St. Cloud Council Deliberates Right to Farm Act Application

The St. Cloud City Council recently convened to deliberate on a contentious zoning dispute involving the use of barbed wire fencing and the presence of livestock on a property zoned for Highway business. The dispute centered around the Florida Right to Farm Act and whether it precluded the city from enforcing its development code. The case saw complex legal arguments and exchanges between the respondent’s counsel and city representatives, focusing on the property’s historical use, its current zoning, and the applicability of the Right to Farm Act.

The property at the heart of the debate was challenged for its use of barbed wire fencing and the presence of cattle, which are both prohibited under city codes without proper permits and zoning. The community compliance officer presented substantial evidence of the violations and sought to implement fines and corrective actions. However, the owner’s attorney argued for the property’s exemption under the Right to Farm Act, citing its historical agricultural use and challenging the city’s interpretation of its development code.

Furthermore, the city’s representative noted the absence of any evidence supporting commercial agricultural activity on the property. The city council wrestled with the intricacies of the law and the specifics of the zoning statutes, with both sides presenting their arguments and supporting evidence.

The debate also involved detailed scrutiny of the property’s zoning code, questioning whether livestock was explicitly listed as a prohibited use in the district the property was located in. This was critical to determine if the alleged violation should stand. The possibility of a continuance was suggested, allowing time to include all relevant sections in the dispute. The magistrate showed a preference for the parties to reach a resolution outside of a formal ruling.

In a related case, the City Council addressed a separate violation regarding an inoperable vehicle on a property on Pennsylvania Avenue. The community compliance officer recommended a verdict of violation against the property owner, who disputed the notices’ delivery and questioned the process’s efficacy. The owner’s concerns about the communication timeline and notice delivery address were aired, but the case concluded without immediate resolution.

Other cases included a property on California Avenue cited for an accumulation of items and an unpermitted above-ground pool. The magistrate ruled in favor of the city, imposing fines and ordering the respondent to rectify the violations by a set date. Similarly, a property on Jersey Avenue was found in compliance after initially being cited, and a property on Snail Kite Avenue faced fines for a business tax receipt violation, with the magistrate ultimately reducing the proposed fine.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Nathan Blackwell
City Council Officials:
Linette Matheny, Kolby Urban, Ken Gilbert, Shawn Fletcher

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