Council approves vacation of canal right-of-way at 1645 Edith Esplanade after neighbor raises stormwater, view and value concerns

The Cape Coral City Council voted to approve Resolution 19-25, which vacates a 945-square-foot portion of canal right-of-way and a 416-square-foot platted easement adjacent to Lots 34 and 35, Block 75, Cape Coral Unit 6 Part 3 (property at 1645 Edith Esplanade).

The item was considered as a quasi-judicial matter. Staff and the hearing officer had recommended approval with selected conditions; the hearing officer previously recommended approval at an August 2024 hearing. Senior planner Patrick Coughton White told the council that the application met the requirements of the Land Development Code (LDC) section 3.4 and that letters of no objection had been received from utility partners.

Neighbor objects; developer and staff respond

A nearby property owner, Kathy Rife, spoke during the public hearing and said she had submitted e-comments with photos and voiced concerns that the vacation could affect stormwater runoff, flood protection, and views from her property, and could reduce her home’s value. “I think it is important that you not set a precedence for waterfront property for this vacation of easement,” she told the council.

The applicant’s representative, James Lear of Ohana Custom Homes, presented a packet of survey and photo evidence. Lear said a prior home had been demolished and a new home was permitted and under construction in FEMA-compliant elevation. He said city inspections and surveys showed the construction met setback and flood-elevation requirements and that the pool and seawall had been approved. He told the council the hearing officer had found no objection at the earlier hearing and supported the vacation.

Planner’s explanation of easement replacements

Staff explained the vacation affects an unexcavated canal right-of-way between the current property line and the seawall; staff proposed vacating a misplaced public utility easement and relocating a six-foot perimeter public utility easement to the correct northern location on the expanded property so the city preserves utility access.

Council discussion and vote

Council members asked about surveys, flood records and whether the dispute over a roof overhang was a private civil matter; staff said such property-line disputes are between owners and not settled by council. After discussion, council approved the resolution on roll call; the clerk recorded eight ayes and the motion carried.

Ending

The resolution removes the identified right-of-way and platted easement and replaces required public utility easements in the correct location, per staff conditions. The council’s action followed the hearing officer’s earlier recommendation and staff findings that the application met the LDC requirements.