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 That’s what the Boyd family is facing after they were shocked to hear that their permit had suddenly been revoked by the town.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.
FMB Politics is an embarrassment to all of us living in SWF. Lee County needs to have control of this terribly dysfunctional FMB government. Take it back.
After all these owner/operator businesses have been through…
And they’re just trying to make a dollar.
And, in walks the government, and they’re here to help.
What an embarrassment they’ve become.
Is NOT the trailers, FEMA allow trailer that can move with a light truck. This topic has been mentioned many times here but some people still don’t understand it
Didn’t FEMA tell the town to get rid of the trailers, especially the ones in Times Square last time they came by? But the town decided to interpret it differently, and you could “ask” to stay and get a pass. Are they concerned about FEMA rules or not?? BTW – condos are hurting financially without that discount!
Agree! Town was cited with 252 violations of non-compliance by FEMA in July. The Town Council/Staff respond by allowing them to stay if those folks can provide evidence of hardship after 3 years. Which in turn allowed those non-compliant Food Trucks, RV’s and trailers to remain even though FEMA stated they needed to go! Shockingly while on probation with FEMA in April, the Town Council approved a Food Truck PARK!! Staff/TC have repeatedly risked town residents and property owners’ inclusion into the NFIP all along but now all of a sudden state they have to “enforce” FEMA rules for compliance, so they don’t risk our inclusion in the NFIP?!?! What??
Wrong statement. FRMA HAS NOT ISSUES with trailers that can be moved with a light truck, you are proving wrong and confusing statements
Same town council floating the idea of lowering Building impact fees for the Developers, only a couple of months before saying there is going to be a budget shortfall and try an raise taxes.
I am so sick and tired of the town counsel. They are incompetent!! Why do the harass the people that are trying to build back their homes or businesses constantly but yet fail to implement their rules for abandoned properties that have not been cleaned up since IAN and are a health hazard to the community????? They don’t seem to care about that at all!! They go after the people who are actually bringing back business to the town and the permanent residents!!!!
It’s not a council issue, permitting and inspections are done by staff.
Totally correct in my opinion. I wonder if the Town’s attorney’s bare any responsibility too. I just don’t understand how a CO can be given, I don’t understand how permits can be given before the first shovel in the ground, and then the Town say’s opps. It appeared that the staffing and permitting issues were over but obviously not. As a taxpayer, I’m truly astounded, disappointed and shocked that something like this can happen. I hope there’s insurance to cover the negligence and reparations and not on the taxpayers!
Well then, the Mayor or Manager or whoever has the power should fire them. FMB literally has a reputation for being a nightmare to deal with.There are companies that won’t even come to FMB to work because of the permit and the TC being so difficult to deal with.We need to change the mayor and get some fresh thinking to help us. It’s the definition of insanity to keep the same mayor in and expect things to improve.
I think there are a few “sinks” at ground level at M”ville…. Why does FEMA care if a sink drains into the line anyway.. screw the FEMA rules.. Insurance sucks anyway..
What an unfortunate, annoying and frustrating headache for the owners. One valid question and one comment …..
Q: Does or has this happened with Sanibel’s, Cape Coral’s, Bonita Beach’s or Lee County’s permitting departments?! Whereby business owners or homeowners jumped through all of the hoops, did everything that was asked of them, had permitting approved and subsequently rescinded?
Comment: If not, wouldn’t it be best to hand FMB permitting over to Lee County? Wouldn’t Lee County have a well-seasoned, experienced, deeper permitting staff than FMB? Off the top of my head I can recall at least 4 recent instances of FMB’s permitting blunders that resulted in structure failures or rescinded permits. After dealing with 3 devastating hurricanes and flood events no one should have to deal with this. Best wishes and Godspeed to the Beach Bar owners.
Your absolutely right. The beach can’t do the job. Give it back to Lee County where they probably have better qualified people.
And now they think they can run a school….. they already can’t handle what is on their plate!!
