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LPA unanimously approves variances at 138 Hibiscus to keep elevated meter and stairs
Summary
The Fort Myers Beach Local Planning Agency unanimously approved two variances for 138 Hibiscus Drive to allow an elevated mechanical equipment pad and a stair/platform to access an elevated FPL meter after staff said the changes were driven by field requirements during construction.
The Fort Myers Beach Local Planning Agency voted unanimously to approve two variances for 138 Hibiscus Drive that will allow elevated mechanical equipment and stairs that encroach into the required rear setback.
Chair Nancy opened the hearing and Jason Smalling of the town planning and zoning department told the board the applicant sought two separate variances: a 4.6‑foot encroachment for a mechanical equipment pad and a 3.3‑foot variance to permit stairs and a 16.7‑foot rear deck setback. "They are needing to request a 4.6 foot encroachment," Smalling said, noting the as‑built survey showed the pad and stairs sit farther into the rear yard than the code allows.
Neighbor and architect Albert Chambers explained the practical driver behind the request: meter and service‑equipment elevations required by the utility. "FPL has a handbook requirement that says if you're gonna put in a meter more than a certain height, you have to have a certain platform. You have to have a set of stairs. You have to have a railing," Chambers said, adding that elevating meters can make homes more resilient to storm surge.
Commissioners questioned whether the town's land‑development code should be updated to reduce repeat variances when utilities require elevated meters during construction; staff agreed changes could be considered in a future LDC update. There was no opposition during public comment; staff noted letters of neighborhood support.
A motion to approve both variance requests, subject to the conditions in the staff report, was made, seconded and carried unanimously. Because this was a quasi‑judicial hearing, the LPA chair noted that an unanimous approval by eligible voting members constitutes final agency action unless someone files a request for further review with the town clerk within 10 days.
The decision allows the owner to retain the elevated pad and stairs as shown in the as‑built survey, with the conditions listed in the staff report governing construction details and compliance.
