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Robertsons granted 30 days to show significant progress on permits for 4855 Dolphin Lane
Summary
Christopher and Shannon Robertson were given 30 days by the special magistrate to show significant progress toward bringing work at 4855 Dolphin Lane into compliance; town said resubmittal was incomplete and requested $250 administrative fee and $250-per-day fines if no progress after the period.
Monica Schmucker, special magistrate for the Town of Fort Myers Beach, ordered the owners of 4855 Dolphin Lane to show significant progress toward compliance within 30 days after the town reported incomplete resubmittal materials for permits.
Code enforcement officer Terry Wike told the magistrate that the town observed work without permits on Aug. 9, 2024; a permit application on Sept. 10, 2024, was rejected and required resubmittal, and reinspections in April 2025 found the property remained in violation. Wike said additional paperwork submitted on June 2, 2025, remained incomplete and that permitting staff advised the application was not yet sufficient to approve a permit. Wike noted the town’s records show permit applications dating back to 2019 and included screenshots and Google Earth imagery entered as exhibits.
Respondents Christopher and Shannon Robertson said they have tried to be compliant, described contractor abandonment and alleged financial loss to a contractor who left the job, and asked the town for help locating required items such as flood affidavits, flood vents, and FEMA documentation. Wike and the magistrate urged the homeowners to disclose any interior changes and include those items in the resubmittal so the town could assess compliance comprehensively.
The town requested an order finding violations, an administrative fee of $250, 30 days to apply for and receive permits or show significant progress, and $250-per-day fines if violations are not corrected after that period. Magistrate Schmucker directed the town to provide the homeowners a concise list of needed permit items and a single staff contact to help the homeowners get resubmittal materials started; she said she would not automatically impose fines if demonstrable progress occurred, but would if there was no meaningful progress after 30 days.
Discussion: town explained specific missing items (resubmittal details, flood-related documents) and showed photographic evidence and permitting history. Decision/direction: town to give homeowners clear resubmittal list and point of contact; magistrate to issue an order requiring demonstrable progress in 30 days; potential fines to follow if no progress.
