Fort Myers Beach LPA approves three variances and sends one to town council

The Fort Myers Beach Local Planning Agency on June 17 approved three separate variances for properties island‑wide and voted to forward one contested variance to the town council.

At the first quasi‑judicial hearing the LPA unanimously approved variance B‑202600070 for 5520 Estero Boulevard, allowing a second‑floor balcony to extend 2 feet into the 6.5‑foot side setback for a single‑family rebuild after storm damage. Senior planner Jason Smallley told the panel the original structure had been demolished after the storm and staff recommended conditional approval. Jose Musa, representing the owner, confirmed required notifications and said adjacent neighbors had no objections. Chair called for public testimony and, seeing none, the LPA voted to adopt staff’s three conditions and approve the variance.

A second variance, V‑20250260 for 1002 Baymar Drive, asked to reduce a 20‑foot rear setback by 7.9 feet to allow an enclosed access staircase serving a two‑family residence. Jason Smallley told the board staff recommended denial because design alternatives (moving the stairs toward the front setback or internalizing the stair) were available; architect William Orengo described why the owner had placed the stair at the rear for aesthetic and access reasons. After discussion about alternatives and neighbor impacts the LPA approved the variance by a 6–1 vote; the chair and staff noted a non‑unanimous decision means the matter may be appealed to the town council.

The third variance, V‑202600056 for 21531 Wijon Terrace, sought to reduce the water‑body setback from the meandering mean‑high‑water line to allow an uncovered inground pool on a non‑seawalled bay lot. Jason Smallley explained that non‑seawalled lots are measured to the mapped mean high water line and that staff recommended approval with conditions. The board qualified a pool contractor as an expert; members asked specifically about vegetation and rip‑rap along the shoreline. LPA member Don Sudith proposed and the panel added a condition prohibiting removal of mangroves or riprap without required state permits; the motion to approve with the additional condition carried unanimously.

Next steps: the Baymar Drive variance will move to the town council because of the split vote; the other approvals are final unless appealed per the town’s 10‑day appeal window.

The LPA meeting packet, staff reports and the hearing record for each item were accepted into the meeting record.