Pre-Agenda City Council

MEMBERS Debi Lux, Mayor Melissa Lockhart, Councilmember Jeannine Polk, Vice Mayor Janis Denton, Councilmember Greg Julian, Councilmember CITY OFFICIALS Melissa Reichert, City Manager Sara Welch, City Clerk Steven S. Leskovich, City Attorney CALL TO ORDER Roll Call Invocation Pledge of Allegiance Announcements Next Meeting - April 22, 2026, Regular City Council Meeting at 9am at Laishley Community Room AGENDA APPROVAL 1. PROCLAMATIONS / PRESENTATIONS 1.a Donate Life Month 1.b National Telecommunications Week 1.c Parliamentary Law Month 1.d Recognition of Sales Tax Committee and City Staff 1.e Mayor's Ambassador Award 1.f Service Award 1.g Recognition of Water Plant Operations Excellence Award 1.h Recognition of the 2026 ENGAGE Innovation Award 2. PUBLIC INPUT CITY COUNCIL AGENDA 120 LAISHLEY COURT, PUNTA GORDA, FLORIDA 33950 ********AMENDED******** APRIL 8, 2026, 9:00 AM 1

2.a Those wishing to introduce themselves as nominees for a board or committee may do so at this time. Those who choose to speak must state their name for the record. 2.b Anyone wishing to address the Council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. 3. PUBLIC HEARING AGENDA (Quasi-Judicial and Legislative) 3.a QUASI-JUDICIAL: V-07-2025 - 312 Sullivan Street - A request by Sofia Gardi, Authorized Agent on behalf of Michael T. Heiderman, Authorized Applicant as Manager of 312 Sullivan, LLC, Property Owner, for a variance pursuant to Section 16.10, Chapter 26, Land Development Regulations, Punta Gorda Code, from Chapter 26, Section 3.9(c)(7) to allow a rounded average of one to one ratio commercial area to residential area instead of the required two to one ratio, and from Chapter 26, Section 4.23(a), to allow the existing building to remain as a one-story structure instead of the required two stories for a mixed use building, located at 312 Sullivan Street, Punta Gorda, Florida 33950. 4. ORDINANCES / RESOLUTIONS (No Public Hearing Required) 4.a A resolution of the City Council of the City of Punta Gorda, Florida, accepting a bill of sale, release of lien/affidavit of no liens, and utility easements, from Punta Gorda Acquisitions II, LLC, and warranty from Earthtech Enterprises Inc., for water and wastewater facilities at the development known as Punta Gorda Commons located at US 17 and Piper Rd; providing for conflicts and severability; and providing an effective date. 4.b A Resolution of the City of Punta Gorda, Florida, approving maintenance Agreement No.: BEJ85 (FM NO.: 432729-1-78-18) with the Florida Department of Transportation for City Maintenance of FDOT Highways within the City limits; authorizing the Mayor to execute the agreement on behalf of the City; and providing an effective date. 4.c Resolution and FDOT LAP Agreement for Alligator Creek Pedestrian Bridge design and engineering 5. CONSENT AGENDA 5.a March 9, 2026, City Council Pre-Agenda Meeting Minutes 5.b March 11, 2026, City Council Meeting Minutes 5.c Invoice of Persson, Cohen & Mooney, P.A. for legal services rendered through March 4, 2026, in the amount of $1,499.40. 5.d Demolition Permits Update 6. REGULAR AGENDA 6.a Peace River Wildlife Center Fourth Amendment to Ground Lease 6.b Local Government Area of Opportunity and Request for Applications 6.c Award of Amendment to Parker Mudgett Smith Architects, Inc, for Historic Preservation of City Hall Improvements. 2

6.d Application and Permit Approval Periods 6.e Discussion regarding Allowable Travel Van Length 6.f Florida Department of TransportationTraffic Signal Maintenance and Compensation Agreement (TSMCA) with the City of Punta Gorda 6.g Travel Request: Florida League of Cities 2026 Leadership Class 6.h Council Policies Review: Rules of Procedure and Public Access 6.i Project Updates 7. BOARDS / COMMITTEE 7.a Announcement of Vacancies: Building Board (1 alternate) 7.b Announcement of Vacancies: Burnt Store Isles Canal Advisory Committee (1 regular and 1 alternate) 7.c Announcement of Vacancies: Code Enforcement Board (1 regular and 2 alternate) 7.d Nominations: Board of Zoning Appeals (1 alternate) 7.e Nominations: Utility Advisory Board (1 alternate) 8. REPORTS FROM CITY OFFICERS 8.a City Clerk 8.b City Manager 8.c City Attorney 9. COUNCIL MEMBER COMMENTS 10. PUBLIC INPUT 10.a Anyone wishing to address the Council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. ADJOURNMENT If any person decides to appeal any decision made by City Council or an Advisory Board/Committee with respect to any matter considered at the meeting or hearing, he or she may need a record of the proceedings, and for such purpose he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Florida Statute 286.26, the location of this public hearing is accessible to persons with disabilities. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Interpreters for the hearing impaired (TTY 941-575-5013) or non-English speaking citizens, and any other special accommodations can be requested by contacting the Human 3

