Fort Myers Beach Special Magistrate Addresses Compliance Issues with Non-Compliant Structures
- Meeting Overview:
During the recent Fort Myers Beach Special Magistrate meeting, discussions centered around compliance with FEMA regulations and town ordinances, focusing on several non-compliant structures across the town. These included cases involving mobile office trailers, constructed bars, and temporary structures, all requiring immediate action to meet floodplain regulations and ensure public safety.
A primary focus of the meeting was the compliance case involving Moss Marina at Harbor Court. The property was found to have shipping containers and a mobile office space that failed to meet floodplain regulations. Officer Yazo detailed that these structures were non-compliant, as they did not reach the required elevation above sea level and lacked necessary engineering plans. Gary Foco, the general manager, did not dispute the violations and confirmed plans to remove the mobile office trailers within two weeks, pending permits. The magistrate agreed to a compliance deadline of October 19, 2025, and reserved a decision on fines, which could reach $250 per day for continued non-compliance.
Another notable case involved the property owned by the Bradford Joseph Benson Trust, housing the Buffalo Grill. Fred Malone, representing the tenant and property owner, discussed compliance issues concerning a constructed bar on the property. Recent changes in FEMA guidelines had necessitated a reevaluation of the structure’s legality. Malone assured the magistrate that they were promptly replacing the non-compliant structure with a compliant trailer and aimed to meet the October 19 deadline.
Limos Unlimited LLC also faced scrutiny over a non-compliant structure in a coastal zone. Ruby Pati, the owner, expressed surprise at the violation notice, citing prior compliance with issued construction permits for a temporary trailer. The meeting explored the practicality of evacuation plans, with Officer Yazo and the floodplain manager, Kelly DeFedicius, emphasizing that compliance required either removal or elevation of the trailer to the necessary flood elevation. Despite Pati’s concerns over the timeline and external delays, the magistrate reaffirmed the need for adherence to FEMA guidelines to ensure safety.
The Estero Bay Improvements Association was similarly addressed concerning a sales trailer that violated town ordinances. The association’s attorney, Lisa Vanine, confirmed plans to remove the trailer by October 19, 2025, while acknowledging potential delays due to the demolition of associated structures. The magistrate set the same compliance deadline and noted the potential for fines if requirements were not met.
They engaged with property representatives to facilitate paths toward compliance while ensuring accountability through the imposition of potential fines and court costs. The magistrate scheduled a status review for October 29 to reassess progress and address outstanding compliance issues.
Dan Allers
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Committee:
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Meeting Date:
10/01/2025
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Recording Published:
10/01/2025
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Duration:
73 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Lee County
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Towns:
Fort Myers Beach
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