A major point of contention is the restaurant Lola, located at the base of the Mantanis Bridge, a critical access point to the island. Despite having been given a compliance deadline of March 1, the restaurant has failed to meet the necessary flood regulations. The speaker stressed the urgency of the matter, highlighting the risk of traffic blockages during emergencies, which could impede essential services and response times during a medical emergency or storm. The non-compliance of the structure is a particularly issue with hurricane season beginning on June 1.

Concerns were further compounded by a letter from FEMA, which placed the town on probationary status regarding the National Flood Insurance Program. The town has been informed that it could be removed from probation by November 18, contingent upon the removal of non-compliant structures, including Lola’s. The continued presence of such structures not only threatens the town’s FEMA status but also complicates insurance participation for the community. The speaker underlined the critical nature of adhering to FEMA’s requirements to avoid reverting to a probationary state.

Amidst this, the town’s legal representatives are engaged in an appeal process concerning Lola’s compliance violation. There is a noted disagreement over the classification of the structure’s compliance status, with Lola’s representatives contesting the non-compliance designation. However, it was emphasized that resolving the issue requires the removal of the non-compliant structure rather than focusing solely on the timeline for constructing the new restaurant. The council’s discussions highlighted the need to address these compliance issues promptly, especially with the hurricane season looming.

In a related matter, another compliance case was discussed involving the property at 13133 Estero Boulevard, previously known as the Island Shores Club. The property owner had successfully met compliance by demolishing the non-compliant structure and was seeking an order of compliance to close out the case. The attorney representing the property owner confirmed that all necessary steps had been taken, and gratitude was expressed for the resolution of the matter. The council acknowledged the importance of resolving compliance issues before the hurricane season and the implications for FEMA’s probation status.

Separately, the council addressed code compliance cases, including one concerning the property on Estero Boulevard, owned by Nautical Marketing LLC and known as “the goods.” This case was noted as compliant, and no fine was sought since compliance had been achieved. However, a $250 administrative fee was imposed to cover the town’s costs, despite a request for relief due to the business’s financial struggles. The town attorney emphasized that the fee was consistently applied across similar cases.

Another case involved the property on Estero Boulevard, owned by KLC Surf LLC, which remains non-compliant with an appeal pending in circuit court. The property owner and tenant are attempting to secure permits and develop plans for a new structure. Renderings and site plans have been obtained, and a pre-application meeting for a development order application has been requested. The magistrate responded positively to the proposed architecture and the collaborative efforts between the property owner, tenant, and town authorities in navigating the compliance process.