Resources Manager/Non-Discrimination Coordinator whose address is 326 W. Marion Avenue, Punta Gorda, FL 33950, whose telephone number is (941) 575-3371, and whose email address is humres@pgorda.us at least two (2) calendars days prior to the meeting. 4

Title: Donate Life Month Funds: Not applicable. Recommended Action: Present the proclamation, which will be accepted by Jack Moses, LifeLink Foundation. Summary: The proclamation declares April 2026 to be Donate Life Month. Department/Division: City Clerk CITY COUNCIL CITY OF PUNTA GORDA 04/ 8/2026 PROCLAMATIONS / PRESENTATIONS EXHIBITS: 1. Donate Life Month 5

PROCLAMATION City of Punta Gorda, Florida WHEREAS, one of the most meaningful gifts that a human being can bestow upon another is the gift of life; and WHEREAS, over 105,000 men, women and children are currently on the national waiting list for organ transplantation, of which over 6,000 reside in Florida; and WHEREAS, 49,065, a historic number of organ transplants, occurred in 2025 in the United States thanks to the generosity of 23,787 deceased and living donors; and WHEREAS, more than 2.5 million people throughout the country and in Florida benefit annually from tissue transplantation thanks to thousands of tissue donors; and WHEREAS, the need for organ, eye, and tissue donation remains critical as a new patient is added to the national waiting list for an organ transplant every 8 minutes and each day roughly 16 people die due to the lack of available organs; and WHEREAS, more than 10 million Floridians have already registered their decision to give the Gift of Life through organ and tissue donation at www.DonateLifeFlorida.org or on their driver license. NOW, THEREFORE, the City Council of the City of Punta Gorda, Florida does hereby proclaim April 2026 as Donate Life Month in the City of Punta Gorda and encourages all citizens to consider leaving an infinite legacy through organ donation and to sign up at MyStoryContinues.com or when renewing their driver license or state identification card. PASSED AND DULY ADOPTED in regular session this 8th day of April, 2026. CITY OF PUNTA GORDA, FLORIDA ______________________________ Deborah O. Lux, Mayor ATTEST: ______________________________ Sara Welch, City Clerk 6

Title: National Telecommunications Week Funds: Not applicable. Recommended Action: Present the proclamation, which will be accepted by Police Chief Pam Smith. Summary: The proclamation declares April 12 through April 18, 2026, to be National Telecommunicators Week. Department/Division: City Clerk CITY COUNCIL CITY OF PUNTA GORDA 04/ 8/2026 PROCLAMATIONS / PRESENTATIONS EXHIBITS: 1. National Telecommunicators Week 7

PROCLAMATION City of Punta Gorda WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services. When an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of the information obtained from citizens who telephone the Punta Gorda Police Communications Center; and WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services. They are the vital link for monitoring police officer and firefighter activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Telecommunicators contribute substantially to the apprehension of criminals, suppression of fires and treatment of patients while also exhibiting compassion, understanding and professionalism during the performance of their job; and WHEREAS, in Fiscal Year 2025, Punta Gorda’s Telecommunicators processed 47,483 calls, including 9,632 9-1-1- emergency calls, contributing to a police officer average response time of four minutes and thirty-one seconds for all calls. NOW, THEREFORE, the City Council of the City of Punta Gorda, Florida does hereby proclaim the 12th through the 18th of April 2026, as National Telecommunicators Week in the City of Punta Gorda and does hereby honor all of the men and women whose diligence and professionalism keep our City and citizens safe. PASSED AND DULY ADOPTED this 8th day of April 2026. CITY OF PUNTA GORDA, FLORIDA __________________________ Dr. Deborah O. Lux, Mayor ATTEST: ______________________ Sara Welch, City Clerk 8

Title: Parliamentary Law Month Funds: Not applicable. Recommended Action: The proclamation be presented to Shirley Castonguay, President of the Charlotte County Parliamentarians Unit. Summary: The proclamation declares April 2026 to be Parliamentary Law Month. Department/Division: City Clerk CITY COUNCIL CITY OF PUNTA GORDA 04/ 8/2026 PROCLAMATIONS / PRESENTATIONS EXHIBITS: 1. Parliamentary Law Month 2026 9

PROCLAMATION City of Punta Gorda WHEREAS, in this the birth month of Thomas Jefferson, author of the first American manual of parliamentary procedure in 1801, it is fitting that we honor him and reflect upon the importance of parliamentary procedure in democratic organizations; and WHEREAS, on the eve of the birth month of Henry Martyn Robert, author of Robert’s Rules of Order, first published in 1876, it is an appropriate time to honor him and to celebrate his contributions to the field of parliamentary procedure; and WHEREAS, Robert’s Rules of Order Newly Revised is the most widely recognized and used parliamentary authority in public and private organizations throughout the world; and WHEREAS, it is timely to reflect on the importance of parliamentary procedure in meetings in providing for civil discourse, protecting individual rights, ensuring fairness, and maintaining order; and WHEREAS, the National Association of Parliamentarians has, by adoption of a standing rule, designated the month of April as Parliamentary Law Month; and WHEREAS, the National Association of Parliamentarians is committed to educating leaders throughout the world in effective and fair meeting management through the use of parliamentary procedure; and WHEREAS, the National Association of Parliamentarians is globally recognized as the premier provider of parliamentary leadership whose mission it is to provide education and resources to enable efficient and democratic decision making through the effective use of parliamentary procedure. NOW, THEREFORE, the City Council of the City of Punta Gorda, Florida does hereby proclaim April 2026, as Parliamentary Law Month and encourages residents to appreciate the importance of parliamentary procedure in ensuring fair, democratic decision making that balances the rights of the majority and minority. PASSED AND DULY ADOPTED this 8th day of April 2026. CITY OF PUNTA GORDA, FLORIDA __________________________ Dr. Deborah O. Lux, Mayor ATTEST: ______________________ Sara Welch, City Clerk 10

