[{"_1":2,"_111":-5,"_112":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6215767,"mediaKeyId","3656441-e56a367c6e84fcce3dca9f36359a081e","parentId",3656441,"title","Magistrate gives First Baptist Church time to pursue raising trailer after floodplain violation","audioSeconds",2103,"startMs",82000,"endMs",2185000,"viewUrl","/Search/View?dp=1&key=3656441-e56a367c6e84fcce3dca9f36359a081e&start=82&end=2185","thumbnailUrl","https://assets.pipeline.soar.com/3656441-e56a367c6e84fcce3dca9f36359a081e/thumbnail_82000.jpg","articleUrl","/articles/6215767/Fort-Myers-Beach/Lee-County/Florida/Magistrate-gives-First-Baptist-Church-time-to-pursue-raising-trailer-after-floodplain-violation","mediaUrl","https://secure.pipeline.soar.com/6215767-038de58573f3909d7e9389b0e36c97f5/orig.mp4?Expires=1771150776&Signature=GGoJgpiAcXcAAj-S8vXxgmBelK6q~YSFNHLN4BSpaIh~TyYxO8EFmSUVCqSW0sAwlKlIizuPFrOFGKgP08OlymOLGPR~Z7vThjrG2BpIVzGOG8jvyBFH-Rte4esZ7oi2BfvM8OR2724ZTUb~LIsO3utRFOsK6XzaQ41~Sp82wYcCcXKK-kfaNenUUWju8a5NHL93m8v7bddMqImza1fCorJ4yypid-RBaiZ-c~1GnQjxrS4yiag7TTeCds0ivhjH9yhU4HRT0oQ~MUd~nu70zohJ1-CobgWEu-7FVpmx98bqK3dRjZWeo9gwT4OwCxgK-YBuOlNW8GqkO9amvCZufA__&Key-Pair-Id=KUT5TJCACFTXG","author","Town Council of For Myers Beach, FL","date","2025-06-04T01:55:14Z","article","FORT MYERS BEACH, Fla. — The Fort Myers Beach Special Magistrate found on Tuesday that a temporary structure at First Baptist Church, 134–138 Connecticut Street, is noncompliant with town floodplain rules and set a compliance schedule that allows the church additional time to seek a remedy.

The magistrate, John Van Laningham, said he would set a compliance date in August and hold a status review at the Sept. 2, 2025 hearing to determine whether to impose fines; he made clear he would likely suspend fines while the church showed “diligence and good faith” toward compliance.

The finding follows code-enforcement inspections that began Oct. 28, 2024, and a notice of violation the town issued on Nov. 13, 2024. Thomas Yazzo, the town’s compliance/emer gency services director, told the hearing the subject property sits in a coastal AE flood zone and that the temporary unit was not elevated to the finished-floor elevation required by the town’s land-development code and the referenced ASCE 24-14 standard.

Town floodplain manager Kelly DeFedericis testified that the property is in a base flood elevation (BFE) of 11 and that the required finished-floor elevation is one foot above BFE — 12 feet in this location. “Without this elevation certificate, we cannot determine how much higher it needs to go, to make it compliant,” DeFedericis said, adding that an elevation certificate must be prepared by a surveyor.

Pastor Sean Critzer, who identified himself as the church’s pastor and spoke for the respondent, said the church is not seeking to “contest the violation” but urged the magistrate to consider the town’s permitting history and the financial burden on the congregation. Critzer said the temporary unit and related expenses cost about $121,000 and asked the town or the magistrate to consider sharing responsibility for removal or remediation. “We would ask for the whole hundred and 21,000 back,” Critzer said.

Town staff noted that the town revoked temporary-placement permits in December 2024 at FEMA’s request while the town works to come back into compliance with FEMA floodplain standards. The town presented FEMA letters dated July 19, 2024, and Nov. 12, 2024, and a town post-disaster compliance status update report documenting identified permitting failures and placements of temporary structures in coastal high-hazard areas.

Magistrate Van Laningham said the hearing record shows a violation and that his authority is limited to determining code compliance and assessing administrative remedies; he told the church he could not award monetary damages for the pastor’s claimed costs. The magistrate said he would accept town exhibits and photographs into the record and would set a compliance date in August with a status review on Sept. 2 to decide whether fines should begin.

Town staff told the magistrate they preferred to pursue compliance rather than immediate removal and asked for a longer compliance period to work with the church on either removing the unit or bringing it into compliance, including options to elevate the structure. DeFedericis offered to meet with the church after the congregation obtains an elevation certificate to determine how much elevation — if any — is required.

