On Jan. 13 the Fort Myers Beach Local Planning Agency voted to deny a variance that would have reduced a required 20‑foot side/street setback by about 11.9 feet to permit a deck on a corner lot at 173 Gulf Island Drive.

Senior planner Jason Smalley told the LPA the request involved a unique lot layout and a proposed deck of roughly 232 square feet (staff materials also referenced 252 sq. ft. as built‑up area), but staff recommended denial because the house is usable without relief and the applicant had not demonstrated the statutory hardship required for a variance.

Applicant John Prince told the board the deck was intended for family use and said he relies on a management agency to register the property for monthly rentals; members and neighbors disputed that characterization, saying they had observed frequent turnover and noise during peak season. A sworn neighbor, Susan Crawford, testified that summer rentals had generated excessive noise and that an expanded deck would be an eyesore and injurious to the neighborhood.

Members discussed whether the property was properly registered as a monthly rental, possible permit conditions that could require registration before a certificate of occupancy, and the limits that state law (SB 180) places on adding code requirements that make compliance preconditions to approvals. Nancy, the town attorney, cautioned that requiring compliance as a precondition could run afoul of SB 180 unless the code is amended and noted existing code‑enforcement avenues remain in place.

After discussion, a motion to deny the variance — based on the land development code criteria and lack of hardship — was seconded and the LPA voted to deny the request. The chair informed the applicant the next step is appeal or review by town council.