Fort Lauderdale planning board denies request to vacate historic Tarpon River right-of-way

Fort LauderdalePlanning & Zoning Board Chairman Patrick McTeague and a majority of board members voted on Sept. 24 to recommend denial of an application from four Tarpon River property owners to vacate the final remaining segment of the historic Southwest Sixth Avenue right-of-way. The request would have transferred the easement to the adjacent homeowners.

The boardaction followed more than an hour of public comment, presentations by the applicantsattorney and findings from city staff. Attorney Ryan Horland, representing the applicants, told the board the right-of-way was originally dedicated as part of a 1910 plat and has been reduced by subsequent replats and a 1997 city ordinance that vacated a different portion. Horland said the strip is largely unimproved, contains no utilities and that the applicants and 14 nearby neighbors support the vacation to address safety and nuisance concerns.

Neighbors who spoke opposed the vacation, arguing the right-of-way is actively used by pedestrians, children and some residents who access rear properties. Multiple longtime Tarpon River residents, including Vanessa Apotheker, president of the Tarpon River Civic Association, Gloria Reese and others, described routine use for walking, bicycling and short-cut access between Southwest 10th and 11th streets. Several speakers also said the corridor has been a neighborhood amenity for decades and recalled prior city actions, including re-routing sewer work, intended to preserve the route.

Staff planning and case planner Adam Schnell told the board the application did not meet the cityUnified Land Development Regulations criteria for vacation. Schnell noted technical reviews from utility and public works divisions flagged potential future uses for the strip, including possible stormwater or pump-related needs, and concluded the right-of-way continues to serve a public purpose for pedestrian and limited vehicular access.

Board member Jackie Scott moved to deny the vacation application, saying multiple neighbors testified they use the path and that vacating it would adversely affect pedestrian circulation and safety. The motion was seconded and passed on roll call; Sherry McCartney recused herself earlier in the hearing because an attorney from her firm represents the applicant. The boardrecommendation now goes to the City Commission, which will hold public hearings before taking final action.

Why it matters: The right-of-way dispute affects neighborhood connectivity, public access and whether a once-dedicated thoroughfare can be converted to private use. Residents said the path shortens walking routes in an area with long blocks and limited sidewalks; opponents also pointed to a previously rejected vacation in 2003 and a subsequent city commission denial in 2004. The boarddecision preserves the citystaff finding that the easement still serves a public purpose.

Whathappened next: The boardvote was a recommendation to the City Commission. The applicants have an active court case related to the same parcel; the hearing record includes a circuit court order from Aug. 13, 2024, that stayed the litigation and directed plaintiffs to pursue a voluntary vacation application through the city process. No development permits or approvals were submitted with the vacation request, and the applicantsattorney said no developer sale or construction approvals accompany this application.

Board members and residents urged City Commission review with continued attention to pedestrian safety and potential city utility needs.