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Lecanto Sand says permit applications and zoning context complicate enforcement claims
Summary
Company counsel and the owner told commissioners parts of the Lecanto Sand property are already zoned for extractive use and that a mining permit has been applied for, asking the board for time to present staff correspondence and other evidence before litigation proceeds.
At the Aug. 17 special meeting, Lecanto Sand's representatives urged the board to consider the property's zoning and permit posture before pursuing court action.
Attorney Kyle Benda said the northern portion of the site has an extractive future land-use designation and that county staff had previously indicated historical mining and nonconforming uses. "The northern essentially half of the property is already zoned for mining... All that would be needed to do that is a mining permit. So, my clients have applied for a mining permit to do that," Benda said, adding he hoped to avoid litigation and to present a short evidentiary showing.
Owner Chris Carollo echoed that request, saying the company had prepared materials and intended to respond by the violation deadlines. The company argument framed at least part of the dispute as one over scope, permit status and historical use, not strictly an assertion of ongoing illicit operations; commissioners heard the company's position before voting to authorize legal action.
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