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Fort Myers Beach LPA unanimously approves special exception to replace deck at 7954 Estero Boulevard
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Summary
The Fort Myers Beach Local Planning Agency on March 10 approved a like‑for‑like replacement of a 494-square-foot deck at 7954 Estero Boulevard, including an 89-square-foot portion seaward of the 1978 Coastal Construction Control Line, subject to three staff conditions.
The Fort Myers Beach Local Planning Agency voted unanimously on March 10 to approve a special exception allowing a like‑for‑like replacement of a 494-square-foot deck at 7954 Estero Boulevard, including 89 square feet that extend into the town’s environmentally critical (EC) zone seaward of the 1978 Coastal Construction Control Line (CCCL). The motion adopted three staff-recommended conditions.
Staff senior planner Jason Smalley told the panel the structure dates to 1977 and that, "to the best of our understanding, the deck was permitted concurrent with the house" when the CCCL was established, which now places a small portion of the deck in the EC zone. Smalley said staff recommended approval with three conditions designed to address the EC encroachment and ensure code compliance.
Applicant representative Tara Stewart, who said she had previously been accepted as an expert, described the request as "a very simple request" and confirmed that the unpermitted portion totals 89 square feet while the remainder of the deck is permitted by right. Owner Tom Matthews, who identified himself during public comment, described the property as his childhood home and thanked the agency for considering the request so his family can return to the island.
A motion to approve the special exception with the three staff conditions was made and seconded; the vote was unanimous. The town attorney had earlier explained the proceeding’s quasi‑judicial nature and noted that under Ordinance 25‑18 a unanimous decision in certain circumstances may constitute final agency action, subject to a party’s request for additional hearing or council review within 10 days.
The LPA record shows the application was described on the agenda as 7954 Estero Boulevard. During the presentation a staff speaker referenced 7950 Forest Air Boulevard; staff said they would ensure the record and property identification are reconciled in the final paperwork. The agency did not discuss amendments to the three conditions during the hearing.
The decision carries the three staff-recommended conditions; the applicant and staff will complete any remaining documentary steps required by the town’s land‑development code before work proceeds.
