Council grants rehearing for Widgeon Terrace pool‑permit appeal, sets May 19 date

Fort Myers Beach — The Town Council unanimously granted a request for rehearing Monday in the administrative appeal of a building permit for a swimming pool at 213191 Widgeon Terrace after the town attorney said the property owner had not received proper notice of aspects of the earlier proceeding.

What happened: At the council’s prior meeting an appeal of building permit 24233‑23477 (construction of a private pool) was reviewed without testimony from the town’s building official and with a reporting error in notice to the appellant, the town attorney said. The appellant’s counsel, Robert Hartsell, said the appellants did submit timely filings and attempted to follow up but did not receive correct scheduling information.

Town attorney Nancy (last name not stated in record) told council that a rehearing was appropriate because the record could be incomplete and a new decision would likely be appealed in any event. The property‑owner’s attorney, Robert Buran, told council his client agreed with granting a rehearing and that May 19 worked for scheduling.

Council action: Mayor moved to grant the rehearing and reconsideration of the denial of the appeal; council set the rehearing date for May 19, 2025, at 9 a.m. The motion carried unanimously.

Why it matters: Administrative appeals of building decisions are quasi‑judicial matters and rely on precise notice and procedural safeguards. The council’s decision preserves the parties’ due‑process rights and creates a fuller record so that any subsequent review will rest on a complete administrative hearing.

Next step: The rehearing will proceed on May 19 at 9 a.m.; the council requested that the town present any missing staff testimony and that both sides be given full opportunity to present evidence.