PUNTA GORDA, Fla. — The City of Punta Gorda wants the owner of three partially built duplexes to demolish the structures, nearly two years after a stop work order was placed on the construction of the buildings.
Watch Fox 4's Charlotte County Community Correspondent Alex Orenczuk report on permit problems between a builder and the City of Punta Gorda:
In Feb. 2022, Bill Morgan, owner of Lewis Maguire Homes, had three building permits approved by the city to begin the construction of three duplexes on Magdalina Drive in Punta Gorda. Morgan began construction and told FOX 4 his company spent over $750,000 on the projects before work was forced to a halt.
“Everything was okay, we had nine inspections out here from a zoning official, again giving us the go ahead and telling us to keep moving forward,” Morgan told FOX 4. “Then just days before the hurricane [Ian] we got a call from zoning and they said these properties aren’t zoned properly and we’re going to put a stop work order on your work there.
According to the city, the stop work orders were placed on the properties in Sept. of that year because the permits “were issued in error as the property is zoned General Single Family 3.5 units per acre (GS 3.5). The GS 3.5 zoning district permits single-family dwelling units, therefore, the permits issued are void, and work is to cease immediately.”
“I was shocked, I couldn’t believe it,” said Morgan.
The properties are just over 400 feet from a General Multi-Family-15 zone, where the duplexes would have been permissible. After receiving the stop work order, Morgan met with city manager Greg Murray who Morgan said would find an "equitable solution". Since then, the concrete foundation slabs of what would have been three duplexes have been left on Magdalina Drive
Morgan told FOX 4 that he has tried to work with city staff to find solutions including filling an errors and omissions claim with the city’s insurance (which was denied), rezoning the properties or adjusting the designs of the duplexes to be single family homes.
“The solutions that they have provided us are not equitable and they are not feasible,” said Morgan.
On Jul 8, 2024, after not finding a solution, the city notified Morgan that the foundations on the properties were considered abandoned and needed to be demolished within 60 days or the foundations would be subject to “demolition by the City with a lien for the cost thereof placed on the property.”
See the Abandonment Letter Below:
During a city council meeting on Aug. 21, City Attorney David Levin told council members that while the situation's optics are poor, legally the city is not responsible for helping Morgan find a solution and that “the law is very clear, that if we issue an unlawful permit, that permit is void from the start.”
See the Stop Work Orders and Magdalina Drive – Timeline Below:
Furthermore, when Fox 4 requested information on the Morgan’s property situation, Assistant City Manager Melissa Reichert said city staff had tried to work collaboratively with Morgan to rectify the situation, but he had been uncooperative in the process.
“While Mr. Morgan continually references an equitable solution that Mr. Murray proposed, that is inaccurate. Mr. Murray met with him and stated we were committed to FINDING an equitable solution. That process involves both parties.
As you will see, that started with an errors and omissions inquiry to our insurance company. They repeatedly requested additional information that was not provided and ultimately denied it. We then had several conversations and exchanges that also required engagement from both parties. When he became represented by an attorney, Mr. Murray’s involvement ceased as it was then a formal process through code, while still proposing solutions. Mr. Murray also explained that on the several calls we had.
Continuing forward, a rezoning application as well as other information was requested that was never received. It always comes back to what is the city going to do, yet we need the assistance of the property owner to make anything happen. We cannot unilaterally fix this. This is still a legal matter and for resolution we need to insure movement. Obviously, the last letter we sent did that. We do not have other tools until we receive information on the options presented/cooperation to execute some resolution.
We are happy to continue to move this forward, but ensuring legal sufficiency is paramount. That takes some cooperation, not just a vague demand or question. Mr. Murray is sure we would all like to see this resolved. Hopefully Mr. Morgan will help that happen.”
Morgan addressed the city council during its Sept. 4 meeting asking members to "act on Mr. Murray's promise of an equitable solution or proposal, take on and handle the rezoning process to neighborhood residential, and have Mr. Levin clarify what actions are available to the city council that they can legally take."