Seriously, how many students actually were in the school before the last hurricane? 50 and we had 10 teachers? How many were being brought in just to attend the school? By the time any school was permitted and built, those kids will have graduated from High School.
Didn’t some guy build an entire building next to the old Junkanoo and find out after it was completed it was a foot too close to the beach? Tell me the story w the real facts. I’m old and don’t remember the exact violation.
It was two buildings and they weren’t completed. They were just a shell so far, all the outer brick was up. so they had to knock the balconies off of the front of the buildings to comply.. not sure if they’ve ever been finished
The point is the buildings were permitted then the permits revoked. Same with the elevated pool on Palermo.
Yes, the house was built by a local builder, who’s name can be found by researching the Towns portal, or maybe some will offer the name here, but the back of the home facing the Gulf needed to be cut back several feet after the home was completed.
Sounds pretty minor and will not impact their operations- flood plain rules are nuanced and some owners push the envelope on the ground floor. I had the same experience on Sanibel/ got it solved but a hassle with no errors on my part/ just the permitting
This is totally unbelievable. To just post this notice with no warning or contact with the owners shows incompetence at it’s highest level! Shame on the Town of Fort Myers Beach!
Agree!!!
Can’t make this s… up. Incompetent at best. Could the Whale be next? It’s possible. Pass all your inspections, obtain your certificate of occupancy then months later it’s pulled. Call Morgan and Morgan
Maybe Margaritaville will be next? Who knows with this town?
Hmmm. First the Times Square trailers. Now the Beach Bar. Both wrongly given permits that later had to be pulled.
And let’s not forget that new house that fell down and laid along the boulevard right under code enforcement’s noses.
And the abandoned pool beside the Gulf shore still a stinking public health and safety hazzard.
Could it be the building department has been in need of a major overhaul?
Has it been? Will it be?
100% Truth!
THIS town is composed of a LOT of narrow~minded MORONS!!!!!
Why would you need flood vents for the downstairs which has two open walls???
Condos in baybeach have flood vents so when we have 2 ft of water like the last two hurricanes We loose our lobbies and elevator pits doesn’t make sense.
Unbelievable, I cant even write what I’m thinking, This falls on the tow clowns.
The town made the mistake so they should pay to have it corrected .
For the love of God. The hell with our flood discount and government overreach…. I would rather pay more in flood insurance than be tied to the ball and chain of these federal government clowns.
I agree with you but Allers claims that if there were to be another hurricane then the Gov wouldn’t help us with paying for debris removal. I think that needs to be fact checked.
Then why don’t you do it?
So this comes down to an illegal sink and some flood vents? Sounds like an easy fix.
Wow. Smh
Such BS! Why would any business or homeowner WANT to do business or be part of such a messed up town. Such cluelessness!!
Time to tell FEMA to go pound salt….. I have asked the town council many times to address the actual risks to get out of the NFIP program and no one seems to spend the time on it. And shame on Town staff for letting this happen. Is this another lawsuit in the waiting?
Exactly. Government overreach for the sake of a socialism discount that comes with extreme ball and chains.
I agree 100%
Huh??
BTR covered the consequences of being suspended from NFIP, and it was discussed by the mayor, when the probation took place.
Odd you’d want to withdraw from NFIP: mortgages unobtainable without NFIP flood insurance, zero FEMA assistance for the town and individuals (debris removal alone after Ian would have bankrupted FMB), no grants or funding for mitigation and repairs, the list is lengthy.
It’s amusing how ignorant some people are; sure, tell FEMA to “pound salt” – but no whining when you suffer the consequences.
Holly O is that you? Holly usually starts her “know it all/copy and paste” posts with “Huh?” and always ends with an insult to the people who live on FMB.
My thoughts exactly! She can’t keep her nose out of our business.
Sorry to hear that but at least the rental property upstairs can still produce income. Does downstairs come with RV hookups?
This is indeed a “Mickey Mouse” town government!