Council hearings: two denied, two approved
The Fort Myers Beach Town Council was busy addressing variances, amendments and settlements within the scope of policy decisions Monday evening. Four of the above issues were involved in quasi-judicial public hearings.
In the first hearing, Edison Beach House at 830 Estero Blvd. was denied a request for an amendment to its schedule of uses involving the allowance of resort accessory uses. The request was denied by a 3-2 vote.
Mayor Anita Cereceda, who has known the owners of the hotel for many years, made the motion to deny the request based on being unable to find ambiguity or changes to the recommended findings and conclusions.
“It pains me to tell you that I can’t support this,” she said.
Edison Beach House has been trying for the allowance of resort accessory uses -specifically personal watercraft, parasailing and beach furniture- on the property for some time. On Oct. 6, Council denied the right unanimously. On Oct. 20, Council granted the applicant’s request for a re-hearing.
Under Town definition, Edison Beach Resort is not a “resort” because it contains less than 50 rooms. The 0.9-acre property was rezoned in 1997. Prior to that, records show it was allowed to have such uses but the operator transferred locations and the owner did not make a request for continuing uses.
Edison Beach House is located just north of Lynn Hall Park. Councilwoman Rexann Hosafros did not think that would be an appropriate location due to safety reasons involved with a busy beachfront next door.
“There is a reason for that definition, and there are rules that we should follow,” she said.
In the second hearing, a variance to reconstruct an access parkway, rebuild a terminal platform and allow an existing setback for the terminal platform on a dock was unanimously denied at the property at 721 Matanzas Court.
The owner requested to add a boathouse to the previously-existing dock, which would expand the nonconforming dock. So, the applicant removed the nonconforming dock, relocated the dock to meet the required setback, reduced the width of the access walkway, and reduced the area of the terminal platform. The walkway was proposed to be 7’4″ in width where 4″ is otherwise permitted, platform rebuild was proposed to be 295 square feet where 160 square feet is otherwise permitted and 1 proposed 7’8″ setback for the platform where 25 feet is otherwise required.
The three-fold variance was first denied by Town staff due and cited with nonconformity reasons. LPA also had no desire to set precedence in this variance. A neighbor representative also requested denial of the variance.
Council agreed with the findings that the applicant provided no evidence that an increase in size is warranted.
“There are not exceptional or extraordinary circumstances, the conditions are the result of the applicant and the variance granted is not ‘de minimus’ and would be injurious to the neighbor,” said Hosafros.
In the third hearing, Council granted a variance by a 3-2 vote to raise an existing structure at 125 Pearl St. The action allows the home on that property to be raised while maintaining the existing setback encroachments and increasing the size of the front and rear decks. The raised home would meet FEMA standards.
Although Town staff recommended denial of such a variance due to an increase in size for both the front entryway and rear deck, LPA did unanimously approve the variance and cited a “unique situation.”
“The property owner needs appropriate access,” said LPA vice chair Joanne Shamp. “We do want to encourage people to elevate their structures. When you elevate them. It does bring a unique set of circumstances to each property. It’s larger, but there is no further encroachment into the setback.”
Cereceda agreed with that philosophy, but was troubled with the increase in size of the overall building.
“I want to encouraged people who have these homes to keep them, so that 50 years from now, people will know the same Fort Myers Beach that I know,” she said.
In the fourth hearing, Council unanimously granted a variance request to enlarge an existing, legal, nonconforming deck to a beachfront home at 50 Dakota Ave. The action would not increase the encroachment into the required setback, but would allow a “squaring off” of what was termed an odd-shaped deck.
Town staff approved the variance and LPA also unanimously approved recommendation. Neighbor Garr Reynolds was on record for having no objection to the request.
After the hearings, Council made a determination on a settlement offer regarding reported damage done during construction work made at a seawall adjacent to 340 Fairweather Lane. The action was noted as a claim for damages due to the direct result of erosion behind the seawall after the installation of storm water drain work apparently created cracking in the seawall and, over time, areas of a nearby pool.
Council unanimously approved to have Town Attorney Derek Rooney craft an immediate agreement with the property owner, Beach resident Jane Plummer, to include construction of a 126-foot vinyl seawall in front of the existing seawall and to repair pool steps for stabilization that would essentially stabilize the pool deck. The approved motion would allow immediate relief and also gives additional time for the property owner to explore remedies to the pool.
A claim against the contractor who did the work comes next. Plummer agreed to cooperate in any future litigation.
“We will see if we get the contractor to take some liability on and to try to resolve the issue,” said Rooney. “Regardless, we will be putting together a settlement offer.”
During Council workshop Monday morning, there was a presentation that fortified paperwork sent to Town officials. Cereceda then met with Plummer and her representatives. It was reported the contractor involved with the construction was contacted but did not want to be in the conversation.
The problem was noted to be exacerbated by the passage of time. The issue has been actively going on for four months, and cracking and movement was reportedly getting worse.
“The Buck stops with the five of us,” Cereceda said. “This has been going on for four months. We need to expeditiously seek a bid to repair what is damaged.”