Title: Recognition of Sales Tax Committee and City Staff Funds: Not applicable. Recommended Action: City Manager Reichert and City Clerk Sara Welch will recognize the efforts of this year's Sales Tax Committee members and City staff from the Urban Design, Finance, and other departments for their work on the 2026 1% Local Option Sales Tax Program projects for Council consideration. Summary: The proclamation declares gratitude for the 1% Local Sales Tax Committee's and support staff's work. Department/Division: City Clerk CITY COUNCIL CITY OF PUNTA GORDA 04/ 8/2026 PROCLAMATIONS / PRESENTATIONS EXHIBITS: 1. 1% Local Sales Tax Committee 11

PROCLAMATION City of Punta Gorda WHEREAS, the City of Punta Gorda is committed to maintaining and enhancing the quality of life for its residents through the strategic development of capital infrastructure and community projects; and WHEREAS, the City established the 1% Local Sales Tax Committee to serve as a vital citizen-led body tasked with the significant responsibility of reviewing, evaluating, and prioritizing potential projects for funding through an extension of the 1% Local Option Sales Tax Program; and WHEREAS, this Committee, comprised of 17 dedicated community members, invested many hours of their personal time to examine 50 diverse project proposals, ensuring that the recommended slate aligns with the long-term interests and needs of our City; and WHEREAS, the success of this comprehensive review process was bolstered by dedicated City staff from all departments, whose collaborative spirit, technical expertise, and commitment to transparency ensured that the public and the Committee were provided with accurate, thorough information; and WHEREAS, the 1% Local Option Sales Tax represents a critical funding mechanism that allows both residents and visitors to contribute to the infrastructure they utilize, providing essential support for roads, facilities, and public services without placing the entire burden on local property owners; and WHEREAS, the diligent efforts and thoughtful recommendations of this Committee have provided a clear roadmap for the continued growth and prosperity of Punta Gorda, demonstrating the power of civic engagement and collaborative governance. NOW, THEREFORE, the City Council of the City of Punta Gorda, Florida does hereby proclaim our deepest appreciation for and sincere thanks to the City of Punta Gorda 1% Local Sales Tax Committee and Staff for their exceptional service, integrity, and dedication to the future of our Harborside Hometown. Their collective contributions help ensure that our community remains a vibrant and well-maintained place for all who live, work, and visit here. PASSED AND DULY ADOPTED this 8th day of April 2026. CITY OF PUNTA GORDA, FLORIDA __________________________ Dr. Deborah O. Lux, Mayor ATTEST: ______________________ Sara Welch, City Clerk 12

Title: Mayor's Ambassador Award Funds: Recommended Action: Mayor Lux present the award to the Rotary Club of Punta Gorda. Summary: Mayor Lux will be presenting the Mayor's Award to Rotary Club of Punta Gorda Department/Division: City Manager CITY COUNCIL CITY OF PUNTA GORDA 04/ 8/2026 PROCLAMATIONS / PRESENTATIONS EXHIBITS: 13

Title: Service Award Funds: Recommended Action: Summary: 5 Year Service Award - Matthew Webb, Cross Connection Control Coordinator, Water Distribution, Utilities Department/Division: City Manager CITY COUNCIL CITY OF PUNTA GORDA 04/ 8/2026 PROCLAMATIONS / PRESENTATIONS EXHIBITS: 14

Title: Recognition of Water Plant Operations Excellence Award Funds: Not applicable Recommended Action: City Manager Reichert and Utilities Director Tom Spencer will recognize City staff from the Water Treatment Plant for receiving the Florida Department Of Environmental Protection 2025 Water Plant Operations Excellence Award Summary: The Florida Department Of Environmental Protection has selected the City of Punta Gorda Utilities to receive the 2025 Water Plant Operations Excellence Award in recognition of outstanding treatment plant operation, maintenance, and compliance for Medium Community Water System Facility Department/Division: Utilities CITY COUNCIL CITY OF PUNTA GORDA 04/ 8/2026 PROCLAMATIONS / PRESENTATIONS EXHIBITS: 15

Title: Recognition of the 2026 ENGAGE Innovation Award Funds: Recommended Action: City Manager Reichert and Interim IT Manager Alicia Oates will recognize City staff from the IT Department for receiving the 2026 ENGAGE Innovation Award Summary: The City of Punta Gorda is the 2026 ENGAGE Innovation Award winner for pushing the boundaries of what technology can achieve through adaptive, GIS driven problem solving. After repeated storm damage compromised their Advanced Metering Infrastructure system, the city refused to let service delays or data gaps impact residents. Instead, staff transformed CentralSquare solutions into a resilient, real time alternative, integrating GIS field maps to capture meter and asset data directly onsite. Through close collaboration across IT, Utilities, and Billing, the City created a workflow that validates, uploads, and synchronizes data seamlessly into utility billing, ensuring uninterrupted cycles, precise information, and faster customer support. Today, this scalable innovation supports more than 14,000 meters, reduces manual entry by 90 percent, and saves over 54 hours each month. With more than 100,000 meter reads already processed, the city has proven that hero grade innovation is defined by adaptability, collaboration, and measurable community impact. Department/Division: City Manager CITY COUNCIL CITY OF PUNTA GORDA 04/ 8/2026 PROCLAMATIONS / PRESENTATIONS EXHIBITS: 16

