Commission flags 219 North Maple auction disclosure and COA implications

Chair John Sampen raised concerns about 219 North Maple Street, a building in the local historic district that is scheduled for auction in December and whose disclosure form indicated the property was not in a historic district.

Heather (planning staff) said the city had previously sent a notification letter to the auctioneer about the strict overlay zone and that she would send the commission a photo of the disclosure form showing the box checked "no." Commissioners discussed the risk that a purchaser who lacked notice might claim bona fide purchaser protections; Ryan Rothenbuehler noted there is a potential legal argument for a purchaser who was not put on notice (bona fide purchaser), though staff said timing and details would affect any claim.

Members agreed staff should follow up with the auctioneer to request correction of the disclosure and to supply precise wording for any outreach. Chair Sampen asked staff to coordinate wording with Commissioner Rothenbuehler and to keep the commission informed before the auction.

The commission also discussed Certificates of Appropriateness (COA) requirements that would apply to any proposed exterior changes at the property once a buyer is in place: demolitions and exterior improvements in the historic district require commission review, and commissioners reviewed ordinance language about repairing versus replacing deteriorated historic features and the requirement that replacement features match the original in design, color and texture where replacement is necessary.

No enforcement action or formal complaint was recorded at the meeting; commissioners limited the outcome to staff follow-up and coordination ahead of the auction.