BZA grants special exception to allow landscaping business outdoor storage after board removes immediate removal requirement

The Charlotte County Board of Zoning Appeals on Aug. 13 approved a special exception allowing Arturo’s Landscaping LLC to use 12833 Gulfstream Boulevard for a building trades contractor’s office with outdoor storage, subject to conditions that require screening, limits on materials and a one‑year timeline for preliminary approvals. The board deleted a staff-recommended condition that would have required immediate removal of existing outdoor storage prior to any approvals.

Staff presentation and compliance history: Sean Cullinan, planning zoning official, told the board the property (about 0.85 acres, four consolidated lots) had an active code‑enforcement case for outdoor storage and that staff generally requires removal of outdoor storage until required improvements and buffering are in place. Cullinan said the commercial general (CG) zoning category allows outdoor storage only by special exception and noted the county’s commercial design standards and the mandatory Type D landscape buffer that usually applies to outdoor storage areas. Staff’s preliminary opinion was that the use could be made compatible with the surrounding area if appropriate conditions (including a 6‑foot opaque fence and a Type D buffer) were imposed.

Applicant statement and legal counsel: Rob Bernsen, attorney for Arturo’s Landscaping, told the board the applicant had begun the special‑exception process and engaged civil engineers and planned required site improvements. Bernsen asked the board to remove the staff-proposed requirement that all existing outdoor storage be removed prior to approval (staff had noted code enforcement is complaint-driven and can work with applicants that demonstrate progress). Bernsen also requested extending the special‑exception term and permitting timeframes if removal condition were deleted; staff maintained the removal condition is standard to prevent ongoing unpermitted operations.

Board discussion and decision: After debate, the board voted 4–1 to approve the special exception while striking staff condition No. 8 (the explicit requirement that all existing outdoor storage be removed until a certificate of occupancy or final inspections are issued). The board adopted staff recommendations otherwise, including requirements that the use conform to the submitted concept plan, obtain all necessary permits (site plan, right‑of‑way access, vegetation removal, stormwater and landscape plan approvals), prohibit debris/heavy machinery/hazardous materials, construct a Type D buffer with a 6‑foot site‑obscuring fence around the site, cap stack height at 6 feet and ensure lighting is shielded. The board required the applicant to obtain preliminary site plan review within six months and final site plan review within one year, with other permitting and inspections to follow.

Why the change matters: Deleting the immediate‑removal condition means the applicant may continue limited operations on site while pursuing the permits and improvements, but the board retained multiple requirements and deadlines intended to ensure the site is brought into compliance and screened from public view. Staff and legal counsel noted that code enforcement retains authority to act if the applicant fails to make timely progress.

Next steps: The applicant must pursue site‑plan review, obtain required permits, construct the required buffers and comply with the one‑year preliminary/final permitting timeline agreed by the board. The BZA’s written order will reflect the conditions and deadlines.