The magistrate’s order will be issued to the parties; it will confirm the violation, set the August compliance date (specific date to be provided in the written order) and schedule the Sept. 2, 2025 status review. The magistrate retained authority to start fines as of the compliance date if the respondent does not make timely, good-faith progress toward compliance.

The town and the church were directed to coordinate on obtaining an elevation certificate and on permitting steps needed to raise the unit if that option is chosen.","mediaType","Video","parentTitle","DOAH Special Magistrate Meeting, June 3, 2025","oneSentenceSummary","The Fort Myers Beach Special Magistrate found a temporary structure at First Baptist Church, 134–138 Connecticut Street, is noncompliant with town floodplain rules and set an August compliance deadline with a Sept. 2 status review.","taxTitle","Fort Myers Beach, Lee County, Florida","taxId",66110,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6215754,"Certificate-of-lien matter involving Hemelstein Associates continued to Aug. 5",62,2756000,2818000,"/Search/View?dp=1&key=3656441-e56a367c6e84fcce3dca9f36359a081e&start=2756&end=2818","https://assets.pipeline.soar.com/3656441-e56a367c6e84fcce3dca9f36359a081e/thumbnail_2756000.jpg","/articles/6215754/Fort-Myers-Beach/Lee-County/Florida/Certificate-of-lien-matter-involving-Hemelstein-Associates-continued-to-Aug-5","https://secure.pipeline.soar.com/6215754-0cba8d5a60e70f51e722cc4f64d43b8f/orig.mp4?Expires=1771150776&Signature=QcFe70-hkC00l4GVQ7MOdSm5GR7uVaqU8Z3xzEsR~jjhZvDESVIb7HTYFkBuwZnrg3P3QsvL6myy-by1doHIx4DWd9eZgIrwzdHohgML0FUZpYVdG8c-WRaSPMu82E5w~WzKYpkIbki88mdpbuwzkbB6UNVOGRkS2SgL8Lju9PsQiio41W~YrMMYX2ZhPY0AVtmmYXSB0TTRsD44aDYVTq7jdyT9nza-7ujaA2~zJuU7JrO~iT4Sfco55hpZT2kxrgxo9o2NxHFwPANApzXRS9DdTwAo6TYiPhonQSfNqZe61bpBwWFIEAxQZO8kz6l7rl4HHh39cU7xMo3PNol6Vg__&Key-Pair-Id=KUT5TJCACFTXG","FORT MYERS BEACH, Fla. — A matter concerning a certificate of lien for property associated with Hemelstein Associates was continued to the Aug. 5, 2025 Special Magistrate agenda so the town can coordinate notice with the company’s counsel and complete required steps for a lien assessment.

Town staff told the magistrate the property is currently in compliance but that the town needs to document and process the period during which the property was out of compliance before assessing any lien. The town requested a continuance for procedural reasons and to provide a courtesy notice to the property owner’s attorney.

The magistrate continued the matter to Aug. 5 to allow the town to complete its administrative steps; no lien was assessed at the hearing.","A hearing to assess a certificate of lien related to Hemelstein Associates was continued to Aug. 5, 2025; town staff said the property is now in compliance but the lien assessment timeline requires additional process and a courtesy notice to the owner’s counsel.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6215758,"Condominium at 6500–6502 Estero Blvd. removed noncompliant structure; magistrate orders $250 administrative fee",99,2611000,2710000,"/Search/View?dp=1&key=3656441-e56a367c6e84fcce3dca9f36359a081e&start=2611&end=2710","https://assets.pipeline.soar.com/3656441-e56a367c6e84fcce3dca9f36359a081e/thumbnail_2611000.jpg","/articles/6215758/Fort-Myers-Beach/Lee-County/Florida/Condominium-at-65006502-Estero-Blvd-removed-noncompliant-structure-magistrate-orders-250-administrative-fee","https://secure.pipeline.soar.com/6215758-5d1aa515ff2a48e0779b1251f5346bda/orig.mp4?Expires=1771150776&Signature=lukhNoQLqLGN8t80IkgUg7eFIY20VymNFTE10wRnx8HmqRI9huFrM6qy4Vgz9nFRR7v68pK05u-QxCCQtP2VpYhDpUOo7zX2DqPQEzki9uOyVAKra56z0vDMpXT4n-ucR4hB8Xq9DcTFKw9BnU2ucNKAK6GyQ1x6OdSGk7mkYJ~IFg~65P46zGg4dPyyYSfv-RhJu5BxnP8OZ2B2xR9XM1JjAsgBiN715dFqYj76GDp1cjpdlZkj0qS7ol9Q7TEd3scWy0ZRK2zkkRkkxXK4VO58CLMw-xph-q4KpCGH1GTSkl8GQ34kBlgCcLdimteA3EnuhLqbr3Qw1v36yHIQyA__&Key-Pair-Id=KUT5TJCACFTXG","FORT MYERS BEACH, Fla. — Town staff reported to the Special Magistrate on Tuesday that a noncompliant structure at the condominium complex 6500–6502 Estero Boulevard has been removed and that an affidavit of compliance was filed on May 29, 2025.

