Lakeland approves zoning change for new Lake Wire apartments. Will 1920s home be saved?

LAKELAND — Lakeland officials were split Monday about whether the need for downtown housing outweighed potential historic value of a Lake Wire home.

The commission voted 5-2 to approve a zoning change from C-1 Pedestrian Commercial to MF-22 Multifamily Residential for 401 W. Peachtree St. A two-story brick home on the site that was built in the 1920s, known as the "Emory Bryant Home," became focus of debate about whether it should be structurally preserved or cleared to make way for an apartment complex.

Property Owner 410 W Peachtree LLC, associated with developer Jason Lewis, has submitted plans to build 32 apartments overlooking Lake Wire. Preliminary plans are for a four-story structure containing a mix of 21 one-bedroom and 12 two-bedroom units with approximately 100 parking spaces.

"Mr. Lewis is one of the many developers who answered the call from the city to add additional dwelling units in the city as you seek to address the shortage due to the population increase that has happened in the past several years," attorney Tim Campbell said.

The building has been vacant for more than a decade since it last was home to Zohra's Lakeside Restaurant from 2006 to 2011. Campbell said the developer could have chosen, as a right, to demolish the home and its adjacent secondary building when he purchased the property.

"If someone sought to change the regulations to restrict that right ... there could be legal ramifications," he said.

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Campbell was referencing a state statute called the Bert Harris Private Property Rights Protection Act, which entitles property owners to compensation if they can show government action "inordinately burdens" their right to do as they please with the land.

The commission has approved three other housing developments off Lake Wire, and the properties immediately to the north and east of the site are already zoned for multi-family housing.

Chuck Barmby, the city's transportation and planning manager, said Friday the city received a copy of a 1992 application showing the site was eligible for the National Historic Register, but no effort was made to list it. No historic designation has been issued for the building, and it does not fall within any of the city's seven historic districts.

City staff have been in contact with Historic Lakeland, a nonprofit dedicated to protecting and preserving Lakeland's history, Barmby said, but there has been no push to preserve the house or place a historic designation on the structure.

"It's obviously a historical building. It's unfortunate that our historical society has not been proactive in seeking out these buildings, as opposed to being reactive," Commissioner Bill Read said, voting for the zoning change. "I think it's something that in the future they could come back and give us a list of buildings that need to be considered."

Campbell said Lewis has been reaching out to see whether any philanthropists or historical preservationists would be willing to relocate the structure.

Steve Boyington, principal of The Lunz Group in Lakeland, said Lewis has had several meetings with Lakeland developer Gregory Fancelli, whom he previously worked with to relocate a 1920s Craftsman bungalow-style home from Orange Street to Lime Street. Boyington said moving the 401 W. Peachtree St. house would be more difficult because it is built on a concrete slab, where the other building was raised.

Campbell said the developer is willing to hold a four-month window to allow other interested parties to come view the building and potentially move it to another site, provided the move can be completed in four months.

Commissioner Stephanie Madden asked to table the vote on the zoning change until she could confirm the history of the home. Madden failed to find support from other officials and eventually voted against the project.

Commissioner Sara Roberts McCarley voted against the project, saying she was concerned that developing more multifamily housing along Peachtree Street could impact traffic, as the road is used for a car line by Lawton Chiles Middle Adademy. McCarley said the commission often receives complaints from residents when they realize access to their new home is restricted during drop-off and pick-up times.

Sara-Megan Walsh can be reached at swalsh@theledger.com or 863-802-7545. Follow on Twitter @SaraWalshFL.

This article originally appeared on The Ledger: Lakeland approves apartments on Lake Wire where 1920s home stands