Council limits zoning-official discretion and asks for outside legal review of land‑development rule changes under SB 250

PUNTA GORDA, Fla. — Punta Gorda councilors voted Wednesday to suspend unilateral variances and special‑exception approvals by the zoning official and to seek outside legal review about how recent state law changes (SB 250 and related interpretation) affect the city's land‑development rules.

The move followed a heated public discussion and council debate after a zoning official approved a storage‑unit use on U.S. 41 that some councilors and residents said appeared far larger than typical allowed uses. Councilmembers and residents questioned whether the zoning official’s authority to approve uses as “similar” had been applied too broadly. One councilmember said the approved project had a footprint four times larger than the “maximum” shown under the zoning standard and asked why the matter had not gone to council.

City planning staff said the zoning official’s 10 percent latitude and other code provisions had existed in both old and new land development regulations. Several council members said they want the provisions clarified. The council instructed staff to place the LDR review and zoning‑official authority as a topic for the land development regulations workshop so council and staff could consider code changes.

Separately, council members also discussed how to interpret SB 250 (and related state guidance) for parcels affected by recent storm damage. One council member sought a second legal opinion to confirm the city attorney’s reading that the state law applies to structures affected by storms in a particular way. Procurement staff said they would review whether the council could directly hire special counsel or if procurement rules required a competitive process. City Attorney Levin said his interpretation was consistent with standard rules of statutory construction and that most municipalities contracted for legal services; he also warned that reversing approvals could create liability if approvals had been lawfully issued and relied upon.

Council approved a motion to put zoning‑official latitude and related LDR interpretations on the workshop agenda and to ask procurement and staff to outline options for obtaining outside legal opinions if council directs it. An audio-recorded vote showed the motion passed 4–1.

Councilors asked staff to prepare the LDR materials, list specific code sections where zoning‑official discretion exists, and present options to limit or require council review of special exceptions and variances.