Title: QUASI-JUDICIAL: V-07-2025 - 312 Sullivan Street - A request by Sofia Gardi, Authorized Agent on behalf of Michael T. Heiderman, Authorized Applicant as Manager of 312 Sullivan, LLC, Property Owner, for a variance pursuant to Section 16.10, Chapter 26, Land Development Regulations, Punta Gorda Code, from Chapter 26, Section 3.9(c)(7) to allow a rounded average of one to one ratio commercial area to residential area instead of the required two to one ratio, and from Chapter 26, Section 4.23(a), to allow the existing building to remain as a one-story structure instead of the required two stories for a mixed use building, located at 312 Sullivan Street, Punta Gorda, Florida 33950. Funds: Not applicable. Recommended Action: Approval of the request for a variance with inclusion of staff's conditions. Summary: The applicant has requested a variance for the property located at 312 Sullivan Street for an interior remodel, to allow residential and office space on the ground floor without a retail use and allow an average ratio of 1:1 commercial to residential use. Interior remodels do not require a Certificate of Appropriateness; however, the Land Development Regulations would require the applicant to add a second story to the structure, potentially materially changing the exterior character of the historic structure. Section 3.14(i) of Chapter 26, the Land Development Regulations (LDRs), Punta Gorda Code, requires all variance applications for properties located within a historic district to come before the City of Punta Gorda Historic Preservation Advisory Board (HPAB); as such, the application was heard by the HPAB on February 26, 2026, which unanimously recommended approval of the variance request. The minutes and recommendation from the Board of Zoning Appeals will be provided following the March 27, 2026, meeting. Staff recommends approval of the request. Department/Division: Urban Design CITY COUNCIL CITY OF PUNTA GORDA 04/ 8/2026 PUBLIC HEARING AGENDA (Quasi-Judicial and Legislative) EXHIBITS: 1. V-07-2025 - 312 Sullivan Street - Staff Report 17

2. V-07-2025 - 312 Sullivan Street - Application 18

V-07-2025 Staff Report City Council | April 8, 2026 Page 1 of 11 APPLICATION FOR VARIANCE STAFF REPORT TO: City Council, City of Punta Gorda FROM: Rachel Barry, Zoning Official Date: April 8, 2026 RE: V-07-2025 – 312 Sullivan Street Applicant Request: V-07-2025 A request by Sofia Gardi, Authorized Agent on behalf of Michael T. Heiderman, Authorized Applicant as Manager of 312 Sullivan, LLC, Property Owner, for a Variance pursuant to Section 16.10, Chapter 26, Land Development Regulations, Punta Gorda Code, from Chapter 26, Section 3.9(c)(7), to allow a rounded average of one to one ratio commercial area to residential area instead of the required two to one ratio, and from Chapter 26, Section 4.23(a), to allow the existing building to remain as a one-story structure instead of the required two stories for a mixed use building, located at 312 Sullivan Street, Punta Gorda, Florida 33950. Hearing Minutes and Board Recommendation(s): The subject property is listed on the Florida Master Site File (Site ID No. CH00317) and is a contributing structure within the National Register Historic District. Section 3.14(i) of Chapter 26, Land Development Regulations (LDRs), Punta Gorda Code, requires all variance applications within a historic district to come before the City of Punta Gorda Historic Preservation Advisory Board (HPAB). As such, the application was heard by the HPAB on February 26, 2026, which unanimously recommended approval of the variance request. The application was heard before the City of Punta Gorda Board of Zoning Appeals on March 27, 2026, meeting, who found that the request was consistent with the City of Punta Gorda Comprehensive Plan and voted unanimously to recommend approval of the request. 19

