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Neighbors clash over illegal pool deck construction violations

November 13, 2024 | Cape Coral City, Lee County, Florida


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Neighbors clash over illegal pool deck construction violations
Residents of Cape Coral are raising concerns over alleged construction violations by their neighbors at 1713 Southwest 30th Terrace. The issue centers around a newly constructed swimming pool and deck, which, according to city-approved plans, were to be situated 10 feet and 2 inches from the mutual property line. However, complaints have emerged following unauthorized modifications made by the neighbors.

On September 16th and 17th, the homeowners reportedly hired Miramar Pools to extend their pool deck into the designated setback area, encroaching approximately 5 to 6 feet without the necessary building permit. This action is said to violate the Cape Coral land development code, specifically paragraph 5.512(a), which prohibits such encroachments.

Further complicating the matter, the construction involved the dumping of sand and the pouring of a concrete retaining wall within a 6-foot public utility easement, a move that contravenes paragraph 516(b) of the code, which restricts activities in areas with overhead utility lines.

The concerned residents filed a complaint with Cape Coral code enforcement shortly after the alleged violations occurred. Code enforcement officials visited the site, confirmed the violations, and communicated the findings to the neighbors. However, nearly 60 days have passed since the complaint was filed, and no formal notice of violation has been issued against the neighbors for their actions.

The situation highlights ongoing tensions in the community regarding adherence to building regulations and the enforcement of local codes. Residents are now awaiting further action from city officials to address the reported violations.

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