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Magistrate denies 4-month extension, orders Villa del Lago LLC to stop unpermitted work and comply within 90 days
Summary
A Wellington special magistrate found substantial evidence that Villa del Lago LLC performed grading, drainage and paving work without approved permits, denied the owner's four-month extension request and ordered compliance within 90 days (by 2026-02-19), a daily $250 fine if unresolved, administrative costs and a cease-and-desist against further unpermitted work.
A special magistrate in Wellington on Nov. 20, 2025 upheld code-enforcement findings that Villa del Lago LLC proceeded with grading, drainage and paving work without an issued permit and denied the company’s request for a four-month extension.
Counsel Elizabeth Fernandez of Gonzales, Shankman & Buxton told the magistrate that the owner’s engineer, Eric Tannis, has been coordinating with village staff and that the owner needs time to evaluate two possible solutions — either abandoning or releasing an easement or proceeding with a replat. "We would be requesting a 4 month extension of time so that we can evaluate these options and work towards a compliant resolution," Fernandez said. Tannis said he was retained in November 2024 and that "the gate issue... prevented us from proceeding" with responses to comments and permit issuance.
Laurie Cohen, speaking for the Village of Wellington, told the magistrate the core problem was unpermitted work: "the property owner doesn't seem to understand that they can't do work without a permit." Cohen said the gate and columns are a separate matter and that abandoning easements would not cure the unpermitted grading, drainage and paving violations.
After hearing testimony, the magistrate said there was "substantial competent evidence to uphold the code enforcement officer's decision" and ordered the property brought into compliance within 90 days, setting the compliance date as Feb. 19, 2026. The order includes a daily reoccurring fine of $250 if the property remains noncompliant after that date, administrative costs of $16.90 to be paid within 30 days of the order, and a cease-and-desist order prohibiting further unpermitted work. A compliance hearing was scheduled for March 19, 2026.
The magistrate’s ruling notes that staff has already exchanged two rounds of comments with the property’s engineer and that the latest set of comments was returned on July 23. Village staff urged that no further work occur until plans are submitted and approved; counsel said the owner intends to comply and is seeking time to evaluate the replat/easement options.
Next steps: The owner must either secure the required permits and county approvals or pursue the property-side remedies Fernandez described, and the village will monitor compliance; fines will begin to accrue on Feb. 20, 2026 if work remains unpermitted.
