Thursday, October 8, 2009

Enclosures

I have a feeling that recent ruling by the Federal Government is going to have a huge impact in the Florida Keys, and the fact there hasn't been much public comment after the ruling was handed down, is a measure of how hard people must be thinking about it. For some it's government piracy for others it's common sense and for people caught in the middle it could be financially disastrous. A cutthroat issue indeed. The rule is all about downstairs enclosures.Most of the Florida Keys lie in a flood plain which means that any time Mother nature gets upset there is a really good chance water, and most likely highly corrosive salt water will come washing over an island or two. We had dramatic proof of that in 2005 when Hurricane Wilma pushed flood waters across the Keys causing huge amounts of damage. I found this picture of Marathon under water on the NOAA government website: The solution adopted in the Keys is to require homes to be built on stilts above the flood plain. I visited New Orleans after Katrina ravaged that city and oddly enough the debate in that community turned firmly against the use of stilts as being unsightly. I remember one commentator called homes on stilts "cocktail onions on toothpicks." Very funny I'm sure but come the next flood I'd rather be up here than down there frankly, and the next flood is only a matter of time. So, around here this is generally the first construction step after building a foundation, if one chooses to undertake the extremely long and tedious process that it is building a new house in the Keys:
For someone like me the open space under my house is a bonanza of space to put things, to park my vehicles out of the sun, to use as an open air workshop. The fact is that the salt air of the Keys is horribly corrosive and an un-air conditioned shed is not much protection against rust and corrosion. If I want to preserve something delicate I find space to store it upstairs in my well ventilated house. I am very happy I have no enclosure of any kind under my modest little seven hundred square foot home. Lots of people like to make more use of their downstairs spaces:
Some people like enclosed storage areas, other want garages,
...while some people like to mix it up and use part of the space as a shed and part as open storage or parking:One of the advantages of buying a suburban home outside Key West's old town is the house on stilts concept, elevated to protect against floods while also offering parking storage and shade on a decent sized lot. A wonderful opportunity for creative home ownership you might think. This is where the fly rears it's head out of the ointment. That would be the National Flood Insurance Program, which is a federal program to provide affordable flood insurance and it comes with rules. One of those rules is...no enclosures! The Feds argue that the point of stilt homes is to keep living spaces out of danger and any construction under the flood plain can only be for storage and not used as living space. No fixed kitchens, no bathrooms allowed and so on.The thing is, many people have bought homes in the Keys planning to offset the high cost of buying, by renting out their (illegal) downstairs units. Supposedly they were informed at the time of the purchase that the units were illegal but I'd bet they were also advised that no one cares, "everyone does it." Now it seems the rules are changing and not for the better for people who have illegal units. Best of all is to have no enclosures in my opinion, and to breathe easy like the owner of this manufactured home in the air:The next step in this process was an agreement the county signed in 2002 which set up inspections of people's private property. It was agreed between the Feds and local county government that anyone applying for a permit for any work would be subject automatically to an enclosure inspection. Some people protested but the majority viewed it as "no big deal," not least because not many people got their downstairs enclosures red tagged. That seems likely to change if the Feds follow through on their promise to require compliance if the county wants to participate in the federal flood insurance program. Anyone with a mortgage has to have such insurance to cover their loan, and there are plenty of mortgages that need flood insurance in low lying Monroe County.

This is what helps to make an enclosure legal: flow through. In other words if the land floods, the flood waters won't be pent up bashing the structures lower walls, instead the pressure inside and out will be equalized until the flood waters recede:From where I stand it makes sense to have rules for flood insurance. It also makes sense to enforce them. So then what? Do you grandfather existing units and give them flood insurance despite their potential for damage? Do you tell people to tear the units down and deprive themselves of rent? What do you do? County Commissioner Mario DiGennaro is promising to tilt his lance at the feds and tell them where to get off. I doubt they will be impressed but one can only hope.I foresee a lot of time spent in the courts, a lot of gnashing of teeth and a lot of stress for a great many homeowners across the Keys. I hope eventually there will have to be some sort of compromise but from where I'm sitting it seems to be irresistible force versus immovable object.
It's times like these one takes the wife's scooter out into the back country and one goes for a walk to enjoy the solitude of untrammeled nature.

6 comments:

staging professionals in Toronto said...

Hi. Interesting reading. When I heard first time about houses in Florida I was wondering why they stand on pillars, now I know it is very useful thing. Usually, we can not do much against Mother nature and the feeling that you are helpless against it, is terrible. But fortunately we can learn from the past.

Best regards,
Ella

Conchscooter said...

Living on stilts is a sign of our refusal to bow to the inevitable. Homeowners in the Keys are always bitching about the cost of insurance but the actuarial tables don't lie and insurance companies know exactly what our odds are of getting flooded...My house, built in 1987 is built eight feet (2.8 meters) above the ground which was the requirement back then. Now you'll see houses 15 feet (5 meters) up in the air, which is a lot of climbing to do.

Jack Riepe said...

Dear Conch:

Stiffie and I used to rent a house on Coroba Beach in the Outer Banks, until the last year when were were forced to evacuate because of a hurricane. The house had two floors above the stilts, eight bedrooms, as I recall, two living rooms, and three terraces. I'd value the place at $1.5 million. It was big enough for the two of us.

I hate the beach as a rule. We picked this place because there were no other houses within 300 yards.

The house was on the dunes, and not reachable by any paved road. You had to have a 4x4 capable of driving through two or three feet of loose sand, for 8 miles. (Most people chose the strand. But it was not an option on evacuation day.)

We resumed our vacation four days after the storm passed. Houses were completely blown or washed off their foundations in Kitty Hawk and Duck, just a few miles to the south. The structure we had rented, which had all the wind resistance of a barge, only suffered a broken screen door.

There's a lot to be said for the stilt concept.

Fondest regards,
Jack • reep • Toad
Twisted Roads

Conchscooter said...

I'll let you know...

cpa3485 said...

It sure sounds like the lawyers will benefit from whatever happens. I knew I picked the wrong profession. But stilts make for perfect common sense considering the circumstances. I don't have to buy flood insurance where I live, but some areas that are close to creeks and rivers do have to buy it. There are always the inevitable arguments about who is in a flood plain and who is not.

Singing to Jeffrey's Tune said...

The wife and I have a building lot on Pine Island FL (Sanibel Island wrappers it, leaving no beach. So it gets much less tourist and is outside the city limits of Cape Coral - so many less rules. The wife and I like it that way). It is in a TS flood plane (tropical storm).

I found I could get around the "enclosure" rule by building up the lot to a certain height. After calculation, it was cheaper to install the "exit vents" or "break -away walls". That said, the cheaper option was no enclosures at all and just throw out junk.

However, cheapest option is to buy the place next to mine that appears to be in foreclosure and just combine the parcels.

Some day will may build on it.