Town Council denies administrative appeal over Widgeon Terrace pool permit, 4‑1

The Fort Myers Beach Town Council voted 4‑1 on April 21 to deny an administrative appeal of a building permit for a proposed pool at 21391 Widgeon Terrace.

Background: The council heard a staff recommendation and packet materials indicating a permit had been issued, revoked, reissued, and appealed multiple times. Town staff and the council noted the appeal was filed outside the 30‑day appeal period and that the town’s review process for building appeals had moved to a special magistrate late in the prior year.

Town Attorney Nancy told council members that some materials in the packet — including an approval letter dated Nov. 15, 2024 — showed the chronology that underpinned staff’s recommendation to deny the appeal on procedural grounds. Counsel for one side, Robert Baran, was present but the homeowner and the homeowner’s counsel were not.

Motion and vote: Councilor King moved to deny the administrative appeal; Councilor Woodson seconded. Vice Mayor Adderholt cast the lone dissent; the motion carried 4‑1.

Why it matters: Council discussion focused on procedural problems — the timeliness of the filing, whether appeals should go to the special magistrate rather than council, and the risk of duplicative review because a related petition for writ of certiorari is pending in circuit court. Attorney Baran urged the council to decline re‑litigating issues already before a judge.

What the council did not decide: Council members and staff emphasized they were ruling on procedural posture, not reopening the circuit court matter. The town attorney warned that additional filings or efforts to relitigate the same issues could raise res judicata concerns.

Ending: The council’s denial resolves the immediately scheduled agenda item; any further challenge would follow the court process that a party has already initiated.