Miramar street resident Carol Thomas was hammered with that fine this week from Special Magistrate John Laningham when he determined a first floor living area was still out of compliance and should have never been built after Hurricane Ian.
We’ve reported on this story before. It’s been going on for nearly a year. The town alleges Thomas was not supposed to build a bedroom and bathroom on the bottom floor of her home.
Thomas says not only was the bottom level of the house a livable dwelling since before the town was incorporated in the mid 90’s, but that she was given a permit to complete like-for-like repairs to the home after Hurricane Ian. The town claims there is no paperwork on file anywhere to prove the bottom floor was a livable area and it does not meet the town’s flood plain requirements.
Laningham, ruling in the town’s favor, backdated the fine 156 days which cranked it up to $39,000. The fine will continue to accrue until the home comes into compliance and that means removing the liveable space completely on the ground floor. Thomas can appeal her fine to the Town Council but only after the home comes into compliance.
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It’s sad that we drive by the illegal parking lot doing a bang up business, the illegal short term rentals and this woman who had a legal permit and inspection is fined for a mistake the town made. The amount of the fine is not comparable to illegal parking lot man’s fine. If I was her I would get a lawyer to recoup costs and fines. Sad.
I am so sorry this is happening. I can not believe it. The town allows illegal parking with no permit and does deals with the owner to lower the fine and he keeps parking cars right behind this home.
Carol got a permit for like for like and it was inspected and passed to rebuild. The town does not have the original permit when it was built prior to Ian because it was washed away in the flood.
Absolutely shameful. Someone step up and make this right.
They paid to have this done and paid for the permit and now you want her to pay to remove it with fines.
Dan and Will here is your chance to help them. Do the right thing.
And isn’t it sad, that the post-Ian permit AND certificate of approval, was deleted from the portal by the town, and no one is allowed to talk about that. Permitted, inspected, approved…and just “gone” and being accused they did it illegally.
Not expressing an opinion of any kind. My comment is only: some comments are missing this is not a one story dwelling. The issue the Town and special magistrate have is this is an illegal lower level build out based upon not having “documentation” there was a legal lower build-out prior, showing when the lower living space was allowed. The 50/50 was the permitted upper living area. Too many people miss the facts. I have a great deal of empathy for the homeowner. A terrible conundrum.
You are missing MANY facts. A large amount of evidence was provided and shared, that the living space on the ground floor, existed for decades, legally, prior to Ian. Be careful if your assumptions, and what gets hidden/not shared, about cases with the township.
Communism prevails, sad state!
Why does the town get to pick and choose what flood floodplain rules to enforce post Ian. Our property is getting runoff from the neighbor and the town refuses to do anything about it. Why is one property subject to the new rules and the other not. Below is the towns response when I asked why they did not follow any of the flood management rules. Why did Kahlua not follow any of these rules in the rebuild ?The RM 2 impervious coverage limit, Town stormwater management requirements, and South Florida Water Management District (SFWMD) post development runoff rules at Kahlua Beach Club”
Town Response: Based on the age of the development, which was constructed circa 1970/1971, the condominium complex was not subject to the floodplain management and stormwater drainage regulations that are required for new development today. The property predates the adoption of many of the current federal, state, and local floodplain and stormwater management standards. Since its original construction, drainage improvements have been added to the site, including drainage inlets within the interior parking lot and yard drains throughout the pool deck area. In a previous article about the house in the story the mayor stated “Mayor Dan Allers said, “The argument isn’t about whether it existed or didn’t exist. Does what exists now meet flood plain requirements? So my questions is why does the town get to pick what should meet current standards and not enforce the rules the same for everyone. So I ask the Mayor based on his statement why does Kahlua Beach Club not have to meet flood plain requirements when they rebuilt It seems like Flood management at a larger development on the beach and runoff on the neighbor would be a lot more important than someone’s lower level that is not affecting anyone?
There are a lot of ranch houses on Fort Myers Beach, I don’t understand how the town can say some are fine and some must go?
Well why did they give her a permit to redo the house as it was???? That’s pretty stupid on the town’s part and then when she does they fine her!!!!!
If she has that permit , the town is going to get sued for a lot of money.
What makes this first floor living space different from all the other first floor living spaces that were rebuilt after Hurricane Ian.
Break away walls, flood panels that purposefully let water through, cinder block wall that will come down but not slam into your neighbors’ house during epic floods, it’s FEMA, that ground floor dwelling is a liability to us all, we all pay FEMA tax; the government doesn’t want you to keep your 1959 house that is below flood grade, let alone an illegal ground floor dwelling
This isn’t new construction, it’s a dwelling that’s been here prior to hurricane codes. If she met the 50/50 after Ian, which it sounds like she did, she should have been able to rebuild, like every single-story, slab dwelling in Fairview Isles, without being fined. Another example of the Town not knowing where they’re doing in the permitting department.