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Taylor County approves settlement clearing setback and code claims for Poncho Cantina & Grill with conditions
Summary
The board approved a conditional settlement that grants a variance for Poncho Cantina & Grill’s existing building footprint, requires structural certification and ABT licensing, and withdraws a pending variance appeal if the business satisfies a set of conditions within specified deadlines.
The Taylor County Board of County Commissioners voted to approve a negotiated settlement with Poncho Cantina & Grill that would resolve prior setback, sign and zoning objections to the restaurant’s existing building footprint provided a list of conditions is met.
County Attorney (unnamed) summarized the agreement, saying the county would grant “a variance for the setback encroachment of the structure to the extent of its current footprint as constructed” and attach required exhibits including the alcohol‑and‑beverage form and the business operations plan. The agreement conditions releases on: (1) county execution of the ABT form attached as Exhibit B; (2) county approval or deemed acceptance of a structural certification by a Florida‑licensed professional engineer; and (3) written confirmation approving the business operations plan (Exhibit C). The attorney said the county would review engineering certification and must state any written objections within 15 calendar days; if the county does not object in that period, the certification will be accepted.
Under the settlement Poncho must withdraw its pending variance appeal “with prejudice,” deliver structural certification and complete any required restroom and structural work or elect an alternate compliance measure described in the agreement. The agreement includes a 180‑day cure period (subject to mutual written extension) after execution for conditions to be satisfied; if not, the releases will not take effect and the parties retain their rights and remedies.
The agreement further states that if the county fails to satisfy its obligations Poncho may seek specific performance, injunctive relief and attorney fees under the contract’s enforcement provisions. The county attorney noted the settlement is governed by Florida law and specifies exclusive venue in the circuit court of the third judicial circuit in and for Taylor County, Florida, subject to the defendant’s right to remove to federal court.
Poncho’s attorney, Mr. Curtis, and county staff indicated the business is in agreement with the changes outlined in the draft. The board moved to approve the agreement; a roll call was taken and the motion carried. The board also directed staff to ensure the referenced exhibits (ABT form, business operations plan, and engineering documents) are attached and to track the 15‑day review deadlines and the 180‑day cure period.
The settlement clears the county’s primary past code objections only if the specified conditions are satisfied; it does not itself authorize alcohol service or other state‑regulated activity. The county attorney cautioned that state licensing (ABT) and any required state approvals remain prerequisites for alcohol sales and some operation elements.
