Magistrate allows construction‑storage use at North Washington lot but orders removal of unpermitted boats, motorhome and junk

A Sarasota magistrate ruled on a code enforcement case over outdoor storage at a North Washington Boulevard parcel, allowing construction and contractor storage to remain while ordering removal of items she found were not permitted uses.

The magistrate said the property's prevailing industrial character and testimony that construction materials and containers are used for the owner's business justified allowing contractor/construction storage but drew a line at certain items on the site. She ordered non‑business boats, an oversized "duck boat," a motorhome and other junk to be removed from the parcel within 60 days and set a compliance review for June 25.

Why it matters: The decision separates items tied to a lawful construction/storage operation from personal or unrelated property the magistrate said are outside zoning allowances. The ruling affects how the city will enforce accessory‑use rules and nonconforming‑use claims when primary businesses move or change jurisdiction.

The city argued at the hearing that it had met its burden under the land development code to show the parcel was being used for unpermitted outdoor storage. "This is a quasi‑judicial hearing that the city does bear the burden of proving the violation by competent substantial evidence," the city attorney told the magistrate, noting the record lacked a business tax receipt for the cited parcel and showed an increase in stored materials over time.

Respondent counsel countered that the owner had a long history of industrial and storage activity tied to related properties and projects, and that evidence cited by the city reflected intermittent changes in intensity rather than a legally relevant abandonment. "His testimony was that he's been using it since 1986," the respondent's attorney said in closing.

The magistrate found the record showed the site is in an industrial area and that construction materials, shipping containers for construction equipment and vehicles demonstrably used in the owner's Thoroughbred Motors activities could remain as legitimate storage. But she said other items could not be sustained as either a primary permitted use or a lawful nonconforming accessory use.

The order includes practical compliance steps. The magistrate instructed the city to accompany the owner for a site inventory within a short window and required the owner to provide vehicle identification numbers for vehicles he represents are held for sale by his business upon reasonable demand. The magistrate also carved out an exception for Enterprise leasehold parking after noting that Enterprise's operations are separately located and were not before the court.

The magistrate gave the respondent 60 days to remove items the ruling deemed unpermitted and told the respondent's counsel to prepare a written order and submit it to city staff within 15 days. "Stop being a pack rat," the magistrate told the property owner during the hearing, adding that not everything on the lot qualifies as a business asset.

What's next: The court will reconvene on June 25 to review compliance. If the owner removes the identified items or secures the required permits and approvals for any retained structures or uses, the city will then assess whether additional site plan or buffer requirements apply under the land development code.

Speakers quoted in this article are drawn from the hearing record (magistrate, city attorney, respondent counsel, and the respondent).