SOUTH TALLAHASSEE, FL (WTXL) — Developers have conditional approval on a plan to build a 73-unit apartment complex, but they still need a certificate of appropriateness — specifically required for "historically significant" properties — for demolition.
Its initial approval in April is now in question.
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City Attorney Amy Toman is recommending the Tallahassee-Leon County Architectural Review Board rehear the item at a new, properly noticed meeting.
In an email obtained by ABC 27, Toman says the board's April 1 vote to issue a certificate of appropriateness for the demolition wasn't properly noticed.
Toman cites Section 10-320(c)(4) of the Tallahassee Land Development Code, which requires notice of a meeting concerning such an application must be published in a newspaper of general circulation at least 15 days — but not more than 30 days — before the meeting.
While the historic preservation officer submitted the notice with enough lead time, the record shows it was published just 14 days before the April 1 meeting.
Toman acknowledged the recommendation carries some legal risk but said it's the safest path.
"While this recommendation could subject the ARB to a legal challenge, it is my opinion that it is the most legally defensible course of action based on the case law available," Toman said.
A similar issue was found for the board's May 6 meeting, which approved demolition permits for the Marshall House downtown.
Toman is also recommending those items be reconsidered at a new, properly noticed meeting.
Historic preservation advocate and operator of “Max AI Research” Max Epstein initially brought up complaints about the vote, as two empty seats on the review board remain unfilled.
"As a taxpayer here, we should have access to public records to know that our processes and laws are being followed," Epstein said.
The cigar factory has been a sticking point for Tallahassee preservationists who want to protect the history.
"There are a lot of people that care about these buildings here and our history in town, including me, who's Jewish, and to see one of our final links of our Jewish history, our first Jewish city commissioner. Now, Wahnish Way was renamed, which is fine, but we need to maintain our link to the past," Epstein said.
Epstein believes there's still room for compromise.
Commissioner Dianne Williams-Cox promised to meet with all parties to find common ground at the last city commission meeting.
While that process hasn't started just yet, she says the city attorney will bring an item back at its Dec. 9 meeting.
Between now and then, she says, nothing will happen to the building — no new permits and no demolition.
"But there's definitely a chance these developers can work with the city commission, they can new city commission, and come up with a plan, even with some public funding potentially, to make the project work," Epstein said.
No official meetings are scheduled yet to rehear either demolition. The Architectural Review Board's final regular meeting of the year is set for Dec. 2.
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