Punta Gorda City Council on Sept. 4 granted the owner of Celtic Ray Public House a temporary-use permit allowing covering for the tavern’s parking area with shell marl instead of sod, which would have cost more than $20,000.

Previously, Celtic Ray owner Kevin Doyle and partner S4 Global Investments, who own the parking area comprised of three adjoining lots across the street from the pub, were found in violation of the city’s exposed soils code. The code mandates land in the city cannot have exposed soil of 1 square foot or more.

Code officials said Doyle could come into compliance by putting down sod. Doyle countered that it would cost upward of $25,000 and within months would be ripped up anyway, as he plans to build a five-story hotel, brewery and English pub on the site.

For many years, the vacant land along Nesbit Street across from Celtic Ray was used by the pub’s patrons and by those attending events at Laishley Park. Doyle never charged for parking.

Over the years, cars and rain destroyed most of the grass. Doyle said during Hurricane Debby in early August, people drove their trucks through the mud on the lot. He said if it had been sodded as the city required, the turf would have been destroyed.

The lot was leveled ahead of the planned construction and its barren look attracted the attention of city code officials.

“In my mind, it would be crazy to put sod down and spend $20,000 when it’s going to get ripped up anyway,” Doyle’s representative, Grant Tyler, told the Code Enforcement Board during its April meeting.

Tyler also represented Doyle at the Sept. 4 Council meeting.

The shell marl is composed largely of mollusk shells and calcium carbonate along with the hard parts of minute organisms. It could be incorporated into the construction process when building began, he told council members.

In April, Doyle and S4 Global were given 60 days to sod the land or use another ground cover to bring it into compliance. They also were charged nominal amounts to cover the court cases—$14.46 for Doyle and $28.92 for S4 Global. They had 10 days to pay the fines and 60 days to remedy the situation with a late-June deadline. Otherwise, they would face fines of $250 per day plus interest.

Doyle asked Council and the Code Enforcement Board to reconsider and petitioned for a temporary permit or to be grandfathered in, as the public has been using his parking lot free of charge for years.

He also contended that his business has been contributing to the city’s tax revenues, and his new hotel, brewery and pub along Nesbit Street will be bringing in more commercial and tourist tax dollars to the city.

On Sept. 4, council members received input from City Manager Greg Murray and the City Attorney David Levin. Council learned it has the authority to approve a special-use temporary permit.

Council members unanimously decided to grant the permit to Doyle, but after amending its original conditions.

At first, Council decided that in addition to allowing Doyle to cover the parking area with shell marl, he also must put up fencing with reflectors and wheel stops and create a plan for sediment and erosion control.

Tyler said those parking in the lot could be injured by bumping into the wheel stops, and that in 20 years the parking lot has not had any incidents or people injured.

Mayor Lynne Matthews said fencing could impede special events held on the overflow lot where vendors set up tents.

Matthews recommended the special-use permit should only require the shell marl covering with a grass border and an erosion control plan. No fencing or wheel stops will be required.

The city waived all fees and fines, but Doyle will have to pay $250 for the special permit that expires Dec. 21.