Fort Myers Beach Council approves extensions for trailers based on hardship applications
The Town of Fort Myers Beach Council has voted to allow for the extension of temporary placement permits for residents and businesses with trailers to June 1, 2027 for those who can show they are facing hardships and are working on rebuilding their homes and businesses.
Just a few weeks ago, dozens of Fort Myers Beach property owners living in trailers while they rebuild their homes or who operate their businesses were facing an imminent crisis with town officials informing the public that all trailers would have to be removed by Sept. 23. After a site visit from FEMA last month, the town said the date might actually be Aug. 8 as the town worked to get in line with FEMA in order to get off probation and regain the town’s 25% flood insurance discount. The town lost that discount when FEMA put the town on probation last year for alleged permitless work after Hurricane Ian and for not following its own zoning code and floodplain regulations.
According to the town there are 158 active residential temporary placement permits issued since Hurricane Ian and 51 commercial emergency temporary placement permits for businesses. The permits were due to expire Sept. 23.
Applications for an extension can be submitted to the town manager.
The tenor of town leadership changed two weeks ago when Town of Fort Myers Beach Manager Will McKannay said there were still many homeowners staying in trailers who are facing hardships as they try to rebuild their homes and awaiting insurance payouts. McKannay said the town will be looking to grant extensions for temporary trailers to those facing hardships.
The town’s counsel Nancy Stuparich said the town’ council’s ordinance that was amended in March of 2024 revoked the emergency temporary permits issued by the town after Hurricane Ian, allowed the council by resolution to provide for extensions past a Sept. 23 deadline for when the permits expire. The town had assumed the Sept. 23 deadline was a hard-stop date based on a state law which extended emergency
“The use of emergency temporary permits is very limited,” Stuparich said.
McKannay said a resolution will be put together before the next town council meeting on Monday, Aug. 18 to allow the town to go beyond the Aug. 8 deadline set by FEMA and past the Sept. 23 deadline the town had set to be in accordance with the state extension for the trailers.
Those trailers would have to be able to be towable, road-ready and able to be pulled by a light-duty truck, with a quick disconnect from utilities. A four-hour evacuation plan will also be required.
Town counsel Nancy Stuparich said the town’s extensions would be on a case-by-case basis upon request to the Town Manager. McKannay would be able to sign off on the extensions. In the case of a denial by McKannay, a property owner could appeal to the town council.
The town had been notified by FEMA last month that it had until Aug. 8 to comply with requests for information on permits and to remove non-compliant structures as part of a list of 252 properties it said required further documentation and mitigation.
The notification followed a site visit by FEMA officials as part of its review to remove the town from probation and get the town back into the National Flood Insurance Program. Under the terms of an agreement earlier this year, the town could be taken off probation in November if it complies with certain terms and meets objectives set by FEMA. The town could potentially be back in line to receive its 25% National Flood Insurance Program discount that it lost last year by next April.
Stuparich said that the recent communications from FEMA does not mention anything about RV’s or residential uses for trailers, only “non-compliant structures.” Stuparich said that the town code does allow for RV’s that can be towed under the circumstances being drafted by McKannay.
Stuparich said the trailers in the town will need to be compliant with FEMA code.
Mayor Dan Allers has previously complained about inconsistent messages from FEMA.
Last year, the town issued numerous citations against property owners for storage containers on site in order for the town to meet FEMA demands related to the town being put on probation for permitless work. The citations included one against La Ola, which is still being challenged through a special magistrate office.
Stuparich said the town can not prohibit a residential use of the trailers before Sept. 23 but once the state law expires Sept. 23, the town can expand its uses for the trailers, Stuparich said.
Allers expressed concern about whether the town would face new repercussions from FEMA if it began issuing new permits for temporary structures.
There are nine hardships listed for the town manager to consider. If the town manager doesn’t grant an extension to a homeowner, they could appeal to the town council.
“I just see a headache coming,” Fort Myers Beach Mayor Dan Allers said. “I am fully in support of trying to extend those who are having a hardship. What I don’t want to see is our agenda filled up with 51 businesses who think that because they want to for whatever reason not follow the rules, that they have some sort of hardship that we should feel sorry for them because either they weren’t here before the storm or they have decided they want to add things that aren’t allowed in the permit.”
Safford asked Allers “Can you give me an example?”
“I prefer not to but we all know there are several on the island that are like that,” Allers said.
Allers asked McKannay to confirm if the properties had any code violations they wouldn’t be able to gain an extension.
McKannay said property owners not in compliance with town codes and facing code violations wouldn’t be able to gain an extension for an emergency temporary permit until they were in compliance.
Allers indicated he would feel better knowing that those out of compliance with code violations couldn’t get extensions.
“You are looking at the bad actors,” Safford said. “I think the assumption here is you have to be a good actor to go through this process.”
Allers said if a bad actor corrected the code violation and then came in front of the town council for a hardship request it could create an issue for him.
“I am just struggling. This is a lot of vague language in here for me,” Allers said. “I support it if the staff feels there is a hardship and they can prove,” he said. Allers said he was concerned about dealing with applications staff has already rejected. Allers said the intent of the temporary permits was to help those working to rebuild their homes and businesses and expressed concern for businesses that might “drag out” their permit.
Vice Mayor Jim Atterholt, who grew concerned last month that the town might not be able to provide grace to those in special exceptions, said on Monday that he worked on making sure there was an opportunity for those in need and working in good faith to clean up their properties and rebuild their homes to get an extension.
“I think it’s important that we create a path for people who are working in good faith to rebuild and it’s important that it’s in sync with FEMA to regain our insurance discount,” Atterholt said.
Atterholt said that he believes increased communication between the town and FEMA led to “a lot more clarity” on how to provide an extension to those who need it while being consistent with what FEMA was asking for. FEMA had requested documentation and corrective actions on 252 properties by Aug. 8.
Under the resolution approved by the town council, the hardships that would need to be cited are among the following:
Delay in processing Elevate Florida application
2. Delay in obtaining construction mortgage or refinancing
3. Delay based on an inability to find licensed professionals to rebuild
4. Delay due to a dispute with a licensed professional or insurance adjustor/carrier
5. Delay due to the lack of available equipment/materials to complete construction
6. Hardship due to inability to sell property
7. Hardship due to inability to secure alternative location to operate business or residence
8. Hardship due to delay in permitting process
9. Hardship due to extended family illness/death of property or business
The burden is on the property or business owner to provide documentation of the
hardship and a plan for resolving the hardship, to the Town Manager to obtain a Hurricane
Ian ETPP Extension.
In addition, any extension shall require that the property owner reside in the unit full-time and not have a second home elsewhere. Any extension shall include continuation of any previously imposed conditions.
To reach Nathan Mayberg, please email nmayberg@breezenewspapers.com