V-07-2025 Staff Report City Council | April 8, 2026 Page 2 of 11 Supplemental Material/Issue Analysis Report: The subject property, located at 312 Sullivan Street, Punta Gorda, Florida 33950, and otherwise identified by the Charlotte County Property Appraiser as parcel 412306381004, is located within the City Center (CC) District, and has a Downtown Future Land Use designation. The applicant is proposing an interior remodel to allow a mixed-use building containing office and residential uses, the design of which was permitted at the time of purchase but is no longer permitted as of July 9, 2025, when the current Land Development Regulations (LDRs) were reimplemented. Pursuant to Section 3.9(c)(7) of the LDRs, mixed-use buildings are Uses Permitted with Conditions within the City Center District, and require an interior ratio of two to one non- residential to residential floor area. Section 4.23, Mixed Use Buildings, of the LDRs contains a condition that all mixed-use buildings have at least two occupiable stories with a requirement for retail on the ground floor.Section 3.9. CC, City Center (c) Uses Permitted with Conditions. (7) Mixed use buildings; up to 2 residential units; or with a 2 to 1 ratio of non- residential floor area to residential floor area. Section 4.23. Mixed Use Buildings (a) All mixed use buildings shall have at least two occupiable stories with a minimum of fifty percent of the street level floor area dedicated to retail use. Office uses are permitted at the street level and/or on upper levels in combination with retail and residential use. Residential uses shall be placed on upper floors. The applicant applied for a Certificate of Appropriateness (CA) on July 11, 2025, due to the structure’s historic status, to add an ADA compliant ramp for access on the front of the building and to replace doors and windows on the structure. The CA application also indicated the proposed interior renovations (not regulated by historic guidelines) which staff noted did not comply with zoning regulations. The applicant states that the project was designed to comply with the zoning regulations in place at the time the property was purchased, which defined a live-work building as a permitted mixed-use structure that could contain one dwelling unit located above and/or behind a ground-floor commercial space (attached as Exhibit __). However, the referenced provisions were repealed on July 9, 2025, and the current LDRs, as listed above, require that mixed-use buildings contain at least two occupiable stories, with a minimum of 50 percent of the street-level floor area dedicated to retail use and residential units located on upper floors. Since the existing structure is single-story, the proposed residential units cannot be placed on upper floors as required under the current LDRs. 20

V-07-2025 Staff Report City Council | April 8, 2026 Page 3 of 11 The applicant states that the requested variance is necessary due to the historic nature and physical characteristics of the existing structure, which limit the ability to construct an additional story without potentially altering the building’s historic character or requiring substantial structural modifications. The applicant asserts that adding a second story could compromise the building’s historic integrity and may require significant engineering analysis and construction costs. Section 16.10, Application for Variance, LDRs. (a) Application. Sofia Gardi, Authorized Agent on behalf of Michael T. Heiderman, Authorized Applicant as Manager of 312 Sullivan, LLC, Property Owner, has filed an application for variance with the Planning Department. (b) Approval Criteria. No variance shall be approved unless all of the following statements are true with respect to the subject property: (1) That special conditions or circumstances exist which are particular to the size and characteristics of the land, structure or building involved which are not applicable to other lands, structures or buildings in the same zoning district. This criterion is true with the respect to the subject property. The property has an existing single-story structure that is identified as a historic structure. The current Land Development Regulations require mixed-use buildings to contain at least two occupiable stories, with residential uses located on upper floors. Due to the existing building configuration and historic status, accommodating residential uses on an upper floor may require substantial alterations to the structure. These conditions are specific to the existing building and its historic characteristics and may not be applicable to other properties in the zoning district that are not constrained by similar structural or historic conditions. (2) The strict and literal enforcement of the zoning regulations would create an undue hardship as distinguished from a mere inconvenience on the property owners. Physical handicaps or disability of the applicant and other considerations may be considered where relevant to the request. This criterion is true with respect to the subject property. Because the existing building is single-story, strict application of these regulations would limit the ability to locate residential units within the structure as proposed without significant modifications to the building. Such modifications could include the addition of another story or reconstruction of the structure in order to comply with the current mixed-use requirements. The applicant indicates the project was designed in accordance with regulations that were 21

V-07-2025 Staff Report City Council | April 8, 2026 Page 4 of 11 in effect prior to the repeal of the live-work provisions. (3) That such hardship is not shared generally by other properties in the same zoning district and in the same vicinity. This criterion is true with respect to the subject property. Other properties within the City Center (CC) District may not have similar structural or historic constraints. Staff notes that the circumstances associated with the existing building configuration and historic status may not be applicable to all properties within the district. (4) The granting of the variance would not be injurious to or incompatible with contiguous uses, the surrounding neighborhood or otherwise detrimental to the public welfare. This criterion is true with respect to the subject property. Allowing the the interior alterations to an existing structure will be undetectable from a visual perspective. There is no significant change being proposed to the outside of the building, and it is consistent with the types of uses permitted within the City Center District. Granting of the variance would not be injurious, incompatible, or detrimental to contiguous uses, the surrounding neighborhood, or public welfare. (5) That the variance requested is the minimum modification of the regulation at issue that will afford relief. This criterion is true with respect to the subject property. The requested variances would allow the proposed residential and commercial uses to be located on the ground floor of the existing structure. The applicant indicates that these modifications would allow the existing building to be utilized without requiring additional stories or substantial alterations to the structure. (6) The condition giving rise to the requested variance has not been created by any person presently having an interest in the property and/or the conditions cannot reasonably be corrected or avoided by the applicant. This criterion is true with respect to the subject property. The applicant indicates that the project was initially designed based on the Land Development Regulations that permitted a live-work configuration within a single structure. Following the repeal of those provisions, the proposed configuration no longer complies with the current mixed-use building requirements. (7) The variance requested does not involve any use which is prohibited in the 22

