Councilman clarifies issues
Our local newspapers have every right to print letters to the editor and guest opinions. Writers, however, and especially those who are known in our Town and have been involved in or with local government, should be careful not to promote their own agendas by offering their personal opinions as fact.
The Town Council, far from losing its way as suggested in a letter to the editor, has brought issues to closure while also advancing many initiatives begun by prior Councils.
Constructive criticism and/or questions in these pages are beneficial; however, fear mongering, interpretations of legal documents without reference to legal opinion, and contradictions in argument serve only to confuse. For example, Mr. Babcock stated in a letter written April 5, 2011, “if Town Council grants the applicant’s appeal, it is possible that FEMA could react by moving to suspend Town participation in the National Flood Insurance Program (NFIP) … why is our Town Council even considering putting all property owners at risk?”
Civility to an applicant should not be misinterpreted as putting the taxpayers of this island at risk. From the recording of the meeting, it is evident no Council member was inclined to vote for the appeal.
In his next letter, the gentleman reverses his position and is opposed to improvements, which would mitigate the taxpayers’ flood insurance rates.
In this decision dealing with pre-disaster build back, the Council, as opposed to what was stated in the letter, considered: the LPA’s non-unanimous vote, neighbors’ opinions, staff’s opinion, the Town Attorney’s counsel and, consequently, permitted the replacement of an old structure by a safer building, and one which may contribute to an improvement to our NFIP ratings by FEMA for related flood premiums
Regarding the Town’s intent when the codes were written, Bill Van Duzer, a former Mayor and current member of the LPA, told Council the code was developed to prevent buildings such as DiamondHead. The property in question cited by Mr. Babcock, at three stories, is nowhere near the dimensions of Diamond Head. In addition, according to Town Staff, the former Community Development Director indicated the Land Development Code is not clear on this matter as well as the Town’s consultant, who wrote the Town’s Comprehensive Plan.
The letter to the editor asserted “a 50 percent increase in the number of dwelling units.” Not really. According to the Town Attorney, County records indicate 3 units. The owner has three and requested only three. Based on County records, there is no increase in the number of dwelling units.
The owner, according to the Town Attorney, has the right to build back 8000 square feet after a catastrophe. For an increase of a 990 square foot variance, the owner is encouraged to spend money now to prevent damages to his and surrounding properties in a catastrophe. The 16.7 percent increase in height, indicated by Mr. Babcock, is actually five feet. The applicant, in addition to other concessions, agreed to a copula to enclose unsightly roof mechanical equipment from neighbors’ views. Variances in height, of a small amount are not uncommon; for example the Library received a height variance.
Council made a policy decision, its responsibility, enabling construction of a safe building as well as one architecturally compatible with its neighbors. Of the 55 owners of other inferior structures on the beach, as cited by Mr. Babcock, only one or two, according to Town staff, are similar, that is, short buildings ( one story over parking) with much taller buildings (at least six floors) immediately adjacent on both sides. Precedent has not been established. A planned development zoning with deviations is unique-each request stands on its own merits. That said, the Town will benefit if all the 55 owners meet the same improvement criteria resulting in safer buildings, a lower insurance burden to the Town’s taxpayers, higher property valuations and taxes to the Town .
Mr. Babcock, regarding Crescent Beach Family Park, expressed concern if the “Town Council allowed development of oversized buildings in that area.” Why create fear? The property is owned by the County, and I, for one, would not support oversized buildings.
I feel it would have been irresponsible to let these statements go unchallenged.
I look forward, when necessary, to discussing other instances of misinformation as well as Council issues with you.
Alan Mandel is a Councilman for the Fort Myers Beach Town Council. He can be reached at alan@fortmyersbeachfl.gov.