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Council approves special exception to rebuild pool, deck and beach access stairs at Estero Beach Club East
Summary
The council unanimously approved Resolution 25‑58 (SEZ 20240257) allowing like‑for‑like replacement of a pool, pool deck, fences, a grill area, foot‑rinse station and beach access stairs in the EC zoning district for Estero Beach Club East condominium, subject to conditions including a lighting plan and prohibition on construction during turtle‑n
The Fort Myers Beach Town Council unanimously approved a special exception allowing the Estero Beach Club East condominium association to reconstruct accessory elements—pool, pool deck, fences, grill area, foot‑rinse station and beach access stairs—where those features lie in the town’s Environmentally Critical (EC) zoning district.
Judith Franco, the town’s Community Development director, told councilors the property’s primary structures predated the 1978 coastal construction control line and that the application sought “like‑for‑like” repair and replacement of features that existed before Hurricane Ian. Franco reviewed applicable code sections, including the EC reconstruction allowance and special‑exception standards in the land development code, and recommended approval subject to conditions.
Conditions attached to the approval include: the applicant must secure all required permits; construction cannot occur during the sea‑turtle nesting season (May 1–Oct. 31); an approved lighting plan must be submitted in accord with code section 34‑1834; a fresh special‑exception approval and permit must be requested for each subsequent repair; and failure to comply will void the special‑exception approval. Franco said the town’s Land Planning Agency had recommended approval 6–0 at its Jan. 9 hearing.
Janette Devarack, representing the condominium association as a property owner and full‑time resident, affirmed the work would be put back “like for like” and said the association is not proposing additional development beyond the pre‑storm footprint.
Councilor King moved to adopt Resolution 25‑58 (SEZ 20240257 for property at 2654 Estero Boulevard) with the staff‑recommended conditions; Councilor Safford seconded. The council voted unanimously to approve the resolution.
Why it matters: The decision allows reconstruction of long‑standing common‑area amenities for an established condominium complex in an environmentally sensitive seaward zone, while attaching conditions intended to protect sea turtles and ensure compliance with current code requirements.
Votes at a glance: Resolution 25‑58 (SEZ 20240257 — Estero Beach Club East at 2654 Estero Boulevard): Motion by Councilor King; second by Councilor Safford; unanimous approval.
Ending: Councilors discussed whether the town should consider code changes to let certain unanimous LPA recommendations proceed without full council review; staff and council asked community development staff to draft narrowly tailored language for future consideration.