V-07-2025 Staff Report City Council | April 8, 2026 Page 5 of 11 district where the property is located. This criterion is true with respect to the subject property. The property is located within the City Center (CC) District which allows mixed-use buildings as a Use Permitted with Conditions. (8) The requested variance is consistent with the City of Punta Gorda Comprehensive Plan. This criterion is true with respect to the subject property. The following Objective and Policies of the Future Land Use Element, City of Punta Gorda 2045 Comprehensive Plan, support the requested variance: Objective 1.1.12: Where particular aims of the comprehensive plan may be advanced (such as affordable housing, commercial and mixed-use development, historic preservation, environmental conservation, economic development, downtown revitalization, and community health), Punta Gorda will employ or make available innovative land development techniques, city programs, and public investments. Policy 1.1.12.11: Punta Gorda’s Downtown, Village Center, Traditional Neighborhood, Professional Office, Flex Commercial Corridor, Highway Commercial, and Light Industrial FLUM categories will be configured to allow mixed uses in the Downtown Redevelopment Area and other appropriate parcels. Policy 1.1.13.11: In order to encourage new commercial and mixed-use development, the City will maintain: a) Zoning code and land development regulations that remove unnecessary regulatory barriers to building viable commercial and mixed-use projects; b) Flexible land development regulations for areas where commercial development is recommended and desirable. The following Goal, Objective and Policy of the Historic Element, City of Punta Gorda 2045 Comprehensive Plan, support the requested variance: Goal 11.8: Continually strive to develop ways in which to build a community that is mindful and appreciative of the past, its relationship to the present, and its value to the future. Objective 11.8.1: Require the implementation of appropriate processes by the City to preserve the value of historic resources within the city. Policy 11.8.1.7: Continue to review requests for additions, alterations, rehabilitations, relocations, and demolitions of historically significant structures to ensure that requests are compatible with the continued historic viability of the structures and associated districts through the Certificate of Appropriate process. 23

V-07-2025 Staff Report City Council | April 8, 2026 Page 6 of 11 (c) Burden of Persuasion. […] The applicant shall be required to demonstrate that the granting of a variance will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience sought by the applicant or that strict application of the ordinance would effectively prohibit or unreasonably restrict reasonable use of the property by reason of any one of the following: (1) Exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of enactment of this Ordinance. (2) Exceptional topographic conditions or other extraordinary and exceptional situation or condition of such property. (3) The condition situation or development of property immediately adjacent to the subject property. The applicant has indicated a hardship; however, the hardship is not due to the size, shape, or topography of the property, or due to any situation or development immediately adjacent to the property. (d) Public Hearing. The application for a Variance is scheduled for Public Hearing before the Punta Gorda Board of Zoning Appeals (BZA) on Friday, March 27, 2026, and before the City Council on Wednesday, April 8, 2026. (e) BZA Review and Recommendation. Following the Public Hearing, the BZA shall forward the proposed Variance to the City Council together with its recommendation and a statement setting forth its reasons for such recommendation. Due to the timing of hearing dates, the agenda for the City Council meeting will be published prior to the BZA meeting. All additional information, including the BZA’s recommendation, will be provided to the City Council immediately following the BZA meeting. Summary of Findings Finding #1: The applicant, 312 Sullivan, LLC, owns the property at 312 Sullivan Street, Punta Gorda, FL, which contains a single-story historic structure. The property was purchased on March 31, 2025, at which time a different version of Land Development Regulations (LDRs), Chapter 26, Punta Gorda Code, was in effect that allowed the interior configuration as proposed. Finding #2: The LDRs currently in effect were reimplemented on July 9, 2025, and changed the property’s zoning designation back to City Center, which does not allow the interior configuration as proposed. The proposed design does not comply with current LDRs, Sections 3.9(c)(7) and 4.23(a), Punta Gorda Code. 24

V-07-2025 Staff Report City Council | April 8, 2026 Page 7 of 11 Finding #3: The property is located within the National Register Historic District and is included on the Florida Master Site File. The City of Punta Gorda 2045 Comprehensive Plan contains goals, objectives, and policies, which support the requested variance in an effort to preserve the historic nature of the structure. Finding #4: All approval criteria listed in Section 16.10(b), LDRs, Punta Gorda Code, have been found to be true with respect to the subject property and request. Finding #5: The requested variance is compatible with adjacent properties as it would not require any increase in height or additional exterior renovations, keeping with the historic characteristics of the surrounding neighborhood. Staff Recommendation: Staff recommends approval of V-07-2025 for the property located at 312 Sullivan Street, subject to the following conditions of approval: 1. All exterior work shall comply with historic preservation requirements. 2. The variance shall expire six (6) months from the date of approval by the City Council of the City of Punta Gorda, Florida, unless the required permits for the proposed work are obtained, or the proposed work commences if permits are not required, prior to the expiration date. Attachments: Exhibit 1 – Location Map Exhibit 2 – Conceptual Floor Plan Exhibit 3 – Repealed Land Development Regulations, Live-Work Building Type (in effect at time of purchase) 25

V-07-2025 Staff Report City Council | April 8, 2026 Page 8 of 11 Exhibit 1: Exhibit 2: Conceptual Floor Plan 26

V-07-2025 Staff Report City Council | April 8, 2026 Page 9 of 11 Exhibit 3 – Repealed Land Development Regulations Exhibit 3 – Repealed Land Development Regulations (cont.) 27

V-07-2025 Staff Report City Council | April 8, 2026 Page 10 of 11 Exhibit 3 – Repealed Land Development Regulations (cont.) 28

