BZA approves special exception for marine contractor with conditions; board narrows buffer and allows limited vehicles on site

The Charlotte County Board of Zoning Appeals on Aug. 13 granted a special exception to Florida Marine Works to allow outdoor storage and a building contractor’s office at 504 Tabor Street (Punta Gorda area), subject to a set of conditions that require perimeter screening limited to the outdoor‑storage area, a strict permitting timeline and limits on the vehicles that may remain on site during the compliance period.

Staff concerns and recommendation: Sean Cullinan, planning zoning official, presented a staff report that recommended denial, noting the subject lot is surrounded on all sides by residentially zoned parcels, that the nearest single‑family homes are less than 20 feet from areas used for outdoor storage, and that historical aerials and code‑enforcement records showed prolonged unpermitted storage and site clearing. Staff said outdoor storage, even when screened, is typically incompatible with adjacent residential uses and noted the property had an active code‑enforcement case dating from April 2024.

Applicant response and community input: Attorney Rob Bernsen said the applicant had cleaned the site significantly and proposed a concept that kept the residential building at the front of the lot and concentrated outdoor storage toward the rear with an engineered stormwater pond and an opaque perimeter wall for the storage area. Applicant John Sturm and supporting neighbors submitted letters attesting to ongoing improvements and neighborhood cooperation. Nearby residents spoke in opposition at the hearing, describing noise, heavy vehicle traffic on a narrow private road and damage to the roadway.

Board action and negotiated conditions: After extended discussion the board approved the special exception with conditions that were negotiated at the hearing. Key conditions included: limiting the required opaque wall and Type D buffer to the portion of the site used for outdoor storage (rather than around the entire parcel); prohibiting storage of debris, heavy machinery, semi‑trucks and hazardous materials; limiting heights of stacked materials to 6 feet; shielding exterior lighting; and requiring all applicable permits (site plan, SWFWMD/stormwater, right‑of‑way) within an agreed timetable. The board also modified the staff condition that would have required immediate removal of all outdoor storage: instead, the board allowed limited on‑site vehicles and equipment during the compliance period and specifically authorized up to three company trucks and three trailers to remain on site while the applicant pursues permits. The board set timeframes: preliminary site plan/after‑the‑fact environmental and right‑of‑way permits within six months, final site plan review within one year, and all permitting and inspections completed within two years. Code enforcement retains authority to act if the applicant fails to make timely progress.

Why it matters: Staff emphasized the unusual zoning pattern and proximity of residences to the site and recommended denial. The board’s approval reflects an effort to balance neighborhood impacts, code‑enforcement concerns and the applicant’s interest in continuing business operations while bringing the site into compliance.

Next steps: The applicant must complete the site improvements and required permits within the timeframes set by the board; staff and code enforcement will monitor compliance and may take enforcement action if progress is not timely.