There are very few souls on Fort Myers Beach that have not seen this eyesore of a structure across from The Pink Shell Resort before you get to Bowditch. The owner has filed an appeal with the town of Fort Myers Beach which plans to knock this ugly duckling down.
Back in July the Town of Fort Myers Beach notified the property owner the structure which has sat untouched since Hurricane Ian – and includes an abandoned boat in the yard – needed to be demolished or the town would be taking action to knock it down.
Naples attorney Noel Davies, representing the owner of the structure at 131 Estero Boulevard Sergei Kaminskiy, has written a letter of appeal to the Town of Fort Myers Beach. Davies says the notice was not properly posted on the property. Davies also said the town’s notice fails to include a “detailed report documenting the conditions determined to have rendered the building or structure unsafe.” Anyone walking by the house over the last two years has been able to see right through the house, not to mention see all the dangling wires and old furniture.
Davies also disputes the town notice stating that is has “determined that it is unreasonable to repair the structure.” He says the town is required to provide the basis for such determination. “Nothing was provided beyond this self-serving, conclusory and unsupported opinion. Our client disputes and objects to any and all assertions in the notice.”
Davies claims his client’s constitutional due process rights were violated. He is also challenging the constitutionality of the town’s recently adopted Unsafe Building Ordinance.
Back in March this property owner submitted an application to the town to build a 7-story 12-unit resort building. The application includes a swimming pool and rooftop amenities. The building would be 90 feet above Base Flood Elevation. The most recent communication between the property owner and the town about this project was July 12th where the town sent an insufficiency letter.
Is the reasoning for doing nothing with it based on not having plans approved to build what they want and awaiting that process first to be approved? Looks like it was for sale prior to Ian.
I agree with you! He’s trying to play hardball to force the city to approve his other plans! DEMOLISH it! It’s a lingering eye-sore that needs to go!
A little worse now, but This house should have been condemned prior to Ian. It was an unsafe, bug infested, mold infested, eye sore before Ian. One of the first structures boaters see when coming in from Northside of island.
There’s a reason Savannah banned lawyers in the early 1700’s.
Too bad you dont have a picture from the bay side.
So what’s his excuse for doing nothing with it for two years?