Punta Gorda owner given 120 days to resolve dispute over vehicle storage; zoning determination and appeal options explained

Property owner Mr. Fulham told the magistrate he has historical and documentary evidence that part of his 1‑acre parcel at 28088 Mitchell Avenue has been used for commercial storage and light vehicle operations. He supplied aerial photos, utility billing and other materials he said supported grandfathered commercial use.

County staff countered that the parcel is subject to current residential zoning standards and that continued outdoor vehicle storage or sales would require conditional‑use approvals, site plans and likely other conditions. The magistrate said the evidence presented suggested a possible claim for vested rights, but that the hearing record did not yet establish the full continuity of a lawful commercial use necessary to avoid enforcement.

The magistrate therefore entered an order finding the property in violation of residential code but gave the owner 120 days to either bring the property into residential compliance or pursue a zoning determination (or an appeal and, if necessary, a declaratory judgment in circuit court) to prove vested rights. The magistrate outlined the administrative path (zoning determination, Board of Zoning Appeals) and noted potential fees associated with appeals.

Owner comment: "I am looking to flip them at a profit," he said, explaining the nature of the vehicles on site. The magistrate emphasized that documentation (continuity of use, business tax receipts, site plans) would be essential to a successful vested‑rights claim.