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BBOAA 1/23/2026 (Draft) MINUTES OF THE COLLIER COUNTY BUILDING BOARD OF ADJUSTMENTS AND APPEALS January 23, 2026 – 9:00 a.m. LET IT BE REMEMBERED that the Collier County Building Board of Adjustments and Appeals met in regular session on Friday, January 23, 2026 at 9:00 a.m. in the Growth Management Community Development Department Conference Rooms 609/610, 2800 N. Horseshoe Drive, Naples, Florida. Members Present: Jonathan D. Walsh, Chairman John A. Melton, Vice-Chairman Michael A. Mick Eloy Ricardo William Swanson ALSO PRESENT: Ronald Tomasko, Assistant County Attorney (Legal Counsel) Fred Clum, Chief Building Official (Secretary) Robert Moore, Staff Liaison Anisley SanRoman, Operations Support William Lane, Collier County Floodplain Coordinator John Iowa, Applicant/Property Owner I. CALL TO ORDER Acting Chairman Jonathan D. Walsh called the meeting to order at 9:00 a.m. II. ROLL CALL Roll call was taken, and the following members were present: Jonathan D. Walsh, William Swanson, John A. Melton. Quorum was established with all members present. Election of Chairman and Vice-Chairman Vice-Chairman John A. Melton made a motion to elect Jonathan D. Walsh to continue as Chairman of the Building Board of Adjustments and Appeals. The motion was seconded by an unidentified member. Motion passed unanimously. Chairman Jonathan D. Walsh made a motion to elect John A. Melton to continue as Vice-Chairman. The motion was seconded by an unidentified member. . Motion passed unanimously. III. ADDITIONS AND REVISIONS TO AGENDA Chairman Walsh asked if there were any additions or revisions to the agenda. A question was raised regarding the draft document provided, and Ronald Tomasko clarified that it was a draft approval example and the board was not bound by it. No other additions or revisions were proposed. IV. ADOPTION OF AGENDA – MEETING OF JANUARY 23RD, 2026 A motion was made to adopt the agenda as written. The motion was seconded. Motion passed unanimously. V. NEW BUSINESS a. Flood variance The board heard the flood variance request for permit DRCP20240729273, a 40 by 50-foot steel storage building on a 5-inch slab located in a flood zone. The applicant, John Iowa, property owner, presented his case (left indent 0.5, TNR 12): He provided his background as a former New Jersey State Trooper, military veteran with two tours overseas, and work at the Idaho Attorney General's office. He stated ignorance of Base Flood Elevation (BFE) requirements was no excuse but requested discretion. He noted the property never floods, with a 1% annual chance and 26% over 30 years. He signed a non-conversion agreement, installed 10 flood vents (each 200 square feet for the 2,000 square foot building), and emphasized no electricity, HVAC, septic, or utilities—only two 14x14 doors and a walk door. The building is for storage only, hurricane-rated, and not visible from the street. He thanked the board, noted he is out of his comfort zone speaking due to his background and TBI from Afghanistan, and stated he mitigated issues with vents and agreement. He would not repeat the process knowing now, but requested approval. Floodplain Coordinator William Lane presented staff's recommendation (left indent 0.5, TNR 12): He introduced himself as unincorporated Collier County Floodplain Coordinator, certified emergency manager and floodplain manager, with 17 years in the county. He provided history: Collier County in NFIP since 1979, CRS since 1992 (Class 5, 25% discount on ~66,000 policies, ~$9.6M savings as of 2022). Flood maps updated in 2012 adding AH zones for shallow flooding. Regulations under 44 CFR 60, Florida Building Code since 2017, and local ordinances. In 2019, FEMA enforced variances for detached accessory structures. Worked with state for tiered system: <600 sq ft no variance needed if mitigated; 601-1200 sq ft administrative variance; >1200 sq ft full variance required. Variance authority from CFR, FEMA bulletin P-2140, state guidance Nov 2020, local ordinance 2022-07 (Ch. 62-77). Historical variances mishandled by BCC until 1994; now this board hears them. This is a process variance, not land-based hardship. Staff recommends approval, but noted concerns on precedent, mitigation measures added (topographic survey pre-slab), costs (~$1,250 variance fee vs. $5-10K fill), and post-disaster implications (insurance increases, perpetuity clauses). He elaborated on flood debris, claims, conversion potential, and answered questions on CRS impact (no negative if enforced), insurance variables (distance to water, replacement cost, etc.), and disaster assistance. Building Official Fred Clum supported the recommendation. b. Public comment was opened. No additional public speakers registered. Chairman Walsh heard from the building official, who supported approval. A motion was made to close the public portion. Seconded by Michael A. Mick. Motion passed unanimously. The board deliberated: Errors occurred due to learning curve and assistance issues (permit runner Nora Frey); mitigation measures in place to prevent future issues; applicant punished by higher insurance; post-disaster concerns clarified but not primary for accessory structures. A motion was made by an unidentified member to approve the variance as written, with clarification that increased insurance applies only to this property/structure. Seconded by an unidentified member.. Motion passed unanimously. A second motion was made to allow the Chairman to sign the amended/executed variance later without bringing to the board again. Motion passed unanimously . Recommendation summary: Staff recommended approval of the flood variance for the 2,000 sq ft detached accessory structure with conditions: proper anchoring, flood openings, flood-resistant materials to BFE+1 ft, equipment/machinery to BFE+1 ft, non-conversion agreement recorded. Board approved with noted clarification on insurance impact specific to this structure. VI. OLD BUSINESS No old business was discussed. VII. OTHER BUSINESS No other business was discussed. VIII. ADJOURN A motion was made to adjourn. Seconded. Motion passed unanimously . There being no further business for the good of the County, the meeting was adjourned at 11:05am Jonathan D. Walsh, Chairman These minutes were approved by the Committee/Chairman on ___________________, (check one) as submitted _______ or as amended _______.