. 5 over the permanent designation, with Donner indicating Berrada will likely employ expert witnesses in opposition. And the hearing may serve only as a precursor to a broader debate before a council committee, which must affirm any permanent designation and has reserved HPC decisions.

Photos

Related Legislation: File 231385