V-07-2025 Staff Report City Council | April 8, 2026 Page 11 of 11 29

JVM Construction LLC Page 1 of 6 November 14, 2025 City of Punta Gorda Urban Design 326 West Marion Ave Punta Gorda, FL 33950 (941) 575-3372 Re: 312 Sullivan St – Variance Dear Sir or Madam, We write to you with the intention of obtaining a variance for our property located at 312 Sullivan St. Due to this property’s historic status, our office moved forward with an official submittal of a Certificate of Appropriateness (CA) on July 11, 2025. The work proposed includes renovations to the interior of the structure to accommodate two residential units behind a single commercial unit that will encompass 50% of the structure’s front elevation, to satisfy Section 3.2(d)(10) of the Land Development Regulations previously effective April 2024. The wheelchair ramp will be relocated from the back to the front, to promote accessibility within ADA standards. Completion of the CA review took place September 3, 2025, where we had been advised via email that as of July 2025, the City of Punta Gorda rescinded the Land Development Regulations (LDR) that were once effective April of 2024 and had been used to prepare necessary plans and documents for permitting. As such, the proposed work submitted is deemed noncompliant with Section 4.23 of the newly effective LDR given that the existing footprint of the property lies on a single-story, meaning both the residential and commercial portions cannot be separated to a first and second story as the code implies. To accurately depict the hardships incurred and to come by this rejection, below is a comprehensive timeline of our acquisition, permit preparation, and additional supporting evidence: - Discussion of purchasing 312 Sullivan Street began at our purchase of 308 Sullivan St (under entity name 308 Sullivan St LLC) in February of 2024. Purchase of 312 Sullivan Street commenced on February 26, 2025, and ownership was officially transferred via Warranty Deed on March 31 st , 2025 (Exhibits A, B, and C); 30

JVM Construction LLC Page 2 of 6 - The first preliminary conceptual architectural plan was completed by our draftsman on February 21, 2025 (Exhibit D). Since then, this plan set has gone through several revisions up until the completed set submitted for the Certificate of Appropriateness, as shown by our draftsman’s time report (Exhibit E); - Our office reached out to the City’s Urban Design department throughout February of 2025 via phone and email to confirm live-work requirements needed for a structure, which coincided with work proposed (Exhibit F); - In June of 2025, our office reached out to the Urban Design department confirming that documents were being compiled for submittal (Exhibit G); - As of April 2024, the City’s Land Ordinance Regulations identified a live-work building type as a mixed-use “small attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for office, service, or retail uses” (Section 3.2 (d)(10)). In July of 2025, these LDRs referenced were repealed, which now states “All mixed-use building shall have at least two occupiable stories with a minimum of fifty percent of the street level floor area dedicated to retail use. Office uses are permitting ed the street level and/or on upper levels in combination with retail and residential use. Residential use shall be placed on upper floors” (Section 4.23)(Exhibit H). - On July 9, 2025, we made an initial attempt to formally submit our Certificate of Appropriateness, then again on July 11 (Exhibit I); - Communication regarding document review between our office and the Urban Design department continued from August 12 to September 2, 2025 (Exhibit J); - September 3, 2025, our team received a formal rejection advising we would need to apply for a variance due to the LDR repeal (Exhibit K); - Since the beginning of this project, our business has incurred $7,974.64 and owes an estimated additional $10,000 in preparation of plans and materials needed for permitting, excluding around $9,0000 worth of billable time that our team has invested (Exhibit L). Given the history outlined above, we’ve been offered the opportunity to pursue a variance to the following two criteria: 31

JVM Construction LLC Page 3 of 6 (1) Section 4.23 of LDR: Identifies that all mixed use buildings have at least two occupiable stories, in which at least 50% of the street level floor be dedicated to retail use, while residential units be allocated to upper floors. We request both the retail unit and residential units proposed remain on the existing ground floor. (2) Section 3.9(c)(7) of LDR: Identifies that mixed use building comprises of 2 residential units, or a 2 to 1 ratio of non-residential floor are to residential floor area. We request 2 residential units and 1 commercial unit to be allowed, with the residential units’ floor area exceeding that of the commercial unit by 81% (2 Residential 1,226 sqft, 1 commercial 508 sqft = 1,506 sqft total). Variance Criteria 1. That special conditions or circumstances exist which are particular to the size and characteristics of the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Due to this property's historic status, there are limited avenues which we can take as investors. Maintaining the appearance of the existing building's exterior is crucial in maintaining its historical integrity. To comply with the relevant LDRs, a second floor would need to be added where the proposed residential units would lie. Adding another story to accommodate a second floor would diminish the structure’s historic appearance. Moreover, it isn’t guaranteed that the building’s structural integrity would allow this. As a result, we would face an additional thousands of dollars in engineering and labor to make this possible, or to demolish and start over to pursue the original business plan. According to LDR Section 8.1, another application for Certificate of Appropriateness would need to be submitted to authorize either avenue, or under the circumstances we are to have to demo, we encounter a period of delay up to 18 months, unless hardships to the Owner are identified by the Historic Preservation Advisory Board. 2. The strict and literal enforcement of the zoning regulations would create undue hardship as distinguished from a mere inconvenience on the property owners. Physical handicaps or disability of the applicant and other considerations may be considered where relevant to the request. According to the Charlotte County Property Appraiser website, this is a historic structure located in the Traditional Punta Gorda, Downtown Core zoning district (now City Center District), where live- work/mixed use buildings are permitted. As stated previously, the regulations referenced in the 32

