Owner Fred Mallone says he plans to stay despite the town telling Special Magistrate Judge John Laningham this week that the “structures have to be removed fully from the property.” Mallone’s Temporary Use Permit to operate on the late Brad Benson’s property expired on September 23rd and the town is not issuing any new Temporary Use Permits.
Mallone cannot have anything on the property that is not compliant with FEMA’s new rules and the town’s floodplain regulations. A structure that can be removed using a light duty truck would be in compliance. Judge Laningham gave Mallone until October 19th to remove any non-compliant structures or face daily fines of $250. Mallone said will be removing all non-compliant structures by the deadline.
Mallone also said he’s ordered a new trailer which “is now in permitting,” and he’s applied for an extension to his Temporary Use Permit. The town has yet to approve his expension and this is where it may get interesting. Does a new (bar) trailer mean Mallone would need to apply for a new Temporary Use Permit, which the town is not accepting? Would this be included in Mallone’s Temporary Use Permit extension application? Or, would this automatically qualify because previous to Hurricane Ian the property was a restaurant/bar and it’s properly zoned for this type of use.
Buffalo Grill is on the old Mango Rita’s property in Times Square which was totally destroyed by Hurricane Ian. Right now it includes a food truck, a bar, tables and a lawn area for games. A permit for a food truck was issued to Benson and Mallone in 2024. The permit does not show approval of a bar structure, which was built after the food truck was approved. The food truck permit expired on September 23rd with all other Temporary Use Permits on Fort Myers Beach. Mallone’s extension application says, “and also a bar trailer that will be compliant.”
No plans have been submitted to the town to rebuild a permanent structure on the lot. However, Town Manager Will McKannay said, “Fred and the property owner are in active discussions with the town regarding long-term development of the site, which aligns with broader recovery and redevelopment goals.”
Town Manager Will McKannay has the discretion to approve or deny based on a list of criteria that fits into what that town has determined to be “hardships.” The Mallone application states several.
Mallone and property owner Bradford Benson claim the following hardships:
- Delay in obtaining construction mortgage or refinancing.
- Hardship due to the inability to sell the property.
- Hardship due to inability to secure an alternative location to operate the business.
- Hardship due to death in the family (property owner Brad Benson died last year and the property is now with his kids in a trust).
- Waiting on a wave wall decision.
The town is working daily to get back in the good graces of FEMA and continue on the path to getting residents their 25% discount back in the National Flood Insurance Program. Part of what the town needs to do is remove all structures that could become projectiles if there’s a hurricane.