Months after issuing the Boyd family a Certificate of Occupancy and helping them cut the ribbon at the new Beach Bar on I Street, the town has revoked their permit. Why is the town doing this?
Imagine the angst when, days away from season, and 3 years after Hurricane Ian wiped out your business, you find a notice posted in front of your building that states you’re out of compliance and need to go before the Town Magistrate. That’s what the Boyd family is facing after they were shocked to hear that their permit had suddenly been revoked by the town.
According to a letter written by Fort Myers Beach Building Inspector Joe Specht, the town issued a permit for The Beach Bar by mistake. “Upon further review, it has been determined that the permit was issued in error. The proposed development is located within a FEMA-designated AE Flood Zone and does not currently meet the floodplain management requirements established by FEMA and adopted by the Town.”
Specht went on to say the reason for the revocation was, “As a participant in the National Flood Insurance Program, the town is required to enforce FEMA’s floodplain regulations to reduce flood risk and maintain eligibility for federally backed flood insurance. In AE Flood Zones— classified as high-risk areas—development must meet stringent elevation and construction standards, including but not limited to:
• Residential structures must have the lowest floor elevated to or above the Base Flood Elevation shown on current FEMA Flood Insurance Rate Maps.
• Non-residential structures must be either elevated or floodproofed to the BFE.
• All development must avoid obstructing or altering the floodplain in ways that increase flood risk to adjacent properties.
• Proper flood openings, materials, and anchoring methods must be used in accordance with federal and local flood-resistant construction standards.”
And finally, Specht added that the permit was issued without adequate verification that these requirements had been met. “Continuing construction under the current permit would increase flood risk, violate FEMA and Town regulations, and jeopardize the Town’s standing in the NFIP—which could negatively impact flood insurance availability for all Fort Myers Beach property owners. Next Steps: We understand the inconvenience this may cause and are committed to assisting you in moving forward in compliance. We recommend consulting with a licensed Florida engineer, architect, or land surveyor experienced in FEMA floodplain regulations. You may submit revised plans for review once all applicable floodplain development standards have been met.”
The letter does not address why the town allowed all of this work to happen in the first place and is now addressing it 4 months after The Beach Bar opened. There is some speculation that when FEMA came to town and did a walk-through they flagged The Beach Bar during their tour and now the town is trying to fix their mistake.
We reached out to Town Manager Will McKannay and asked him if the Boyd’s needed to close the Beach Bar until the issues are fixed. McKannay said they don’t. “They know what they need to do and have agreed to do it for compliance.”
What work is that? In the town’s portal it states: The sink and associated plumbing will have to be removed at the ground level. A V-Zone certificate is required from the owner. Hydrostatic relief vents are required. All hydrostatic relief vents must be kept clear of blockage. A corrected Elevation Certificate is required and to be reviewed and approved by the FMB Floodplain Manager.