JVM Construction LLC Page 4 of 6 preparation of our permitting documents were those of the LDR effective April 2024. Due to the rescindment of Section 3.2(d)(10)(a) from those regulations, that permits both residential and non- residential units to coexist on a single ground floor (see Exhibit H), the alterations we proposed are no longer attainable. Thus, we face the possibility of having to tear down and rebuild. That would result in the loss of a historic structure, and the time and money already spent, plus the additional investment of re-working to pursue our business plan under new regulations. 3. That such hardship is not shared generally by other properties in the same zoning district and in the same vicinity. In addition to responses above, we own a property of a similar scope and intended purpose (308 Sullivan St) that was granted both a Certificate of Appropriateness and a building permit. No other properties in the same zoning district share such hardship. 4. The granting of the variance would not be injurious to or incompatible with contiguous uses, the surrounding neighborhood or otherwise detrimental to the public welfare. By granting our variance request, it would not be injurious or incompatible with contiguous uses or surrounding neighborhoods. The property lies in the City Center District (CC), which permits buildings with an array of uses. Adjacent to the City Center district, and closest to 312 Sullivan St, is the Neighborhood Residential-15 zoning district. Alterations to the property would affect the interior, which would tailor to attracting business, much like those already existing on Sullivan St, while the two rental units in the heart of Punta Gorda's downtown cater to the increasing tourist population coming to the Charlotte County area. Moreover, the incorporation of a ramp at the front of the property promotes handicap accessibility. Utilizing the structure for a live-work units wouldn't pose a hindrance to parking in the downtown area, as the property has its own existing private parking to accommodate business owners, visitors, and tenants. Overall, the coupling of both residential and commercial units aim to contribute positively to overall public welfare. 5. That the variance requested is the minimum modification of the regulation at issue that will afford relief. By granting this variance, it would be the minimum modification of the regulation at issue that would afford relief. As mentioned, this is property listed on the historic registry. Altering our plan to build in compliance with the updated LDR criteria would result in its overall demise. Not to mention that a significant financial investment has been made by undertaking this project (Exhibit L). Besides 33

JVM Construction LLC Page 5 of 6 engaging engineers and designers, we have also hired a retired University of Oregon educated landscape architect / land planner who has lived in Southwest Florida since the 90s to help beautify and enhance the site’s historic charm (Exhibit M). Deviating from its intended purpose would incur additional hardship for our company. Accepting this variance would mean our company avoids incurring an unexpected and additional $400,000+ in building a new, code and LDR compliant structure, coupled with the already nearly $20,000 invested to prepare the originally planned interior renovation of the existing structure. 6. The condition giving rise to the requested variance has not been created by any person presently having an interest in the property and/or the conditions cannot reasonably be corrected or avoided by the applicant. The condition giving rise to the requested variance was not created by us as the applicant. The LDR criteria used to prepare our plans was repealed by the City, and the new LDRs in place renders our plans out of compliance with the current live-work/mixed use building criteria. 7. The variance requested does not involve any use which is prohibited in the district where the property is located. This variance request does not involve prohibited use in the district in which it is located. Please refer to response #2. 8. Please explain in detail how this variance request is consistent with the City of Punta Gorda Comprehensive Plan. This variance request would coincide with Future Land Use Element Goal 1.1, in which the City’s intent is to continue to create a lively, economically viable, pedestrian oriented town with a publicly accessible waterfront, healthy neighborhoods, and a high quality of community character. More specifically, Objective 1.1.6, in which the City of Punta Gorda will protect historic resources through historic district designation and historically sensitive land development regulations. The intended use of this property includes two attractive residential units in the heart of Punta Gorda’s downtown, catering to tourists looking for an authentic historic stay. This also goes for business owners looking to rent a commercial unit. Ultimately, contributing to the City’s all-encompassing goal to enhance economic and public welfare. This request also coincides with Historic Element Objective 11.7.1, which states the City shall support members of the community whose initiatives forward the goals of Goal 11.7 to support 34

JVM Construction LLC Page 6 of 6 community initiatives to preserve, protect, and celebrate its history. Fulfilling the anticipated plans for this property falls in line with the purpose of Goal 11.7 by ensuring that the historic appearance of 312 Sullivan Street is preserved and celebrates its ornate qualities. We are thoughtfully hand selecting the finishes we use on the inside of 308 Sullivan St and have even taken the time and effort to salvage existing materials to repurpose on the inside, such as old growth board and batten pine, and we intend to carry out the same procedure at 312 Sullivan St. Acceptance of this variance is also complimentary to the objectives of Historic Element Goal 11.8. This Goal states the City shall continually strive to develop ways in which to build a community that is mindful and appreciative of the past, its relationship to the present, and its value to the future. As mentioned above, we remain committed to preserving and enhancing the historical significance throughout our business venture on Sullivan St. The intent of this interior alteration is to create a versatile hub that caters to tourists, residents and business owners alike, where all can be guaranteed a true Punta Gorda experience for years to come. Please feel free to contact our office with any questions. Thank you, Michael T. Heiderman Manager JVM Construction, LLC 35

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