The Fort Myers Beach Local Planning Agency on Jan. 13 approved a special exception permitting an increase in the number of bedrooms at a two‑family residence at 166 and 168 Coconut Drive using the town’s post‑disaster build‑back provision.

Jason Smalley, senior planner, told the LPA the applicant sought to retain or increase pre‑storm density within the roofline as allowed by the town’s post‑disaster policy. Staff recommended conditions to mitigate increased intensity, including adding one parking space and verifying that the rebuilt structure meets permitting requirements prior to certificate of occupancy.

During questioning, members sought clarification about which bedroom count the property was vested to under pre‑storm records. Staff acknowledged a discrepancy between LEPA/parcel records and the staff report and said they would verify 2021 records to confirm what existed pre‑storm. The applicant provided a certified LEPA record asserting a 5‑bed/3‑bath configuration and said the third floor would be for family use while the second floor could be rented to long‑term tenants.

Attorney Nancy reminded the board that post‑disaster vesting applies to square footage and density within the roofline and that permitting review still controls height and setbacks. Several members emphasized that speculative testimony not grounded in competent evidence cannot form the basis of a quasi‑judicial decision.

A motion to approve the resolution (SEZ20250271) with the three staff‑recommended conditions passed unanimously. The conditions require, among other items, demonstration of parking capacity before final occupancy and standard construction permitting review. The LPA noted the decision is final unless a request for hearing or town‑council review is filed with the town clerk within 10 days.