Thomas Yazzo, the town’s compliance and emergency services director, told the magistrate the town had photographs and an affidavit documenting the removal. The town asked the magistrate to enter an order recognizing the earlier violation had been corrected and to assess administrative costs.

Magistrate John Van Laningham received the town’s exhibits and evidence, entered an order finding that a violation had existed but had been corrected, and assessed $250 in administrative costs for prosecution of the case. The magistrate did not impose additional fines because the violation was corrected before further enforcement action.

The town will maintain the record of the affidavit and photographs in the case file; no further action was requested at the hearing.","Town staff reported that a noncompliant structure at the 6500–6502 Estero Boulevard condominium was removed and an affidavit of compliance filed; the magistrate entered an order establishing the earlier violation was corrected and assessed $250 in administrative costs.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6215763,"Hearing for shipping container at 5790 Estero Blvd. continued after town cites failed owner contact",244,2266000,2510000,"/Search/View?dp=1&key=3656441-e56a367c6e84fcce3dca9f36359a081e&start=2266&end=2510","https://assets.pipeline.soar.com/3656441-e56a367c6e84fcce3dca9f36359a081e/thumbnail_2266000.jpg","/articles/6215763/Fort-Myers-Beach/Lee-County/Florida/Hearing-for-shipping-container-at-5790-Estero-Blvd-continued-after-town-cites-failed-owner-contact","https://secure.pipeline.soar.com/6215763-01211d989779e58a5b4808547c2a61ec/orig.mp4?Expires=1771150776&Signature=irOEbXKP2eV404u~3jUDW1VHykutzjVq6yhhLXvNLIUhc91voVyiQVj3QeUDNz~FVTFhVs7C206F7PNGfYFItfom22zI8GRPbBBDgRCyi-rDFfryj679PursIa7v~Ry54NM5jr0qYD8l1ENU1fae1p~fKWHbx7ToBJgQ222D7Thk9Zey-j1Opnt6GXbKai~TaxV8g77Hy8Q-URX8~BClAMHmHTOJvyu-lVgjESkZM6X~GHvuAUACe9vVsQxu1GJSH6ddCQa5BryUXoVDSi17ujNBmsRHq~EHXIWW7cAjLdxolddXYo2j23KCtlOnyEeRFmhJAtrtnRZCTborViz5vg__&Key-Pair-Id=KUT5TJCACFTXG","FORT MYERS BEACH, Fla. — A code-enforcement hearing for a shipping container on the property at 5790 Estero Boulevard was continued to the Aug. 5, 2025 Fort Myers Beach Special Magistrate agenda after town staff said they were unable to contact the property owners.

Thomas Yazzo, the town’s compliance and emergency services director, told the magistrate that the owner information in the Lee County records shows the owners as the Antonino DeMilo Trust and the Lynn Jackson DeMilo Trust. Notices were mailed by certified and regular mail to a Canadian address (30 Stonegate Street, Stouffville, Ontario) and to the Estero Boulevard address, the town said, and a notice was posted at the property and at town hall.

Yazzo said staff also attempted telephone contact and left messages but had not received a response, prompting the town’s request for a continuance to allow additional noticing and further contact efforts. The magistrate continued the case to Aug. 5, 2025 and instructed the town to pursue any additional statutory noticing measures needed to complete service.

Yazzo described the item as a mini shipping container placed on a construction site and said the town had previously notified the construction company; photographs in the town’s file show the container remained on the property for months.

The continuance preserves the town’s enforcement options while staff continue noticing efforts.","The magistrate continued a code-enforcement hearing for a shipping container at 5790 Estero Blvd. to Aug. 5, 2025, after town staff said certified mail, posting and phone attempts failed to reach the out-of-country property owners.","actionData","errors"]

Article not found

Magistrate gives First Baptist Church time to pursue raising trailer after floodplain violation

Certificate-of-lien matter involving Hemelstein Associates continued to Aug. 5

Condominium at 6500–6502 Estero Blvd. removed noncompliant structure; magistrate orders $250 administrative fee

Hearing for shipping container at 5790 Estero Blvd. continued after town cites failed owner contact