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Hernando County planning staff: Deny request to expand commercial fishing on residential canal

 
Don Lacey of Coastal Engineering, attorney Jacob Cremer and Hernando Beach crabber Tommy Evans answer community questions during a public information workshop in March regarding Evans’ rezoning request for his business.  BARBARA BEHRENDT  |  Times
Don Lacey of Coastal Engineering, attorney Jacob Cremer and Hernando Beach crabber Tommy Evans answer community questions during a public information workshop in March regarding Evans’ rezoning request for his business. BARBARA BEHRENDT | Times
Published June 4, 2019

BROOKSVILLE — Hernando Beach fisherman Tommy Evans and his Sport Fisherman's Landing company will face strong opposition Monday when he asks the Hernando County Planning and Zoning Commission for a rezoning that allows him to expand his fishing and crabbing operation.

The county's planning staff on Monday released its recommendation to deny Evans' application, "finding the request inconsistent with the comprehensive plan and incompatible with neighboring land uses.''

The staff recommendation tracks with public concerns about the controversial proposal. The informational packet for commission members includes 137 pages of citizen comments, documentation and photos, all but one opposing the rezoning. There also is an online petition signed by more than 630 people who oppose the rezoning.

Evans is trying to intensify the zoning on his third of an acre parcel at the southwest corner of Calienta Street and Gulf Coast Drive to include uses allowed only in a heavy commercial marine district. He wants to moor two commercial fishing boats there — up to 40 feet long — and to conduct crabbing and fishing activities not currently allowed.

Previous coverage: Hernando Beach residents ask why another commercial fishing expansion

His boats would use the Cheeks Creek Canal, which is not considered a commercial fishing area. In 2016, a previous owner of the same property was turned down by the Hernando County Commission for intensified zoning on the site.

And late last year, Hernando Beach Seafood was denied a rezoning to expand its operations to a site on Shoal Line Boulevard that would have allowed fish processing on the Marlin Canal, another Hernando Beach canal not presently used for commercial fish processing.

Previous coverage: Commission denies commercial fishing expansion

Hernando Beach has a long history of trying to set a firm line on where commercial fishing is allowed. Traditionally, commercial fishing has been confined to the area north of Flamingo Boulevard on Calienta Street. Fishing vessels there use the Tarpon Canal, which is the community's widest and connects most directly with the Hernando Beach Channel leading into the Gulf of Mexico.

The county staff report said of Sport Fisherman's Landing: "the location is incompatible with the characteristics of the surrounding area and existing land use patterns and could lead to the intensification of commercial fishing operations not currently present, which would lead to an inappropriate land use pattern.''

The report identifies the same concerns as many residents.

Commercial fishing creates "noise, odors, incompatible operating hours and product delivery/pick-up traffic," it says, which are inconsistent with residential development on the west side of the canal.

Staffers also acknowledge that the Cheeks Creek Canal is the sole Gulf access for 333 Hernando Beach residences.

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"The appropriate location for commercial fishing and support-related businesses is the area with direct access to the Tarpon Canal,'' the report says.

Some residents point out that Evans already has used his property for commercial fishing, in violation of the code, for which the county has cited him.

Frank Santo, chairman of the Hernando County Port Authority and a Hernando Beach resident, said he has seen it.

"I have personally witnessed loading and unloading operations carried over his property from boat to land, as well as trucks loading the product he brings in. There is countless photo evidence that he is cutting and loading bait, loading ice and supplies and offloading recently caught seafood,'' Santo wrote, noting these activities are not allowed in his current zoning,

Gladys Moore, a long-time Hernando Beach resident, had the same concern.

"Given Mr. Evans history of past code violations for his commercial fishing operations, I fully support a denial of his rezoning petition for the Sport Fisherman's Landing, Inc., property,'' Moore wrote, adding that expanding his operation, "is detrimental to Hernando Beach residential property owners, to the value of residential properties, to our canals, to recreational boating marinas, to restaurants, and to all small businesses along Shoal Line Boulevard.''

"Zoning and planned development are put into place for a good reason — to protect the property rights of all,'' wrote nearby resident M. Marino.

She likened using a new canal for fishing operations to "opening a new truck route through the backyards of some of the most valuable residential property in Hernando County, lowering property values and tax base.''

Resident Mark Lucas included in his response pictures of Evans' operation processing fish processing on the site, despite his code enforcement violations.

"My sentiment against this repeated rezoning request has only grown stronger when my neighbors and I have recently observed blatant violations at Sport Fisherman's Landing ... that do not conform with their current property zoning.''

He said the violations happen on weekends and hours when county code enforcement is not available.

"The quality of life of all neighboring residents (is) being disrupted by these activities,'' Lucas wrote.

The Planning and Zoning Commission will consider the rezoning on Monday and will make a recommendation to the County Commission, which generally is the final stop for such hearings. Evans is represented by Tampa attorney Jacob Cremer, who has challenged the code enforcement case against Evans, citing the Florida Land Use and Environmental Dispute Resolution Act.

County code enforcement officials have put the code violations on hold, pending the outcome of the rezoning.

Previous coverage: County officials wonder if those who violate county codes are being rewarded

Cremer's intervention could add another layer of review to the case through mediation or court action after the County Commission rules on the rezoning, which is expected later this summer.

Contact Barbara Behrendt at bbehrendt@tampabay.com or (352) 848-1434.