Fort Myers Beach Approves Construction Projects Amid Turtle Season and Setback Debates
- Meeting Overview:
In a recent meeting, the Fort Myers Beach Local Planning Agency tackled various construction-related proposals, prominently discussing a rezoning request for a duplex at 138-140 Delmare Avenue, variance requests for properties at Crescent Street and Osteago Drive, and contentious regulations on construction during turtle nesting season. The agency approved several variance requests, allowing for construction adaptations in response to natural disasters and environmental regulations, while also considering the implications of local wildlife protection laws.
A significant portion of the meeting centered around a proposal to waive construction restrictions during turtle nesting season. The discussion was prompted by an agenda item concerning construction activities, specifically condition number four, which prohibited work during this critical time for local wildlife. The proposal suggested that eliminating this restriction would enable applicants to proceed with their projects more efficiently, provided they adhere to other state-imposed environmental limitations. This potential waiver led to questions from attendees, with clarifications sought on whether the local agency could indeed lift such restrictions. It was confirmed that while local conditions could be removed, state agencies would maintain the authority to enforce necessary environmental protections.
Following this, the meeting addressed a property at 138-140 Delmare Avenue, where the applicant sought to rezone from residential conservation to residential planned development, facilitating the construction of a two-story duplex meeting flood elevation requirements. The request included a deviation for the porch and stoop to encroach 15 feet into a 25-foot setback. Evidence showed that the property previously supported two dwelling units before Hurricane Ian. The proposal aimed to rebuild a larger duplex in alignment with post-disaster regulations. The agency, after noting that no adverse impacts were anticipated, voted unanimously to approve the ordinance, emphasizing compliance with all relevant state and local permits.
Another focal point was a variance request for a property on Crescent Street, where the applicant sought to adjust side and water body setbacks to elevate an existing residence. The home, originally built in 1952, had a non-conforming side setback of 2.9 feet. The applicant’s agent emphasized the house’s robustness and compliance with flood requirements, urging leniency in elevation cases that would not adversely affect the environment. The variance was approved unanimously.
The discussion then moved to a variance request on Osteago Drive, where the applicant planned to build a pool closer to the side street than typically permitted. The agency clarified that the variance would apply only to the single-family home as per the site plan. Concerns were raised about tying variances to primary structures, especially when accessory structures like pools might remain viable even if the main house were damaged. The applicant highlighted that their request mirrored precedents set by other homes on the street. Approval was granted without opposition.
Subsequently, the agency reviewed a proposal for 21541 Wijon Terrace, where the property owners aimed to build a new pool and spa closer to bay waters than regulations allow. The request originated from design decisions made for a new home, not the lot’s irregular shape. Despite a neighbor’s supporting letter, staff recommended denial, emphasizing that the setback issue was design-related. The applicants argued the variance was minor and would not harm neighboring properties, stressing the importance of sun exposure for the pool’s location. The agency weighed these factors but ultimately did not endorse the variance.
The meeting then tackled a variance request for 5236 Aero Boulevard, involving reductions in front setback and increases in building and impervious surface coverage. The property, constrained by outdated zoning and coastal construction regulations, required variances to accommodate a new, elevated three-story home. The design included a raised pool and parking spaces beneath the residence. The agency acknowledged the challenges posed by evolving regulations and approved the variances, subject to conditions ensuring neighborhood flood management and compliance with broader zoning criteria.
The meeting concluded with discussions on administrative items, including potential future changes to streamline the variance process, particularly for small lots. Members expressed a desire to address outdated regulations that complicate rebuilding efforts, especially in post-disaster contexts. There was recognition of the need for clarity in setback and impervious calculation rules, particularly as they apply to beachfront properties, to facilitate more efficient and responsive decision-making.
Dan Allers
Planning Board Officials:
Douglas Eckmann, Jane Plummer (Vice Chair), Don Sudduth, Anita Cereceda (Chair), John McLean, James “Jim” Dunlap, James Boan
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Meeting Type:
Planning Board
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Committee:
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Meeting Date:
08/12/2025
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Recording Published:
08/12/2025
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Duration:
100 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Lee County
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Towns:
Fort Myers Beach
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